Definitions. For the purposes of this section, 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 Subsection
C of this section.
BASEMENT
That portion of a building having its floor subgrade (below
ground level) on all sides.
BUILDING
A walled and roofed structure, including gas or liquid storage
tank, 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
(1)
Any man-made change to real estate, including,
but not necessarily limited to:
(a)
Demolition, construction, reconstruction, repair,
placement of a building, or any structural alteration to a building;
(b)
Substantial improvement of an existing building;
(c)
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;
(d)
Installation of utilities, construction of roads,
bridges, culverts or similar projects;
(e)
Construction or erection of levees, dams, walls
or fences;
(f)
Drilling, mining, filling, dredging, grading,
excavating, paving, or other alterations of the ground surface;
(g)
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.
(2)
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 County that are subject to inundation by the base flood. The
floodplains of the Big Slough, Brooks Creek, Buck Creek, Burlison
Creek, Corn Valley Creek, Denman Creek, Eastbrook Drain, Funks Branch,
Henline Creek, Kickapoo Creek, King Mill Creek, Kings Mill Creek,
Little Crooked Creek, Little Kickapoo Creek, Little Mackinaw River,
Lone Tree Creek, Loving Branch, Mackinaw River, Middle Branch Eastbrook
Drain, Middle Fork Sugar Creek, Money Creek, Mud Creek, North Fork
Salt Creek, Prairie Creek, Rock Creek, Salt Creek, Sangamon River,
Short Point Creek, Six Mile Creek, Sugar Creek, Timber Creek, Turkey
Creek, West Branch Easterbrook Drain, West Fork Sugar Creek are generally
identified on the Countywide Flood Insurance Rate Map of McLean County
prepared by the Federal Emergency Management Agency and dated July
16, 2008. "Floodplain" also includes those areas of known flooding
as identified by the County.
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 floodway for the floodplains of a portion of Little
Kickapoo Creek, a portion of Sugar Creek, a portion of Goose Creek,
Skunk Creek, and the West Branch of Sugar Creek and the Brookridge
Branch of Little Kickapoo Creek shall be as delineated on the Countywide
Flood Insurance Rate Map of McLean County prepared by FEMA and dated
July 16, 2008. The floodways for each of the remaining floodplains
of McLean County 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:
(1)
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.
(2)
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.
(3)
Individually listed on the state inventory of
historic places by the Illinois Historic Preservation Agency.
(4)
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 area, 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 Subsection
G of this section.
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
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:
(1)
Built on a single chassis.
(2)
Four hundred square feet or less in size.
(3)
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 construction
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.
[Amended 2-17-2015]
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 buildings subject to "repetitive loss" (see definition).
[Amended 2-17-2015]
SUBSTANTIAL IMPROVEMENT
(1)
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:
(a)
Equals or exceeds 50% of the market value of
the structure before the improvement or repair is started; or
(b)
Increases the floor area by more than 20%.
(2)
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. The term does not include:
(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.
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.