This chapter is enacted pursuant to the police powers granted
to this Village by the Illinois Municipal Code (65 ILCS 5/1-2-1, 5/11-12-12,
5/11-30-2, 5/11-30-8, and 5/11-31-2) in order to accomplish the following
purposes:
A. To prevent unwise developments from increasing flood or drainage
hazards to others;
B. To protect new buildings and major improvements to buildings from
flood damage;
C. To promote and protect the public health, safety, and general welfare
of the citizens from the hazards of flooding;
D. To lessen the burden on the taxpayer for flood control, repairs to
public facilities and utilities, and flood rescue and relief operations;
E. To maintain property values and a stable tax base by minimizing the
potential for creating blight areas;
F. To make federally subsidized flood insurance available; and
G. To preserve the natural characteristics and functions of watercourses
and floodplains in order to moderate flood and stormwater impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian
habitat, provide recreational opportunities, provide aesthetic benefits
and enhance community and economic development.
For the purposes of this chapter, the following definitions
are adopted:
ADMINISTRATOR
The Mayor or some person appointed by him to execute this
chapter.
BASE FLOOD
The flood having a 1% 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 §
200-3 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, including a 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
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
(8)
Channel modifications or any other activity that might change
the direction, height, or velocity of flood or surface waters.
B.
"Development" does not include routine maintenance of existing
buildings and facilities; resurfacing roads; or gardening, plowing,
and similar practices that do not involve filling, grading, or construction
of levees.
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 Village, the extraterritorial
jurisdiction of the Village, or that may be annexed into the Village,
that are subject to inundation by the base flood. The floodplains
of the Village are generally identified as such on the panel number(s)
0360 and 0375 of the countywide Flood Insurance Rate Map of Vermilion
prepared by the Federal Emergency Management Agency and dated May
16, 2012. "Floodplain" also includes those areas of known flooding
as identified by the community.
B.
The floodplains of those parts of unincorporated Vermilion County
that are within the extraterritorial jurisdiction of the Village or
that may be annexed into the Village are generally identified as such
on the Flood Insurance Rate Map prepared for Vermilion County by the
Federal Emergency Management Agency and dated May 16, 2012.
FLOODPROOFING
Any combination of structural or nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate, property and their contents.
FLOODPROOFING CERTIFICATE
A form published by the Federal Emergency Management Agency
that is used to certify that a building has been designed and constructed
to be structurally dry floodproofed to the flood protection elevation.
FLOODWAY
That portion of the floodplain required to store and convey
the base flood. The floodways for each of the floodplains of the Village
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
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 §
200-6 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 §
200-7 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.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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:
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. This, 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.
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).
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. The 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 Federal Emergency Management Agency and
IDNR/OWR for approval prior to any development of the site.
A. The base flood elevation for each of the floodplains delineated as
an "A Zone" on the countywide Flood Insurance Rate Map of Vermilion
shall be according to the best data available from federal, state
or other sources. Should no other data exist, an engineering study
must be financed by the applicant to determine base flood elevations.
B. The base flood elevation for the floodplains of those parts of unincorporated
Vermilion County that are within the extraterritorial jurisdiction
of the Village, or that may be annexed into the Village, shall be
as delineated on the one-hundred-year flood profiles in the Flood
Insurance Study of Vermilion County prepared by the Federal Emergency
Management Agency and dated May 16, 2012.
The administrator shall be responsible for the general administration
of this chapter and ensure that all development activities within
the floodplains under the jurisdiction of the Village meet the requirements
of this chapter. Specifically, the administrator shall:
A. Process development permits in accordance with §
200-5;
B. Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of §
200-6;
C. Ensure that the building protection requirements for all buildings subject to §
200-7 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 §
200-8;
E. Ensure that water supply and waste disposal systems meet the public health standards of §
200-9;
F. If a variance is requested, ensure that the requirements of §
200-11 are met and maintain documentation of any variances granted;
G. Inspect all development projects and take any and all penalty actions outlined in §
200-13 as necessary to ensure compliance with this chapter;
H. Assure that applicants are aware of and obtain any and all other
required local, state, and federal permits;
I. Notify IDNR/OWR and any neighboring communities prior to any alteration
or relocation of a watercourse;
J. Provide information and assistance to citizens upon request about
permit procedures and floodplain construction techniques;
K. Cooperate with state and federal floodplain management agencies to
coordinate base flood data and to improve the administration of this
chapter;
L. Maintain for public inspection base flood data, floodplain maps,
copies of state and federal permits, and documentation of compliance
for development activities subject to this chapter;
M. Perform site inspections 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 administrator. The administrator
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 basements) of all proposed buildings subject to the requirements of §
200-7 of this chapter; and
(5) Cost of project or improvements as estimated by a licensed engineer
or architect. A signed estimate by a contractor may also meet this
requirement.
B. Upon receipt of an application for development permit, the administrator
shall compare the elevation of the site to the base flood elevation.
Any development located on land that can be shown by survey elevation
to be below the base flood elevation shall be subject to the requirements
for development in the floodplain. Any development located on land
that can be shown by survey data to be higher than the current base
flood elevation and which has not been filled after the date of the
site's first Flood Insurance Rate Map is not in the floodplain and
therefore not subject to the requirements of this chapter. 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 chapter.
(1) The administrator 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 administrator 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 administrator shall not issue a permit unless all other
federal, state, and local permits have been obtained.
(See 615 ILCS 5/5 through 29a)
Within the 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 No. 3;
(3) Aerial utility crossings meeting the conditions of IDNR/OWR Statewide
Permit No. 4;
(4) Minor boat docks meeting the conditions of IDNR/OWR Statewide Permit
No. 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 No. 6;
(6) Outfall structures and drainage ditch outlets meeting the following
conditions of IDNR/OWR Statewide Permit No. 7;
(7) Underground pipeline and utility crossings meeting the conditions
of IDNR/OWR Statewide Permit No. 8;
(8) Bank stabilization projects meeting the conditions of IDNR/OWR Statewide
Permit No. 9;
(9) Accessory structures and additions to existing residential buildings
meeting the conditions of IDNR/OWR Statewide Permit No. 10;
(10)
Minor maintenance dredging activities meeting the following
conditions of IDNR/OWR Statewide Permit No. 11;
(11)
Bridge and culvert replacement structures and bridge widening
meeting the following conditions of IDNR/OWR Statewide Permit No.
12;
(12)
Temporary construction activities meeting the following conditions
of IDNR/OWR Statewide Permit No. 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
obtained from FEMA for a revision of the regulatory map and base flood
elevation.
The Village 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 protection standards of §
200-6 and §
200-7 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 available; 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.
Whenever the standards of this chapter place undue hardship
on a specific development proposal, the applicant may apply to the
appointed Board of Appeals for a variance. The appointed Board of
Appeals shall review the applicant's request for a variance and shall
submit its recommendation to the Village. The Village 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 appointed Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protection standards of §
200-7 would lessen the degree of protection to a building and 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. Variances to the building protection requirement of §
200-7 of this chapter which are requested in connection with reconstruction, repair, or alteration of an historic site or historic structure as defined in "historic structure" (§
200-2) may be granted using criteria more permissive than the requirements of §
200-6 and §
200-7 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.
D. Agriculture.
(1) 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 chapter.
(2) 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.
(a)
All agricultural structures considered for a variance from the
floodplain management regulations of this chapter 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 farm houses, cannot be considered
agricultural structures.
(b)
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).
(c)
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 §
200-7 of this chapter.
(d)
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with §
200-7 of this chapter. 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.
(e)
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with §
200-7 of this chapter.
(f)
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 §
200-7B of this chapter.
(g)
The agricultural structures must comply with the floodplain management floodway provisions of §
200-6 of this chapter. No variances may be issued for agricultural structures within any designated floodway.
(h)
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 chapter is considered
reasonable for regulatory purposes and is based on available information
derived from engineering and scientific methods of study. Larger floods
may occur or flood heights may be increased by man-made or natural
causes. This chapter does not imply that development either inside
or outside of the floodplain will be free from flooding or damage.
This chapter does not create liability on the part of the Village
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 Mayor may determine that a violation of the minimum standards
of this chapter exists. The Mayor shall notify the owner in writing
of such violation.
A. If such owner fails, after 10 days' notice, to correct the violation:
(1) The Village 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.
(4) The Village shall record a notice of violation on the title to the
property.
B. The Mayor 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.
(1) The Mayor 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.
(2) No site development permit shall be permanently suspended or revoked
until a hearing is held by the 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.
(3) At such hearing, the permittee shall be given an opportunity to present
evidence on their behalf. At the conclusion of the hearing, the Board
of Appeals shall determine whether the permit shall be suspended or
revoked.
C. Nothing herein shall prevent the Village 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 Village to fulfill the requirements of the National Flood Insurance
Program, including Ordinance No. 98-1306, adopted August 11, 1998.
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.
The provisions and sections of this chapter shall be deemed
severable and the invalidity of any portion of this chapter shall
not affect the validity of the remainder.