Building construction — See Ch. 123.
Subdivision of land — See Ch. 263.
Zoning — See Ch. 320.
§ 171-3Base flood elevation.
§ 171-4Duties of Director of Building
§ 171-5Development permit.
§ 171-6Preventing increased flood heights
and resulting damages.
§ 171-7Protecting buildings.
§ 171-8Subdivision requirements.
§ 171-9Public health and other standards.
§ 171-10Carrying capacity and notification.
§ 171-12Disclaimer of liability.
§ 171-14Abrogation and greater restrictions.
This chapter is enacted pursuant to the police powers granted to the Village by the Illinois Municipal Code (65 ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8, and 5/11-31-2) in order to accomplish the following purposes:
To prevent unwise developments from increasing flood or drainage hazards to others;
To protect new buildings and major improvements to buildings from flood damage;
To promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding;
To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations;
To maintain property values and a stable tax base by minimizing the potential for creating blight areas;
To make federally subsidized flood insurance available; and
To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
For the purposes of this chapter, the following definitions are adopted:
- BASE FLOOD
- The flood having a one-percent probability of being equaled or exceeded in any given year. The base flood is also known as the one-hundred-year flood. The base flood elevation at any location is as defined in § 171-3 of this chapter.
- BASE FLOOD ELEVATION (BFE)
- The elevation in relation to mean sea level of the crest of the base flood.
- A structure that is principally above ground and is enclosed by walls and a roof, including manufactured homes, prefabricated buildings, and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year.
- CRITICAL FACILITY
- Any public or private facility which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Examples are public buildings, emergency operations and communication centers, health care facilities and nursing homes, schools, and toxic waste treatment, handling or storage facilities.
Any man-made change to real estate, including but not necessarily limited to:
Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;
Substantial improvement of an existing building;
Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days per year;
Installation of utilities, construction of roads, bridges, culverts or similar projects;
Construction or erection of levees, dams, walls, or fences;
Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;
Storage of materials including the placement of gas and liquid storage tanks; and
Channel modifications or any other activity that might change the direction, height, or velocity of flood- or surface waters.
"Development" does not include routine maintenance of existing buildings and facilities; resurfacing roads; or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees.
- Federal Emergency Management Agency.
- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
- FLOOD FRINGE
- That portion of the floodplain outside of the regulatory floodway.
- FLOOD INSURANCE RATE MAP
- A map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.
- FLOODPLAIN AND SPECIAL FLOOD HAZARD AREA (SFHA)
- Terms are synonymous and mean those lands within the jurisdiction of the Village of Williamsville that are subject to inundation by the base flood. The floodplains of the Village of Williamsville are generally identified as such on the Flood Insurance Rate Map of the Village of Williamsville, prepared by the Federal Emergency Management Agency and dated August 2, 2007. The floodplains of those parts of unincorporated Sangamon County that are within the extraterritorial jurisdiction of the Village of Williamsville or that may be annexed into the Village of Williamsville are generally identified as such on the Flood Insurance Rate Map prepared for Sangamon County by the Federal Emergency Management Agency and dated August 2, 2007. "Floodplain" also includes those areas of known flooding as identified by the community.
- Any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents.
- FLOODPROOFING CERTIFICATE
- A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
- FLOOD PROTECTION ELEVATION or FPE
- The elevation of the base flood plus one foot of freeboard at any given location in the floodplain.
- That portion of the floodplain required to store and convey the base flood. The floodways for each of the floodplains of the Village of Williamsville shall be according to the best data available from federal, state, or other sources.
- Illinois Department of Natural Resources/Office of Water Resources.
- MANUFACTURED HOME
- A structure transportable in one or more sections that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.
- National Flood Insurance Program.
- REPETITIVE LOSS
- Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
- See definition of "floodplain."
- SUBSTANTIAL DAMAGE
- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination.
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started. "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register of Historic Places or the Illinois Register of Historic Places.
- TRAVEL TRAILER or RECREATIONAL VEHICLE
- A vehicle which is:
Built on a single chassis;
Four hundred square feet or less in size;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
This chapter's protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace the existing data with better data and submit it to the FEMA and IDNR/OWR for approval prior any development of the site.
The base flood elevation for the floodplains of the Village of Williamsville shall be according to the best data available from federal, state or other sources. Should no other data exist, an engineering study must be financed to determine base flood elevations.
The base flood elevation for each of the remaining floodplains delineated as an "A Zone" on the Flood Insurance Rate Map of the Village of Williamsville shall be according to the best data available from federal, state or other sources. Should no other data exist, an engineering study must be financed to determine base flood elevations.
The base flood elevation for the floodplains of those parts of unincorporated Sangamon County that are within the extraterritorial jurisdiction of the Village of Williamsville, or that may be annexed into the Village of Williamsville, shall be as delineated on the one-hundred-year flood profiles of the Flood Insurance Study of Sangamon County prepared by the Federal Emergency Management Agency and dated August 2, 2007.
The Director of Building and Zoning shall be responsible for the general administration of this chapter and ensure that all development activities within the floodplains under the jurisdiction of the Village of Williamsville meet the requirements of this chapter. Specifically, the Director of Building and Zoning shall:
Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of § 171-6.
Ensure that the building protection requirements for all buildings subject to § 171-7 are met and maintain a record of the as-built elevation of the lowest floor (including basement) or floodproof certificate.
If a variance is requested, ensure that the requirements of § 171-10 are met and maintain documentation of any variances granted.
Inspect all development projects and take any and all actions outlined in § 171-12 as necessary to ensure compliance with this chapter.
Assure that applicants are aware of and obtain any and all other required local, state, and federal permits.
Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse.
Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques.
Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this chapter.
Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this chapter.
Perform site inspections and make substantial damage determinations for structures within the floodplain.
Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the Floodplain Map.
No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the Director of Building and Zoning. The Director of Building and Zoning shall not issue a development permit if the proposed development does not meet the requirements of this chapter.
The application for development permit shall be accompanied by:
Drawings of the site, drawn to scale showing property line dimensions;
Existing grade elevations and all changes in grade resulting from excavation or filling;
The location and dimensions of all buildings and additions to buildings;
The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 171-7 of this chapter.
Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
Upon receipt of an application for a development permit, the Director of Building and Zoning shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site's first Flood Insurance Rate Map is not in the floodplain and therefore not subject to the requirements of this chapter. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected but not shown on the current Flood Insurance Rate Map is subject to the provisions of this chapter. The Director of Building and Zoning shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first Flood Insurance Rate Map identification.
Within all floodplains where a floodway has not been delineated, the following standards shall apply:
Except as provided in Subsection B of this section, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:
Barge fleeting facilities meeting the conditions of IDNR/OWR Statewide Permit No. 3;
Aerial utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 4;
Minor boat docks meeting the conditions of IDNR/OWR Statewide Permit No. 5;
Minor, nonobstructive activities meeting the conditions of IDNR/OWR Statewide Permit No 6;
Outfall structures and drainage ditch outlets meeting the conditions of IDNR/OWR Statewide Permit No. 7;
Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 8;
Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit No. 9;
Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit No. 10;
Minor maintenance dredging activities meeting the conditions of IDNR/OWR Statewide Permit No. 11;
Bridge and culvert replacement structures and bridge widenings meeting the conditions of IDNR/OWR Statewide Permit No. 12; and
Temporary construction activities meeting the conditions of IDNR/OWR Statewide Permit No. 13; and
Any development determined by IDNR/OWR to be located entirely within a flood fringe area.
Other development activities not listed in Subsection A may be permitted only if:
In addition to the damage prevention requirements of § 171-6, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
Substantial improvements made to an existing building. This alteration shall be figured cumulatively beginning with any alteration which has taken place subsequent to the adoption of this chapter.
Repairs made to a substantially damaged building. These repairs shall be figured cumulatively beginning with any repairs which have taken place subsequent to the adoption of this chapter.
Structural alterations made to an existing building that increase the floor area by more than 20%.
Installing a manufactured home on a new site or a new manufactured home on an existing site. (The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.)
Installing a travel trailer or recreational vehicle on a site for more than 180 days per year.
Residential or nonresidential buildings can meet the building protection requirements by one of the following methods:
The building may be constructed on permanent land fill in accordance with the following:
The lowest floor (including basement) shall be at or above the flood protection elevation;
The fill shall be placed in layers no greater than six inches before compaction and should extend at least 10 feet beyond the foundation before sloping below the flood protection elevation;
The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure;
The fill shall be composed of rock or soil and not incorporate debris or refuse materials; and
The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary, stormwater management techniques, such as swales or basins, shall be incorporated; or
The building may be elevated in accordance with the following:
The building or improvements shall be elevated on stilts, piles, walls, or other foundation that is permanently open to floodwaters;
The lowest floor and all electrical, heating, ventilating, plumbing, and air-conditioning equipment and utility meters shall be located at or above the flood protection elevation;
If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Designs must either be certified by a registered professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation;
The foundation and supporting members shall be anchored, designed, and certified so as to minimize exposure to hydrodynamic forces, such as current, waves, ice and floating debris;
The finished interior grade shall not be less than the finished exterior grade;
All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage;
Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation, provided they are waterproofed; and
The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space.
Manufactured homes or travel trailers to be permanently installed on site shall be:
Travel trailers and recreational vehicles on site for more than 180 days shall meet the elevation requirements of Subsection C unless the following conditions are met:
The vehicle must be either self-propelled or towable by a light-duty truck. The hitch must remain on the vehicle at all times; and
The vehicle must not be attached to external structures such as decks and porches; and
The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling; and
The vehicles largest horizontal projections must be no larger than 400 square feet; and
The vehicle's wheels must remain on axles and inflated; and
Air-conditioning units must be attached to the frame so as to be safe for movement out of the floodplain; and
Propane tanks, electrical and sewage connections must be quick-disconnect and above the one-hundred-year flood elevation; and
The vehicle must be licensed and titled as a recreational vehicle or park model; and
The vehicle must be either a) entirely supported by jacks rather than blocks or b) have a hitch jack permanently mounted, have the tires touching the ground, and be supported by blocks in a manner that will allow the blocks to be easily removed by use of the hitch jack.
Nonresidential buildings may be structurally dry floodproofed (in lieu of elevation), provided a registered professional engineer or architect certifies that:
Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood;
The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice; and
Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.
Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection.
Garages or sheds constructed ancillary to a residential use may be permitted, provided the following conditions are met:
The garage of shed must be nonhabitable; and
The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use; and
The garage or shed must be located outside of the floodway; and
The garage or shed must be on a single family lot and be accessory to an existing principal structure on the same lot; and
Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage; and
All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation; and
The garage or shed must have at least one permanent opening on each wall no more than one foot above grade with one square inch of opening for every square foot of floor area; and
The garage or shed must be less than $7,500 in market value or replacement cost whichever is greater or less than 500 square feet; and
The structure shall be anchored to resist flotation and overturning; and
All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation; and
The lowest floor elevation should be documented and the owner advised of the flood insurance implications.
A building may be constructed with a crawl space located below the flood protection elevation, provided that the following conditions are met:
The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy; and
Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area shall be provided. The openings shall be no more than one foot above grade; and
The interior grade of the crawl space below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade; and
The interior height of the crawl space measured from the interior grade of the crawl to the top of the foundation wall must not exceed four feet at any point; and
An adequate drainage system must be installed to remove floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event; and
Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage; and
Utility systems within the crawl space must be elevated above the flood protection elevation.
The Board of Trustees of the Village of Williamsville shall take into account flood hazards, to the extent that they are known, in all official actions related to land management use and development.
New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protection standards of §§ 171-6 and 171-7 of this chapter. Any proposal for such development shall include the following data:
The base flood elevation and the boundary of the floodplain; where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation);
The boundary of the floodway when applicable; and
A signed statement by a registered professional engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 205/2).
No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or in a floodproofed building constructed according to the requirements of § 171-7 of this chapter.
Public utilities and facilities such as sewer, gas, and electric shall be located and constructed to minimize or eliminate flood damage.
Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other aboveground openings located below the flood protection elevation shall be watertight.
Critical facilities shall be protected to the five-hundred-year flood elevation. In addition, all ingress and egress from any critical facility must be protected to the five-hundred-year flood elevation.
All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
For all projects involving channel modification, fill, or stream maintenance (including levees), the flood-carrying capacity of the watercourse shall be maintained. In addition, the Village of Williamsville shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.
Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Plan Commission of the Village of Williamsville for a variance. The Plan Commission of the Village of Williamsville shall review the applicant's request for a variance and shall submit its recommendation to the Board of Trustees of the Village of Williamsville. The Board of Trustees of the Village of Williamsville may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
The development activity cannot be located outside the floodplain;
An exceptional hardship would result if the variance were not granted;
The relief requested is the minimum necessary;
There will be no additional threat to public health or safety, or creation of a nuisance;
There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities;
The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
All other required state and federal permits have been obtained.
The Plan Commission of the Village of Williamsville shall notify an applicant in writing that a variance from the requirements of the building protection standards of § 171-7 that would lessen the degree of protection to a building will:
Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
Increase the risks to life and property; and
Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
Variances to the building protection requirements of § 171-7 of this chapter requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of Subsection A(1) through (5).
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This chapter does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This chapter does not create liability on the part of the Village of Williamsville or any officer or employee thereof for any flood damage that results from proper reliance on this chapter or any administrative decision made lawfully thereunder.
Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this chapter. Upon due investigation, the Village Attorney may determine that a violation of the minimum standards of this chapter exists. The Village Attorney shall notify the owner in writing of such violation.
If such owner fails after 10 days' notice to correct the violation:
The Village of Williamsville shall make application to the circuit court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with the ordinance;
Any person who violates this chapter shall upon conviction thereof be fined not less than $50 nor more than $500 or each offense; and
A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
The Village of Williamsville shall record a notice of violation on the title to the property.
The Village Attorney shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
Nothing herein shall prevent the Village of Williamsville from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
This chapter repeals and replaces other ordinances adopted by the Board of Trustees of the Village of Williamsville to fulfill the requirements of the National Flood Insurance Program, including Ordinance No. 96-01, passed May 1, 1995, and Ordinance No. 2004-10, passed February 2, 2004. However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the program, nor does this chapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter or other ordinance, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.