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:
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.
BUILDING
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.
DEVELOPMENT
A.
Any man-made change to real estate, including
but not necessarily limited to:
(1)
Demolition, construction, reconstruction, repair,
placement of a building, or any structural alteration to a building;
(2)
Substantial improvement of an existing building;
(3)
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;
(4)
Installation of utilities, construction of roads,
bridges, culverts or similar projects;
(5)
Construction or erection of levees, dams, walls,
or fences;
(6)
Drilling, mining, filling, dredging, grading,
excavating, paving, or other alterations of the ground surface;
(7)
Storage of materials including the placement
of gas and liquid storage tanks; and
(8)
Channel modifications or any other activity
that might change the direction, height, or velocity of flood- or
surface waters.
B.
"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.
FEMA
Federal Emergency Management Agency.
FLOOD
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.
FLOODPROOFING
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.
FLOODWAY
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.
IDNR/OWR
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.
NFIP
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.
SFHA
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:
A.
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
B.
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:
A.
Built on a single chassis;
B.
Four hundred square feet or less in size;
C.
Designed to be self-propelled or permanently
towable by a light-duty truck; and
D.
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:
A. Process development permits in accordance with §
171-5.
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.
D. Assure that all subdivisions and annexations meet
the requirements of §
171-8.
E. Ensure that water supply and waste disposal systems
meet the public health standards of §
171-9.
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.
B. Other development activities not listed in Subsection
A may be permitted only if:
(1) A permit has been issued for the work by IDNR/OWR
(or written documentation is provided that an IDNR/OWR permit is not
required); and
(2) Sufficient data has been provided to FEMA when necessary
and approval obtained from FEMA for a revision of the regulatory map
and base flood elevation.
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.