This chapter is enacted pursuant to the police
powers granted to this City of Lexington 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 §
75-3 of this chapter.
BASEMENT
That portion of a building having its floor subgrade (below
ground level) on all sides.
BUILDING
A walled and roofed structure that is principally above ground,
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 facility which is critical to the health and welfare
of the population and, if flooded, would create an added dimension
to the disaster. Damage to these critical facilities can impact the
delivery of vital services, can cause greater damage to other sectors
of the community, or can put special populations at risk. Examples
of critical facilities where flood protection should be required include
emergency services facilities (such as fire and police stations),
schools, hospitals, retirement homes and senior care facilities, major
roads and bridges, critical utility sites (telephone switching stations
or electrical transformers), and hazardous material storage facilities
(chemicals, petrochemicals, hazardous or toxic substances).
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 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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed or buildings to be constructed (including, at a
minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations
adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
FEMA
The 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.
FLOOD INSURANCE STUDY
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOODPLAIN and SPECIAL FLOOD HAZARD AREA (SFHA)
These two terms are synonymous. Those lands within the jurisdiction
of the City of Lexington, the extraterritorial jurisdiction of the
City of Lexington, or that may be annexed into the City of Lexington
that are subject to inundation by the base flood. The floodplains
of the City of Lexington are generally identified as such on panel
number(s) 0175E of the countywide Flood Insurance Rate Map of McLean
County, Illinois, prepared by the Federal Emergency Management Agency
and dated July 16, 2008. "Floodplain" also includes those areas of
known flooding as identified by the community. The floodplains of
those parts of unincorporated McLean County that are within the extraterritorial
jurisdiction of the City of Lexington or that may be annexed into
the City of Lexington are generally identified as such on the Flood
Insurance Rate Map prepared for McLean County by the Federal Emergency
Management Agency and dated July 16, 2008.
FLOODPROOFING
Any combination of structural or nonstructural additions,
changes, or adjustments to structures which reduces or eliminates
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 City
of Lexington shall be according to the best data available from federal,
state, or other sources.
FREEBOARD
An increment of elevation added to the base flood elevation
to provide a factor of safety for uncertainties in calculations, future
watershed development, unknown localized conditions, wave actions
and unpredictable effects such as those caused by ice or debris jams.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register
of Historic Places or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual listing on
the National Register.
B.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historic district
or a district preliminarily determined by the Secretary to qualify
as a registered historic district.
C.
Individually listed on the state inventory of
historic places by the Illinois Historic Preservation Agency.
D.
Individually listed on a local inventory of
historic places that has been certified by the Illinois Historic Preservation
Agency.
IDNR/OWR
The Illinois Department of Natural Resources/Office of Water
Resources.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement are, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of §
75-7 of this chapter.
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.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of floodplain management regulations
adopted by a community and includes any subsequent improvements of
such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed or buildings to be constructed (including, at a
minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of the floodplain management
regulations adopted by a community.
NFIP
The National Flood Insurance Program.
RECREATIONAL VEHICLE or TRAVEL-TRAILER
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 designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
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."
START OF CONSTRUCTION
Includes substantial improvement and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement or other improvement
was within 180 days of the permit date. The "actual start" means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns or any work beyond the stage of
excavation or placement of a manufactured home on a foundation. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cumulative percentage of damage subsequent to the adoption of this
chapter equals or exceeds 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.
The term includes repetitive-loss buildings (see definition of "repetitive
loss" above).
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or improvement
of a structure taking place subsequent to the adoption of this chapter
in which the cumulative percentage of improvements equals or exceeds
50% of the market value of the structure before the improvement or
repair is started, or increases the floor area by more than 20%.
A.
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. This term includes structures
which have incurred repetitive loss or substantial damage, regardless
of the actual repair work done.
B.
The term does not include:
(1)
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
(2)
Any alteration of a structure listed on the
National Register of Historic Places or the Illinois Register of Historic
Places.
VIOLATION
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the required federal, state,
and/or local permits and elevation certification is presumed to be
in violation until such time as the documentation is provided.
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 FEMA and IDNR/OWR for approval prior
to any development of the site.
A. The base flood elevation for the floodplains of Turkey
Creek and the Mackinaw River shall be as delineated on the one-hundred-year
flood profiles in the countywide Flood Insurance Study of McLean County
prepared by the Federal Emergency Management Agency and dated February
9, 2001, revised July 16, 2008.
B. The base flood elevation for each of the remaining
floodplains delineated as an "A Zone" on the countywide Flood Insurance
Rate Map of McLean County shall be according to the best data available
from federal, state or local sources. Should no other data exist,
an engineering study must be financed by the applicant to determine
base flood elevations.
C. The base flood elevation for the floodplains of those
parts of unincorporated McLean County that are within the extraterritorial
jurisdiction of the City of Lexington or that may be annexed into
the City of Lexington shall be as delineated on the one-hundred-year
flood profiles in the Flood Insurance Study of McLean County prepared
by the Federal Emergency Management Agency and dated February 9, 2001,
revised July 16, 2008.
The Code Compliance Officer of the City of Lexington
shall be responsible for the general administration of this chapter
and ensure that all development activities within the floodplains
under the jurisdiction of the City of Lexington meet the requirements
of this chapter. Specifically, the Code Compliance Officer shall:
A. Process development permits in accordance with §
75-5;
B. Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of §
75-6;
C. Ensure that the building protection requirements for all buildings subject to §
75-7 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 §
75-8;
E. Ensure that water supply and waste disposal systems meet the public health standards of §
75-9;
F. If a variance is requested, ensure that the requirements of §
75-11 are met and maintain documentation of any variances granted;
G. Inspect all development projects and take any and all penalty actions outlined in §
75-13 as are 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 to ensure compliance with
this chapter and make substantial damage determinations for structures
within the floodplain; and
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 Code Compliance
Officer of the City of Lexington. The Code Compliance Officer 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 §
75-7 of this chapter; and
(5) The cost of the 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 Code Compliance Officer of the City of Lexington shall compare
the elevation of the site to the base flood elevation. Any development
located on land that can be shown by the base flood elevation, including
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 is 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.
(1) The Code Compliance Officer of the City of Lexington
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.
(2) The Code Compliance Officer of the City of Lexington
shall be responsible for obtaining from the applicant copies of all
other federal, state, and local permits, approvals or permit-not-required
letters that may be required for this type of activity. The Code Compliance
Officer shall not issue a permit unless all other federal, state,
and local permits have been obtained.
Within any floodway identified on the countywide
Flood Insurance Rate Map, and within all other floodplains where a
floodway has not been delineated, the following standards shall apply:
A. Except as provided in Subsection
B, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threats to public health and safety. The following specific development activities shall be considered as meeting this requirement:
(1) Bridge and culvert crossings of streams in rural areas
meeting the following conditions of the Illinois Department of Natural
Resources, Office of Water Resources Statewide Permit Number 2:
(a)
The crossing will not result in an increase
in water surface profile elevation in excess of 1.0 foot, and
(b)
The crossing will not result in an increase
in water surface profile elevation in excess of 0.5 foot at a point
1,000 feet upstream of the proposed structure.
(c)
There are no buildings in the area impacted
by the increases in water surface profile.
(d)
The proposed bridge or culvert crossing will
not involve straightening, enlarging, or relocating the existing channel.
(e)
The design must be certified by a licensed professional
engineer in the State of Illinois and the designs must meet the conditions
of an IDNR/OWR permit.
(f)
The design must be certified by a second licensed
professional engineer.
(2) Barge fleeting facilities meeting the following conditions
of IDNR/OWR Statewide Permit Number 3:
(a)
The permit is only applicable when deadmen,
pier cells, or other similar anchorage devices have been permitted
by the United States Army Corps of Engineers.
(3) Aerial utility crossings meeting the following conditions
of IDNR/OWR Statewide Permit Number 4:
(a)
The utility line must be constructed above the
existing one-hundred-year flood elevation or attached to an existing
bridge.
(b)
A utility line attached to an existing bridge
shall be constructed above the low cord elevation of the bridge.
(c)
No supporting towers or poles shall be located
in a river, lake or stream.
(d)
Supporting towers, including foundation and
poles, shall be designed and located so as to not cause an obstruction
of flood flows by trapping debris.
(e)
All disturbed areas shall be returned to preconstruction
grades and revegetated.
(f)
All Illinois Commerce Commission, National Electrical
Safety Code, and federal requirements must be met.
(4) Minor boat docks meeting the following conditions
of IDNR/OWR Statewide Permit Number 5:
(a)
The boat dock must not extend more than 50 feet
into a waterway and no more than 1/4 of the width of the waterway
and shall not extend beyond the navigational limit established by
the IDNR and Corps of Engineers.
(b)
The width of the boat dock shall not be more
than 10 feet.
(c)
For L-shaped or T-shaped docks, the length of
that portion parallel to the shoreline must not exceed 50% of the
landowner's shoreline frontage nor 50 feet.
(d)
Docks must be aligned so as not to cross the
projection of property lines into the waterway or come within 10 feet
of the projected property line.
(e)
Dock posts must be marked by reflective devices.
(f)
The boat dock must be securely anchored to prevent
detachment during times of high wind or water.
(g)
Metal drums or containers may not be used as
buoyancy units unless they are filled with flotation foam. Containers
which previously stored pesticides, herbicides, or any other toxic
chemicals are not permissible.
(h)
This permit does not authorize any other related
construction activity such as shore protection or fill.
(i)
Nonfloating boat docks must be constructed in
a manner which will minimize obstruction to flow.
(j)
At any future date, the permittee must agree
to make necessary modifications to the dock as determined by IDNR
or the Corps of Engineers.
(5) Minor, nonobstructive activities meeting the following
conditions of IDNR/OWR Statewide Permit Number 6. The following activities
(not involving fill or positive change in grade) are covered by this
permit:
(a)
The construction of underground utility lines,
wells, or septic tanks not crossing a lake or stream.
(b)
The construction of light poles, sign posts,
and similar structures.
(c)
The construction of sidewalks, driveways, athletic
fields (excluding fences), patios, and similar structures.
(d)
The construction of properly anchored, unwalled,
open structures such as playground equipment, pavilions, and carports.
(e)
The placement of properly anchored buildings
not exceeding 70 square feet in size, nor 10 square feet in any dimension.
Only one such building on a property is authorized by this statewide
permit.
(f)
The raising of existing buildings, provided
no changes are made to the outside dimensions of the building and
the placement of fill is not involved.
(6) Outfall structures and drainage ditch outlets meeting
the following conditions of IDNR/OWR Statewide Permit Number 7:
(a)
No outfall structure, including any headwall
or end-section, shall extend riverward or lakeward of the existing
adjacent natural bank slope or adjacent bank protection.
(b)
The velocity of the discharge shall not exceed
the scour velocity of the channel soil, unless channel erosion would
be prevented by the use of riprap or other design measures.
(c)
Outlets from drainage ditches shall not be opened
to a stream until the ditch is vegetated or otherwise stabilized to
minimize stream sedimentation.
(d)
Disturbance of streamside vegetation shall be
kept to a minimum during construction to prevent erosion and sedimentation.
All disturbed floodway areas, including the stream banks, shall be
restored to their original contours and seeded or otherwise stabilized
upon completion of construction.
(7) Underground pipeline and utility crossings meeting
the conditions of IDNR/OWR Statewide Permit Number 8:
(a)
In all cases, the crossing shall be placed beneath
the bed of the river, lake or stream and, unless the crossing is encased
in concrete or entrenched in bedrock, a minimum of three feet of cover
shall be provided. The river, lake or stream bed shall be returned
to its original condition.
(b)
Disturbance of streamside vegetation shall be
kept to a minimum during construction to prevent erosion and sedimentation.
All disturbed floodway areas, including stream banks, shall be restored
to their original contours and seeded or otherwise stabilized upon
completion of construction.
(c)
Any utility crossing carrying material which
may cause water pollution, as defined by the Environmental Protection
Act (415 ILCS 5), shall be provided with shut-off valves on each side
of the body of water to be crossed.
(d)
If blasting is to be utilized in the construction
of the crossing, the permittee shall notify the IDNR/OWR at least
10 days prior to the blasting date to allow monitoring of any related
fish kills.
(8) Bank stabilization projects meeting the conditions
of IDNR/OWR Statewide Permit Number 9:
(a)
Only the following materials may be utilized
in urban areas: stone and concrete riprap, steel sheet piling, cellular
blocks, fabric-formed concrete, gabion baskets, rock and wire mattresses,
sand-/cement-filled bags, geotechnical fabric materials, natural vegetation
and treated timber. "Urban areas" are defined as areas of the state
where residential, commercial, or industrial development currently
exists or, based on land use plans or controls, is expected to occur
within 10 years. (The Department should be consulted if there is a
question of whether or not an area is considered urban.)
(b)
In addition to the materials listed in Subsection
A(8)(a), other materials (e.g., tire revetments) may be utilized in rural areas, provided all other conditions of this permit are met.
(c)
The following materials shall not be used in
any case: auto bodies, garbage or debris, scrap lumber, metal refuse,
roofing materials, asphalt or other bituminous materials, or any material
which would cause water pollution as defined by the Environmental
Protection Act (415 ILCS 5).
(d)
The affected length of shoreline, stream bank,
or channel to be protected shall not exceed, either singularly or
cumulatively, 1,000 feet.
(e)
All material utilized shall be properly sized
or anchored to resist anticipated forces of current and wave action.
(f)
Materials shall be placed in a way which would
not cause erosion or the accumulation of debris on properties adjacent
to or opposite the project.
(g)
Materials shall not be placed higher than the
existing top of the bank.
(h)
Materials shall be placed so that the modified
bank full-width and cross-sectional area of the channel will conform
to or be no more restrictive than that of the natural channel upstream
and downstream of the site. For projects involving continuous placement
of riprap along the bank, toe of the bank or other similar applications,
in no case shall the cross-sectional area of the natural channel be
reduced by more than 10% nor the volume of material placed exceed
two cubic yards per lineal foot of the stream bank or shoreline. The
bank may be graded to obtain a flatter slope and to lessen the quantity
of material required.
(i)
If broken concrete is used, all protruding materials
such as reinforcing rods shall be cut flush with the surface of the
concrete and removed from the construction area.
(j)
Disturbance of vegetation shall be kept to a
minimum during construction to prevent erosion and sedimentation.
All disturbed areas shall be seeded or otherwise stabilized upon completion
of construction.
(k)
In the case of seawalls and gabion structures
on lakes, the structure shall be constructed at or landward of the
water line as determined by the normal pool elevation, unless:
[1]
It is constructed in alignment with an existing
seawall(s) or gabion structure(s); and
[2]
The volume of material placed, including the
structure, would not exceed two cubic yards per lineal foot.
(l)
Excess material excavated during the construction
of the bank or shoreline protection shall be placed in accordance
with local, state, and federal laws and rules, shall not be placed
in a floodway.
(9) Accessory structures and additions to existing residential
buildings meeting the conditions of IDNR/OWR Statewide Permit Number
10:
(a)
The accessory structure or building addition
must comply with the requirements of the local floodplain ordinance.
(b)
The principal structure to which the project
is being added must have been in existence on the effective date of
this permit (July 25, 1988).
(c)
The accessory structure or addition must not
exceed 500 square feet in size and must not deflect floodwaters onto
another property, and must not involve the placement of any fill material.
(d)
No construction shall be undertaken in or within
50 feet of the bank of the stream channel.
(e)
The accessory structure or addition must be
properly anchored to prevent its movement during flood conditions.
(f)
Only one accessory structure or addition to
an existing structure shall be authorized by this permit; plans for
any subsequent addition must be submitted to IDNR/OWR for review.
(g)
Disturbances of vegetation shall be kept to
a minimum during construction to prevent erosion and sedimentation.
All disturbed floodway areas shall be seeded or otherwise stabilized
upon completion of construction.
(10) Minor maintenance dredging activities meeting the
following conditions of IDNR/OWR Statewide Permit Number 11:
(a)
The affected length of the stream shall not
either singularly or cumulatively exceed 1,000 feet.
(b)
The project shall not include the construction
of any new channel; all work must be confined to the existing channel
or to reestablishing flows in the natural stream channel.
(c)
The cross-sectional area of the dredged channel
shall conform to that of the natural channel upstream and downstream
of the site.
(d)
Dredged or spoil material shall not be disposed
of in a wetland and shall be either:
[1]
Removed from the floodway;
[2]
Used to stabilize an existing bank, provided
no materials would be placed higher than the existing top of bank
and provided the cross-sectional area of the natural channel would
not be reduced by more than 10%, nor the volume of material placed
exceed two cubic yards per lineal foot of streambank;
[3]
Used to fill an existing washed-out or scoured
floodplain area such that the average natural floodplain elevation
is not increased;
[4]
Used to stabilize an existing levee, provided
the height of the levee would not be increased nor its alignment changed;
[5]
Placed in a disposal site previously approved
by the Department in accordance with the conditions of the approval;
or
[6]
Used for beach nourishment, provided the material
meets all applicable water quality standards.
(e)
Disturbance of streamside vegetation shall be
kept to a minimum during construction to prevent erosion and sedimentation.
All disturbed floodway areas, including the stream banks, shall be
seeded or otherwise stabilized upon completion of construction.
(11) Bridge and culvert replacement structures and bridge
widening meeting the following conditions of IDNR/OWR Statewide Permit
Number 12:
(a)
A licensed professional engineer shall determine
and document that the existing structure has not been the cause of
demonstrable flood damage. Such documentation shall include, at a
minimum, confirmation that:
[1]
No buildings or structures have been impacted
by the backwater induced by the existing structure; and
[2]
There is no record of complaints of flood damages
associated with the existing structure.
(b)
A licensed professional engineer shall determine
that the new structure will provide the same or greater effective
waterway opening as the existing structure. For bridge widening projects,
the existing piers and the proposed pier extensions must be in line
with the direction of the approaching flow upstream of the bridge.
(c)
The project shall not include any appreciable
raising of the approach roads. (This condition does not apply if all
points on the approaches exist at an elevation equal to or higher
than the one-hundred-year frequency flood headwater elevation as determined
by a FEMA Flood Insurance Study completed or approved by IDNR/OWR.)
(d)
The project shall not involve the straightening,
enlargement or relocation of the existing channel of the river or
stream except as permitted by the Department's Statewide Permit Number
9 (Minor Shoreline, Channel and Streambank Protection Activities)
or Statewide Permit Number 11 (Minor Maintenance Dredging Activities).
(e)
The permittee shall maintain records of projects
authorized by this permit necessary to document compliance with the
above conditions.
(12) Temporary construction activities meeting the following
conditions of IDNR/OWR Statewide Permit Number 13:
(a)
No temporary construction activity shall be
commenced until the individual permittee determines that the permanent
structure (if any) for which the work is being performed has received
all required federal, state and local authorizations.
(b)
The term "temporary" shall mean not more than
one construction season. All temporary construction materials must
be removed from the stream and floodway within one year of their placement
and the area returned to the conditions existing prior to the beginning
of construction. No desired subsequent or repetitive material placement
shall occur without the review and approval of IDNR/OWR.
(c)
The temporary project shall be constructed such
that it will not cause erosion or damage due to increases in water
surface profiles to adjacent properties. For locations where there
are structures in the upstream floodplain, the temporary project shall
be constructed such that all water surface profile increases, due
to the temporary project, are contained within the channel banks.
(d)
This permit does not authorize the placement
or construction of any solid embankment or wall such as a dam, roadway,
levee, or dike across any channel or floodway.
(e)
No temporary structure shall be placed within
any river or stream channel until a licensed professional engineer
determines and documents that the temporary structure will meet the
requirements of Special Condition Number 3 of this statewide permit.
Such documentation shall include, at a minimum, confirmation that
no buildings or structures will be impacted by the backwater induced
by the temporary structure.
(f)
The permittee shall maintain records of projects
authorized by this permit necessary to document compliance with the
above conditions.
(g)
Disturbance of vegetation shall be kept to a
minimum during construction to prevent erosion and sedimentation.
All disturbed areas shall be seeded or otherwise stabilized upon completion
of the removal of the temporary construction.
(h)
Materials used for the project shall not cause
water pollution as defined by the Environmental Protection Act (415
ILCS 5).
(13) Any development determined by IDNR/OWR to be located
entirely within a flood fringe area shall be exempt from state floodway
permit requirements.
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); or
(2) Sufficient data has been provided to FEMA when necessary,
and approval has been 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
City of Lexington 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 Zoning Board of Appeals for a variance. The Zoning Board
of Appeals shall review the applicant's request for a variance and
shall submit its recommendation to the City Council. The City Council
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,
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 state and federal permits have been obtained.
B. The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protections standards of §
75-7 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 risk 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 §
75-7 of this chapter which are requested in connection with reconstruction, repair, or alteration of an historic site or historic structure as defined in the definition of "historic structure" in §
75-2 may be granted using criteria more permissive than the requirements of §§
75-6 and
75-7 of this chapter, subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary
to preserve the historic character and design of the structure.
(2) The repair or rehabilitation will not result in the
structure being removed as a certified historic structure.
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
City of Lexington 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 Code Compliance Officer may determine that
a violation of the minimum standards of this chapter exists. The Code
Compliance Officer shall notify the owner in writing of such violation.
A. If such owner fails, after 10 days' notice, to correct
the violation:
(1) The City of Lexington 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 this chapter;
(2) Any person who violates this chapter shall, upon conviction
thereof, be fined not less than $50 nor more than $750 for each offense;
(3) A separate offense shall be deemed committed upon
each day during or on which a violation occurs or continues; and
(4) The City of Lexington shall record a notice of violation
on the title of the property.
B. The Code Compliance Officer 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. The Code Compliance Officer is authorized
to issue an order requiring the suspension of the subject development.
The stop-work order shall be in writing, indicate the reason for the
issuance, and shall order the action, if necessary, to resolve the
circumstances requiring the stop-work order. The stop-work order constitutes
a suspension of the permit.
(1) No site development permit shall be permanently suspended
or revoked until a hearing is held by the Zoning Board of Appeals.
Written notice of such hearing shall be served on the permittee and
shall state:
(a)
The grounds for the complaint, reasons for suspension
or revocation; and
(b)
The time and place of the hearing.
(2) At such hearing, the permittee shall be given an opportunity
to present evidence on his/her behalf. At the conclusion of the hearing,
the Zoning Board of Appeals shall determine whether the permit shall
be suspended or revoked.
C. Nothing herein shall prevent the City of Lexington
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 Lexington City Council to fulfill the requirements
of the National Flood Insurance Program. 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 and other ordinance easements, covenants or deed
restrictions conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.