[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 4-9-2007 by Ord. No. 2007-03.
Amendments noted where applicable.]
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:
A.
To prevent unwise developments from increasing flood
or drainage hazards to others;
B.
To protect new buildings and major improvements to
buildings from flood damage;
C.
To promote and protect the public health, safety,
and general welfare of the citizens from the hazards of flooding;
D.
To lessen the burden on the taxpayer for flood control,
repairs to public facilities and utilities, and flood rescue and relief
operations;
E.
To maintain property values and a stable tax base
by minimizing the potential for creating blight areas;
F.
To make federally subsidized flood insurance available;
and
G.
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:
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.
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.
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.
That portion of the floodplain outside of the regulatory
floodway.
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.
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.
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.
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.
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.
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."
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.
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.
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.
A.
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.
B.
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.
C.
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:
B.
Ensure that all development in a floodway (or a floodplain
with no delineated floodway) meets the damage prevention requirements
of § 171-6.
C.
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.
F.
If a variance is requested, ensure that the requirements
of § 171-10 are met and maintain documentation of any variances
granted.
G.
Inspect all development projects and take any and
all actions outlined in § 171-12 as necessary to ensure
compliance with this chapter.
H.
Assure that applicants are aware of and obtain any
and all other required local, state, and federal permits.
I.
Notify IDNR/OWR and any neighboring communities prior
to any alteration or relocation of a watercourse.
J.
Provide information and assistance to citizens upon
request about permit procedures and floodplain construction techniques.
K.
Cooperate with state and federal floodplain management
agencies to coordinate base flood data and to improve the administration
of this chapter.
L.
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.
M.
Perform site inspections and make substantial damage
determinations for structures within the floodplain.
N.
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.
A.
The application for development permit shall be accompanied
by:
(1)
Drawings of the site, drawn to scale showing property
line dimensions;
(2)
Existing grade elevations and all changes in grade
resulting from excavation or filling;
(3)
The location and dimensions of all buildings and additions
to buildings;
(4)
The elevation of the lowest floor (including basement)
of all proposed buildings subject to the requirements of § 171-7
of this chapter.
(5)
Cost of project or improvements as estimated by a
licensed engineer or architect. A signed estimate by a contractor
may also meet this requirement.
B.
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:
A.
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:
(1)
Barge fleeting facilities meeting the conditions of
IDNR/OWR Statewide Permit No. 3;
(2)
Aerial utility crossings meeting the conditions of
IDNR/OWR Statewide Permit No. 4;
(3)
Minor boat docks meeting the conditions of IDNR/OWR
Statewide Permit No. 5;
(4)
Minor, nonobstructive activities meeting the conditions
of IDNR/OWR Statewide Permit No 6;
(5)
Outfall structures and drainage ditch outlets meeting
the conditions of IDNR/OWR Statewide Permit No. 7;
(6)
Underground pipeline and utility crossings meeting
the conditions of IDNR/OWR Statewide Permit No. 8;
(7)
Bank stabilization projects meeting the conditions
of IDNR/OWR Statewide Permit No. 9;
(8)
Accessory structures and additions to existing residential
buildings meeting the conditions of IDNR/OWR Statewide Permit No.
10;
(9)
Minor maintenance dredging activities meeting the
conditions of IDNR/OWR Statewide Permit No. 11;
(10)
Bridge and culvert replacement structures and
bridge widenings meeting the conditions of IDNR/OWR Statewide Permit
No. 12; and
(11)
Temporary construction activities meeting the
conditions of IDNR/OWR Statewide Permit No. 13; and
(12)
Any development determined by IDNR/OWR to be
located entirely within a flood fringe area.
A.
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:
(2)
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.
(3)
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.
(4)
Structural alterations made to an existing building
that increase the floor area by more than 20%.
(5)
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.)
(6)
Installing a travel trailer or recreational vehicle
on a site for more than 180 days per year.
B.
Residential or nonresidential buildings can meet the
building protection requirements by one of the following methods:
(1)
The building may be constructed on permanent land
fill in accordance with the following:
(a)
The lowest floor (including basement) shall
be at or above the flood protection elevation;
(b)
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;
(c)
The fill shall be protected against erosion
and scour during flooding by vegetative cover, riprap, or other structural
measure;
(d)
The fill shall be composed of rock or soil and
not incorporate debris or refuse materials; and
(e)
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
(2)
The building may be elevated in accordance with the
following:
(a)
The building or improvements shall be elevated
on stilts, piles, walls, or other foundation that is permanently open
to floodwaters;
(b)
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;
(c)
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;
(d)
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;
(e)
The finished interior grade shall not be less
than the finished exterior grade;
(f)
All structural components below the flood protection
elevation shall be constructed of materials resistant to flood damage;
(g)
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
(h)
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.
C.
Manufactured homes or travel trailers to be permanently
installed on site shall be:
D.
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:
(1)
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
(2)
The vehicle must not be attached to external structures
such as decks and porches; and
(3)
The vehicle must be designed solely for recreation,
camping, travel, or seasonal use rather than as a permanent dwelling;
and
(4)
The vehicles largest horizontal projections must be
no larger than 400 square feet; and
(5)
The vehicle's wheels must remain on axles and inflated;
and
(6)
Air-conditioning units must be attached to the frame
so as to be safe for movement out of the floodplain; and
(7)
Propane tanks, electrical and sewage connections must
be quick-disconnect and above the one-hundred-year flood elevation;
and
(8)
The vehicle must be licensed and titled as a recreational
vehicle or park model; and
(9)
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.
E.
Nonresidential buildings.
(1)
Nonresidential buildings may be structurally dry floodproofed
(in lieu of elevation), provided a registered professional engineer
or architect certifies that:
(a)
Below the flood protection elevation the structure
and attendant utility facilities are watertight and capable of resisting
the effects of the base flood;
(b)
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
(c)
Floodproofing measures will be incorporated
into the building design and operable without human intervention and
without an outside source of electricity.
(2)
Levees, berms, floodwalls and similar works are not
considered floodproofing for the purpose of this subsection.
F.
Garages or sheds constructed ancillary to a residential
use may be permitted, provided the following conditions are met:
(1)
The garage of shed must be nonhabitable; and
(2)
The garage or shed must be used only for the storage
of vehicles and tools and cannot be modified later into another use;
and
(3)
The garage or shed must be located outside of the
floodway; and
(4)
The garage or shed must be on a single family lot
and be accessory to an existing principal structure on the same lot;
and
(5)
Below the base flood elevation, the garage or shed
must be built of materials not susceptible to flood damage; and
(6)
All utilities, plumbing, heating, air conditioning
and electrical must be elevated above the flood protection elevation;
and
(7)
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
(8)
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
(9)
The structure shall be anchored to resist flotation
and overturning; and
(10)
All flammable or toxic materials (gasoline,
paint, insecticides, fertilizers, etc.) shall be stored above the
flood protection elevation; and
(11)
The lowest floor elevation should be documented
and the owner advised of the flood insurance implications.
G.
A building may be constructed with a crawl space located
below the flood protection elevation, provided that the following
conditions are met:
(1)
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
(2)
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
(3)
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
(4)
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
(5)
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
(6)
Portions of the building below the flood protection
elevation must be constructed with materials resistant to flood damage;
and
(7)
Utility systems within the crawl space must be elevated
above the flood protection elevation.
A.
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.
B.
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:
(1)
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);
(2)
The boundary of the floodway when applicable; and
(3)
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).
A.
Public health standards must be met for all floodplain
development. In addition to the requirements of §§ 171-6
and 171-7, the following standards apply:
(1)
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.
(2)
Public utilities and facilities such as sewer, gas,
and electric shall be located and constructed to minimize or eliminate
flood damage.
(3)
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.
(4)
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.
(5)
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.
B.
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.
A.
No variance shall be granted unless the applicant
demonstrates that all of the following conditions are met:
(1)
The development activity cannot be located outside
the floodplain;
(2)
An exceptional hardship would result if the variance
were not granted;
(3)
The relief requested is the minimum necessary;
(4)
There will be no additional threat to public health
or safety, or creation of a nuisance;
(5)
There will be no additional public expense for flood
protection, rescue or relief operations, policing, or repairs to roads,
utilities, or other public facilities;
(6)
The applicant's circumstances are unique and do not
establish a pattern inconsistent with the intent of the NFIP; and
(7)
All other required state and federal permits have
been obtained.
B.
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:
(1)
Result in increased premium rates for flood insurance
up to $25 per $100 of insurance coverage;
(2)
Increase the risks to life and property; and
(3)
Require that the applicant proceed with knowledge
of these risks and that the applicant acknowledge in writing the assumption
of the risk and liability.
C.
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.
A.
If such owner fails after 10 days' notice to correct
the violation:
(1)
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;
(2)
Any person who violates this chapter shall upon conviction
thereof be fined not less than $50 nor more than $500 or each offense;
and
(3)
A separate offense shall be deemed committed upon
each day during or on which a violation occurs or continues.
B.
The Village
of Williamsville shall record a notice of violation on the title to
the property.
C.
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.
D.
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.
