CHAPTER 23.
REGULATIONS TO MINIMIZE FLOODING AND FLOOD DAMAGE TO PROPERTIES
Sec. 23-1. – Purpose.
This Chapter is enacted pursuant to the police powers granted to this Village by the Illinois Municipal Code (65 ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8, and 5/11-31-2) in order to accomplish the following purposes:
(a) To prevent unwise developments from increasing flood or drainage hazards to others;
(b) Protect new buildings and major improvements to buildings from flood damage;
(c) To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, as well as flood rescue and relief operations;
(d) To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations;
(e) Maintain property values and a stable tax base by minimizing the potential for creating blight areas;
(f) Make federally subsidized flood insurance available, and
(g) To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
Sec. 23-2. – Definitions.
For the purposes of this Chapter, the following definitions are adopted:
Base flood means the flood has a one percent probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood. The base flood elevation at any location is as defined in sections 23-3 of this Chapter.
Base flood elevation (BFE) means the elevation in relation to the mean sea level of the crest of the base flood.
Basement means that portion of a building has its floor subgrade (below ground level) on all sides.
Building means a walled and roofed structure, including gas or liquid storage tank that is principally above ground, including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year.
A critical facility means 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).
Development means any man-made change to real estate including, but not necessarily limited to:
(1) Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;
(2) Substantial improvement of an existing building;
(3) Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days per year;
(4) Installation of utilities, construction of roads, bridges, culverts, or similar projects;
(5) Construction or erection of levees, dams, walls, or fences;
(6) Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;
(7) Storage of materials, including the placement of gas and liquid storage tanks and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.
“Development” does not include routine maintenance of existing buildings and facilities, resurfacing roads, gardening, plowing, and similar practices that do not involve filing, grading, or construction of levees.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA means the Federal Emergency Management Agency.
A flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
Flood fringe means that portion of the floodplain outside of the regulatory floodway.
A flood insurance rate map is a map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHS) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.
A flood insurance study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations.
Floodplain and special flood hazard area (SFHA). These two terms are synonymous. Those lands within the jurisdiction of the Village of New Milford, the extraterritorial jurisdiction of the Village of New Milford, or that may be annexed into the Village of New Milford that are subject to inundation by the base flood. The floodplains of the Village of New Milford are generally identified as such on panel number(s): 17201C0387 and 17201C0391 of the Flood Insurance Rate Map of Winnebago County and dated September 6, 2006; and 17201C0379 and 17201C383 of the Flood Insurance Rate Map of Winnebago County prepared by the Federal Emergency Management Agency and dated February 17, 2016. Floodplain also includes those areas of known flooding as identified by the community.
The floodplains of those parts of unincorporated Winnebago Counties that are within the extraterritorial jurisdiction of the Village of New Milford or that may be annexed into the Village of New Milford are generally identified as such on the Flood Insurance Rate map prepared for Winnebago County by the Federal Emergency Management Agency and dated February 17, 2016.
Floodproofing means any combination of structural or nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate, property, and its contents.
Floodproofing certificate is a form published by the Federal Emergency management agency that is used to certify that a building has been designed and constructed to be structurally dry and floodproofed to the flood protection elevation.
Flood protection elevation (FPE) means the elevation of the base flood plus one foot of freeboard at any given location in the floodplain.
A floodway means that portion of the floodplain is required to store and convey the base flood. The floodway for the floodplains of the Kishwaukee River shall be as delineated on the panel number(s): 17201C0387 and 17201C0391 of the Flood Insurance Rate Map of Winnebago County and dated September 6, 2006; 17201C0379 and 17201C383 of the Flood Insurance Rate Map of Winnebago County prepared by the Federal Emergency Management Agency and dated February 17, 2016. The floodways for each of the remaining floodplains of the Village of New Milford shall be according to the best data available from federal, state, or other sources.
Freeboard means an increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions, and unpredictable effects such as those caused by ice or debris jams.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
(3) Individually listed on the state inventory of historic places by the Illinois Historic Preservation Agency.
(4) Individually listed on a local inventory of historic places that have been certified by the Illinois Historic Preservation Agency.
IDNR/OWR means the Illinois Department of Natural Resources/Office of Water Resources.
IDNR/OWR Jurisdictional Stream – Illinois Department of Natural Resource Office of Water Resources has jurisdiction over any stream serving a tributary area of 640 acres or more in an urban area or in the floodway of any stream serving a tributary area of 6,400 acres or more in a rural area. Construction on these streams requires a permit from the Department. (Ill. Admin. Code tit. 17, pt. 3700.30). The Department may grant approval for specific types of activities by the issuance of a statement permit that meets the standards defined in Section 6 of this Chapter.
The lowest floor means the lowest floor of the lowest enclosed area (including the basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor. Provided that such enclosure is not built so as to render the structure in violation of the applicable non elevation design requirements of sections 23-7 of this Chapter.
A manufactured home is a structure transportable in one or more sections that are built on a permanent chassis and are designed to be used with or without a permanent foundation when connected to required utilities.
A manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.
New construction means structures for which the start of construction commenced or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements of such structures.
New manufactured home park, or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
NFIP means the National Flood Insurance Program.
Recreational vehicle or travel trailer means a vehicle that is:
(1) Built on a single chassis;
(2) Four hundred square feet or less in size;
(3) Designed to be self-propelled or permanently towable by a light-duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on average equals or exceeds 25 percent of the market value of the structure before the damage occurred.
SFHA. See definition of “floodplain.”
The start of construction includes substantial improvement and means the date the building permit was issued. This, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements, was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural parts of a building, whether or not that alteration affects the external dimensions of the building.
Structure. See “building.”
Substantial damage means damage of any origin sustained by a structure whereby the cumulative percentage of damage subsequent to the adoption of this Chapter equals or exceeds 50 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 definition).
Substantial improvement means any reconstruction, rehabilitation, addition, or improvement of a structure taking place subsequent to the adoption of this Chapter, in which the cumulative percentage of improvements:
Equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started, or Increases the floor area by more than 20 percent.
“Substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural parts of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work done.
The term does not include:
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions, or
(2) Any alteration of a structure listed on the National Register of Historic Places or the Illinois Register of Historic Places.
Violation means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the required federal, state, and/or local permits and elevation certification is presumed to be in violation until such time as the documentation is provided.
Sec. 23-3. – Base flood elevation.
This Chapter’s protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace the existing data with better data and submit it to the FEMA and IDNR/OWR for approval prior to any development of the site.
(a) The base flood elevation for the floodplains of the Kishwaukee River shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Winnebago County prepared by the Federal Emergency Management Agency and dated February 17, 2016.
(b) The base flood elevation for each floodplain delineated as an “AH zone” or “AO” zone shall be that elevation (or depth) delineated on the Flood Insurance Study of Winnebago County prepared by the Federal Emergency Management Agency and dated February 17, 2016.
(c) The base flood elevation for each of the remaining floodplains delineated as an A zone on the Flood Insurance Study of Winnebago County prepared by the Federal Emergency Management Agency and dated February 17, 2016, shall be according to the best data available from federal, state or sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations.
(d) The base flood elevation for the floodplains of those parts of unincorporated Winnebago County that are within the extraterritorial jurisdiction of the Village of New Milford or that may be annexed into the Village of New Milford shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Winnebago County prepared by the Federal Emergency Management Agency and dated February 17, 2016.
Sec. 23-4. – Duties of the Village Engineer.
The Village Engineer shall be responsible for the general administration of this Chapter and ensure that all development activities within the floodplains under the jurisdiction of the Village of New Milford meet the requirements of this Chapter.
Specifically, the Village Engineer shall:
(a) Process development permits in accordance with Section 23-5;
(b) Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of Section 23-6;
(c) Ensure that the building protection requirements for all buildings subject to Section 23-7 are met and maintain a record of the “as-built” elevation of the lowest floor (including basement) or flood proof certificate;
(d) Assure that all subdivisions and annexations meet the requirements of Section 23-8;
(e) Ensure that water supply and waste disposal systems meet the public health standards of Section 23-9;
(f) If a variance is requested, ensure that the requirements of Section 23-11 are met and maintain documentation of any variances granted;
(g) Inspect all development projects and take any and all penalty actions outlined in Section 23-13 as necessary to ensure compliance with this Chapter;
(h) Assure that applicants are aware of and obtain any and all other required locals, state, and federal permits;
(i) Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;
(j) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
(k) Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this Chapter;
(l) Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this Chapter;
(m) Perform site inspections to ensure compliance with this Chapter and make substantial damage determinations for structures within the floodplain, and
(n) Maintain the accuracy of floodplain maps, including notifying IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.
Sec. 23-5. – Development permit.
No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the Village Engineer.
The Village Engineer shall not issue a development permit if the proposed development does not meet the requirements of this Chapter.
(a) The application for a development permit shall be accompanied by:
(1) Drawings of the site, drawn to scale showing property line dimensions;
(2) Existing grade elevations and all changes in grade resulting from excavation or filling;
(3) The location and dimensions of all buildings and additions to buildings;
(4) The elevation of the lowest floor (including the basement) of all proposed buildings is subject to the requirements of Section 23-7 of this Chapter, and
(5) Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
(b) Upon receipt of an application for a development permit, the Village Engineer shall compare the elevation of the site to the base flood elevation. Any development located on land that is shown by survey elevation to be below the current base flood elevation is subject to the provisions of this ordinance. In addition, any development located on land shown to be below the base flood elevation and hydraulically connected to a flood source, but not identified as a floodplain on the current Flood Insurance Rate Map, is subject to the provisions of this ordinance. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site’s first Flood Insurance Rate Map is not in the floodplain and therefore not subject to the provisions of this ordinance.
The Village Engineer shall maintain documentation of the existing ground elevation at the development site and certifiable 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 permit-not-required letters that may be required for this type of activity. The Village Engineer shall not issue a permit unless all other federal, state and local permits have been obtained.
Sec. 23-6. – Preventing increased flood heights and resulting damages.
Within any floodway identified on the countywide flood insurance rate map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:
(a) Except as provided in subsection 23-6(b) of this Chapter, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:
(1) Bridge and culvert crossings of streams in rural areas meeting the following conditions of the Illinois Department of Natural Resources, Office of Water Resources Statewide Permit Number 2:
a. The crossing will not result in an increase in water surface profile elevation in excess of 1.0 foot, and
b. The crossing will not result in an increase in water surface profile elevation in excess of 0.5 feet at a point 1,000 feet upstream of the proposed structure.
c. There are no buildings in the area impacted by the increases in water surface profile.
d. The proposed bridge or culvert crossing will not involve straightening, enlarging, or relocating the existing channel.
e. The design must be certified by a registered professional engineer in the State of Illinois, and the designs must meet the conditions of an IDNR/OWR permit.
f. The design must be certified by a second registered professional engineer.
(2) Barge fleeting facilities meeting the following conditions of IDNR/OWR Statewide Permit Number 3:
a. The permit is only applicable when deadmen, pier cells, or other similar anchorage devices have been permitted by the U.S. Army Corps of Engineers.
(3) Aerial utility crossings meeting the following conditions of IDNR/OWR Statewide Permit Number 4;
a. The utility line must be constructed above the existing 100-year flood elevation or attached to an existing bridge.
b. A utility line attached to an existing bridge shall be constructed above the low cord elevation of the bridge.
c. No supporting towers or poles shall be located in a river, lake or stream.
d. Supporting towers, including foundations and poles, shall be designed and located so as not to cause an obstruction of flood flows by trapping debris.
e. All disturbed areas shall be returned to pre-construction grades and re-vegetated.
f. All Illinois Commerce Commission, National Electrical Safety Code, and federal requirements must be met.
(4) Minor boat docks meeting the following conditions of IDNR/OWR Statewide Permit Number 5:
a. The boat dock must not extend more than 50 feet into a waterway, and no more than one-quarter of the width of the waterway and shall not extend beyond the navigational limits established by the IDNR and Corps of Engineers.
b. The width of the boat dock shall not be more than ten feet.
c. For L-Shaped or T-shaped docks, the length of that portion parallel to the shoreline must not exceed 50 percent of the landowner’s shoreline frontage nor 50 feet.
d. Docks must be aligned so as not to cross the projection of property lines into the waterway or come within ten feet of the projected property line.
e. Dock posts must be marked by reflective devices.
f. The boat dock must be securely anchored to prevent detachment during times of high wind or water.
g. Metal drums or containers may not be used as buoyancy units unless they are filled with floatation foam.
Containers which previously stored pesticides, herbicides, or any other toxic chemicals are not permissible.
h. This permit does not authorize any other related construction activity such as shore protection or fill.
i. Nonfloating boat docks must be constructed in a manner which will minimize obstruction to flow.
j. At any future date, the permittee must agree to make necessary modifications to the dock as determined by the IDNR or Corp of Engineers
(5) Minor, nonobstructive activities meeting the following conditions of IDNR/OWR Statewide Permit Number 6:
a. The following activities (not involving fill or positive change in grade) are covered by this permit:
1. The construction of underground utility lines, wells, or septic tanks not crossing a lake or stream.
2. The construction of light poles, sign posts, and similar structures.
3. The construction of sidewalks, driveways, athletic fields (excluding fences), patios, and similar structures.
4. The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports.
5. The placement of properly anchored buildings not exceeding 70 square feet in size, nor ten square feet in any dimension. Only one such building on a property is authorized by this statewide permit.
6. The raising of existing buildings, provided no changes are made to the outside dimensions of the building and the placement of fill is not involved.
(6) Outfall structures and drainage ditch outlets meeting the following conditions of IDNR/OWR Statewide Permit Number 7:
a. Any outfall structure, including any headwall or end section, shall not extend riverward or lakeward of the existing adjacent natural bank slope or adjacent bank protection.
b. The velocity of the discharge shall not exceed the scour velocity of the channel soil unless channel erosion would be prevented by the use of riprap or other design measures.
c. Outlets from drainage ditches shall not be opened to a stream until the ditch is vegetated or otherwise stabilized to minimize stream sedimentation.
d. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.
(7) Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit Number 8:
a. In all cases, the crossing shall be placed beneath the bed of the river, lake, or stream, and unless the crossing is encased in concrete or entrenched in bedrock, a minimum of three feet of cover shall be provided. The river, lake, or streambed shall be returned to its original condition.
b. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.
c. Any utility crossing carrying material which may cause water pollution, as defined by the Environmental Protection Act (415 ILCS 5), shall be provided with shut-off valves on each side of the body of water to be crossed.
d. If blasting is to be utilized in the construction of the crossing, the permittee shall notify the IDNR/OWR at least ten days prior to the blasting date to allow monitoring of any related fish kills.
(8) Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit Number 9:
a. Only the following materials may be utilized in urban areas: stone and concrete riprap, steel sheet piling, cellular blocks, fabric-formed concrete, gabion baskets, rock and wire mattresses, sand/cement filled bags, geotechnical fabric materials, natural vegetation, and treated timber. Urban areas are defined as: areas of the state where residential, commercial, or industrial development currently exists or, based on land use plans or controls, is expected to occur within ten years. (The department should be consulted if there is a question of whether or not an area is considered urban).
b. In addition to the materials listed in subsection 23- 6(8)a., other materials (e.g., tire revetments) may be utilized in rural areas provided all other conditions of this permit are met.
c. The following materials shall not be used in any case: auto bodies, garbage or debris, scrap lumber, metal refuse, roofing materials, asphalt or other bituminous materials, or any material which would cause water pollution as defined by the Environmental Protection Act (415 ILCS 5).
d. The affected length of shoreline, stream bank, or channel to be protected shall not exceed, either singularly or cumulatively, 1,000 feet.
e. All material utilized shall be properly sized or anchored to resist anticipated forces of current and wave action.
f. Materials shall be placed in a way which would not cause erosion or the accumulation of debris on properties adjacent to or opposite the project.
g. Materials shall not be placed higher than the existing top of the bank.
h. Materials shall be placed so that the modified bank full-width and cross-sectional area of the channel will conform to or be no more restrictive than that of the natural channel upstream and downstream of the site.
For projects involving continuous placement of riprap along the bank, the toe of the bank, or other similar applications, in no case shall the cross-sectional area of the natural channel be reduced by more than ten percent nor the volume of material placed exceed two cubic yards per lineal foot of the stream bank or shoreline. The bank may be graded to obtain a flatter slope and to lessen the quantity of material required.
i. If broken concrete is used, all protruding materials such as reinforcing rods shall be cut flush with the surface of the concrete and removed from the construction area.
j. Disturbance of vegetation shall be kept to a minimum during construction to prevent corrosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of construction.
k. In the case of seawalls and gabion structures on lakes, the structure shall be constructed at or landward of the water line as determined by the normal pool elevation, unless:
1. It is constructed in alignment with an existing seawall(s) or gabion structure(s), and
2. The volume of material placed, including the structure, would not exceed two cubic yards per linear foot.
l. Excess material excavated during the construction of the bank or shoreline protection shall be placed in accordance with local, state, and federal laws and rules, shall not be placed in a floodway.
(9) Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit Number 10:
a. The accessory structure or building addition must comply with the requirements of the local floodplain ordinance.
b. The principle structure to which the project is being added must have been in existence on the effective date of this permit (July 25, 1988).
c. The accessory structure or addition must not exceed 500 square feet in size and must not deflect floodwaters onto another property, and
d. Must not involve the placement of any fill material.
e. No construction shall be undertaken in or within 50 feet of the bank of the stream channel.
f. The accessory structure or addition must be properly anchored to prevent its movement during flood conditions.
g. Only one accessory structure or addition to an existing structure shall be authorized by this permit; plans for any subsequent addition must be submitted to IDNR/OWR for review.
h. Disturbances of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas shall be seeded or otherwise stabilized upon completion of construction.
(10) Minor maintenance dredging activities meeting the following conditions of IDNR/OWR Statewide Permit Number 11:
a. The affected length of the stream shall not either singularly or cumulatively exceed 1,000 feet.
b. The project shall not include the construction of any new channel; all work must be confined to the existing channel or to reestablishing flows in the natural stream channel, and
c. The cross-sectional area of the dredged channel shall conform to that of the natural channel upstream and downstream of the site.
d. Dredged or spoil material shall not be disposed of in a wetland and shall be either:
1. Removed from the floodway;
2. Used to stabilize an existing bank, provided no materials would be placed higher than the existing top of the bank and provided the cross-sectional area of the natural channel would not be reduced by more than ten percent, nor the volume of material placed exceed two cubic yards per lineal foot of stream bank;
3. Used to fill an existing washed out or scoured floodplain area such that the average natural floodplain elevation is not increased;
4. Used to stabilize an existing levee provided the height of the levee would not be increased, nor its alignment changed;
5. Placed in a disposal site previously approved by the department in accordance with the conditions of the approval, or
6. Used for beach nourishment, provided the material meets all applicable water quality standards.
e. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be seeded or otherwise stabilized upon completion of construction.
(11) Bridge and culvert replacement structures and bridge widening meet the following conditions of IDNR/OWR statewide Permit Number 12:
a. A registered professional engineer shall determine and document that the existing structure has not been the cause of demonstrable flood damage. Such documentation shall include, at a minimum, confirmation that:
1. No buildings or structures have been impacted by the backwater induced by the existing structure, and
2. There is no record of complaints of flood damages associated with the existing structure.
b. A registered professional engineer shall determine that the new structure will provide the same or greater effective waterway opening as the existing structure. For bridge widening projects, the existing piers and the proposed pier extensions must be in line with the direction of the approaching flow upstream of the bridge.
c. The project shall not include any appreciable raising of the approach roads. (This condition does not apply if all points on the approaches exist at an elevation equal to or higher than the 100-year frequency flood headwater elevation as determined by a FEMA flood insurance study completed or approved by IDNR/OWR).
d. The project shall not involve the straightening, enlargement, or relocation of the existing channel of the river or stream except as permitted by the Department’s Statewide Permit Number 9 (Minor Shoreline, channel and Streambank Protection Activities) or Statewide Permit Number 11 (Minor Maintenance Dredging Activities).
e. The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above conditions.
(12) Temporary construction activities meeting the following conditions of IDNR/OWR Statewide Permit Number 13:
a. No temporary construction activity shall be commenced until the individual permittee determines that the permanent structure (if any) for which the work is being performed has received all required federal, state, and local authorizations.
b. The term “temporary” shall mean not more than one construction season. All temporary construction materials must be removed from the stream and floodway within one year of their placement and the area returned to the conditions existing prior to the beginning of construction. Any desired subsequent or repetitive material placement shall not occur without the review and approval of the IDNR/OWR.
c. The temporary project shall be constructed such that it will not cause erosion or damage due to increases in water surface profiles to adjacent properties. For locations where there are structures in the upstream floodplain, the temporary project shall be constructed such that all water surface profile increases due to the temporary project, are contained within the channel banks.
d. This permit does not authorize the placement or construction of any solid embankment or wall such as a dam, roadway, levee, or dike across any channel or floodway.
e. No temporary structure shall be placed within any river or stream channel until a registered professional engineer determines and documents that the temporary structure will meet the requirements of Special Condition Number 3 of this statewide permit. Such documentation shall include, at a minimum, confirmation that no buildings or structures will be impacted by the backwater induced by the temporary structure.
f. The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above condition.
g. Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of the removal of the temporary construction.
h. Materials used for the project shall not cause water pollution as defined by the Environmental Protection Act (415 ILCS 5).
(13) Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from state floodway permit requirements.
(b) Other development activities not listed in subsection 23-6(a) may be permitted only if:
(1) Permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required), or
(2) Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.
Sec. 23-7. – Protecting buildings.
(a) In addition to the damage prevention requirements of Section 23-6 of this Chapter, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
(1) Construction or placement of a new building or alteration or addition to an existing building valued at more than $1,000.00 or 70 square feet.
(2) Substantial improvements or structural alterations made to an existing building that increase the floor area by more than 20 percent or equal or exceed the market value by 50 percent. Alteration shall be figured cumulatively subsequent to the adoption of this Chapter. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section.
(3) Repairs made to a substantially damaged building. These repairs shall be figured cumulatively subsequent to the adoption of this Chapter. If substantially damaged, the entire structure must meet the flood protection standards of this section.
(4) Installing a manufactured home on a new site or a new manufactured home on an existing site. (The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.)
(5) Installing a travel trailer or recreational vehicle on a site for more than 180 days per year.
(6) Repetitive loss to an existing building as defined in sections 23-2.
(b) Residential or nonresidential buildings can meet the building protection requirements by one of the following methods:
(1) The building may be constructed on a permanent landfill in accordance with the following:
a. The lowest floor (including the basement) shall be at or above the flood protection elevation.
b. The fill shall be placed in layers no greater than six inches before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation.
c. The fill shall be protected against erosion and scour during flooding by the vegetative cover, riprap, or other structural measures.
d. The fill shall be composed of rock or soil and not incorporate debris or refuse material and e. Shall not adversely affect the flow of surface drainage from or onto neighboring properties, and when necessary, stormwater management techniques such as swales or basins shall be incorporated.
(2) The building may be elevated on solid walls in accordance with the following:
a. The building or improvements shall be elevated on stilts, piles, walls, crawlspace, or other foundation that is permanently open to flood waters.
b. All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage.
c. The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation.
d. If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of flood waters. Designs must either be certified by a registered professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade with a minimum of two openings. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation, and
e. The foundation and supporting members shall be anchored, designed, and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice, and floating debris.
1. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation, provided they are waterproofed.
2. The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space, or
3. In lieu of the above criteria, the design methods to comply with these requirements may be certified by a registered professional engineer or architect.
(3) The building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met.
a. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b. Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall has a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade.
c. The interior grade of the crawlspace below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade.
d. The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundation’s wall must not exceed four feet at any point.
e. An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event.
f. Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage, and
g. Utility systems within the crawlspace must be elevated above the flood protection elevation.
(c) Nonresidential buildings may be structurally dry floodproofed (in lieu of elevation) provided a registered professional engineer or architect certifies that:
(1) Below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood.
(2) The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice.
(3) Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.
(4) Levees, berms, floodwalls, and similar works are not considered floodproofing for the purpose of this subsection.
(d) Manufactured homes or travel trailers to be permanently installed on site shall be:
(1) Elevated to or above the flood protection elevation in accordance with subsection 23-7(b), and
(2) Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill. Adm. Code § 870.
(e) Travel trailers and recreational vehicles on site for more than 180 days per year shall meet the elevation requirements of section 23-7(d) unless the following conditions are met:
(1) The vehicle must be either self-propelled or towable by a light-duty truck.
(2) The hitch must remain on the vehicle at all times.
(3) The vehicle must not be attached to external structures such as decks and porches.
(4) The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling.
(5) The vehicle’s largest horizontal projections must be no larger than 400 square feet.
(6) The vehicle’s wheels must remain on axles and inflated.
(7) Air conditioning units must be attached to the frame so as to be safe for movement of the floodplain.
(8) Propane tanks, as well as electrical and sewage connections, must be quick-disconnect and above the 100-year flood elevation.
(9) The vehicle must be licensed and titled as a recreational vehicle or park model, and
(10) Must either:
a. Entirely be supported by jacks, or
b. Have a hitch jack permanently mounted, have the tires touching the ground, and be supported by the block in a manner that will allow the block to be easily removed by use of the hitch jack.
(f) Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted provided the following conditions are met:
(1) The garage of the shed must be non-habitable.
(2) The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later for another use.
(3) The garage or shed must be located outside of the floodway or have the appropriate state and/or federal permits.
(4) The garage or shed must be on a single-family lot and be an accessory to an existing principle structure on the same lot.
(5) Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage.
(6) All utilities, plumbing, heating, air conditioning, and electrical must be elevated above the flood protection elevation.
(7) The garage or shed must have at least one permanent opening on each wall not more than one foot above grade with one square inch of opening for every one square foot of floor area.
(8) The garage or shed must be less than $15,000.00 in market value or replacement cost, whichever is greater or less than 576 square feet.
(9) The structure shall be anchored to resist floatation and overturning.
(10) All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation.
(11) The lowest floor elevation should be documented, and the owner should be advised of the flood insurance implications.
Sec. 23-8. – Subdivision requirements.
The Village of New Milford shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development.
(a) New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protections standards of Sections 23-6 and 23-7 of this Chapter. Any proposal for such development shall include the following data:
(1) The base flood elevation and the boundary of the floodplain, where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation;
(2) The boundary of the floodway, when applicable, and
(3) A signed statement by a registered professional engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 205/2).
Streets, block 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.
Sec. 23-9. – Public health and other standards.
(a) Public health standards must be met for all floodplain development. In addition to the requirements of Sections 23-6 and 23-7 of this Chapter, the following standards apply:
(1) No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of Section 23-7 of this Chapter.
(2) Public utilities and facilities such as sewer, gas, and electric shall be located and constructed to minimize or eliminate flood damage.
(3) Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(4) New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above-ground openings located below the flood protection elevation shall be watertight.
(5) Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 500-year flood frequency elevation or three feet above the level of the 100-year flood frequency elevation, whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities.
(b) All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
Sec. 23-10. – 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 of New Milford shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.
Sec. 23-11. – Variances.
Whenever the standards of this Chapter place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board of Appeals for a variance. The Zoning Board of Appeals shall review the applicant’s request for a variance and shall submit its recommendation to the Village Board. The Village Board may attach such conditions to granting of a variance as it deems necessary to further the intent of this Chapter.
(a) No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(1) The development activity cannot be located outside the floodplain.
(2) An exceptional hardship would result if the variance were not granted.
(3) The relief requested is the minimum necessary.
(4) There will be no additional threat to public health, safety, or the creation of a nuisance.
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.
(6) The applicant’s circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP, and
(7) All other state and federal permits have been obtained.
(b) The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protections standards of Section 23-7 that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance coverage;
(2) Increase the risk to life and property, and
(3) Require that the applicant proceeds with knowledge of these risks and that the applicant acknowledges in writing the assumption of the risk and liability.
(c) Historic Structures
a. Variances to the building protection requirements of Section 23-7 of this Chapter which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined in historic structures, may be granted using criteria more permissive than the requirements of Sections 23-6 and 23- 7 of this Chapter subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure.
(2) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(d) Agriculture
Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building’s unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in this ordinance.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at grade and wet floodproofed.
a. All agricultural structures considered for a variance from the floodplain management regulations of this ordinance shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures or animal confinement facilities, such as farmhouses, cannot be considered agricultural structures.
b. Use of the varied structures must be limited to agricultural purposes in zone A only as identified on the community’s Flood Insurance Rate Map (FIRM).
c. For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Section 7 of this ordinance.
d. The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Section 7 of this ordinance. All of the building’s structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, hydrodynamic, and debris impact forces. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 7 of this ordinance.
e. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 7(B) of this ordinance.
f. The agricultural structures must comply with the floodplain management floodway provisions of Section 6 of this ordinance. No variances may be issued for agricultural structures within any designated floodway.
g. Wet-floodproofing construction techniques must be reviewed and approved by the floodplain administrator and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
Sec. 23-12. – Disclaimer of liability.
The degree of protection required by this Chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur, or flood heights may be increased by man-made or natural causes. This Chapter does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This Chapter does not create liability on the part of the Village of New Milford or any officer or employee thereof for any flood damage that results from proper reliance on this Chapter or any administrative decision made lawfully thereunder.
Sec. 23-13. – Penalty.
Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this Chapter. Upon due investigation, the Village Engineer may determine that a violation of the minimum standards of this Chapter exists. 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 of New Milford shall make an application to the circuit court for an injunction requiring conformance with this Chapter or make such other order as the court deems necessary to secure compliance with the ordinance.
(2) Any person who violates this Chapter shall upon conviction thereof be fined not less than $50.00 or more than $750.00 for each offense.
(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues, and
(4) The Village of New Milford shall record a notice of violation on the title of the property.
(b) The Board of Trustees for the Village of New Milford 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.
The Board of Trustees for the Village of New Milford is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
No site development permit shall be permanently suspended or revoked until a hearing is held by the New Milford Zoning Board of Appeals. Written notice of such hearing shall be served on the permittee and shall state:
(1) The grounds for the complaint, reasons for suspension or revocation, and
(2) The time and place of the hearing.
At such hearing the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the New Milford Zoning Board of Appeals shall determine whether the permit shall be suspended or revoked.
(c) Nothing herein shall prevent the Village of New Milford from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
Sec. 23-14. – Abrogation and greater restrictions.
This Chapter repeals and replaces other ordinances adopted by the Village Board to fulfill the requirements of the National Flood Insurance Program. However, this ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this Chapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Chapter and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Feb. 2017, villageofnewmilford.com/wp-content/uploads/2021/05/New-Milford-Code-of-Ordinances-February-2017.pdf.
