[Ord. 08-07-01-50, 7-7-2008]
This chapter is enacted pursuant to the police powers granted
to this City of Le Roy by the Illinois Municipal Code[1] 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.
[1]
Editor's Note: See 65 ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2,
5/11-30-8 and 5/11-31-2.
[Ord. 08-07-01-50, 7-7-2008]
For the purposes of this chapter, the following definitions
are adopted:
The flood having a 1% probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood. The base flood elevation at any location is as defined in Section 10-12-3 of this chapter.
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
tank, that is principally aboveground, including manufactured homes,
prefabricated buildings and gas or liquid storage tanks. This 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.
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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).
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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 of 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.
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"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.
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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).
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.
The elevation of the base flood plus one foot of freeboard
at any given location in the floodplain.
These Two Terms Are Synonymous. Those lands within the jurisdiction
of the City of Le Roy, the extraterritorial jurisdiction of the City
of Le Roy or that may be annexed into the City of Le Roy, that are
subject to inundation by the base flood. The floodplains of the City
of Le Roy are generally identified as such on panel numbers 750 and
775 of the countywide flood insurance rate map of McLean prepared
by the federal emergency management agency and dated July 16, 2008.
Floodplain also includes those areas of known flooding as identified
by the community.
The floodplains of those parts of unincorporated McLean County
that are within the extraterritorial jurisdiction of the City of Le
Roy or that may be annexed into the City of Le Roy are generally identified
as such on the flood insurance rate map prepared for McLean County
by the federal emergency management agency and dated July 16, 2008.
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.
That portion of the floodplain required to store and convey
the base flood. The floodways for each of the floodplains of the City
of Le Roy 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.
Illinois department of natural resources, office of water
resources.
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 Section 10-12-7 of this chapter.
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
on 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.
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 definition of Floodplain And Special Flood Hazard Area
(SFHA).
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.
See definition of 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. This term includes
"repetitive loss buildings" (see definition of Repetitive Loss).
Any reconstruction, rehabilitation, addition or improvement
of a structure taking place during the life of the building in which
the cumulative percentage of improvements:
"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.
This 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.
[Ord. 08-07-01-50, 7-7-2008]
This chapter's protection standard is the base flood. The best
available base flood data are listed below. Whenever a party disagrees
with the best available data, the party shall finance the detailed
engineering study needed to replace the existing data with better
data and submit it to FEMA and IDNR/OWR for approval prior to any
development of the site.
A.
The base flood elevation for the floodplains of Salt Creek and its
tributaries shall be as delineated on the 100-year flood profiles
in the countywide flood insurance study of McLean County prepared
by the federal emergency management agency and dated July 16, 2008.
B.
The base flood elevation for each of the remaining floodplains delineated
as an "A zone" on the countywide flood insurance rate map of McLean
County shall be according to the best data available from federal,
state or other sources. Should no other data exist, an engineering
study must be financed by the applicant to determine base flood elevations.
C.
The base flood elevation for the floodplains of those parts of unincorporated
McLean County that are within the extraterritorial jurisdiction of
the City of Le Roy, or that may be annexed into the City of Le Roy,
shall be as delineated on the 100-year flood profiles in the flood
insurance study of McLean County prepared by the federal emergency
management agency and dated July 16, 2008.
[Ord. 08-07-01-50, 7-7-2008]
The code compliance officer 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 Le Roy
meet the requirements of this chapter. Specifically, the code compliance
officer shall:
B.
Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of Section 10-12-6 of this chapter;
C.
Ensure that the building protection requirements for all buildings subject to Section 10-12-7 of this chapter 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 Section 10-12-8 of this chapter;
E.
Ensure that water supply and waste disposal systems meet the public health standards of Section 10-12-9 of this chapter;
F.
If a variance is requested, ensure that the requirements of Section 10-12-11 of this chapter are met and maintain documentation of any variances granted;
G.
Inspect all development projects and take any and all penalty actions outlined in Section 10-12-13 of this chapter 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.
[Ord. 08-07-01-50, 7-7-2008]
No person, firm, corporation, or governmental body not exempted
by law shall commence any development in the floodplain without first
obtaining a development permit from the code compliance officer. The
code compliance officer shall not issue a development permit if the
proposed development does not meet the requirements of this chapter:
A.
The application for development permit shall be accompanied by:
1.
Drawings of the site, drawn to scale, showing property line dimensions;
2.
Existing grade elevations and all changes in grade resulting from
excavation or filling;
3.
The location and dimensions of all buildings and additions to buildings;
4.
The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 10-12-7 of this chapter; and
5.
Cost of projection or improvements as estimated by a licensed engineer
or architect. A signed estimate by a contractor may also meet this
requirement.
B.
Upon receipt of an application for a development permit, the code
compliance officer shall compare the elevation of the site to the
base flood elevation. 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. Conversely, any development located
on land shown to be below the base flood elevation and hydraulically
connected, but not shown on the current flood insurance rate map,
is subject to the provisions of this chapter.
The code compliance officer 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.
The code compliance officer shall be responsible for obtaining
from the applicant copies of all other federal, state, and local permits,
approvals or permit not required letters that may be required for
this type of activity. The code compliance officer shall not issue
a permit unless all other federal, state, and local permits have been
obtained.
[Ord. 08-07-01-50, 7-7-2008]
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 of this section, 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
following conditions of the Illinois department of natural resources,
office of water resources statewide permit 2:
a.
The crossing will not result in an increase in water surface profile
elevation in excess of 1.0 foot, and
b.
The crossing will not result in an increase in water surface profile
elevation in excess of one-half foot at a point 1,000 feet upstream
of the proposed structure.
c.
There are no buildings in the area impacted by the increases in water
surface profile.
d.
The proposed bridge or culvert crossing will not involve straightening,
enlarging, or relocating the existing channel.
e.
The design must be certified by a licensed professional engineer
in the state of Illinois and the designs must meet the conditions
of an IDNR/OWR permit.
f.
The design must be certified by a second licensed professional engineer.
2.
Barge fleeting facilities meeting the following conditions of IDNR/OWR
statewide permit 3:
a.
The permit is only applicable when deadmen, pier cells, or other
similar anchorage devices have been permitted by the U.S. army corps
of engineers.
3.
Aerial utility crossings meeting the following conditions of IDNR/OWR
statewide permit 4:
a.
The utility line must be constructed above the existing 100-year
flood elevation or attached to an existing bridge.
b.
A utility line attached to an existing bridge shall be constructed
above the low cord elevation of the bridge.
c.
No supporting towers or poles shall be located in a river, lake or
stream.
d.
Supporting towers, including foundation and poles, shall be designed
and located so as to not cause an obstruction of flood flows by trapping
debris.
e.
All disturbed areas shall be returned to preconstruction grades and
revegetated.
f.
All Illinois commerce commission, national electrical safety code,
and federal requirements must be met.
4.
Minor boat docks meeting the following conditions of IDNR/OWR statewide
permit 5:
a.
The boat dock must not extend more than 50 feet into a waterway and
no more than one-fourth of the width of the waterway and shall not
extend beyond the navigational limits established by the IDNR/OWR
and corps of engineers.
b.
The width of the boat dock shall not be more than 10 feet.
c.
For L-shaped or T-shaped docks, the length of that portion parallel
to the shoreline must not exceed 50% of the landowner's shoreline
frontage nor 50 feet.
d.
Docks must be aligned so as not to cross the projection of property
lines into the waterway or come within 10 feet of the projected property
line.
e.
Dock posts must be marked by reflective devices.
f.
The boat dock must be securely anchored to prevent detachment during
times of high wind or water.
g.
Metal drums or containers may not be used as buoyancy units unless
they are filled with flotation foam. Containers which previously stored
pesticides, herbicides, or any other toxic chemicals are not permissible.
h.
This permit does not authorize any other related construction activity
such as shore protection or fill.
i.
Nonfloating boat docks must be constructed in a manner which will
minimize obstruction to flow.
j.
At any future date, the permittee must agree to make necessary modifications
to the dock as determined by the IDNR/OWR or corps of engineers.
5.
Minor, nonobstructive activities meeting the following conditions
of IDNR/OWR statewide permit 6:
a.
The following activities (not involving fill or positive change in
grade) are covered by this permit:
(1)
The construction of underground utility lines, wells, or septic
tanks not crossing a lake or stream.
(2)
The construction of light poles, signposts, and similar structures.
(3)
The construction of sidewalks, driveways, athletic fields (excluding
fences), patios, and similar structures.
(4)
The construction of properly anchored, unwalled, open structures
such as playground equipment, pavilions, and carports.
(5)
The placement of properly anchored buildings not exceeding 70
square feet in size, nor 10 square feet in any dimension. Only one
such building on a property is authorized by this statewide permit.
(6)
The raising of existing buildings, provided no changes are made
to the outside dimensions of the building and the placement of fill
is not involved.
6.
Outfall structures and drainage ditch outlets meeting the following
conditions of IDNR/OWR statewide permit 7:
a.
Any outfall structure, including any head wall or end section, shall
not extend riverward or lakeward of the existing adjacent natural
bank slope or adjacent bank protection.
b.
The velocity of the discharge shall not exceed the scour velocity
of the channel soil, unless channel erosion would be prevented by
the use of riprap or other design measures.
c.
Outlets from drainage ditches shall not be opened to a stream until
the ditch is vegetated or otherwise stabilized to minimize stream
sedimentation.
d.
Disturbance of streamside vegetation shall be kept to a minimum during
construction to prevent erosion and sedimentation. All disturbed floodway
areas, including the stream banks, shall be restored to their original
contours and seeded or otherwise stabilized upon completion of construction.
7.
Underground pipeline and utility crossings meeting the conditions
of IDNR/OWR statewide permit 8:
a.
In all cases, the crossing shall be placed beneath the bed of the
river, lake or stream and, unless the crossing is encased in concrete
or entrenched in bedrock, a minimum of three feet of cover shall be
provided. The river, lake or stream bed shall be returned to its original
condition.
b.
Disturbance of streamside vegetation shall be kept to a minimum during
construction to prevent erosion and sedimentation. All disturbed floodway
areas, including stream banks, shall be restored to their original
contours and seeded or otherwise stabilized upon completion of construction.
d.
If blasting is to be utilized in the construction of the crossing,
the permittee shall notify the IDNR/OWR at least 10 days prior to
the blasting date to allow monitoring of any related fish kills.
8.
Bank stabilization projects meeting the conditions of IDNR/OWR statewide
permit 9:
a.
Only the following materials may be utilized in urban areas: stone
and concrete riprap, steel sheet piling, cellular blocks, fabric formed
concrete, gabion baskets, rock and wire mattresses, sand/cement filled
bags, geotechnical fabric materials, natural vegetation and treated
timber. "Urban areas" are defined as areas of the state where residential,
commercial, or industrial development currently exists or, based on
land use plans or controls, is expected to occur within 10 years.
(The department should be consulted if there is a question of whether
or not an area is considered urban.)
b.
In addition to the materials listed in Subsection A8a of this section,
other materials (e.g., tire revetments) may be utilized in rural areas,
provided all other conditions of this permit are met.
c.
The following materials shall not be used in any case: auto bodies,
garbage or debris, scrap lumber, metal refuse, roofing materials,
asphalt or other bituminous materials, or any material which would
cause water pollution as defined by the environmental protection act.[2]
[2]
Editor's Note: See 415 ILCS 5.
d.
The affected length of shoreline, stream bank, or channel to be protected
shall not exceed, either singularly or cumulatively, 1,000 feet.
e.
All material utilized shall be properly sized or anchored to resist
anticipated forces of current and wave action.
f.
Materials shall be placed in a way which would not cause erosion
or the accumulation of debris on properties adjacent to or opposite
the project.
g.
Materials shall not be placed higher than the existing top of the
bank.
h.
Materials shall be placed so that the modified bank full width and
cross sectional area of the channel will conform to or be no more
restrictive than that of the natural channel upstream and downstream
of the site.
For projects involving continuous placement of riprap along
the bank, toe of the bank or other similar applications, in no case
shall the cross sectional area of the natural channel be reduced by
more than 10% nor the volume of material placed exceed two cubic yards
per linear foot of the stream bank or shoreline. The bank may be graded
to obtain a flatter slope and to lessen the quantity of material required.
i.
If broken concrete is used, all protruding materials such as reinforcing
rods shall be cut flush with the surface of the concrete and removed
from the construction area.
j.
Disturbance of vegetation shall be kept to a minimum during construction
to prevent erosion and sedimentation. All disturbed areas shall be
seeded or otherwise stabilized upon completion of construction.
k.
In the case of sea walls and gabion structures on lakes, the structure
shall be constructed at or landward of the water line as determined
by the normal pool elevation, unless:
l.
Excess material excavated during the construction of the bank or
shoreline protection shall be placed in accordance with local, state,
and federal laws and rules, and shall not be placed in a floodway.
9.
Accessory structures and additions to existing residential buildings
meeting the conditions of IDNR/OWR statewide permit 10:
a.
The accessory structure or building addition must comply with the
requirements of the local floodplain ordinance.
b.
The principal structure to which the project is being added must
have been in existence on the effective date of this permit (July
25, 1988).
c.
The accessory structure or addition must not exceed 500 square feet
in size and must not deflect floodwaters onto another property, and
d.
Must not involve the placement of any fill material.
e.
No construction shall be undertaken in, or within 50 feet of the
bank of, the stream channel.
f.
The accessory structure or addition must be properly anchored to
prevent its movement during flood conditions.
g.
Only one accessory structure or addition to an existing structure
shall be authorized by this permit; plans for any subsequent addition
must be submitted to IDNR/OWR for review.
h.
Disturbances of vegetation shall be kept to a minimum during construction
to prevent erosion and sedimentation. All disturbed floodway areas
shall be seeded or otherwise stabilized upon completion of construction.
10.
Minor maintenance dredging activities meeting the following conditions
of IDNR/OWR statewide permit 11:
a.
The affected length of the stream shall not either singularly
or cumulatively exceed 1,000 feet.
b.
The project shall not include the construction of any new channel;
all work must be confined to the existing channel or to reestablishing
flows in the natural stream channel, and
c.
The cross sectional area of the dredged channel shall conform
to that of the natural channel upstream and downstream of the site.
d.
Dredged or spoil material shall not be disposed of in a wetland
and shall be either:
(1)
Removed from the floodway;
(2)
Used to stabilize an existing bank provided no materials would
be placed higher than the existing top of bank and provided the cross
sectional area of the natural channel would not be reduced by more
than 10%, nor the volume of material placed exceed two cubic yards
per linear foot of stream bank;
(3)
Used to fill an existing washed out or scoured floodplain area
such that the average natural floodplain elevation is not increased;
(4)
Used to stabilize an existing levee, provided the height of
the levee would not be increased nor its alignment changed;
(5)
Placed in a disposal site previously approved by the department
in accordance with the conditions of the approval; or
(6)
Used for beach nourishment, provided the material meets all
applicable water quality standards.
e.
Disturbance of streamside vegetation shall be kept to a minimum
during construction to prevent erosion and sedimentation. All disturbed
floodway areas, including the stream banks, shall be seeded or otherwise
stabilized upon completion of construction.
11.
Bridge and culvert replacement structures and bridge widening meeting
the following conditions of IDNR/OWR statewide permit 12:
a.
A licensed professional engineer shall determine and document
that the existing structure has not been the cause of demonstrable
flood damage. Such documentation shall include, at a minimum, confirmation
that:
b.
A licensed professional engineer shall determine that the new
structure will provide the same or greater effective waterway opening
as the existing structure. For bridge widening projects the existing
piers and the proposed pier extensions must be in line with the direction
of the approaching flow upstream of the bridge.
c.
The project shall not include any appreciable raising of the
approach roads. (This condition does not apply if all points on the
approaches exist at an elevation equal to or higher than the 100-year
frequency flood headwater elevation as determined by a FEMA flood
insurance study completed or approved by IDNR/OWR.)
d.
The project shall not involve the straightening, enlargement
or relocation of the existing channel of the river or stream except
as permitted by the department's statewide permit 9 (minor shoreline,
channel and stream bank protection activities) or statewide permit
11 (minor maintenance dredging activities).
e.
The permittee shall maintain records of projects authorized
by this permit necessary to document compliance with the above conditions.
12.
Temporary construction activities meeting the following conditions
of IDNR/OWR statewide permit 13:
a.
No temporary construction activity shall be commenced until
the individual permittee determines that the permanent structure (if
any) for which the work is being performed has received all required
federal, state and local authorizations.
b.
The term "temporary" shall mean not more than one construction
season. All temporary construction materials must be removed from
the stream and floodway within one year of their placement and the
area returned to the conditions existing prior to the beginning of
construction. Any desired subsequent or repetitive material placement
shall not occur without the review and approval of the IDNR/OWR.
c.
The temporary project shall be constructed such that it will
not cause erosion or damage due to increases in water surface profiles
to adjacent properties. For locations where there are structures in
the upstream floodplain, the temporary project shall be constructed
such that all water surface profile increases, due to the temporary
project, are contained within the channel banks.
d.
This permit does not authorize the placement or construction
of any solid embankment or wall such as a dam, roadway, levee, or
dike across any channel or floodway.
e.
No temporary structure shall be placed within any river or stream
channel until a licensed professional engineer determines and documents
that the temporary structure will meet the requirements of special
condition 3 of this statewide permit. Such documentation shall include,
at a minimum, confirmation that no buildings or structures will be
impacted by the backwater induced by the temporary structure.
f.
The permittee shall maintain records of projects authorized
by this permit necessary to document compliance with the above condition.
g.
Disturbance of vegetation shall be kept to a minimum during
construction to prevent erosion and sedimentation. All disturbed areas
shall be seeded or otherwise stabilized upon completion of the removal
of the temporary construction.
13.
Any development determined by IDNR/OWR to be located entirely within
a flood fringe area shall be exempt from state floodway permit requirements.
[Ord. 08-07-01-50, 7-7-2008]
A.
In addition to the damage prevention requirements of Section 10-12-6 of this chapter, all buildings to be 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. If 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.
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, and
e.
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, 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, and
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, or
(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 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, and
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:
1.
Elevated to or above the flood protection elevation in accordance with Subsection B of this section, and
2.
Anchored to resist flotation, collapse, or lateral movement by being
tied down in accordance with the rules and regulations for the Illinois
mobile home tie down act issued pursuant to 77 Illinois administrative
code Section 870.
E.
Travel trailers and recreational vehicles on site for more than 180 days per year shall meet the elevation requirements of Subsection D of this section 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 of the floodplain,
8.
Propane tanks as well as electrical and sewage connections must be
quick disconnect and above the 100-year flood elevation,
9.
The vehicle must be licensed and titled as a recreational vehicle
or park model, and
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 $10,000 in market value or replacement
cost whichever is greater or less than 500 square 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.
[Ord. 08-07-01-50, 7-7-2008]
The Le Roy City Council 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 Sections 10-12-6 and 10-12-7 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.[1]
|
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.
|
[1]
Editor's Note: See 765 ILCS 205/2.
[Ord. 08-07-01-50, 7-7-2008]
A.
Public health standards must be met for all floodplain development. In addition to the requirements of Sections 10-12-6 and 10-12-7 of this chapter 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 floodproofed building constructed according to the requirements of Section 10-12-7 of this chapter.
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 500-year
flood frequency elevation or three feet above the level of the 100-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.
[Ord. 08-07-01-50, 7-7-2008]
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 Le Roy shall notify adjacent communities
in writing 30 days prior to the issuance of a permit for the alteration
or relocation of the watercourse.
[Ord. 08-07-01-50, 7-7-2008]
Whenever the standards of this chapter place undue hardship
on a specific development proposal, the applicant may apply to the
zoning board of appeals for a variance. The zoning board of appeals
shall review the applicant's request for a variance and shall submit
its recommendation to the Le Roy City Council. The Le Roy City Council
may attach such conditions to granting of a variance as it deems necessary
to further the intent of this chapter.
A.
No variance shall be granted unless the applicant demonstrates that
all of the following conditions are meet:
1.
The development activity cannot be located outside the floodplain,
2.
An exceptional hardship would result if the variance were not granted,
3.
The relief requested is the minimum necessary,
4.
There will be no additional threat to public health, safety or creation
of a nuisance,
5.
There will be no additional public expense for flood protection,
rescue or relief operations, policing, or repairs to roads, utilities,
or other public facilities,
6.
The applicant's circumstances are unique and do not establish a pattern
inconsistent with the intent of the NFIP, and
7.
All other state and federal permits have been obtained.
B.
The zoning board of appeals shall notify an applicant in writing that a variance from the requirements of the building protection standards of Section 10-12-7 of this chapter that would lessen the degree of protection to a building will:
1.
Result in increased premium rates for flood insurance up to $25 per
$100 of insurance coverage;
2.
Increase the risk to life and property; and
3.
Require that the applicant proceed with knowledge of these risks
and that the applicant acknowledge in writing the assumption of the
risk and liability.
C.
Variances to the building protection requirements of Section 10-12-7 of this chapter which are requested in connection with reconstruction, repair, or alteration of a historic site or "historic structure", as defined herein, may be granted using criteria more permissive than the requirements of Sections 10-12-6 and 10-12-7 of this chapter subject to the conditions that:
[Ord. 08-07-01-50, 7-7-2008]
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
Le Roy or any officer or employee thereof for any flood damage that
results from proper reliance on this chapter or any administrative
decision made lawfully hereunder.
[Ord. 08-07-01-50, 7-7-2008]
Failure to obtain a permit for development in the floodplain
or failure to comply with the conditions of a permit or a variance
shall be deemed to be a violation of this chapter. Upon due investigation,
the code compliance officer may determine that a violation of the
minimum standards of this chapter exists. The code compliance officer
shall notify the owner in writing of such violation.
A.
If such owner fails after 10 days' notice to correct the violation:
1.
The City of Le Roy shall make application to the circuit court for
an injunction requiring conformance with this chapter or make such
other order as the court deems necessary to secure compliance with
this chapter,
2.
Any person who violates this chapter shall upon conviction thereof
be fined not less than $50 nor more than $750 for each offense,
3.
A separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues, and
4.
The City of Le Roy shall record a notice of violation on the title
of the property.
B.
The code compliance officer shall inform the owner that any such
violation is considered a wilful act to increase flood damages and
therefore may cause coverage by a standard flood insurance policy
to be suspended.
The code compliance officer is authorized to issue an order
requiring the suspension of the subject development. The stop work
order shall be in writing, indicate the reason for the issuance, and
shall order the action, if necessary, to resolve the circumstances
requiring the stop work order. The stop work order constitutes a suspension
of the permit.
No site development permit shall be permanently suspended or
revoked until a hearing is held by the zoning board of appeals. Written
notice of such hearing shall be served on the permittee and shall
state:
1.
The grounds for the complaint, reasons for suspension or revocation,
and
2.
The time and place of the hearing.
|
At such hearing the permittee shall be given an opportunity
to present evidence on their behalf. At the conclusion of the hearing,
the zoning board of appeals shall determine whether the permit shall
be suspended or revoked.
|
C.
Nothing herein shall prevent the City of Le Roy from taking such
other lawful action to prevent or remedy any violations. All costs
connected therewith shall accrue to the person or persons responsible.
[Ord. 08-07-01-50, 7-7-2008]
This chapter repeals and replaces other ordinances adopted by
the Le Roy City Council to fulfill the requirements of the national
flood insurance program including the January 15, 2001, floodplain
ordinance 01-01-01-90. 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.
