2007-008ORDINANCE NO. 2007 - 8
AN ORDINANCE AMENDING THE FLOODPLAIN ORDINANCE
WHEREAS, in order to participate in the National Flood Insurance Program (NFIP), the
Village needs to amend its floodplain regulations in conformance with the Flood Insurance Study
(FIS) and Flood Insurance Rate Map (FIRM).
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1: Title 18 of the Buffalo Grove Municipal Code is amended to read as follows:
Title 18
FLOODPLAIN REGULATIONS
Chapters:
18.02 General Provisions
18.04 Definitions
18.06 How to Use this Title
18.08 Duties of the Enforcement Official
18.10 Base Flood Elevation
18.12 Occupation and Use of Flood Fringe Areas
18.14 Occupation and Use of Designated Floodways
18.16 Occupation and Use of Special Flood Hazard Areas
Where Floodways Are Not Identified
18.18 Permitting Requirements Applicable to All Floodplain
Areas and Protection of Buildings
18.20 Other Development Requirements
18.22 Variances
18.24 Penalty
Chapter 18.02
GENERAL PROVISIONS
Sections:
18.02.010
Purpose
18.02.020
Scope
18.02.030
Compliance with other applicable regulations required
Section 18.02.010 Purpose - The Ordinance codified in this Title is enacted pursuant to the
police powers granted to the Village by 65 ILCS 5/1 -2 -1, 5/11- 12 -12, 5/11 -30 -2, 5/11 -30 -8, and
5/11 -31 -2. The purpose of this Title is to maintain the Village's eligibility in the National Flood
Insurance Program; to minimize potential losses due to periodic flooding including loss of life, loss
of property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base,
all of which adversely affect the public health, safety and general welfare; and to preserve and
enhance the quality of surface waters, conserve economic and natural values and provide for the
wise utilization of water and related land resources. This Title is adopted in order to accomplish
the following specific purposes:
A. To meet the requirements of 615 ILCS 5/18(g) Rivers, Lakes and Streams Act;
B. To assure that new development does not increase the flood or drainage hazards to others,
or creating unstable conditions susceptible to erosion;
C. To protect new buildings and major improvements to buildings from flood damage;
D. To protect human life and health from the hazards of flooding;
E. To lessen the burden on the taxpayer for flood control projects, repairs to flood- damaged
public facilities and utilities, and flood rescue and relief operations; and
F. To make federally subsidized flood insurance available for property in the Village by fulfilling
the requirements of the National Flood Insurance Program;
G. To comply with the rules and regulations of the National Flood Insurance Program codified as
44 CFR 59 -79, as amended;
H. To protect, conserve, and promote the orderly development of land and water resources; and
I. To preserve the natural characteristics and functions of water courses 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.
Section 18.02.020 Scope - This Title is intended to supplement the Buffalo Grove Zoning
Ordinance, Development Ordinance, Building Code, and Stormwater and Detention Ordinance
and further regulate and restrict the subdivision, layout and improvement of land, including
drainage, underground utilities and service facilities; the excavating, filling and grading of lots and
other parcels and Special Flood Hazard Areas (SFHA), and storing of certain materials thereon,
stream and other floodwater runoff channels, and detention ponds and basins; and the location,
construction and elevation of buildings and other structures and parts and appurtenances thereof,
and the drainage of parking and other paved lots and areas. In the event there is any conflict
between the provisions of this Title and any other Village ordinance, the more restrictive provision
or provisions shall be applicable.
Section 18.02.030 Compliance with other applicable regulations required - Before starting any of
the works or uses regulated by this Title, an applicant shall comply with requirements set forth in
all other applicable ordinances and regulations with respect to submission and approval of
preliminary and final subdivision plats, improvement plans, building and zoning permits,
inspections, appeals and similar matters, along with those set forth in this Title as required by
Federal or State statutes and regulations of any departments of the State.
Chapter 18.04
DEFINITIONS
Sections:
18.04.010
Accessory structure
18.04.020
Act
18.04.030
Applicant
18.04.040
Appropriate use
18.04.050
Base flood
18.04.060
Base flood elevation (BFE)
18.04.070
Basement
18.04.080
Building
18.04.090
Channel
18.04.100
Channel modification
18.04.110
Compensatory storage
18.04.120
Conditional approval of a designated floodway map change
18.04.130
Conditional letter of map revision (CLOMR)
18.04.140
Control structure
18.04.150
Critical facility
18.04.160
Dam
18.04.170
Designated floodway
18.04.180
Development
18.04.190
Elevation certificates
18.04.200
Erosion
18.04.210
Exempt organizations
18.04.220
Existing manufactured home park or subdivision
18.04.230
Expansion to an existing manufactured home park or subdivision
18.04.240
FEMA
18.04.250
Flood
18.04.260
Flood frequency
18.04.270
Flood fringe
18.04.280
Flood Insurance Rate Maps (FIRM)
18.04.290
Flood Insurance Study
18.04.300
Floodplain
18.04.310
Floodproofing
18.04.320
Floodproofing certificate
18.04.330
Flood protection elevation (FPE)
18.04.340
F000dway
18.04.350
Historic structure
18.04.360
Hydrologic and hydraulic calculations
18.04.370
IDNR/OW R
18.04.380
Letter of map amendment (LOMA)
18.04.390
Letter of map revision (LOMR)
18.04.400
Lowest floor
18.04.410
Manufactured home
18.04.420
Manufactured home park or subdivision
18.04.430
Mitigation
18.04.440
New construction
18.04.450
New manufactured home park or subdivision
18.04.460
NAVD 88
18.04.470
Natural
18.04.475
NGVD
18.04.480
Ordinary high water mark (OHWM)
18.04.490
Public flood control project
18.04.500
Public bodies of water
18.04.510
Recreational vehicle or travel trailer
18.04.520
Regional permits
18.04.530
Registered land surveyor
18.04.540
Registered professional engineer
18.04.550
Repair, remodeling or maintenance
18.04.560
Repetitive loss
18.04.570
Retention /detention facility
18.04.580
Riverine SFHA
18.04.590
Runoff
18.04.600
Sedimentation
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18.04.610
Special flood hazard area (SFHA)
18.04.620
Start of construction
18.04.630
Statewide permits
18.04.640
Structure
18.04.650
Substantial damage
18.04.660
Substantial improvement
18.04.670
Transition section
18.04.680
Violation
For the purposes of this Title, the following definitions are adopted:
Section 18.04.010 Accessory structure — A non - habitable structure which is on the same parcel
of property as the principal structure to be insured and the use of which is incidental to the use of
the principal structure.
Section 18.04.020 Act — "An act in relation to the regulation of the rivers, lakes and streams of
the State of Illinois ", 615 ILCS 5/5 et seq.
Section 18.04.030 Applicant — Any person, firm, corporation or agency which submits an
application.
Section 18.04.040 Appropriate use — Only uses of the designated floodway that are permissible
and will be considered for permit issuance. The only uses that will be allowed are as specified in
Section 18.14.050.
Section 18.04.050 Base flood — The flood having a one - percent chance of being equaled or
exceeded in any given year. The base flood is also known as the 100 -year frequency flood
event. Application of the base flood elevation at any location is as defined in Chapter 18.10 of
this Title.
Section 18.04.060 Base flood elevation (BFE) — The elevation in relation to mean sea level of the
crest of the base flood.
Section 18.04.070 Basement — That portion of the building having its floor subgrade (below
ground level) on all sides.
Section 18.04.080 Building — A structure that is principally above ground and is enclosed by
walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile
home or a prefabricated building. This term also includes recreational vehicles and travel trailers
to be installed on a site for more than 180 days per year.
Section 18.04.090 Channel — Any river, stream, creek, brook, branch, natural or artificial
depression, ponded area, flowage, slough ditch, conduit, culvert, gully, ravine, wash, or natural or
man -made drainageway, which has a definite bed and banks or shoreline, in or into which surface
or groundwater flows, either perennially or intermittently.
Section 18.04.100 Channel modification —Alteration of a channel by changing the physical
dimensions or materials of its bed or banks. Channel modification includes damming, riprapping
(or other armoring), widening, deepening, straightening, relocating, lining and significant removal
of native vegetation from the bottom or banks. Channel modification does not include the
clearing of dead or dying vegetation, debris, or trash from the channel. Channelization is a
severe form of channel modification involving a significant change in the channel cross - section
and typically involving relocation of the existing channel (e.g. straightening).
Section 18.04.110 Compensatory storage — An artificially excavated, hydraulically equivalent
volume of storage within the SFHA used to balance the loss of natural flood storage capacity
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when artificial fill or structures are placed within the floodplain. The uncompensated loss of
natural floodplain storage can increase off -site floodwater elevations and flows.
Section 18.04.120 Conditional approval of a designated floodwav map change — Preconstruction
approval by IDNR/OWR and FEMA of a proposed change to the floodway map. This
preconstruction approval, pursuant to this Part, gives assurances to the property owner that once
an Appropriate Use is constructed according to permitted plans, the floodway map can be
changed, as previously agreed, upon review and acceptance of as -built plans.
Section 18.04.130 Conditional letter of map revision (CLOMR) — A letter which indicates that
FEMA will revised base flood elevations, flood insurance rate zones, flood boundaries or
floodway as shown on an effective Flood Hazard Boundary Map or Flood Insurance Rate Map,
once the as -built plans are submitted and approved.
Section 18.04.140 Control structure — A structure designed to control the rate of flow that passes
through the structure, given a specific upstream and downstream water surface elevation.
Section 18.04.150 Critical facility — Any facility which is critical to the health and welfare of the
population and, if flooded, would create an added dimension to the disaster. Damage to these
critical facilities can impact the delivery of vital services, can cause greater damage to other
sectors of the community, or can put special populations at risk. Examples of critical facilities
where flood protection should be required include: emergency services facilities (such as fire and
police stations), schools, hospitals, retirement homes and senior care facilities, major roads and
bridges, critical utility sites (telephone switching stations or electrical transformers), and
hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances).
Examples of critical facilities where flood protection is recommended include sewage treatment
plants, water treatment plants, and pumping stations..
Section 18.04.160 Dam - All obstructions, wall embankments or barriers, together with their
abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water
or creating a pool. Dams may also include weirs, restrictive culverts, or impoundment structures.
Underground water storage tanks are not included.
Section 18.04.170 Designated floodwav — The channel, including on- stream lakes, and that
portion of the floodplain adjacent to a stream or watercourse, generally depicted on the FEMA
FIRM map, which is needed to store and convey the existing 100 -year frequency flood discharge
with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and
no more than a 10 percent increase in velocities.
A. The floodways are designated for on the countywide Flood Insurance Rate Maps for
Cook and Lake Counties, prepared by FEMA, and as listed in Appendix A of this Title. When two
floodway maps exist for a waterway, the more restrictive floodway limit shall prevail.
B. Those floodways for those parts of unincorporated Cook and Lake Counties that are
within the extraterritorial jurisdictions of the Village that may be annexed into the Village are
designated for Buffalo Creek, Farrington Ditch, White Pine Ditch, Aptakisic Creek, Tributary to
Aptakisic, McDonald Creek, South Branch Indian Creek (Kildeer Creek) and Indian Creek on the
countywide Flood Insurance Rate Map, and as listed in Appendix A of this Title.
C. To locate the designated floodway boundary on any site, the designated floodway
boundary should be scaled off the designated floodway map and located on a site plan, using
reference marks common to both maps. Where interpretation is needed to determine the exact
location of the designated floodway boundary, IDNR/OWR should be contacted for the
interpretation.
Section 18.04.180 Development — Any man -made change to real estate, including:
A. Construction, reconstruction, repair, or placement of a building or any addition to a
building.
B. Installing a manufactured home on a site, preparing a site for a manufactured home,
or installing a travel trailer or recreational vehicle on a site for more than 180 days. If the travel
trailer or recreational vehicle is on site for more than 180 days, it must be fully licensed and ready
for highway use.
C. Drilling, mining, installing utilities, construction of road, bridges, or similar projects.
D. Demolition of a structure or redevelopment of a site.
E. Clearing of land as an adjunct of construction.
F. Construction or erection of levees, walls, fences, dams, or culverts; channel
modification; filling, dredging, grading, excavating, paving, or other non - agricultural alterations of
the ground surface; storage of materials; deposit of solid or liquid waste;
G. Any other activity of man that might change the direction, height, or velocity of flood or
surface water, including extensive vegetation removal;
H. Substantial improvement of an existing building.
Development does not include routine maintenance of existing buildings and facilities such as
reproofing, or resurfacing of roads when there is no increase in elevation, or gardening, plowing,
and similar agricultural practices that do no involve fill ing,.grading, or construction of levees.
Section 18.04.190 Elevation certificates — A form published by FEMA that is used to certify the
elevation to which a building has been elevated.
Section 18.04.200 Erosion — The general process whereby soils are moved by flowing water or
wave action.
Section 18.04.210 Exempt organizations — Organizations which are exempt from this Title per
the Illinois Compiled Statues (ILCS) including state, federal or local units of government.
Section 18.04.220 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 (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) has been
completed before April 1, 1990.
Section 18.04.230 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).
Section 18.04.240 FEMA — Federal Emergency Management Agency and its regulations at 44
CFR 59 -79, as amended.
Section 18.04.250 Flood — A general and temporary condition of partial or complete inundation of
normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid
accumulation or runoff of surface waters from any source.
Section 18.04.260 Flood frequency —A period of years, based on a statistical analysis, during
which a flood of a stated magnitude may be expected to be equaled or exceeded.
Section 18.04.270 Flood fringe — That portion of the floodplain outside of the designated
floodway.
Section 18.04.280 Flood Insurance Rate Maps (FIRM) — A map prepared by FEMA that depicts
the Special Flood Hazard Area (SFHA) within a community. This map includes insurance rate
zones and floodplains and may or may not depict floodways.
Section 18.04.290 Flood Insurance Study — An examination, evaluation and determination of
flood hazards and if appropriate, corresponding water surface elevations.
Section 18.04.300 Floodplain — That land typically adjacent to a body of water with ground
surface elevations at or below the base flood or the 100 -year frequency flood elevation.
Floodplains may also include detached Special Flood Hazard Areas, ponding areas, etc. The
floodplain is also known as the Special Flood Hazard Area (SFHA).
A. The floodplains are those lands within the jurisdiction of the Village that are subject to
inundation by the base flood or 100 -year frequency flood. The SFHA's of the Village are
generally identified as such on panel numbers as listed in Appendix A of this Title of the
countywide Flood Insurance Rate Map of the Village, prepared by the Federal Emergency
Management Agency and dated as listed in Appendix A of this Title.
B. The SFHA's of those parts of.unineorporated Cook and Lake Counties that are within
the extraterritorial jurisdiction of the Village or. that maybe annexed into the Village are generally
identified as such on. panel numbers as listed in Appendix A: of this Title of the countywide Flood
Insurance Rate Map, prepared for Cook and Lake Counties by the Federal Emergency
Management Agency and dated as listed, in Appendix A- of this Title.
Section 18.04.310 Floodproofinq — Any combination of structural and non - structural 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.
Section 18.04.320 Floodproofinq certificate — A form published by FEMA that is used to certify
that a building has been designed and constructed to be structurally dry floodproofed to the flood
protection elevation.
Section 18.04.330 Flood protection elevation (FPE) — The elevation of the base flood or 100 -year
frequency floods plus thirty (30 ") inches of freeboard at any given location in the SFHA.
Section 18.04.340 Floodway — See Section 18.04.170 "Designated floodway".
Section 18.04.350 Historic structure — Any structure that is:
A. Listed individually in the National Register of Historic Places or preliminary
determined by the Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
B. Certified or preliminary determined by the Secretary of the Interior as contributing to
the historic district or a district preliminary determined by the Secretary to qualify as a registered
historic district;
C. Individually listed on the State inventory of historic places that has been certified by
the Illinois Historic Preservation Agency;
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D. Individually listed on a local inventory of historic places that has been certified by the
Illinois Historic Preservation Agency.
Section 18.04.360 Hydrologic and hydraulic calculations — Engineering analysis which determine
expected flood flows and flood elevations based on land characteristics and rainfall events.
Section 18.04.370 IDNR /OWR — Illinois Department of Natural Resources, Office of Water
Resources.
Section 18.04.380 Letter of map amendment (LOMA) — Official determination by FEMA that a
specific structure is not in a 100 -year floodplain; amends the FIRM.
Section 18.04.390 Letter of map revision (LOMR) — Letter that revises base flood or 100 -year
frequency flood elevations, floodplains or floodways as shown on an effective FIRM.
Section 18.04.400 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 buildings
lowest floor; provided that such enclosure is not built so as to render the structure in violation of
the applicable non - elevation design requirements of this Title.
Section 18.04.410 Manufactured home — A structure, transportable in one or more sections,
which is built on a permanent chassis and is designated for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home" also includes
park trailers, travel trailers and other similar vehicles placed on site for more than 180
consecutive days. The term "manufactured home" does not include a "recreational vehicle ".
Section 18.04.420 Manufactured home or park subdivision — A parcel (or contiguous parcels) of
land divided into two or more manufactured' home lots for rent or sale:
Section 18.04.430 Mitigation — Mitigation includes those measures necessary to minimize the
negative effects which floodplain development activities might have on the public health, safety
and welfare. Examples of mitigation include excavation of compensatory storage, soil erosion
and sedimentation control, and channel restoration. Mitigation may also include those activities
taken to reduce a structure's susceptibility to flooding.
Section 18.04.440 New construction — New construction means structures for which the start of
construction commenced on or after the effective date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to such structures.
Section 18.04.450 New manufactured home park or subdivision — 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) has been completed on or
after April 1, 1990.
Section 18.04.460 NAVD 88 — North American Vertical Datum of 1988. NAVD 88 supercedes
the National Geodetic Vertical Datum of 1929 (NGVD).
Section 18.04.470 Natural — When used in reference to channels means those channels formed
by the existing surface topography of the earth prior to changes made by man. A natural stream
tends to follow a meandering path; its floodplain is not constrained by levees; the area near the
bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic
materials typical of the area with no substantial alteration of the course or cross - section of the
stream caused by filling or excavating. A modified channel may regain some natural
characteristics over time as the channel meanders and vegetation is re- established. Similarly, a
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modified channel may be restored to more natural conditions by man through regrading and
revegetation.
Section 18.04.075 NGVD — National Geodetic Vertical Datum of 1929. Reference surface set by
the National Geodetic Survey deduced from a continental adjustment of all existing adjustments
in 1929.
Section 18.04.480 Ordinary high water mark (OHWM) — The point on the bank or shore up to
which the presence and action of surface water is so continuous so as to leave a distinctive mark
such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic
vegetation or other easily recognized characteristics.
Section 18.04.490 Public flood control proiect — A flood control project which will be operated and
maintained by a public agency to reduce flood damages to existing buildings and structures,
including a hydrologic and hydraulic study of the existing and proposed conditions of the
watershed. Nothing in this definition shall preclude the design, engineering, construction or
financing, in whole or in part, of a flood control project by persons or parties who are not public
agencies.
Section 18.04.500 Public bodies of water — All open streams and lakes capable of being
navigated by watercraft, in whole or in part, for commercial uses and purposes, and all lakes,
rivers, and streams which in their natural condition were .capable of being improved and made
navigable, or that are connected with or discharge their waters into .navigable lakes or rivers
within; or upon the borders of the State of Illinois, together with all bayous, sloughs, backwaters,
and submerged lands that are open to the main channel. or body of water directly accessible
,thereto.
Section 18.04.510 Recreational vehicle or travel trailer — Xvehicle which is.
A. Built on a single chassis;
B. 400 square feet or less when measured at the largest horizontal projection;
C. Designed to be self - propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Section 18.04.520 Regional permits — Regional Permits are offered for pre- approved projects
which are considered minor projects that are permissible per IDNR/OWR Part 3708 rules for
Northeastern Illinois regulatory floodways. A complete listing of the terms and conditions for
specific project types can be obtained from the IDNR/OWR website.
Section 18.04.530 Registered land surveyor — A land surveyor registered in the State of Illinois,
under The Illinois Land Surveyors Act. (225 ILCS 330/1, et seq.)
Section 18.04.540 Registered professional engineer — An engineer registered in the State of
Illinois, under The Illinois Professional Engineering Practice Act. (225 ILCS 325/1 et seq.)
Section 18.04.550 Repair, remodeling or maintenance — Development activities which do not
result in any increases in the outside dimensions of a building or any changes to the dimensions
of a structure.
Section 18.04.560 Repetitive loss - Flood- related damages sustained by a structure on two
separate occasions during a 10 -year period for which the cost of repairs at the time of each such
flood event, on the average, equals or exceeds 25 percent of the market value of the structure
before the damage occurred.
Section 18.04.570 Retention /detention facility — A retention facility stores stormwater runoff
without a gravity release. A detention facility provides for storage of stormwater runoff and
controlled release of this runoff during and after a flood or storm.
Section 18.04.580 Riverine SFHA — Any SFHA subject to flooding from a river, creek, intermittent
stream, ditch, on- stream lake system or any other identified channel. This term does not include
areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not
subject to overbank flooding.
Section 18.04.590 Runoff — The water derived from melting snow or rain falling on the land
surface, flowing over the surface of the ground or collected in channels or conduits.
Section 18.04.600 Sedimentation — The processes that deposits soils, debris, and other
materials either on other ground surfaces or in bodies of water or watercourses.
Section 18.04.610 Special flood hazard area (SFHA) — See Section 18.04.300 "Floodplain ".
Section 18.04.620 Start of construction — Includes substantial improvements, and means the
date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings,,the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or placement of a
manufactured home on a foundation.
Section 18.04.630 Statewide permits — .Statewide permits are offered for pre - approved projects
that are considered minor projects which are permissible per the IDNR/OWR Part 3700 rules. A
complete listing of the statewide permits and permit requirements can be obtained from the
IDNR/OWR website.
Section 18.04.640 Structure — See Section 18.04.080 'Building ".
Section 18.04.650 Substantial damage — Damage of any origin sustained by a structure
whereby the cumulative percentage of damage during a 10 -year period equals or exceeds 50
percent 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 Section 18.04.560 "Repetitive loss ".
Section 18.04.660 Substantial improvement —Any reconstruction, rehabilitation, addition or
improvement of a structure taking place during a 10 -year period in which the cumulative
percentage of improvements equals or exceeds 50 percent of the market value of the structure
before the improvement or repair is started.
A. "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 building. This term includes structures, which have
incurred repetitive loss or substantial damage, regardless of the actual work done.
B. The term does not, however, include either:
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
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2. any alteration of a "historic structure" listed on the National Register of
Historic Places or the Illinois Register of Historic Places, provided that the alteration will not
preclude the structure's continued designation as a historic structure.
Section 18.04.670 Transition section — Reaches of the stream or floodway where water flows
from a narrow cross - section to a wide cross - section or vice versa.
Section 18.04.680 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 elevation certificate, other certifications, or other evidence of compliance
is presumed to be in violation until such time as that documentation is provided.
Chapter 18.06
HOW TO USE THIS TITLE
Sections:
18.06.010 Procedure
Section 18.06.010 Procedure — The Village Engineer and /or the Building Commissioner shall be
responsible for fulfilling all of the duties listed in Chapter 18:08.
To fulfill those duties, the Village Engineer first. should use the criteria listed in Chapter 18.10,
.Base Flood Elevation, to determine whether the development site is located within a floodplain.
Once it has been determined that a site is located within a floodplain, the Village Engineer must
determine, whether the development site is within.a flood-fringe, a regulatory floodway or within .a
SFHA car floodplain on which no floodway has been identified.. If the site is within a "flood fringe,
the Village Engineer shall require that the minimum requirements of Chapter 18.12 be met. If the.
site is within a floodway, the Village Engineer shall require that the minimum requirements of
Chapter 18.14 be met. If the site is located within a SFHA or floodplain for which no detailed
study has been completed and approved, the Village Engineer shall require that the minimum
requirements of Chapter 18.16 be met.
In addition, the general requirements of Chapter 18.18 shall be met for all developments meeting
the requirements of Chapters 18.12, 18.14, or 18.16. The Village Engineer shall assure that all
subdivision proposals shall meet the requirements of Chapter 18.20.
If a variance is to be granted for a proposal, the Village Engineer shall review the requirements of
Chapter 18.22 to make sure they are met. In addition, the Village Engineer shall complete all
notification requirements.
In order to assure that property owners obtain permits as required in this Title, the Village
Engineer or Building Commissioner may take any and all actions as outlined in Section 18.24.020
of this Title.
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Chapter 18.08
DUTIES OF THE ENFORCEMENT OFFICIAL
Sections:
18.08.010 Duties of the Village Engineer
18.08.020 Duties of the Building Commissioner
Section 18.08.010 Duties of the Village Engineer — Duties of the Village Engineer are as follows:
A. Determining the Floodplain Designation. Check all new development sites to determine
whether they are in a Special Flood Hazard Area (SFHA). If they are in a SFHA, determine
whether they are in a floodway, flood fringe or in a floodplain for which a detailed study has
not been conducted which drains more than one (1) square mile. Check whether the
development is potentially within an extended SFHA (with a drainage area less than one
square mile), indicating that the development would have adverse impacts regarding storage,
conveyance, or inundation which would be the basis for the applicant being required to
delineate the floodplain and floodway and be subject to the remaining Sections of this
Title.
B. Professional Engineer Review. If the development site is within a floodway or in a
floodplain for which a detailed study has not been conducted and "which drains more than one
(1) square mile, then the permit shall be referred to the Village Engineer for review to ensure .
that the development meets the requirements of Chapter 18.14. In the case of an
Appropriate Use, the P.E. shall state in writing that the.development meets the requirements
of Chapter 18.14.
C .Dam. Safety Requirements.' Dams are-classified as to their size and their. hazard /damage
potential in the event of failure. The construction or major modification of all Class l (high
hazard) and Class II (moderate hazard) dams require an IDNR/OWR dam safety permit.
Some Class III (low hazard) dams require an IDNR/OWR dam safety permit, depending on
the drainage area to the dam, the height of the dam and the impounding capacity behind the
dam. Most off - channel detention basins that have an embankment are non - jurisdictional
Class III dam. It is not required that IDNR/OWR "sign -off' on all non - jurisdictional Class III
dams. A consulting engineer with dam safety knowledge can estimate a hazard classification
and determine if an IDNR/OWR dam safety permit is required. A permit application submittal
must be made to IDNR/OWR for the construction or major modification of jurisdictional dams.
Regulated dams may include weirs, restrictive culverts or impoundment structures.
D. Other Permit Requirements. Ensure any and all required federal, state and local permits
are received prior to the issuance of a floodplain development permit.
E. Plan Review and Permit Issuance. Ensure that all development activities within the SFHA's
of the jurisdiction of the Village meet the requirements of this Title and issue a floodplain
development permit in accordance with the provisions of this Title and other regulations of
this community when the development meets the conditions of this Title.
F. Inspection Review. Inspect all development projects before, during and after construction to
assure proper elevation of the structure and to ensure they comply with the provisions of this
Title; and, schedule on an annual basis an inspection of the floodplain and document the
results of the inspection.
G. Damage Determinations. Make damage determinations of all damaged buildings in the
SFHA after a flood to determine substantially damaged structures which must comply with
Section 18.18.040(8) of this Title.
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H. Elevation and Floodproofing Certificates. Maintain permit files including: An Elevation
Certificate certifying the elevation of the lowest floor (including basement) of a residential or
non - residential building subject to Section 18.18.010 of this Title, and /or the elevation to
which a non - residential building has been floodproofed, using a Floodproofing Certificate, for
all buildings subject to Section 18.18.010 of this Title.
I. Records for Public Inspection. Maintain for public inspection and furnish upon request
base flood data, SFHA and designated floodway maps, copies of federal or state permit
documents, variance documentation, Conditional Letter of Map Revision, Letter of Map
Revision, Letter of Map Amendment and "as- built" elevation and floodproofing and /or
elevation certificates for all buildings constructed subject to this Title.
J. State Permits. Ensure that construction authorization has been granted by IDNR /OWR, for
all development projects subject to Chapters 18.14 and 18.16 of this Title, unless
enforcement responsibility has been delegated to the Village. However, the following review
approvals are not delegated to the Village and shall require review or permits from
IDNR/OWR:
1. Organizations which are exempt from this Title, as per the Illinois Compiled Statutes;
2. IDNR/OWR projects, dams or impoundment structures as defined in Section 18.04.160
"Dam ", and all other state, federal or local unit of government projects, including projects
of the Village and County, except for those projects meeting the requirements of Section
18.14.050;
3. An engineer's determination that an existing bridge or culvert crossing is not a source of
flood damage and the analysis indicating the proposed flood profile, per Section
:4 An engineer's analysis of the flood profile due to Section 18.14.060(D);
5. Alternative transition sections and hydraulically equivalent compensatory storage as
indicated in Section 18.14.060 (A, B, and H);
6. Permit issuance of structures within, under, or over publicly navigable rivers, lakes and
streams;
7. Any changes in the mapped floodway or published flood profiles.
K. Cooperation with Other Agencies. Cooperate with state and federal floodplain
management agencies to improve base flood or 100 -year frequency flood and floodway data
and to improve the administration of this Title. Submit data to IDNR/OWR and FEMA for
proposed revisions of a regulatory map within 6 months whenever a modification of the
floodplain may change the base flood elevation or result in a change to the floodplain map.
Submit reports as required for the National Flood Insurance Program and notify FEMA of any
proposed amendments to this Title.
L. Promulgate Regulations. Promulgate rules and regulations as necessary to administer and
enforce the provisions of this Title subject, however, to the review and approval of
IDNR /OWR and FEMA for any changes to this Title.
Section 18.08.020 Duties of the Building Commissioner — Duties of the Building Commissioner
are as follows:
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A. Elevation and Floodproofing Certificates. Maintain permit files including: An Elevation
Certificate certifying the elevation of the lowest floor (including basement) of a residential or
non - residential building subject to Section 18.18.010 of this Title, and /or the elevation to
which a non - residential building has been floodproofed, using a Floodproofing Certificate, for
all buildings subject to Section 18.18.010 of this Title.
B. Records for Public Inspection. Maintain for public inspection and furnish upon request "as-
built" elevation and floodproofing or elevation and floodproofing certificates for all buildings
constructed subject to this Title.
C. Promulgate Regulations. Promulgate rules and regulations as necessary to administer and
enforce the provisions of this Title subject, however, to the review and approval of
IDNR/OWR and FEMA for any changes to this Title.
Chapter 18.10
BASE FLOOD ELEVATION
Sections:
18.10.010 General
18.10.020 Base flood
18.10.030 Delineation:(AH /AO)
18.10.040 Delineation (other)
:Section 18.10.010 General " This Title's protection standard is based on the F=lood Insurance
Study for the Village. If a base flood elevation or, 100- year frequency flood elevation is not
available for a particular site, then the protection standard shall be according to the best existing
data available from federal, state or other sources. When a party disagrees with the best
available data, they shall submit a detailed engineering study needed to replace existing data with
better data and submit it to IDNR /OWR and FEMA for review and consideration prior to any
development of the site.
Section 18.10.020 Base flood — The base flood or 100 -year frequency flood elevation for the
SFHA's of Buffalo Creek, Farrington Ditch, White Pine Ditch, Aptakisic Creek, Tributary to
Aptakisic, McDonald Creek, South Branch Indian Creek (Kildeer Creek), Indian Creek and Des
Plaines River shall be delineated on the 100 -year flood profiles in the Flood Insurance Study for
Cook and Lake Counties, prepared by FEMA, and dated as listed in Appendix A of this Title, and
such amendments to such study and maps as may be prepared from time to time.
Section 18.10.030 Delineation (AH /AO) — The base flood or 100 -year frequency flood elevation
for each SFHA delineated as an "AH Zone" or "AO Zone" shall be that elevation (or depth)
delineated on the countywide Flood Insurance Rate Map for Cook and Lake Counties.
Section 18.10.040 Delineation (other) — The base flood or 100 -year frequency flood elevation for
each of the remaining SFHA's delineated as an "A Zone" on the countywide Flood Insurance
Rate Map for Cook and Lake Counties, shall be according to the best existing 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. When no base flood or 100 -year
frequency flood elevation exists, the base flood or 100 -year frequency flood elevation for a
riverine SFHA shall be determined from a backwater model, such as HEC -II, HEC -RAS, or a
dynamic model such as HIP. The flood flows used in the hydraulic models shall be obtained from
a hydrologic model, such as HEC -HMS, HEC -1, TR -20, or HIP, or by techniques presented in
various publications prepared by the United States Geological Survey for estimating peak flood
discharges. For a non - riverine SFHA, the Base Flood Elevation shall be the historic Flood of
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Record plus three feet (3'), unless calculated by a detailed engineering study. For an unmapped
extended SFHA (with a drainage area less than one square mile) which has been identified by
the Village Engineer pursuant to Section 18.08.010(A), the base flood elevation shall be
determined by the applicant utilizing a method as approved in this Section.
Chapter 18.12
OCCUPATION AND USE OF FLOOD FRINGE AREAS
Sections:
18.12.010
General
18.12.020
Development permit
18.12.030
Application
18.12.040
SFHA determination
18.12.050
Soil erosion and sediment control
18.12.060
Other agency permits
18.12.070
Preventing increased damages
18.12.080
LOMR
18.12.090
Compensatory storage
18.12.100
Construction of the lowest floor below the base flood elevation (BFE)
Section 18.12.010 General — Development in and /or filling of the flood fringe will be permitted. if .
protection is provided against the base.flood or 100 -year frequency flood by proper elevation, and
compensatory storage, and other applicable provisions of this Title. No use will be permitted
Which: adversely affects the capacity of drainage facilities:or:systems. ; Developments located
-.within the flood fringe shall meet the requirements: of this Section; along with the requirements of.
Chapter 18;18.
Section .18.12:020 Development permit — No person, firm, corporation, or governmental body not
exempted by law shall commence any development in the SFHA without first obtaining a
development permit from the Village Engineer.
Section 18.12.030 Application — Application for a development permit shall be made on a form
provided by the Village Engineer. The application shall be accompanied by drawings of the site,
drawn to scale, showing property line dimensions and legal description for the property and
sealed by a licensed engineer, architect or land surveyor; existing grade elevations, in M.S.L.,
1929 adj. datum or N.G.V.D., or using the North American Vertical Datum of 1988, and all
changes in grade resulting from excavation or filling; the location and dimensions of all buildings
and additions to buildings. For all proposed buildings, the elevation of the lowest floor (including
basement) and lowest adjacent grade shall be shown on the submitted plans and the
development will be subject to the requirements of Chapter 18.18 of this Title.
Section 18.12.040 SFHA determination — Upon receipt of a development permit application, the
Village Engineer shall compare the elevation of the site to the base flood or 100 -year frequency
flood elevation. Any development located on land that can be shown to be higher than the base
flood elevation of the current Flood Insurance Rate Map and which has not been filled after the
date of the site's first Flood Insurance Rate Map without a permit as required by this Title, is not
in the SFHA, and , therefore, not subject to the requirements of this Title. Conversely, any
development located on land shown to be below the base flood elevation and hydraulically
connected, but shown on the current Flood Insurance Rate Map is subject to the provisions of this
Title. The Village Engineer 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.
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Section 18.12.050 Soil erosion and sediment control — A soil erosion and sediment control plan
for disturbed areas shall be submitted. This plan shall include a description of the sequence of
grading activities and the temporary sediment and erosion control measures to be implemented
to mitigate their effects. This plan shall also include a description of final stabilization and
revegetation measures, and the identification of a responsible party to ensure post- construction
maintenance.
Section 18.12.060 Other agency permits — The Village Engineer shall be responsible for
obtaining from the applicant copies of all other federal, state, and local permits, approvals or
waivers that my be required for this type activity. The Village Engineer shall not issue a permit
unless all other federal, state, and local permits have been obtained.
Section 18.12.070 Preventing increased damages — No development in the flood fringe shall
create a threat to public health and safety.
Section 18.12.080 LOMR — If fill is being used to elevate the site above the base flood or 100 -
year frequency flood elevation, the applicant shall submit sufficient data and obtain a letter of map
revision (LOMR) from FEMA for the purpose of removing the site from the floodplain.
Section 18.12.090 Compensatory storage — Whenever any portion of a floodplain is authorized
for use, the volume of space which will be occupied by the authorize fill or structure below the
base flood or 100 -year frequency flood elevation:shalI be compensated for and balanced by a
hydraulically equivalent volume of excavation taken from below the base flood or 100 -year
frequency flood elevation. The excavation volume shall be at least equal to 1.2 times the volume
of storage lost due to the fill or structure. In the case of streams and watercourses, such
excavation shall be made opposite. or.adjacent to the areas so filled or occupied. All floodplain; .
storage lost below the existing 10 -year flood elevation shall be replaced below the proposed 10
Year flood elevation. All floodplain storage, lost above the existing 10 -year flood elevation .shall be
replaced above the proposed 10- year flood elevation. All such excavations shall be constructed
to drain freely and openly to the watercourse.
Section 18.12.100 Construction of the lowest floor below the base flood elevation (BFE) -- A
person who has obtained a Letter of Map Revision Based on Fill that removes a site in the flood
fringe from the floodplain due to the use of fill to elevate the site above the BFE, may apply for a
permit from the Village to construct the lowest floor of a residential building below the BFE in the
flood fringe. The Village Engineer shall not issue such a permit unless the applicant has
complied with all the criteria set forth in the following subsections:
A. Compensatory storage shall be provided per Section 18.12.090.
B. The elevation of the lowest opening in the basement wall (i.e., window wells, access ways)
shall be at or above the Flood Protection Elevation (FPE).
C. The lowest adjacent grade to the foundation shall be two (2) feet above the BFE, for a
minimum distance of twenty -five (25) feet beyond the outside face of the structure. However,
if site conditions are such that this requirement cannot be met, the Village Engineer may
waive the twenty -five (25) foot minimum setback if an Illinois Registered Professional
Engineer certifies that an alternative method to protect the building from damage due to
hydrostatic pressures has been met. The certifications shall be in the form of a detailed soils
and structural design analysis, which shall be submitted to the Village Engineer for review.
The Village Engineer may require such additional documentation as necessary to prove
that the proposed shorter setback distance will keep the structure reasonably safe. In no
case shall the setback distance be less than four (4) feet.
D. The grade around the perimeter of the structure, measured at a distance of twenty -five (25)
feet from the structure, shall be one (1) foot above the BFE. However, if site conditions are
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such that this requirement cannot be obtained, the Village Engineer may waive the twenty -
five (25) foot minimum setback distance if an Illinois Registered Professional Engineer
certifies that an alternative method to protect the building from damages due to hydrostatic
pressures have been met. A detailed soils analysis and structural design proving that a
shorter setback distance will keep the structure reasonably safe from flooding, shall be
submitted to the Village for review. In no case shall the setback distance be less than
four (4) feet.
E. The ground around the building shall be compacted fill that meets all requirements of
this section and is at least five (5) feet thick under the basement floor slab. Nothing in
this section shall be interpreted to require the removal or replacement of fill that was placed
as part of a LOMR -F, if such fill consists of material, including soils of similar classification
and degree permeability, such as those classified as CH, CL, SC or ML according to ASTM
Standard D -2487, Classification of Soils for Engineering Purposes.
F. The fill material must be homogeneous and isotropic; that is, the soil must be all of one
material, and the engineering priorities must be in the same direction.
G. All fill material and compaction shall be designed, certified and inspected by an Illiniois
Registered Professional Engineer, as warranted by the site conditions.
H. The basement floor shall be at an'elevation.that is no more than five (5) below the BFE.
1. There shall be a granular drainage layer beneath the floor slab, and a minimum one- quarter
(1/4) horsepower.sump pump with a backup power supply.shall be provided to remove
seepage flow. The pump shall be rated at four (4) times the:.estimated.seepage rate and
shall "discharge above the BFE and away from the building, .in. .order to prevent flooding of the
basement or uplift of the floor under the effect of the seepage: pressure.
J. The drainage system shall be equipped.with,a positive means of preventing backflow.
K. All foundation elements shall be designed to withstand hydrostatic pressure in accordance
with accepted engineering practices.
L. If the applicant is unable to meet all of the requirements set forth in the preceding
subsections, the Village Engineer may allow the construction of a basement below the BFE
only if the applicant demonstrates that the proposed fill and structure meet the guidelines and
requirements set forth in FEMA Technical Bulletin 10 -01 and are reasonably safe from
flooding. In order to demonstrate that the proposed structure is reasonably safe from
flooding, the applicant shall submit a detailed engineering analysis of the proposed fill and
foundation wall. The engineered basement study shall be completed in accordance with
the latest edition of FEMA Technical Bulletin 10 -01, with the analysis of the fill being prepared
by an Illinois Registered Professional Engineer.
M. In order to provide the required compensatory storage on site, in no case shall the depth of
excavation in the front and side yards of the lot exceed eighteen (18) inches, as measured
from the previously existing natural grade. The rear yard shall be permitted to have a greater
depth of excavation, if necessary. All such excavation shall be constructed to drain freely
and openly to the watercourse or storm sewer system. The use of mechanical means to
drain the compensatory storage area will not be permitted.
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Chapter 18.14
OCCUPATION AND USE OF DESIGNATED FLOODWAYS
Sections:
18.14.010
General
18.14.020
Development
18.14.030
Application
18.14.040
Other agency permits
18.14.050
Preventing increased damages and a list of appropriate uses
18.14.060
Floodway characteristics
18.14.070
Development activities in delegated communities requiring state review
18.14.080
Other permits
18.14.090
Permits for dams
18.14.100
Activities that do not require a professional engineer's review
Section 18.14.010 General — This Chapter applies to proposed development, redevelopment,
site modification or building modification within a designated floodway. The designated floodway
for Buffalo Creek, Farrington Ditch, White Pine Ditch, Aptakisic Creek, Tributary to Aptakisic
Creek, McDonald Creek, South Branch Indian Creek (Kildeer Creek), Indian Creek and Des
Plaines River shall be as delineated on the countywide Flood Insurance Rate Map for Cook and
Lake Counties and referenced in Section 18.04.170 "Designated floodway ". Only those uses and
structures will be permitted which meet the criteria in this section. All floodway modifications shat
be the minimum necessary to accomplish the purpose of the project. •The development shall also
meet. the requirements of Chapter 18.18.
Section 18.14.020 Development permit No person, firm;: corporation or governmental body not
exempted by state law shall conmence any development in a floodway without first obtaining a
development permit from the Village Engineer and IDNRLOWR.
Section 18.14.030 Application — Application for a development permit shall be made on a form
provided by the Village Engineer. The application shall include the following information:
A. Name and address of applicant;
B. Site location (including legal description) of the property, drawn to scale, on the designated
floodway map, indicating whether it is proposed to be in an incorporated or unincorporated
area;
C. Name of stream or body of water affected;
D. Description of proposed activity;
E. Statement of purpose of proposed activity;
F. Anticipated dates of initiation and completion of activity;
G. Name and mailing address of the owner of the subject property if different from the applicant;
H. Signature of the applicant or the applicant's agent;
I. If the applicant is a corporation, the president, or other authorized officer shall sign the
application form;
J. If the applicant is a partnership, each partner shall sign the application form; and
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K. If the applicant is a land trust, the trust officer shall sign the name of the trustee by him (her)
as trust officer. A disclosure affidavit shall be filed with the application, identifying each
beneficiary of the trust by name and address and defining the respective interests therein.
L. Plans of the proposed activity shall be provided which include as a minimum:
1. A vicinity map showing the site of the activity, name of the waterway, boundary lines,
names of roads in the vicinity of the site, graphic or numerical scale, and north arrow;
2. A plan view of the project and engineering study reach showing existing and proposed
conditions including principal dimensions of the structure or work, elevations, in mean
sea level (1929 adjustment) datum or N.G.V.D., or using the North American Vertical
Datum of 1988, adjacent property lines and ownership, drainage and flood control
easements, location of any channels and any existing or future access roads, distance
between proposed activity and navigation channel (when the proposed construction is
near commercially navigable body of water), designated floodway limit, floodplain limit,
specifications and dimensions of any proposed channel modifications, location and
orientation of cross - sections, north arrow and a graphic or numerical scale;
3. Cross - section views of the project and engineering study reach showing existing and
proposed conditions including principal dimensions of the work as shown in plan view,
existing and proposed elevations, normal water elevation, 10 -year frequency flood
elevation, 100 -year frequency flood elevation, and graphic or numerical scales (horizontal
and vertical):;
4. A soil erosion and sediment control plan for disturbed areas. This plan shall include a
description of the sequence. of grading activities and the temporary sediment and erosion
control rneasures.to be implemented to mitigate their.effects. This .plan shall also include.
a description of final stabilization and revegetation measures; and the identification of a
responsible party to ensure post- construction maintenance.
5. A copy of the designated floodway map, marked to reflect any proposed change in the
designated floodway location.
M. Any and all other federal, state, and local permits or approval letters that maybe required for
this type of development.
N. Engineering calculations and supporting date shall be submitted showing that the proposed
work will meet the permit criteria of Section 18.14.050.
O. If the designated floodway delineation, base flood or 100 -year frequency flood elevation will
change due to the proposed project, the application will not be considered complete until
IDNR/OWR has indicated conditional approval of the designated floodway map change. No
structures may be built until a Letter of Map Revision has been approved by FEMA.
P. The application for a structure shall be accompanied by drawings of the site, drawn to scale
showing the property line dimensions and existing ground elevations and all changes in
grade resulting from any proposed excavation or filling, and floodplain and floodway limits;
sealed by a registered professional engineer, licenses architect or registered land surveyor;
the location and dimensions of all buildings and additions to buildings; and the elevation of
the lowest floor (including basement) of all proposed buildings subject to the requirements of
Chapter 18.18 of this Title.
Q. If the proposed project involves a channel modification, the applicant shall submit the
following information: a discussion of the purpose of and need for the proposed work; a
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discussion of the feasibility of using alternative locations or methods (see Section
18.14.060(1)) to accomplish the purpose of the proposed work; an analysis of the extent and
permanence of the impacts each feasible alternative identified in Section 18.14.060(1) would
have on physical and biological conditions of the body of water affected; and an analysis of
the impacts of proposed project, considering cumulative effects on the physical and biological
conditions of the body of water affected.
Section 18.14.040 Other agency permits — The Village Engineer shall be responsible for
obtaining from the applicant copies of all other local, state and federal permits and approvals that
my be required for this type of activity. The Village Engineer shall not issue the development
permit unless all required federal and state permits have been obtained. The Village Engineer
shall review and approve applications reviewed under this Chapter.
Section 18.14.050 Preventing increased damages and a list of appropriate uses — The only
development in a floodway which will be allowed are Appropriate Uses, which will not cause a
rise in the base flood elevation, and which will not create a damaging or potentially damaging
increase in flood heights or velocity or be a threat to public health and safety and welfare or
impair the natural hydrologic and hydraulic functions of the floodway or channel, or permanently
impair existing water quality or aquatic habitat. Construction impacts shall be minimized by
appropriate mitigation methods as called for in this Title. Only those Appropriate Uses listed in 17
III. Adm. Code Part 3708 will be allowed. The approved Appropriate Uses are as follows:
A. Flood control structures, dikes, dams and other public works or private improvements relating
to the control of drainage, flooding erosion; or water quality or habitat for fish and wildlife;
B. Structures or facilities relating to the use of, or requiring access to, the water or shoreline,
such as pumping and treatment facilities, and facilities and improvements related to -
recreational boating., commercial shipping and other functionally water dependent uses;
C. Storm and sanitary sewer relief outfalls; -
D. Underground and overhead utilities;
E. Recreational facilities such as playing fields and trail systems, including any related fencing
(at least 50 percent open when viewed from any one direction) built parallel to the direction of
flood flows, and including open air pavilions;
F. Detached garages, storage sheds or other non - habitable accessory structures that will not
block flood flows, nor reduce floodway storage;
G. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification
thereto;
H. Parking lots built at or below existing grade where either the depth of flooding at the 100 -year
frequency flood event will not exceed 1.0 foot; or, the applicant of a short -term recreational
use facility parking lot formally agrees to restrict access during overbank flooding events and
accepts liability for all damage caused by vehicular access during all overbank flooding
events;
I. Designated floodway regrading, without fill, to create a positive non - erosive slop toward a
watercourse;
J. Floodproofing activities to protect previously existing lawful structures including the
construction of water tight window wells, elevating structures, or construction of floodwalls
around residential, commercial or industrial principal structures where the outside toe of the
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floodwall shall be no more than ten (10) feet away from the exterior wall of the existing
structure, and, which are not considered substantial improvements to the structure;
K. The replacement, reconstruction, or repair of a damaged building, provided that the outside
dimensions are not increased, and if the building was damaged to fifty (50 %) percent or more
of the market value before the damage occurred, the building will be protected from flooding
to the flood protection elevation.
L. Modifications to an existing building that would not increase the enclosed floor area of the
building below the 100 -year frequency flood elevation, and which will not block flood flows
including but not limited to, fireplaces, bay windows, decks, patios, and second story
additions. If the building is improved to fifty (50 %) percent or more of the market value before
the modification occurred (i.e. a substantial improvement), the building will be protected from
flooding to the flood protection elevation.
Appropriate uses do not include the construction or placement of any new structures, fill, building
additions, buildings on stilts, excavation or channel modifications done to accommodate
otherwise non - appropriate uses in the floodway, fencing (including landscaping or planting
designed to act as a fence) and storage of materials except as specifically defined above as an
Appropriate Use.
Section 18.14.060 Floodway characteristics — Within the designated floodway, the construction
of an Appropriate Use will be considered permissible provided that the proposed project meets
the following engineering and mitigation criteria and is so stated in writing with supporting plans,
calculations and data by a registered professional engineer and provided that any structure meets
the protection requirements of Chapter 18.18.
A. Preservation of Flood Conveyance, so as. Not to Increase Flood Stages Upstream. For
appropriate uses other than bridge or culvert crossings,. on-stream structures or dams; all
effective designated floodway conveyance lost due to the project will be replaced for all flood
events up to and including the 100 -year frequency flood. In calculating effective designated
floodway conveyance, the following factors shall be taken into consideration:
1. Designated floodway conveyance, "K" _ (1.486/n)(AR2/3) where "n" is Manning's
roughness factor, "A" is the effective flow area of the cross - section, and "R" is the ratio of
the area to the wetted perimeter. (See Ven Te Chow, Open Channel Hydraulics, McGraw -
Hill, New York 1959).
2. The same Manning's "n" value shall be used for both existing and proposed conditions
unless a recorded maintenance agreement with a federal, state, or local unit of
government can assure the proposed conditions will be maintained or the land cover is
changing from a vegetative to a non - vegetative land cover.
3. Transition sections shall be provided and used in calculations of effective designated
floodway conveyance. The following expansion and contraction ratios shall be used
unless an applicant's engineer can prove to IDNR/OWR through engineering calculations
or model tests that more abrupt transitions may be used with the same efficiency:
a. When water is flowing from a narrow section to a wider section, the water should be
assumed to expand no faster than at a rate of one foot horizontal for every four feet
of the flooded stream's length.
b. When water is flowing from a wide section to a narrow section, the water should be
assumed to contract no faster than at a rate of one foot horizontal for every one foot
of the flooded stream's length.
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c. When expanding or contracting flows in a vertical direction, a minimum of one foot
vertical transition for every ten feet of stream length shall be used.
d. Transition sections shall be provided between cross - sections with rapid expansions
and contractions and when meeting the designated floodway delineation on adjacent
properties.
e. All cross - sections used in the calculations shall be located perpendicular to flood
flows.
B. Preservation of Floodway Storage so as Not to Increase Downstream Flooding.
Compensatory storage shall be provided for any designated floodway storage lost due to the
proposed work from the volume of fill or structures placed and the impact of any related flood
control projects. Compensatory storage for fill or structures shall be equal to at least 1.2
times the volume of floodplain storage lost. Artificially crated storage lost due to a reduction
in head loss behind a bridge shall not be required to be replaced. The compensatory
designated floodway storage shall be placed between the proposed normal water elevation
and the proposed 100 -year flood elevation. All designated floodway storage lost below the
existing 10 -year flood elevation shall be replaced below the proposed 10 -year flood elevation.
All designated floodway storage lost above the existing 10 -year flood elevation shall be
replaced above the proposed 10 -year flood elevation. All such excavations shall be
constructed to drain freely and openly to the watercourse. If the compensatory storage will
not be placed at the location of the proposed construction, the applicant's engineer shall
.demonstrate through a determination of flood discharges and water surface elevations that
the compensatory storage is hydraulically equivalent. Finally,.there shall be no reduction in
floodway surface area as a result of a floodway "modification, unless such modification is
necessary to reduce flooding at existing structure.
C. Preservation of Floodway Velocities so :as Not to Increase Stream Erosion or Flood Heights.
For all Appropriate Uses, except bridges or culverts or on- stream structures, the proposed
work will not result in an increase in the average channel or designated floodway velocities or
stage for all flood events up to an including the 100 -year frequency event.
In the case of bridges or culverts or on- stream structures built for the purpose of backing up
water in the stream during normal or flood flows, velocities may be increased at the structure
site if scour, erosion and sedimentation will be avoided by the use of rip -rap or other design
measures.
D. Construction of New Bridges or Culvert Crossings and Roadway Approaches. The proposed
structure shall not result in an increase of upstream flood stages greater than 0.1 foot when
compared to the existing conditions for all flood events up to and including the 100 -year
frequency event; or the upstream flood stage increases will be contained within the channel
banks (or within existing vertical extensions of the channel banks) such as within the design
protection grade of existing levees or flood walls or within recorded flood easements. If the
proposed construction will increase upstream flood stages greater than 0.1 feet, the
developer must contact IDNR/OWR to obtain a permit for a dam or waiver.
1. The engineering analysis of upstream flood stages must be calculated using the flood
study flows, and corresponding flood elevations for tailwater conditions for the flood
study specified in Chapter 18.10 of this Title. Bridges and culverts must be analyzed
using any commonly accepted FEMA approved hydraulic models.
2. Lost floodway storage must be compensated for per Section 18.14.060(B).
3. Velocity increases must be mitigated per Section 18.14.060(C).
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4. If the crossing is proposed over a public water that is used for recreational or commercial
navigation, an IDNR/OWR permit must be received.
5. The hydraulic analysis for the backwater caused by the bridge showing the existing
condition and proposed regulatory profile must be submitted to IDNR /OWR for
concurrence that a CLOMR is not required by Section 18.14.050.
6. All excavations for the construction of the crossing shall be designed per Section
18.14.060(H).
E. Reconstruction or Modification of Existing Bridges, Culverts, and Approach Roads.
1. The bridge or culvert and roadway approach reconstruction or modification shall be
constructed with no more than 0.1 foot increase in backwater over the existing
floodprofile for all flood frequencies up to and including the 100 -year event, if the existing
structure is not a source of flood damage.
2. If the existing bridge or culvert and roadway approach is a source of flood damage to
buildings or structures in the upstream floodplain, the applicant's engineer shall evaluate
the feasibility of redesigning the structure to reduce the existing backwater, taking into
consideration the effects on flood stages on upstream and downstream properties.
3. The determination as to whether or not. the existing crossing is a source of flood damage
and should be redesigned must be prepared in accordance with 17 III. Adm. Code Part
3708 ( Floodway Construction in Northeastern Illinois) and submitted to IDNR/OWR for
review and concurrence before a permit is issued.
F. On- stream Structures Built for the Purpose.of Backing Up Water. Any increase in upstream
flood stages greater than 0.0 foot when compared to the existing conditions, for all flood
events up to and including the 100 -year frequency event shall be contained within the
channel banks (or within existing vertical extensions of the channel banks) such as within the
design protection grade of existing levees or flood walls or within recorded flood easements.
A permit or letter indicating a permit is not required must be obtained from IDNR/OWR for
any structure built for the purpose of backing up water in the stream during normal or flood
flow. All dams and impoundment structures as defined in Section 18.04.160 "Dam ", shall
meet the permitting requirements of 17 III. Adm Code Part 3702 (Construction and
Maintenance of Dams). If the proposed activity involves a modification of the channel or
floodway to accommodate an impoundment, it shall be demonstrated that:
1. The impoundment is determined to be in the public interest by providing flood
control, public recreation, or regional stormwater detention;
2. The impoundment will not prevent the migration of indigenous fish species, which
require access to upstream areas as part of their life cycle, such as for spawning;
3. The impoundment will not cause or contribute to degraded water quality or habitat
conditions. Impoundment design should include gradual bank slopes, appropriate
bank stabilization measures and a presedimentation basin;
4. A non -point source control plan has been implemented in the upstream watershed to
control the effects of sediment runoff as well as minimize the input of nutrients, oil
and grease, metals, and other pollutants. If there is more than one municipality in
the upstream watershed, the municipality in which the impoundment is constructed
should coordinate with upstream municipalities to ensure comprehensive watershed
control;
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4. Clearing of stabilizing vegetation shall be limited to that which is essential for
construction of the channel.
Channel banks shall be constructed with a side slope no steeper than 3:1 horizontal to
vertical, wherever practicable. Native vegetation and gradual side slopes are the
preferred methods for bank stabilization. Where high velocities or sharp bends
necessitate the use of alternative stabilization measures, soil bioengineering techniques,
natural rock or rip -rap are preferred approaches. Artificial materials such as concrete,
gabions, or construction rubble should be avoided unless there are no practicable
alternatives.
6. All disturbed areas associated with the modification shall be seeded or otherwise
stabilized as soon as possible upon completion of construction. Erosion blanket or an
equivalent material shall be required to stabilize disturbed channel banks prior to
establishment of the vegetative cover.
7. If the existing channel contains considerable bottom diversity such as deep pools, riffles,
and other similar features, such features shall be provided in the new channel.
Spawning and nesting areas and flow characteristics compatible with fish habitat shall
also be established, where appropriate.
8. A sediment basin shall be installed at the downstream end of the modification to reduce
sedimentation and degradation of downstream water quality.
9. New or relocated channels should be built in the dry and all items of construction,
including vegetation, should be completed prior to diversion of water into the new
channel.
10. There shall be no increases in stage or velocity as the channel enters or leaves the
project site for any frequency flood unless necessitated by a public flood control project
or unless such an increase is justified as part of a habitat improvement or erosion control
project.
11. Unless the modification is for a public flood control project, there shall be no reduction in
the volume of floodwater storage outside the floodway as a result of the modification;
and,
12. The project otherwise complies with the requirements of Chapter 18.14 of this Title.
J. Seeding and Stabilization Plan. For all activities located in a floodway, a seeding and
stabilization plan shall be submitted by the applicant.
K. Soil Erosion and Sedimentation Measures. For all activities in the floodway, including
grading, filling, and excavation, in which there is potential for erosion of exposed soil, soil
erosion and sedimentation control measures shall be employed consistent with the following
criteria:
1. The construction area shall be minimized to preserve the maximum vegetation possible.
Construction shall be scheduled to minimize the time soil is exposed and unprotected. In
no case shall the existing natural vegetation be destroyed, removed, or disturbed more
than 15 days prior to the initiation of improvements.
2. Temporary and /or permanent soil stabilization shall be applied to denuded areas as soon
as possible. As a minimum, soil stabilization shall be provided within 15 days after final
grade is reached on any portion of the site, and within 15 days to denuded areas which
may not be at final grade but will remain undisturbed for longer than 60 days.
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5. The project otherwise complies with the requirements of Chapter 18.14.
G. Flood Proofing of Existing Habitable, Residential, and Commercial Structures. If construction
is required beyond the outside dimensions of the existing building, the outside perimeter of
the floodproofing construction shall be placed no further than 10 feet from the outside of the
building. Compensation of lost storage and conveyance will not be required for floodproofing
activities.
H. Excavation in the Floodway. When excavation is proposed in the design of bridges and
culvert openings, including the modifications to and replacement of existing bridge and
culvert structures, or to compensate for lost conveyance or other Appropriate Uses, transition
sections shall be provided for the excavation. The following expansion and contraction ratios
shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering
calculations or model tests that more abrupt transitions may be used with the same
efficiency:
1. When water is flowing from a narrow section to a wider section, the water should be
assumed to expand no faster than at a rate of one foot horizontal for every four feet of
the flooded stream's length; and
2. When water is flowing from a wide section to a narrow section, the water should be
assumed to contract no faster than at a rate of one foot horizontal for every one foot of
the flooded stream's length; and
.3. When expanding or contracting flows in a vertical direction, a minimum of one foot
vertical transition for every ten feet of stream length shall be used; and
4. Erosion /scour protection shall be provided inland upstream and downstream of the
transition sections.
I. Channel Modification. If the proposed activity involves a channel modification, it shall be
demonstrated that there are no practicable alternatives to the activity which would
accomplish its purpose with less impact to the natural conditions of the body of water
affected. Possible alternatives include levees, bank stabilization, flood proofing of existing
structures, removal of structures from the floodplain, clearing the channel, high flow channel,
or the establishment of a stream side buffer strip or green belt. Channel modification is
acceptable if the purpose is to restore natural conditions and improve water quality and fish
and wildlife habitat. Water quality, habitat, and other natural functions would be significantly
improved by the modification and no significant habitat area may be destroyed, or the
impacts are offset by the replacement of an equivalent degree of natural resource values.
The activity has been planned and designed and will be constructed in a way which will
minimize its adverse impacts on the natural conditions of the body of water affected,
consistent with the following criteria:
1. The physical characteristics of the modified channel shall match as closely as possible
those of the existing channel in length, cross - section, slope and sinuosity. If the existing
channel has been previously modified, restoration of more natural physical conditions
should be incorporated into channel modification design, where practical.
2. Hydraulically effective transitions shall be provided at both the upstream and
downstream ends of the project, designed such that they will prevent erosion.
3. One -sided construction of a channel shall be used when feasible. Removal of
streamside (riparian) vegetation should be limited to one side of the channel, where
possible, to preserve the shading and stabilization effects of the vegetation.
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3. Sedimentation control measures shall be installed before any significant grading or filling
is initiated on the site to prevent the movement of eroded sediments off site or into the
channel. Potential sediment control devices include filter fences, straw bale fences,
check dams, diversion ditches, and sediment traps and basins.
4. A vegetated buffer strip of at least 25 feet in width shall be preserved and /or re-
established, where possible, along existing channels (see Sectionl8.14.060(0).
Construction vehicle use of channels shall be minimized. Temporary stream crossings
shall be constructed, where necessary, to minimize erosion. Necessary construction in
or along channels shall be restabilized immediately.
5. Soil erosion and sedimentation control measures shall be designed and implemented
consistent with "Procedures and Standards for Urban Soil Erosion and Sedimentation
Control in Illinois" (1988) also known as the "Green Book" and "The Illinois Urban
Manual' (NCRS, 1995).
Public Flood Control Projects. For public flood control projects, the permitting requirements
of this Chapter will be considered met if the applicant can demonstrate to IDNR/OWR
through hydraulic and hydrologic calculations that the proposed project will not singularly or
cumulatively result in increased flood heights outside the project right -of -way or easements
for all flood events up to and including the 100 -year frequency event.
M. General Criteria for Analysis of Flood Elevations.
1. The flood profiles, flows and floodway data in the designated floodway study, referenced
in Chapter 18.10, must be used for analysis of the base conditions. If the study data
appears to be in error or conditions have changed, IDNR/OWR shall be contacted for
approval and concurrence on the appropriate: base .conditions data to use.
If the 100 -year designated floodway elevation at the site of the proposed construction is
affected by backwater from a downstream receiving stream with a larger drainage area,
the proposed construction shall be shown to meet the requirements of this Chapter for
the 100 -year frequency flood elevations of the designated floodway conditions and
conditions with the receiving stream at normal water elevations.
2
3. If the applicant learns from the IDNR /OWR, local governments, or a private owner that a
downstream restrictive bridge or culvert is scheduled to be removed, reconstructed,
modified, or a regional flood control project is scheduled to be built, removed,
constructed or modified within the next five years, the proposed construction shall be
analyzed and shown to meet the requirements of this Chapter for both the existing
conditions and the expected flood profile conditions when the bridge, culvert or flood
control project is built.
N. Conditional Letter of Map Revision. If the Appropriate Use would result in a change in the
designated floodway location or the 100 -year frequency flood elevation, the applicant shall
submit to IDNA/OWR and FEMA all information, calculations and documents necessary to be
issued a conditional designated floodway map revision and receive from IDNR/OWR a
conditional concurrence of the designated floodway change before a permit is issued. The
final designated floodway map will not be changed by FEMA until as -built plans or record
drawings of initial filling, grading, dredging, or excavating activities are submitted and
accepted by FEMA and IDNR/OWR. In the case of non - government projects, the
municipality in incorporated areas and the county in unincorporated areas shall concur with
the proposed conditional designated floodway map revision before IDNR/OWR approval can
be given. No filling, grading, dredging or excavating shall take place until a conditional
approval is issued. After initial filling, grading dredging or excavating, no activities shall take
26
place until a final Letter of Map Revision (LOMR) is issued by FEMA with concurrence from
IDNR /OWR.
O. Professional Engineer's Supervision. All engineering analyses shall be performed by or
under the supervision of a registered professional engineer. For all activities in the floodway
involving construction within 25 feet of the channel, a natural vegetation buffer strip shall be
preserved within at least 25 feet of the ordinary high water mark of the channel. Where it is
impossible to protect this buffer strip during the construction of an Appropriate Use, a
vegetated buffer strip shall be established upon completion of construction.
P. After receipt of conditional approval of the designated floodway change and issuance of a
permit and a Conditional Letter of Map Revision, construction as necessary to change the
floodway designation may proceed but no buildings or structures or other construction that is
not an Appropriate Use may be placed in that area until the designated floodway map is
changed and a final Letter of Map Revision is received. The designated floodway map will be
revised upon acceptance and concurrence by IDNR/OWR and FEMA of the "as- built" plans.
Section 18.14.070 Development activities in delegated communities requiring state review — For
those projects listed below located in a designated floodway, the following criteria shall be
submitted to IDNR/OWR for their review and concurrence and /or permit prior to the issuance of a
permit by a community or county delegated state permitting authority in the floodway:
A. An engineer's analysis of the flood profile due to a.proposed bridge pursuant to Section
18.14.060(D):
B. .An engineer's determination that an existing bridge or culvert crossing is not a source of flood
damage and the analysis indicating the proposed flood profile, pursuant to Section
18:14.060(E).
C. Alternative transition sections and hydraulically equivalent storage pursuant to Section
18.14.060(A, B, and H).
D. The construction of any IDNR/OWR projects, dams (as defined in Section 18.04.160 "Dam ")
and all other federal, state, or local units of government projects, including projects of the
municipality or county.
E. An engineer's determination that a proposed bridge affected by backwater from a
downstream receiving stream may be built with a smaller opening.
F. Projects which revise or establish the floodway and /or flood profiles.
G. Projects in public bodies of water.
Section 18.14.080 Other permits — In addition to the other requirements of this Title, a
development permit for a site located in a floodway shall not be issued unless the applicant first
obtains a permit or written documentation that a permit is not required from IDNR/OWR, issued
pursuant to 615 ILCS 5/5 et seq. No correspondence from IDNR /OWR shall be required if the
project meets the requirements of Regional Permit 3. No permit from IDNR/OWR shall be
required if IDNR /OWR has delegated this responsibility to the Village.
Section 18.14.090 Permits for dams — Any work involving the construction modification or
removal of a dam as defined in Section 18.04.160 "Dam ", per 17 III. Adm. Code Part 3702 (Rules
for Construction of Dams) shall obtain an IDNR/OWR permit prior to the start of construction of a
dam. If the Village Engineer finds a dam that does not have an IDNR /OWR permit, the Village
Engineer shall immediately notify the IDNR/OWR Bartlett office. If the Village Engineer finds a
dam, which is believed to be in unsafe condition, the Village Engineer shall immediately notify the
27
owner of the dam, the IDNR/OWR Bartlett office, and the Illinois Emergency Management
Agency (IEMA).
Section 18.14.100 Activities that do not require a registered professional engineer's review —The
following activities may be permitted without a registered professional engineer's review. Such
activities shall still meet the other requirements of this Title, including the mitigation requirements.
Regional Permit 3 which authorizes, for example, underground and overhead utilities, storm and
sanitary sewer outfalls, sidewalks, patios, athletic fields, playground equipment and streambank
protection activities.
Chapter 18.16
OCCUPATION AND USE OF SFHA AREAS WHERE
FLOODWAYS ARE NOT IDENTIFIED
Sections:
18.16.010 General
18.16.020 Development permit
18.16.030 Base flood elevation
18.16.040 Preventing increased damages
18.16.050 Determination of floodway
18.16.060 Compensatory storage
Section 18.16.010 General —In SFHA or floodplains (including AE,.AH, AO and Unnumbered.A
Zones) where no floodways have been identified and no. base .flood or 100 -year frequency flood
elevations have been established by FEMA, and draining more than a square mile, no
development shall be permitted unless the cumulative.effect of the proposals, when combined
with all other existing and anticipated uses and structures, shall not significantly impede or
increase the flow and passage of the floodwaters nor significantly increase the base flood or 100 -
year frequency flood elevation.
Section 18.16.020 Development permit —.No person, firm, corporation, or governmental body,
not exempted by state law, shall commence any development in a SFHA or floodplain without first
obtaining a development permit from the Village Engineer. Application for a development permit
shall be made on a form provided by the Village Engineer. The application shall be accompanied
by drawings of the site, drawn to scale showing property line dimensions; and existing grade
elevations and all changes in grade resulting from excavation or filling, sealed by a licensed
engineer, architect or surveyor; the location and dimensions of all buildings and additions to
buildings; and the elevations of the lowest floor (including basement) of all proposed buildings
subject to the requirements of Chapter 18.18 of this Title.
The application for a development permit shall also include the following information:
A. A detailed description of the proposed activity, its purpose, and intended use;
B. Site location (including legal description) of the property, drawn to scale, on the designated
floodway maps, indicating whether it is proposed to be in an incorporated or unincorporated
area;
C. Anticipated dates of initiation and completion of activity;
D. Plans of the proposed activity shall be provided which include as a minimum:
28
1. A vicinity map showing the site of the activity, name of the waterway, boundary lines,
names of roads in the vicinity of the site, graphic or numerical scale, and north arrow;
2. A plan view of the project and engineering study reach showing existing and proposed
conditions including principal dimensions of the structure or work, elevations, in mean
sea level (1929 adjustment) datum or N.G.V.D., or using the North American Vertical
Datum of 1988, adjacent property lines and ownership, drainage and flood control
easements, distance between proposed activity and navigation channel (when the
proposed construction is in or near a commercially navigable body of water), floodplain
limit, location and orientation of cross - sections, north arrow, and a graphical or numerical
scale;
3. Cross - section views of the project perpendicular to the flow of floodwater and
engineering study reach showing existing and proposed conditions including principal
dimensions of the work as shown in plan view, existing and proposed elevations, normal
water elevation, 10 -year frequency flood elevation, 100 -year frequency flood elevation,
and graphical or numerical scales (horizontal and vertical); and,
4. A soil erosion and sedimentation control plan for disturbed areas. This plan shall include
a description of the sequence of grading activities and the temporary sediment and
erosion control measures to be implemented to mitigate their effects. This plan shall also
include a description of final stabilization and revegetation measures, and the
identification of a responsible party to ensure post- construction maintenance.
E. - Engineering calculations and supporting data shall be submitted showing that the proposed
work will meet the criteria of Section 18.16.040.
F, . Any and all other federal, state, and local permits or approvals that maybe required for this
type of development.
Section 18.16.030 Base flood elevation — Based on the best available existing data according to
federal, state or other sources, the Village Engineer shall compare the elevation of the site to the
base flood or 100 -year frequency flood elevation. Should no elevation information exist for the
site, the developer's engineer shall calculate the elevation according to Section 18.10.040. Any
development located on land that can be shown to have been higher than the base flood
elevation of the current Flood Insurance Rate Map Identification is not in the SFHA and,
therefore, not subject to the requirements of this Title. The Village Engineer 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 Village Engineer shall be responsible for obtaining from the applicant copies of
all other federal, state, and local permits, approvals, or waivers that may be required for this type
of activity. The Village Engineer shall not issue the development permit unless all required
federal, state, and local permits have been obtained.
Section 18.16.040 Preventing increased damages — No development in the SFHA where a
floddway has not been determined shall create a damaging or potentially damaging increase in
flood heights or velocity or threat to public health, safety and welfare or impair the natural
hydrologic and hydraulic functions of the floodway or channel, or impair existing water quality or
aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as
called for in this Title.
Section 18.16.050 Determination of floodwav — Within all riverine SFHA's where the floodway
has not been determined, the following standards shall apply:
A. The developer shall have a Registered Professional Engineer state in writing and show
through supporting plans, calculations, and data that the project meets the engineering
9C
requirements of Section 18.14.060(A) through (P) for the entire floodplain as calculated under
the provisions of Section 18.10.040 of this Title. As an alternative, the developer should have
an engineering study performed to determine a floodway and submit that engineering study
to IDNR /OWR and Fema for acceptance as a designated floodway. Upon acceptance of the
floodway by IDNR/OWR and FEMA, the developer shall then demonstrate that the project
meets the requirements of Chapter 18.14 of this Title.
B. A development permit shall not be issued unless the applicant first obtains an IDNR/OWR
permit or a determination has been made that an IDNR/OWR permit is not required.
C. Permits for Dams. Any work involving the construction, modification or removal of a dam as
defined in Section 18.04.160 "Dam ", per 17 III. Adm. Code Part 3702 (Rules for Construction
of Dams), shall obtain an IDNR/OWR permit prior to the start of construction of a dam. If the
Village Engineer finds a dam that does not have an IDNR/OWR permit, the Village Engineer
shall immediately notify the IDNR/OWR Bartlett office. If the Village Engineer finds a dam
which is believed to be in unsafe condition, the Village Engineer shall immediately notify the
owner of the dam, the IDNR/OWR Bartlett office, and the Illinois Emergency Management
Agency (IEMA).
D, The following activities may be permited without a Registered Professional Engineer's review
or calculation of base flood elevation and designated floodway. Such activities shall still meet
other requirements of this Title:
1. Bridge and culvert crossings of streams in rural areas meeting conditions of IDNR /OWR
Statewide Permit. Number 2;
2. Barge fleeting facilities meeting conditions of IDNR/OWR Statewide Permit No. 3;
3. Aerial. utility crossings meeting conditions of IDNR/OWR Statewide Permit No. 4;
4. Minor boat docks meeting conditions of IDNR/OWR Statewide Permit No. 5;
5. Minor, non - ostructive activities meeting conditions of IDNR/OWR Statewide Permit No. 6;
activities (not involving fill or positive change in grade) are covered by this permit;
6. Outfall structures and drainage ditch outlets meeting 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 conditions of IDNR/OWR Statewide
Permit No. 11;
11. Bridge and culvert replacement structures and bridge widenings meeting conditions of
IDNR /OWR Statewide Permit No. 12;
12. Temporary construction activities meeting conditions of IDNR/OWR Statewide Permit No.
13;
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13. Special Uses of Public Waters meeting conditions of IDNR /OWR Statewide Permit No.
14;
14. Any development determined by IDNR/OWR to be located entirely within a flood fringe
area shall be exempt from State Floodway permit requirements.
E. The flood carrying capacity of any altered or relocated watercourse shall be maintained.
Section 18.16.060 Compensatory storage — Whenever any portion of a floodplain is authorized
for use, the volume of space which will be occupied by the authorized fill or structure below the
base flood or 100 -year frequency flood elevation shall be compensated for and balanced by a
hydraulically equivalent volume of excavation taken from below the base flood or 100 -year
frequency flood elevation. The excavation volume shall be at least equal to 1.2 times the volume
of storage lost due to the fill or structure. In the case of streams and watercourses, such
excavation shall be made opposite or adjacent to the areas so filled or occupied. All floodplain
storage lost below the existing 10 -year flood elevation shall be replaced below the proposed 10-
year flood elevation. All floodplain storage lost above the existing 10 -year flood elevation shall be
replaced above the proposed 10 -year flood elevation. All such excavations shall be constructed
to drain freely and openly to the watercourse.
Chapter 18.18
PERMITTING REQUIREMENTS APPLICABLE
TO ALL FLOOD PLAIN AREAS: AND PROTECTION OF BUILDINGS
Sections
18.18.010 General
18.18.020 Carrying capacity and notification
18.18.030 Protecting buildings
18.18.040 Methods of building protection
Section 18.18.010 General — In addition to the requirements found in Chapters 18.12, 18.14, and
18.16 for development in flood fringes, designated floodways, and SFHA or floodplains where no
floodways have been identified, the following requirements shall be met:
A. Public Health Standards
B. No developments in the SFHA shall include locating or storing chemicals, explosives,
buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other
hazardous or toxic materials below the flood protection elevation (FPE) 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
18.18.030 of this Title.
C. Public utilities and facilities such as sewer, gas and electric shall be located and constructed
to minimize or eliminate flood damage.
D. Public sanitary sewer systems and water supply systems shall be located and constructed to
minimize or eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters.
E. New and replacement water supply systems, wells, sanitary sewer lines and on -site waste
disposal systems may be permitted providing all manholes or other above ground openings
located below the FPE are watertight.
31
B. A residential or non - residential building may be elevated in accordance with the following:
The building or improvements shall be elevated on crawl space, stilts, piles, walls, or
other foundation that is permanently open to flood waters and not subject to damage by
hydrostatic pressures of the base flood or 100 -year frequency flood. Designs must be
certified either by a registered professional engineer or architect. The permanent
openings, one on each wall, shall be no more than one foot above existing grade, and
consist of a minimum of two openings. The openings must have 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.
2. The foundation and supporting members shall be anchored and aligned in relation to
flood flows and adjoining structures so as to minimize exposure to known hydrodynamic
forces such as current, waves, ice and floating debris.
All areas below the flood protection elevation shall be constructed of materials resistant
to flood damage. The lowest floor (including basement) and all electrical, heating,
ventilating, plumbing, and air conditioning equipment and utility meters shall be located at
or above the flood protection elevation. Water and sewer pipes, electrical and telephone
lines, submersible pumps, and other waterproofed service facilities may be located below
the flood protection elevation provided they are waterproofed.
-4. The areas below flood protection elevation may only be used for the parking of vehicles,
building access or storage in an area other than.a: basement and not later modified or
occupied as habitable space.
5, :, In lieu of the above criteria;, the design methods to comply with these requirements may
be certified by registered professional engineer or architect:
6. Manufactured homes, and travel trailers to be installed on a site for more than 180 days,
shall be elevated to or above the flood protection elevation; and, shall be 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
III. Adm. Code Part 870. In addition, all manufactured homes shall meet the following
elevation requirements:
a. In the case of manufactured homes placed or substantially improved (1) outside of a
manufactured home park or subdivision, (2) in a new manufactured home park or
subdivision, (3) in an expansion to an existing manufactured home park or
subdivision, or (4) in an existing manufactured home park or subdivision on which a
manufactured home has incurred substantial damage from a flood, the top of the
lowest floor shall be elevated to or above the flood protection elevation.
b. In the case of manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision, the manufactured home shall be elevated
so that either the top of the lowest floor is above the base flood elevation or the
chassis is at least 36 inches in height above grade and supported by reinforced piers
or other foundations of equivalent strength, whichever is less.
6. Recreational vehicles or travel trailers shall be required to meet the elevation and
anchoring requirements of the sub - section above unless:
a. They are on site for fewer than 180 consecutive days; and,
33
F. All other activities defined as development shall be designed so as not to alter flood flows or
increase potential flood damages.
Section 18.18.020 Carrying capacity and notification — 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 Village shall notify adjacent communities in
writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.
Section 18.18.030 Protecting buildings — All buildings located within a 100 -year floodplain, also
know as a SFHA, shall be protected from flood damage below the flood protection elevation. This
building protection criteria applies to the following situations:
A. Construction or placement of a new building or alteration or addition to an existing building
valued at more than one thousand dollars ($1,000) or seventy (70) square feet.
B. Substantial improvements or structural alterations made to an existing building that increase
the floor area by more than twenty percent (20 %) or equal or exceed the market value by fifty
percent (50 %). Alteration shall be figured cumulatively during a 10 -year period. If
substantially improved, the existing structure and the addition must meet the flood protection
standards of this section.
C. Repairs made to a substantially damaged building. These repairs shall be figured
cumulatively during a 10 -year period." If substantially damaged the entire structure must
meet the flood protection standards of this section.
D. Installing a manufactured home on anew 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).
E. Installing a travel trailer or recreational vehicle on a site for more than 180 days per year; and
F. Repetitive loss to an existing building as defined in Section 18.04.560 "Repetitive loss ". This
building protection requirement may be met by one of the methods described in Section
18.18.040 of this Title.
Section 18.18.040 Methods of building protection — The building protection requirement may be
met by one of the following methods:
A. A residential or non - residential building, when allowed, may be constructed on permanent
land fill in accordance with the following:
1. The lowest floor (including basement) shall be at or above the flood protection elevation;
and
2. The fill shall be placed in layers no greater than six (6) inches deep before compaction
and should extend at least twenty -five (25) feet beyond the foundation of the building
before sloping below an elevation which is not less than one (1) foot above the Base
Flood Elevation. The top of the fill shall be above the flood protection elevation.
However, the twenty -five (25) foot minimum may be waived if a structural engineer
certifies an alternative method to protect the building from damages due to hydrostatic
pressures. The fill shall be protected against erosion and scour during flooding by
vegetative cover, rip -rap or other structural measure. The fill shall be composed of rock
or soil and not incorporate debris or refuse materials. The fill shall not adversely affect
the flow surface drainage from or onto neighboring properties, and when necessary,
stormwater management techniques such as swales or basins shall be incorporated.
32
b. They are fully licensed, ready for highway use, and used only for recreation,
camping, travel or seasonal use rather than as a permanent dwelling. A recreational
vehicle is ready for highway use if it is on its wheels or jacking system, is attached to
the site only be quick disconnect type utility and service devices, and has not
permanently attached conditions.
C. Only a non - residential building may be structurally dry floodproofed (in lieu of elevation)
provided that a registered professional engineer or architect shall certify that the building has
been structurally dry floodproofed below the flood protection elevation, the structure and
attendant utility facilities are watertight and capable of resisting the effects of the base flood
or 100 -year frequency flood. The building design shall take into account flood velocities,
duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and
impacts from debris or ice. Floodproofing measures shall be operable without human
intervention and without an outside source of electricity (levees, berms, floodwalls and similar
works are not considered floodproofing for the purpose of this subsection).
D. A building may be constructed with a crawlspace located below the flood protection elevation
provided that 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. 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 (1) foot above grade; and, the interior grade of the
crawlspace below the flood protection elevation must not be more than 2 feet below the
lowest adjacent exterior grade. The interior height of the crawlspace measured from the
interior grade of the crawl tQ the top of.the foundation wall must not exceed 4 feet at any
point. An adequate drainage system.:must be ; installed to'remove floodwaters from the
interior area of the crawlspace within.a reasonable period of time after a flood event.
Portions of the building below the flood protection elevation must be constructed with
materials resistant to flood damage; and, utility systems within the crawlspace must be
elevated above the flood protection elevation.
E. 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.
F. Tool sheds, detached garages, and other minor accessory structures on an existing single -
family platted lot, may be constructed with the lowest floor below the flood protection
elevation in accordance with the following:
1. The building is not used for human habitation.
2. All areas below the base flood or 100 -year frequency flood elevation shall be constructed
with waterproof material. Structures located in a designated floodway shall be
constructed and placed on a building site so as not to block the flow of flood waters and
shall also meet the Appropriate Use criteria of Chapter 18.14. In addition, all other
requirements of Chapters 18.12, 18.14, and 18.16 must be met.
3. The structure shall be anchored to prevent flotation.
34
4. Service facilities such as electrical and heating equipment shall be elevated or
floodproofed to the flood protection elevation.
5. The building shall be valued at less than $10,000 and be less than 500 square feet in
floor size.
6. The building shall be used only for the storage of vehicle or tools and may not contain
other rooms, workshops, greenhouse or similar uses and cannot be modified later into
another use.
7. The building shall meet the permanent opening criteria of Section 18.18.040(B.1.).
8. All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be
stored above the flood protection elevation.
9. The lowest floor elevation should be documented and the owner advised of the flood
insurance implications.
G. Existing buildings located within a designated floodway shall also meet the more restrictive
Appropriate Use standards included in Chapter 18.14 of this Title. Non - conforming structures
located in a designated floodway. may remain in use and may only be enlarged, replaced or
structurally altered in accordance with Section 18.14.050. A non - conforming structure
damaged by flood, fire, wind or other natural or man -made disaster may be restored unless
the damage exceeds fifty percent (50 %) of its market value before it was damaged, in which
case it shall conform to this Title.
Chapter 18.20
OTHER DEVELOPMENT REQUIREMENTS
Sections:
18.20.010 General
18.20.020 New development standards
Section 18.20.010 General — The Corporate Authorities shall take into account flood 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, and Planned Unit
Developments (PUDs) within the SFHA shall be reviewed to assure that the proposed
developments are consistent with Chapters 18.12, 18.14, 18.16 and 18.18 of this Title, and
the need to minimize flood damage. Plats or plans for new subdivisions, mobile home parks
and Planned Unit Developments (PUDs) shall include a signed statement by a Registered
Professional Engineer that the plat or plans account for changes in the drainage of surface
waters in accordance with the Plat Act (765 ILCS 205/2).
B. Proposals for new subdivisions, manufactured home parks, travel trailer parks, Planned Unit
Developments (PUDs) and additions to manufactured home parks and additions to
subdivisions shall include base flood or 100 -year frequency flood elevation data and floodway
delineations. Where this information is not available from an existing adopted study, the
applicant's engineer shall be responsible for calculating the base flood or 100 -year frequency
flood elevation per Section 18.10.040, and the floodway delineation per the definition in
Section 18.04.170 "Designated floodway ".
35
C. Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a
manner as to preserve and utilize natural streams and channels. Wherever possible, the
floodplains shall be included within parks or other public grounds.
D. The Corporate Authorities shall not approve any Planned Unit Development (PUD) or Plat of
Subdivision located outside the corporate limits unless such agreement or plat is in
accordance with the provisions of this Title.
E. All development shall be set back from the center line of any stream or channel or least the
distance required to prevent encroachment of the floodway widths, but in no case less than
one hundred (100) feet from the center line of Buffalo Creek, Aptakisic Creek, Indian Creek
and South Branch of the Indian Creek (Kildeer Creek). Floodway easements shall be
provided which will permit necessary channel maintenance and improvement work.
F. All other activities defined as development shall be designed so as not to alter flood flows or
increase potential flood damages.
G. The elevation of the crown of any new street or the low point of any new exterior parking area
constructed within or adjacent to the SFHA shall benot less than one (1) above the Base
Flood Elevation for the area. The design of such facilities shall be such that the normal
direction of course of drainage or runoff throughout the area is not altered.
Section 1.8.20.020 New development standards - All new, developments shall have:
A. The proposed site of the structure filled so that the elevation:of the top of the foundation or
lowest point of water entry for the structure is at the FPE.
B. Basements, cellars or crawl spaces made of concrete, structurally adequate, poured in place
with no openings below FPE except for openings for utilities which shall be sealed,
floodproofed and made watertight in a manner acceptable to the Building Commissioner.
C. A door sill, window sill or the base of any other opening in the outer walls of a structure or
any gravity connected sewer opening constructed at an elevation not lower than the FPE,
except at the point of access for an interior truck dock which must be at least one and one -
half (1 -1/2) feet above the Base Flood Elevation.
D. All structures floodproofed, watertight and designed to prevent sewer backup and
groundwater seepage according to standards approved by the Building Commissioner.
E. The elevation of the ground for a minimum distance of twenty -five (25) feet immediately
surrounding any building or structure erected or moved within or adjacent to a SFHA at an
elevation which is not less than one (1) foot above the Base Flood Elevation and no portion
of the lot or parcel below the Base Flood Elevation.
36
Chapter 18.22
VARIANCES
Sections:
18.22.010
General
18.22.020
Requirements
18.22.030
Notice
18.22.040
Historic sites
Section 18.22.010 General — No variances shall be granted to any development located in a
designated floodway as defined in Section 18.04.170 "Designated floodway ". However, when a
development proposal is located outside of a designated floodway, and whenever the standards
of this Title place undue hardship on a specific development proposal, the applicant may apply to
the Corporate Authorities for a variance. Upon proper application and after fifteen (15) days
notice of public hearing, the Plan Commission or Corporate Authorities shall review the
applicant's request for a variance and shall submit its recommendation to the Corporate
Authorities. The Corporate Authorities may attach such conditions to granting of a variance, as it
deems necessary to further the intent of this Title.
Section 18.22.020 Requirements — No variance shall be granted unless the applicant
demonstrates that all the following conditions are met:
A. The development activity cannot be located outside the SFHA.
B. An exceptional hardship would result if the variance were .not granted.
C. The relief requested is the minimum necessary.
D. There will be no additional threat to public health, safety; beneficial stream uses and
functions, especially aquatic habitat, or creation of a nuisance.
E. There will be no additional public expense for flood protection, lost environmental stream
uses and functions, rescue or relief operations, policing, or repairs to streambeds and banks,
roads, utilities,or other public facilities.
F. The provisions of Sections 18.12.030, 18.12.070, 18.12.080, 18.16.050, 18.16.060 and
18.16.070 if this Title shall be met.
G. The activity is not in a designated floodway.
H. The applicant's circumstances are unique and do not establish a pattern inconsistent with the
intent of the NFIP.
I. The granting of the variance will not alter the essential character of the area involved
including existing stream uses.
J. All other required state and federal permits or waivers have been obtained.
Section 18.22.030 Notice — The Village Engineer shall notify an applicant in writing that a
variance from the requirements of Chapter 18.18 that would lessen the degree of protection to a
building will:
A. Result in increased premium rates for flood insurance up to amounts as high as $25 per $100
of insurance coverage;
37
B. Increase the risks to life and property; and
C. Require that the applicant proceed with knowledge of these risks and that the applicant will
acknowledge in writing the assumption of the risk and liability.
Section 18.22.040 Historic sites — Variances requested in connection with restoration of a historic
site or historic structure as defined in Section 18.04.350 "Historic structure ", may be granted
using criteria more permissive than the requirements of Sections 18.22.020 and 18.22.030,
subject to the conditions that the repair or rehabilitation is the minimum necessary to preserve the
historic character and design of the structure and the repair or rehabilitation will not result in the
structure being removed as a certified historic structure.
Chapter 18.24
PENALTY
SECTIONS:
18.24.010 General
18.24.020 Penalty
18.24.030 Abrogation and greater restrictions
Section 18.24.010 General — The degree of flood protection required by this Title 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 Title does not imply that development, either
inside or outside of the SFHA, will be free from flooding or damage. This Title does not create
liability on the part of the Village or any officer or employee thereof for any flood damage that
results from reliance on this Title or-any administrative decision made lawfully thereunder.
Section 18.24.020 Penalty — Failure to obtain a permit for development in the SFHA or failure to
comply with the requirements of a permit or conditions of a variance resolution shall be deemed
to be a violation of this Title. Upon due investigation, the Village attorney, or engineer may
determine that a violation of the minimum standards of this Title exist. The Village Engineer shall
notify the owner in writing of such violation.
A. If such owner fails after ten days notice to correct the violation:
1. The Village may make application to the Circuit Court for an injunction- requiring
conformance with this Title or make such other order as the Court deems necessary to
secure compliance with this Title.
2. Any person who violates this Title shall be punished according to the provisions of
Chapter 1.08 of the Buffalo Grove Municipal Code.
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 Village Engineer 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.
38
C. The Village Engineer is authorized to issue an order requiring the suspension of the subject
development. The stop -work shall be in writing, shall indicate the reason for the issuance,
and shall order the action, if necessary, to resolve the circumstances requiring the stop -work
order. The stop -work order constitutes a suspension of the permit.
D. No site development permit shall be permanently suspended or revoked until a hearing is
held by the Corporate Authorities. Written notice of such hearing shall be served on the
permittee and shall state: (1) the grounds for compliant or reasons for suspension or
revocation; and (2) the time and place of hearing. At such hearing, the permittee shall be
given an opportunity to present evidence on his /her behalf. At the conclusion of the hearing,
the Corporate Authorities shall determine whether the permit shall be suspended or revoked.
E. 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.
Section 18.24.030 Abrogation and greater restrictions — The Ordinance codified in this Title
repeals and replaces other ordinances adopted by the Corporate Authorities to fulfill the
requirements of the National Flood Insurance Program including Ordinances 79 -40, 81 -51, 85 -33,
87 -31, 89 -15, and 90 -28. However, the Ordinance codified in this Title does not repeal the
original resolution or ordinance adopted to achieve eligibility in the Program, nor does it repeal,
abrogate or impair any existing easements, covenants or deed restrictions. Where the Ordinance
codified in this Title and other ordinances, -easements, covenants or deed restrictions conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
Section 2: The provisions and sections of this Ordinance shall be deemed separable
and the invalidity of any portion of this Ordinance. shall not affect-the validity of the remainder.
Section 3: This Ordinance shall be in full. force and effect from and after its passage and
approval and publication. This Ordinance may be,published in pamphlet form.
AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling. Rubin
NAYES: 0 - None
ABSENT:
0 - None
PASSED:
March 19 2007
APPROVED:
March 19 2007
PUBLISHED:
March 20 2007
ATTEST:
S `e4Tg .
Village rk
APPROVED:
Village President
39
APPENDIX A TO TITLE 18,
FLOODPLAIN REGULATIONS OF THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
FEMA FLOOD INSURANCE STUDY MAPS & PROFILES
Community Name
Community
Member
Date of Current
Effective Map (or
Map Index)
Lake County
Panel Numbers
Effective FIS
Study Date
Buffalo Grove
170068#
Sept. 03, 1997
17097CO253F
Nov. 06, 2000
Community Name
Member
Sept. 03, 1997
17097CO254F
Nov. 06, 2000
Buffalo Grove
170068#
Sept. 03, 1997
17097CO261F
Nov.06,2000
Sept. 03, 1997
17097CO262F
Nov. 06, 2000
Nov. 06, 2000
17097CO263H
Nov. 06, 2000
Nov. 06, 2000
17097C264G
Nov. 06, 2000
Sept. 07, 2000
17097CO266G
Nov. 06, 2000
Nov. 06, 2000
17097C270G
Nov. 06, 2000
Date of Current
Community
Effective Map (or
Cook County
Effective FIS
Community Name
Member
Map Index)
Panel Numbers
Study Date
Buffalo Grove
170068#
Nov. 06, 2000.
17031C0063F
April 16, 2007
April 16, 2007
17031C0064G
April 16, 2007