The Village Board of the Incorporated Village
of Lake Grove finds that the potential and/or actual damages from
flooding and erosion may be a problem to the residents of the Village
of Lake Grove and that such damages may include: destruction or loss
of private and public housing, damage to public facilities, both publicly
and privately owned, and injury to and loss of human life. In order
to minimize the threat of such damages and to achieve the purposes
and objectives hereinafter set forth, this chapter is adopted.
It is the purpose of this chapter to promote
the public health, safety, and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
A.
Regulate uses which are dangerous to health, safety
and property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
B.
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction;
C.
Control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved in the
accommodation of flood waters;
D.
Control filling, grading, dredging and other development
which may increase erosion or flood damages;
E.
Regulate the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards
to other lands; and
F.
Qualify for and maintain participation in the National
Flood Insurance Program.
The objectives of this chapter are:
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly
flood control projects;
C.
To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone, sewer lines, streets
and bridges located in areas of special flood hazard;
F.
To help maintain a stable tax base by providing for
the sound use and development of areas of special flood hazard so
as to minimize future flood blight areas;
G.
To provide that developers are notified that property
is in an area of special flood hazard; and
H.
To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the same meaning as they have in common usage and so as to give this
chapter its most reasonable application. As used in this chapter,
the following terms shall have the meanings indicated:
A request for a review of the Local Administrator's interpretation
of any provision of this chapter or a request for a variance.
That portion of a building having its floor subgrade (below
ground level) on all sides.
See "structure."
See "basement."
An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
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 (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is complete before the effective date of
the floodplain management regulations adopted by the community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
The federal agency that administers the National Flood Insurance
Program.
Flood or flooding also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above.
Any land area susceptible to being inundated by water from
any source (see definition of "flood").
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) 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 historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is often the Code Enforcement Officer,
Building Inspector or employee of an engineering department.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including state and
local governments and agencies.
Includes substantial improvement and means the initiation,
excluding planning and design, of any phase of a project, physical
alteration of the property, and shall include land preparation, such
as clearing, grading, and filling; installation of streets and/or
walkways; excavation for a basement, footings, piers, or foundations
or the erection of temporary forms. It also includes the placement
and/or installation on the property of accessory buildings (garages
and sheds), storage trailers, and building materials. For manufactured
homes the actual start means affixing of the manufactured home to
its permanent site.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alteration of a historic structure, provided
that the alteration will not preclude the structure's continued designation
as a historic structure.
A grant of relief by a community from the terms of a floodplain
management regulation.
