[Added 3-8-1988 by Ord. No. 88-03-120; amended 4-12-1988 by Ord. No.
88-04-122; 10-8-1996 by Ord. No. 96-10-218; 12-12-2001 by Ord. No.
01-10-259; 10-13-2010 by Ord. No. 10-10-1752; 8-10-2011 by Res. No. 11-08-1821; 1-15-2015 by Ord. No. 15-01-1249]
This article is enacted pursuant to the police powers granted
to Stephenson County by the County statutory authority in 55 ILCS
5/5-1041 and 5/5-1063 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 article, 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 § 400-103 of this article.
The elevation in relation to mean sea level of the crest
of the base flood.
That portion of a building having its floor subgrade (below
ground level) on all sides.
A walled and roofed structure, including gas or liquid storage
tanks, 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.
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).
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 filing, grading, or construction
of levees.
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.
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).
The 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.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
These two terms are synonymous. Those lands within the jurisdiction
of the County that is subject to inundation by the base flood. The
floodplains of the County are generally identified on the Countywide
Flood Insurance Rate Map of Stephenson County prepared by the Federal
Emergency Management Agency and dated March 16, 2015. "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 floodway for the floodplains of the Pecatonica
River, Yellow Creek, Richland Creek, Rock Run Creek and Brown Creek
shall be as delineated on the Countywide Flood Insurance Rate Map
of Stephenson County prepared by FEMA and dated March 16, 2015. The
floodways for each of the remaining floodplains of Stephenson County
shall be according to the best data available from federal, state,
or other sources.
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.
Any structure that is:
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.
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.
Individually listed on the state inventory of historic places
by the Illinois Historic Preservation Agency.
Individually listed on a local inventory of historic places
that has been certified by the Illinois Historic Preservation Agency.
The Illinois Department of Natural Resources/Office of Water
Resources.
The Illinois Department of Natural Resources/Office of Water Resources has jurisdiction over any stream serving a tributary area of 640 acres or more in an urban area, or in the floodway of any stream serving a tributary area of 6,400 acres or more in a rural area. Construction on these streams requires a permit from the Department. (17 Ill Admin. Code 3700.30). The Department may grant approval for specific types of activities by issuance of a statewide permit which meets the standards defined in § 400-106 of this article.
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 § 400-107 of this article.
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.
A parcel (or contiguous parcels) of land divided into two
or more lots for rent or sale.
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.
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.
The National Flood Insurance Program.
A vehicle which is:
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 the definition of "floodplain."
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, "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.
See "building."
Damage of any origin sustained by a structure whereby the
cumulative percentage of damage during the life of the building 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).
Any reconstruction, rehabilitation, addition or improvement
of a structure taking place during the life of the building 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%.
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:
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.
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 article'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 the Pecatonica River,
Yellow Creek, Richland Creek, Rock Run Creek, Indian Creek and Brown
Creek shall be as delineated on the one-hundred-year flood profiles
in the Countywide Flood Insurance Study of Stephenson County prepared
by the Federal Emergency Management Agency and March 16, 2015.
B.
The base flood elevation for each floodplain delineated as an AH
Zone or AO Zone shall be that elevation (or depth) delineated on the
Countywide Flood Insurance Rate Map of Stephenson County.
C.
The base flood elevation for each of the remaining floodplains delineated
as an A Zone on the Countywide Flood Insurance Rate Map of Stephenson
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.
The Director of Building and Zoning shall be responsible for
the general administration of this article and ensure that all development
activities within the floodplains under the jurisdiction of Stephenson
County meet the requirements of this article. 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 § 400-106;
C.
Ensure that the building protection requirements for all buildings subject to § 400-107 are met and maintain a record of the "as-built" elevation of the lowest floor (including basement) or floodproof certificate;
E.
Ensure that water supply and waste disposal systems meet the public health standards of § 400-109;
F.
If a variance is requested, ensure that the requirements of § 400-111 are met and maintain documentation of any variances granted;
G.
Inspect all development projects and take any and all penalty actions outlined in § 400-113 as a necessary to ensure compliance with this article;
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
article;
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 article;
M.
Perform site inspections to ensure compliance with this article 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 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 article.
A.
The application for a 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 § 400-107 of this article; 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 Director
of Building and Zoning shall compare the elevation of the site to
the base flood elevation. Any development located on land that is
shown by survey elevation to be below the current base flood elevation
is subject to the provisions of this article. In addition, any development
located on land shown to be below the base flood elevation and hydraulically
connected to a flood source, but not identified as floodplain on the
current Flood Insurance Rate Map, is subject to the provisions of
this article. 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 provisions of this article.
(1)
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.
(2)
The Director of Building and Zoning 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 Director of Building and Zoning
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 threat 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 conditions of the Illinois Department of Natural Resources, Office
of Water Resources Statewide Permit Number 2;
(2)
Barge fleeting facilities meeting the conditions of IDNR/OWR
Statewide Permit Number 3;
(3)
Aerial utility crossings meeting the conditions of IDNR/OWR
Statewide Permit Number 4;
(4)
Minor boat docks meeting the conditions of IDNR/OWR Statewide
Permit Number 5;
(5)
Minor, nonobstructive activities such as underground utility
lines, light poles, sign posts, driveways, athletic fields, patios,
playground equipment, minor storage buildings not exceeding 70 square
feet and raising buildings on the same footprint which does not involve
fill and any other activity meeting the conditions of IDNR/OWR Statewide
Permit Number 6;
(6)
Outfall structures and drainage ditch outlets meeting the conditions
of IDNR/OWR Statewide Permit Number 7;
(7)
Underground pipeline and utility crossings meeting the conditions
of IDNR/OWR Statewide Permit Number 8;
(8)
Bank stabilization projects meeting the conditions of IDNR/OWR
Statewide Permit Number 9;
(9)
Accessory structures and additions to existing residential buildings
meeting the conditions of IDNR/OWR Statewide Permit Number 10;
(10)
Minor maintenance dredging activities meeting the conditions
of IDNR/OWR Statewide Permit Number 11;
(11)
Bridge and culvert replacement structures and bridge widening
meeting the conditions of IDNR/OWR Statewide Permit Number 12;
(12)
Temporary construction activities meeting the conditions of
IDNR/OWR Statewide Permit Number 13;
(13)
Any development determined by IDNR/OWR to be located entirely
within a flood fringe area shall be exempt from State Floodway permit
requirements.
A.
In addition to the state permit and damage prevention requirements of § 400-106 of this article, 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:
(1)
Construction or placement of a new building or alteration or
addition to an existing building valued at more than $1,000 or 70
square feet.
(2)
Substantial improvements or structural alterations made to an
existing building that increase the floor area by more than 20% or
equal or exceed the market value by 50%. Alteration shall be figured
cumulatively during the life of the building substantially improved,
the existing structure and the addition must meet the flood protection
standards of this section.
(3)
Repairs made to a substantially damaged building. These repairs
shall be figured cumulatively during the life of the building. If
substantially damaged, the entire structure must meet the flood protection
standards of this section within 24 months of the date the damage
occurred.
(4)
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.)
(5)
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 incorporated
debris or refuse material.
(e)
It 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.
(2)
The building may be elevated on solid walls in accordance with
the following:
(a)
The building or improvements shall be elevated on stilts, piles,
walls, a crawl space, 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 licensed professional engineer or by having a minimum of one permanent
opening on each wall no more than one foot above grade with a minimum
of two openings. 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.
[1]
All structural components below the flood protection elevation
shall be constructed of materials resistant to flood damage.
[2]
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.
[3]
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.
[4]
In lieu of the above criteria, the design methods to comply
with these requirements may be certified by a licensed professional
engineer or architect.
(3)
The building may be constructed with a crawl space located below
the flood protection elevation, provided that the following conditions
are met:
(a)
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.
(b)
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. The openings shall be no more
than one foot above grade.
(c)
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.
(d)
The interior height of the crawl space measured from the interior
grade of the crawl space to the top of the foundation wall must not
exceed four feet at any point.
(e)
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.
(f)
Portions of the building below the flood protection elevation
must be constructed with materials resistant to flood damage.
(g)
Utility systems within the crawl space must be elevated above
the flood protection elevation.
C.
Nonresidential buildings may be structurally dry floodproofed (in
lieu of elevation), provided a licensed professional engineer or architect
certifies that:
(1)
Below the flood protection elevation the structure and attendant
utility facilities are watertight and capable of resisting the effects
of the base flood.
(2)
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.
(3)
Floodproofing measures will be incorporated into the building
design and operable without human intervention and without an outside
source of electricity.
(4)
Levees, berms, floodwalls and similar works are not considered
floodproofing for the purpose of this subsection.
D.
Manufactured homes or travel trailers to be permanently installed
on site shall be:
E.
Travel trailers and recreational vehicles on site for more than 180 days per year shall meet the elevation requirements of Subsection D unless the following conditions are met:
(1)
The vehicle must be either self-propelled or towable by a light-duty
truck.
(2)
The hitch must remain on the vehicle at all times.
(3)
The vehicle must not be attached to external structures such
as decks and porches,
(4)
The vehicle must be designed solely for recreation, camping,
travel, or seasonal use rather than as a permanent dwelling.
(5)
The vehicle's largest horizontal projections must be no larger
than 400 square feet.
(6)
The vehicle's wheels must remain on axles and inflated.
(7)
Air-conditioning units must be attached to the frame so as to
be safe for movement out of the floodplain.
(8)
Propane tanks as well as electrical and sewage connections must
be quick-disconnect.
(9)
The vehicle must be licensed and titled as a recreational vehicle
or park model and must either:
F.
Garages, sheds or other minor accessory structures constructed ancillary
to an existing residential use may be permitted, provided the following
conditions are met:
(1)
The garage or shed must be nonhabitable.
(2)
The garage or shed must be used only for the storage of vehicles
and tools and cannot be modified later into another use.
(3)
The garage or shed must be located outside of the floodway or
have the appropriate state and/or federal permits.
(4)
The garage or shed must be on a single-family lot and be accessory
to an existing principal structure on the same lot.
(5)
Below the base flood elevation, the garage or shed must be built
of materials not susceptible to flood damage.
(6)
All utilities, plumbing, heating, air conditioning and electrical
must be elevated above the flood protection elevation.
(7)
The garage or shed must have at least one permanent opening
on each wall not more than one foot above grade with one square inch
of opening for every one square foot of floor area.
(8)
The garage or shed must be less than $15,000 in market value
or replacement cost, whichever is greater, or less than 576 square
feet (24 feet by 24 feet).
(9)
The structure shall be anchored to resist flotation and overturning.
(10)
All flammable or toxic materials (gasoline, paint, insecticides,
fertilizers, etc.) shall be stored above the flood protection elevation.
(11)
The lowest floor elevation should be documented and the owner
advised of the flood insurance implications.
A.
The Stephenson County Board shall take into account 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 protections standards of §§ 400-106 and 400-107 of this article. 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 licensed 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).
C.
Streets, blocks, lots, parks and other public grounds shall be located
and laid out in such a manner as to preserve and utilize natural streams
and channels. Wherever possible the floodplains shall be included
within parks or other public grounds.
A.
Public health standards must be met for all floodplain development. In addition to the requirements of §§ 400-106 and 400-107 of this article, 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 § 400-107 of this article.
(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)
Construction of new or substantially improved critical facilities
shall be located outside the limits of the floodplain. Construction
of new critical facilities shall be permissible within the floodplain
if no feasible alternative site is available. Critical facilities
constructed within the SFHA shall have the lowest floor (including
basement) elevated or structurally dry floodproofed to the five-hundred-year
flood frequency elevation or three feet above the level of the one-hundred-year
flood frequency elevation, whichever is greater. Floodproofing and
sealing measures must be taken to ensure that toxic substances will
not be displaced by or released into floodwaters. Access routes elevated
to or above the level of the base flood elevation shall be provided
to all critical facilities.
B.
All other activities defined as "development" shall be designed so
as not to alter flood flows or increase potential flood damages.
A.
For all projects involving channel modification, fill, or stream
maintenance (including levees), the flood-carrying capacity of the
watercourse shall be maintained.
B.
In addition, Stephenson County 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 article 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 Stephenson County Board. The Stephenson
County Board may attach such conditions to granting of a variance
as it deems necessary to further the intent of this article.
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.
(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 protection standards of § 400-107 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.
Historic structures.
(1)
Variances to the building protection requirements of § 400-107 of this article which are requested in connection with reconstruction, repair, or alteration of an historic site or historic structure as defined in "historic structure," may be granted using criteria more permissive than the requirements of §§ 400-106 and 400-107 of this article, subject to the conditions that:
D.
Agriculture. Any variance granted for an agricultural structure shall
be decided individually based on a case-by-case analysis of the building's
unique circumstances. Variances granted shall meet the following conditions
as well as those criteria and conditions set forth in this article.
In order to minimize flood damages during the one-hundred-year flood
and the threat to public health and safety, the following conditions
shall be included for any variance issued for agricultural structures
that are constructed at-grade and wet-floodproofed.
(1)
All agricultural structures considered for a variance from the
floodplain management regulations of this article shall demonstrate
that the varied structure is located in wide, expansive floodplain
areas and no other alternate location outside of the special flood
hazard area exists for the agricultural structure. Residential structures
or animal confinement facilities, such as farmhouses, cannot be considered
agricultural structures.
(2)
Use of the varied structures must be limited to agricultural
purposes in Zone A only as identified on the community's Flood Insurance
Rate Map (FIRM).
(3)
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with § 400-107 of this article.
(4)
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with § 400-107 of this article. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
(5)
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that it is contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 400-107 of this article.
(6)
The NFIP requires that enclosure or foundation walls, subject to the one-hundred-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with § 400-107B this article.
(7)
The agricultural structures must comply with the floodplain management floodway provisions of § 400-106 this article. No variances may be issued for agricultural structures within any designated floodway.
(8)
Wet-floodproofing construction techniques must be reviewed and
approved by the floodplain administrator and a registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.
The degree of protection required by this article 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 article does not imply that development either inside
or outside of the floodplain will be free from flooding or damage.
This article does not create liability on the part of Stephenson County
or any officer or employee thereof for any flood damage that results
from proper reliance on this article 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 article. Upon due investigation,
the Director of Building and Zoning may determine that a violation
of the minimum standards of this article exists. The Director of Building
and Zoning shall notify the owner in writing of such violation.
A.
If such owner fails after 10 days' notice to correct the violation:
(1)
The Stephenson County Board shall make application to the circuit
court for an injunction requiring conformance with this article or
make such other order as the court deems necessary to secure compliance
with the ordinance.
(2)
Any person who violates this article 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.
(4)
The Stephenson County Board shall record a notice of violation
on the title of the property.
B.
The Director of Building and Zoning 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.
C.
The Director of Building and Zoning 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.
D.
No site development permit shall be permanently suspended or revoked
until a hearing is held by the Zoning Board of Appeals.
E.
Nothing herein shall prevent the Stephenson County Board 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 article repeals and replaces other ordinances adopted by
the Stephenson County Board to fulfill the requirements of the National
Flood Insurance Program including the ordinance adopted on March 3,
2011. However, this article does not repeal the original resolution
or ordinance adopted to achieve eligibility in the program; nor does
this article repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. Where this article and other ordinance easements,
covenants or deed restrictions conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
The provisions and sections of this article shall be deemed
separable and the invalidity of any portion of this article shall
not affect the validity of the remainder.
This article shall be in full force and effect from and after
its passage, approval, and publication as required by law.
