This chapter is enacted pursuant to the police powers granted
to this City of Mendota 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.
As used in this chapter, the following terms shall have the
meanings indicated:
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 §
166-3 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
A.
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.
B.
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.
A.
Those lands within the jurisdiction of the City of Mendota,
the extraterritorial jurisdiction of the City of Mendota, or that
may be annexed into the City of Mendota that are subject to inundation
by the base flood. The floodplains of the City of Mendota are generally
identified as such on panel number(s) 167,175 and 180 of the countywide
Flood Insurance Rate Map of LaSalle County prepared by the Federal
Emergency Management Agency and dated May 19, 2014. "Floodplain" also
includes those areas of known flooding as identified by the community.
B.
The floodplains of those parts of unincorporated LaSalle County
that are within the extraterritorial jurisdiction of the City of Mendota
or that may be annexed into the City of Mendota are generally identified
as such on the Flood Insurance Rate Map prepared for LaSalle County
by the Federal Emergency Management Agency and dated May 19, 2014.
FLOODPROOFING
Any combination of structural or nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate, property and their contents.
FLOODPROOFING CERTIFICATE
A form published by the Federal Emergency Management Agency
that is used to certify that a building has been designed and constructed
to be structurally dry floodproofed to the flood protection elevation.
FLOODWAY
That portion of the floodplain required to store and convey
the base flood. The floodway for the floodplains of First Creek, First
Creek Tributary and Mendota Creek shall be as delineated on the countywide
Flood Insurance Rate Map of LaSalle County prepared by FEMA and dated
May 19, 2014. The floodways for each of the remaining floodplains
of the City of Mendota 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.
IDNR/OWR JURISDICTIONAL STREAM
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 §
166-6 of this chapter.
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 §
166-7 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.
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").
SUBSTANTIAL IMPROVEMENT
A.
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:
(1)
Equals or exceeds 50% of the market value of the structure before
the improvement or repair is started; or
(2)
Increases the floor area by more than 20%.
B.
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.
C.
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 the FEMA and IDNR/OWR for approval prior
to any development of the site.
A. The base flood elevation for the floodplains of First Creek, First
Creek Tributary and Mendota Creek shall be as delineated on the one-hundred-year
flood profiles in the countywide Flood Insurance Study of LaSalle
County prepared by the Federal Emergency Management Agency and dated
May 19, 2014.
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 LaSalle 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 LaSalle
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.
D. The base flood elevation for the floodplains of those parts of unincorporated
LaSalle County that are within the extraterritorial jurisdiction of
the City of Mendota, or that may be annexed into the City of Mendota,
shall be as delineated on the one-hundred-year flood profiles in the
Flood Insurance Study of LaSalle County prepared by the Federal Emergency
Management Agency and dated May 19, 2014.
The Building Inspector 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 Mendota
meet the requirements of this chapter. Specifically, the Building
Inspector shall:
A. Process development permits in accordance with §
166-5;
B. Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of §
166-6;
C. Ensure that the building protection requirements for all buildings subject to §
166-7 are met and maintain a record of the "as-built" elevation of the lowest floor (including basement) or floodproofing certificate;
D. Assure that all subdivisions and annexations meet the requirements of §
166-8;
E. Ensure that water supply and waste disposal systems meet the public health standards of §
166-9;
F. If a variance is requested, ensure that the requirements of §
166-11 are met and maintain documentation of any variances granted;
G. Inspect all development projects and take any and all penalty actions outlined in §
166-13 as a 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.
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 following 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 following
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 following
conditions of IDNR/OWR Statewide Permit Number 11.
(11)
Bridge and culvert replacement structures and bridge widening
meeting the following conditions of IDNR/OWR Statewide Permit Number
12.
(12)
Temporary construction activities meeting the following 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.
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.
The City of Mendota shall take into account hazards, to the
extent that they are known, in all official actions related to land
management use and development.
A. 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 §§
166-6 and
166-7 of this chapter. Any proposal for such development shall include the following data:
(1) The base flood elevation and the boundary of the floodplain; where
the base flood elevation is not available from an existing study,
the applicant shall be responsible for calculating the base flood
elevation;
(2) The boundary of the floodway when applicable; and
(3) A signed statement by a 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).
B. 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.
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 Mendota
shall notify adjacent communities in writing 30 days prior to the
issuance of a permit for the alteration or relocation of the watercourse.
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
Mendota 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 Building Inspector, Mayor or City Attorney may determine that
a violation of the minimum standards of this chapter exists. The Building
Inspector, Mayor or City Attorney shall notify the owner in writing
of such violation.
A. If such owner fails, after 10 days' notice, to correct the violation,
the City of Mendota 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.
(1) Any person who violates this chapter shall, upon conviction thereof, be fined as set forth in Chapter
1, Article
III, Penalties and Enforcement, of the City Code.
(2) The City of Mendota shall record a notice of violation on the title
of the property.
B. The Building Inspector, Mayor or City Attorney shall inform the owner
that any such violation is considered a willful act to increase flood
damages and therefore may cause coverage by a standard flood insurance
policy to be suspended.
C. The Building Inspector, Mayor or City Attorney 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 Building Inspector.
(1) 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 its behalf. At the conclusion of the hearing, the Building
Inspector shall determine whether the permit shall be suspended or
revoked.
E. Nothing herein shall prevent the City of Mendota 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 City Council of the City of Mendota to fulfill the requirements
of the National Flood Insurance Program, including Ord. No. 07-05-11A.
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 ordinances, easements,
covenants or deed restrictions conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.