Chapter 20: Flood Plain

Sec. 20-1. Purpose

This ordinance is enacted pursuant to the police powers granted to this Village by the Illinois Municipal
Code (65 IL. Compiled Statutes 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:

1. To prevent unwise developments from increasing flood or drainage hazards to others;

2. To protect new buildings and major improvements to buildings from flood damage;

3. To lessen the burden on the taxpayer for flood control , repairs to public facilities and utilities, as
well as flood rescue and relief operations;

4. To maintain property values and a stable tax base by minimizing the potential for creating blight
areas;

5. To make federally subsidized flood insurance available, and

6. To preserve the natural characteristics and functions of watercourses and floodplains in order to
moderate flood and storm water 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. 20-2. Definitions

For the purposes of this ordinance, the following definitions are adopted:

Base Flood. The flood having a one -percent (1%) probability of being equaled or exceeded in any given
year. The base flood is also known as the 100 -year flood. The base flood elevation at any loc ation is as
defined in Section 3 of this ordinance.

Base Flood Elevation (BFE). The elevation in relation to mean sea level of the crest of the base flood.

Basement. That portion of a building having its floor sub-grade (below ground level) on all sides.

Building. 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 one hundred eighty (180) days
per year.

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 home 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. 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 one hundred eighty (180) days per year;

4. Installation of utilities, construction of roads, bridges, culverts or similar projects;

5. Construction or erection of levees, dams, walls, or fences;

6. Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground
surface;

7. Storage of materials including the placement of gas and liquid storage tanks; and

8. Channel modifications or any other activity that might change the direction, height, or velocity of
flood or surface waters.

“Development” does not include routine maintenance of existing buildings and facilities; resurfacing
roads; or gardening, plowing, and similar practices that do not involve filling, grading, or construction of
levees.

Existing Manufactured Home Park or Subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or
buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional
sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).

FEMA. Federal Emergency Management Agency

Flood. A general and temporary condition of partial or complete inundation of normally dry land areas
from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
Flood Fringe. That portion of the floodplain outside of the regulatory floodway.

Flood Insurance Rate Map. A map prepared by the Federal Emergency Management Agency that
depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance
rate zones and may or may not depict floodways and show base flood elevations.

Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations.

Floodplain and Special Flood Hazard Area (SFHA). These two terms are synonymous. Those lands
within the jurisdiction of the Village of Durand, the extraterritorial jurisdiction of the Village of Durand, or
that may be annexed into the Village of Durand that are subject to inundation by the base flood. The
floodplains of the Village of Durand are generally identified as such on panel number(s) 0079D, 0083D and
0087D of the countywide Flood Insurance Rate Ma p of Winnebago County prepared by the Federal
Emergency Management Agency and dated September 6, 2006. Floodplain also includes those areas of known
flooding as identified by the community.

The floodplains of those parts of unincorporated Winnebago County that are within the extraterritorial
jurisdiction of the Village of Durand or that may be annexed into the Village of Durand are generally identified
as such on the Flood Insurance Rate map prepared for Winnebago County by the Federal Emergency
Management Agency and dated September 6, 2006.

Floodproofing. Any combination of structural or non -structural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate, property and their contents.

Floodproofing Certificate. A form published by the Federal Emergency Management Agency that is used
to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood
protection elevation.

Flood Protection Elevation (FPE). The elevation of the base flood plus one foot of freeboard at any
given location in the floodplain.

Floodway. That portion of the floodplain required to store and convey the base flood. The floodway for
the floodplains of Otter Creek shall be as delineated on the countywide Flood Insurance Rate Map of
Winnebago County prepared by FEMA and dated September 6, 2006. The floodways for each of the remaining
floodplains of the Village of Durand shall be according to the best data available from Federal, State, or other
sources.

Freeboard. An increment of elevation added to the base flood elevation to provide a factor of safety for
uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and
unpredictable effects such as those caused by ice or debris jams.

Historic Structure. Any structure that is:

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 has been certified by the Illinois
Historic Preservation Agency.

IDNR/OWR. Illinois Department of Natural Resources/Office of Water Resources.

Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a
basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable non -elevation design requirements of Section 7 of this
ordinance

Manufactured Home. A structure transportable in one or more sections, that is built on a permanent
chassis and is designed to be used with or without a permanent foundation when connected to required utilities.

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or
more lots for rent or sale.

New Construction. Structures for which the start of construction commenced on or after the effective
date of floodplain management regulations adopted by a community and includes any subsequent
improvements of such structures.

New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or
buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the
floodplain management regulations adopted by a community.

NFIP. National Flood Insurance Program.

Recreational Vehicle or Travel Trailer. A vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) 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. Flood related damages sustained by a structure on two separate occasions during a ten-
year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds
twenty-five percent (25%) of the market value of the structure before the damage occurred.

SFHA. See definition of floodplain.

Start of Construction. Includes substantial improvement and means the date the building permit was
issued. This, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement
or other improvement, was within one hundred eighty (180) days of t he 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 sta ge of excavation or
placement of a manufactured home on a foundation. For a substantial improvement, actual start of
construction means the first alteration of any wall, ceiling, floor or other structural part of a building whether
or not that alteration affects the external dimensions of the building.

Structure. See “Building.”

Substantial Damage. Damage of any origin sustained by a structure whereby the cumulative percentage
of damage during the life of the building equals or exceeds fifty percent (50%) of the market value of the
structure before the damage occurred regardless of actual repair work performed. Volunteer labor and
materials must be included in this determination. The term includes “Repetitive Loss Buildings” (see
definition).

Substantial Improvement. Any reconstruction, rehabilitation, addition or improvement of a structure,
taking place during the life of the building in which the cumulative percentage of improvements:

1. Equals or exceeds fifty percent (50%) of the market value of the structure before the improvement
or repair is started, or

2. Increases the floor area by more than twenty percent (20%).

“Substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that alteration affects the external dimensions
of the structure. Th is term includes structures which 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 which are solely necessary to assure safe living conditions, or

2. Any alteration of a structure listed on the National Register of Historic Places or the Illinois
Register of Historic Places.

Violation. The failure of a structure or other development to be fully compliant with the community’s
floodplain management regulations. A structure or other development without the required federal, state
and/or local permits and elevation certification is presumed to be in violation until such time as the
documentation is provided.

Sec. 20-3. Base Flood Elevation

This ordinance’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:

1. The base flood elevation for the floodplains of Otter Creek shall be as delineated on the 100 -year
flood profiles in the countywide Flood Insurance Study of Winnebago County prepared by the Federal
Emergency Management Agency and dated September 6, 2006.

2. The base flood elevation for each floodplain delineated as an “AH Zone” or “AO Zone” shall be that
elevation (or depth) delineated on the countywide Flood Insurance Rate Map of Winnebago County.

3. The base flood elevation for each of the remaining floodplains delineated as an “A Zone” on the
countywide Flood Insurance Rate Map of Winnebago County shall be according to the best data
available from federal, state or other sources. Should no other data exist, an engineering study must be
financed by the applicant to determine base flood elevations.

4. The base flood elevation for the floodplains of those parts of unincorporated Winnebago County that
are within the extraterritorial jurisdiction of the Village of Durand, or that may be annexed into the
Village of Durand, 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 September
6, 2006.

Sec. 20-4. Duties of the Superintendent of Public Works

The Superintendent of Public Works shall be responsible for the genera l administration of this ordinance
and ensure that all development activities within the floodplains under the jurisdiction of the Village of Durand
meet the requirements of this ordinance. Specifically, the Superintendent of Public Works shall:

A. Process development permits in accordance with Section 5;

B. Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the
damage prevention requirements of Section 6;

C. Ensure that the building protection requirements for all buildings subject to Section 7 are met and
maintain a record of the “as -built” elevation of the lowest floor (including basement) or floodproof
certificate;

D. Assure that all subdivisions and annexations meet the requirements of Section 8;

E. Ensure that water supply and waste disposal systems meet the Public Health standards of Section 9;

F. If a variance is requested, ensure that the requirements of Section 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 1 3 as
necessary to ensure compliance with this ordinance;

H. Assure that applicants are aware of and obtain any and all other required local, state, and federal
permits;

I. Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a
watercourse;

J. Provide information and assistance to citizens upon request about permit procedures and floodplain
construction techniques;

K. Cooperate with state and federal floodplain management agencies to coordinate base flood data and to
improve the administration of this ordinance;

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 ordinance;

M. Perform site inspections to ensure compliance with this ordinance 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 (6) months whenever a modification of the floodplain may change
the base flood elevation or result in a change to the floodplain map.

Sec. 20-5. 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 Superintendent of Public
Works. The Superintendent of Public Works shall not issue a development permit if the proposed
development does not meet the requirements of this ordinance.

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 basement) of all proposed buildings subject to the
requirements of Section 7 of this ordinance, 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 Superintendent of Public Works shall
compare the elevation of the site to the base flood elevation. Any development located on land that
can be shown by survey data to have been higher than the current base flood elevation and which has
not been filled after the date of the site’s first Flood Insurance Rate Map is not in the floodplain and
therefore not subject to the requirements of this ordinance. Conversely, any development located on
land shown to be below the base flood elevation and hydraulically connected, but not shown on the
current Flood Insurance Rate Map, is subject to the provisions of this ordinance.

The Superintendent of Public Works 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 Superintendent of Public Works 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 Superintendent of Public Works shall not issue a permit unless
all other federal, state, and local permits have been obtained.

Sec. 20-6. Preventing Increased Flood Heights and Resulting Damages

Within any floodway identified on the countywide F lood 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 Section 20-6. (B) of this ordinance , 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:

a. 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:

i. The crossing will not result in an increase in water surface profile elevation in excess
of 1.0 feet, and

ii. The crossing will not result in an increase in water surface profile elevation in excess
of one half (0.5) feet at a point one thousand (1,000) feet upstream of the proposed
structure.

iii. There are no buildings in the area impacted by the increases in water surface profile.

iv. The proposed bridge or culvert crossing will not involve straightening, enlarging, or
relocating the existing channel.

v. 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.

vi. The design must be certified by a second registered professional engineer.

b. Barge fleeting facilities meeting the conditions of IDNR/OWR Statewide Permit No. 3;

i. 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.

c. Aerial utility cros sings meeting the following conditions of IDNR/OWR Statewide Permit
No. 4;

i. The utility line must be constructed above the existing 100 -year flood elevation or
attached to an existing bridge.
ii. A utility line attached to an existing bridge shall be constructed above the low cord
elevation of the bridge.

iii. No supporting towers or poles shall be located in a river, lake or stream.

iv. Supporting towers including foundation and poles shall be designed and located so as
to not cause an obstruction of flood flows by trapping debris.

v. All disturbed areas shall be returned to pre-construction grades and re-vegetated.

vi. All Illinois Commerce Commission, National Electrical Safety Code, and federal
requirements must be met.

d. Minor boat docks meeting the following conditions of IDNR/OWR Statewide Permit No. 5

i. The boat dock must not extend more than fifty (50) feet into a waterway and no more
than one quarter (¼) of the width of the waterway and shall not extend beyond the
navigational limited established by the IDNR and Corps of Engineers.

ii. The width of the boat dock shall not be more than ten (10) feet.

iii. For L-shaped or T -shaped docks, the length of that portion parallel to the shoreline
must not exceed fifty percent (50%) of the landowner’s shoreline frontage nor fifty
(50) feet.

iv. Docks must be aligned so as not to cross the projection of property lines into the
waterway or come within ten (10) feet of the projected property line.

v. Dock posts must be marked by reflective devices.

vi. The boat dock must be securely anchored to prevent detachment during times of high
wind or water.

vii. 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.

viii. This permit does not authorize any other related construction activity such as shore
protection or fill.

ix. Non-floating boat docks must be constructed in a manner which will minimize
obstruction to flow.

x. At any future date, the permittee must agree to make necessary modifications to the
dock as determined by the IDNR or Corps of Engineers.

e. Minor, non -obstructive activities meeting the conditions of IDNR/OWR Statewide Permit
No. 6:

i. 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 seventy (70)
square feet in size, nor ten (10) square feet in any dimension. Only one such
building on a property is authorized by this statewide permit.

6. The raising of existing buildings provided no changes are made to the
outside dimensions of the building and the placement of fill is not involved.

f. Outfall Structures and drainage ditch outlets meeting the following condition of IDNR/OWR
Statewide Permit Number 7:

i. 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.

ii. 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.

iii. Outlets from drainage ditches shall not be opened to a stream until the ditch is
vegetated or otherwise stabilized to minimize stream sedimentation.

1. 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.

g. Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide
Permit Number 8:

i. 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 (3) feet of cover shall be provided. The river, lake or stream bed shall be
returned to its original condition.

ii. 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.

iii. 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.

iv. If blasting is to be utilized in the construction of the crossing, the permittee shall
notify the IDNR/OWR at least ten (10) days prior to the blasting date to allow
monitoring of any related fish kills.

h. Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit Number
9:

i. 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 (10) years. (The
Department should be consulted if there is a question of whether or not an area is
considered urban.)

ii. In addition to the materials listed in Section 20 -6 (8)(a), other materials ( e.g., tire
revetments) may be utilized in rural areas provided all other conditions of this permit
are met.

iii. The following materials shall not be used in any case: auto bodies, garbage o r
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 Protections Act (415 ILCS 5).

iv. The affected length of shoreline, stream bank or channel to be protected shall not
exceed, either singularly or cumulatively, one thousand (1000) feet.

v. All material utilized shall be properly sized or anchored to resist anticipated forces of
current and wave action.

vi. 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.

vii. Materials shall not be placed higher than the existing top of the bank.

viii. Materials shall be placed so that the modified bank full -width and cross -sectional
area of the channel will conform to or be no more restrictive than that of the natural
channel upstream and downstream of the site. For projects involving continuous
placement of riprap along the bank, toe of the bank or other similar applications, in
no case shall the cross-sectional area of the natural channel be reduced by more than
ten percent (10%) nor the volume of material placed exceed two (2) 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.

ix. 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.

x. Disturbance of vegetation shall be kept to a minimum during construction to prevent
erosion and sedimentation. All disturbed areas shall be seeded or otherwise
stabilized upon completion of construction.

xi. 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 (2) cubic yards per lineal foot.

a. 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.

i. Accessory structures and additions to existing residential buildings meeting the conditions of
IDNR/OWR Statewide Permit Number 10:

i. The accessory structure or building addition must comply with the requirements of
the local floodplain ordinance.

ii. The principal structure to which the project is being added must have been in

existence on the effective date of this permit (July 25, 1988).

iii. The accessory structure or addition must not exceed five hundred (500) square feet in
size and must not deflect floodwaters onto another property, and

iv. Must not involve the placement of any fill material.

v. No construction shall be undertaken in, or within fifty (50) feet of the bank of the
stream channel.

vi. The accessory structure or addition must be properly anchored to prevent its
movement during flood conditions.

vii. 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.

viii. 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.

j. Minor maintenance dredging activitiesmeeting the following conditions of IDNR/OWR
Statewide Permit Number 11:

i. The affected length of the stream shall not either singularly or cumulatively exceed
one thousand (1000) feet.

ii. 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

iii. The cross-sectional area of the dredged channel shall conform to that of the natural
channel upstream and downstream of the site.

iv. Dredged or spoil material shall not be disposed of in a wetland and shall be either:

1. Removed from the floodway;

2. Used to stabilize an existing bank provided no materials would be placed
higher than the existing top of bank and provided the cross -sectional area of
the natural channel would not be reduced by more than ten percent (10%),
nor the volume of material placed exceed two (2) 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.

v. 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.

k. Bridge and culvert replacement structures and bridge widening meeting the following
conditions of IDNR/OWR Statewide Permit Number 12:

i. 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.

ii. 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.

iii. 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).

iv. 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).

v. The permittee shall maintain records of projects authorized by this permit necessary
to document compliance with the above conditions.

l. Temporary construction activities meeting the following conditions of IDNR/OWR Statewide
Permit Number 13:

i. 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.

ii. 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.

iii. 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.

iv. 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.

v. No temporary s tructure 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.

vi. The permittee shall maintain records of projects authorized by this permit necessary
to document compliance with the above condition.

vii. 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.

viii. Materials used for the project shall not cause water pollution as defined by the
Environmental Protection Act (415 ILCS 5).

m. 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 Section 20-6 (A) may be permitted only if:

a. Permit has been issued for the work by IDNR/OWR (or written documentation is provided
that an IDNR/OWR permit is not required), or

b. 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. 20-7. Protecting Buildings

A. In addition to the damage prevention requirements of Section 6 of this ordinance, 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:

a. Construction or placement of a new building or alteration or addition to an existing building
valued at more than $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 the life of the building. 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 the life of the building. If substantially damaged the entire structure must
meet the flood protection standards of this section.

d. 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.)

e. Installing a travel trailer or recreational vehicle on a site for more than one hundred eighty
(180) days per year.

f. Repetitive loss to an existing building as defined in Section 2.

B. Residential or non -residential buildings can meet the building protection requirements by one of the
following methods:

a. The building may be constructed on permanent land fill in accordance with the following:

i. The lowest floor (including basement) shall be at or above the flood protection
elevation.

ii. The fill shall be placed in layers no greater than six (6) inches before compaction and
should extend at least ten (10) feet beyond the foundation before sloping below the
flood protection elevation.

iii. The fill shall be protected against erosion and scour during flooding by vegetative
cover, riprap, or other structural measure.

iv. The fill shall be composed of rock or soil and not incorporate debris or refuse
materials; and

v. The fill shall not adversely affect the flow of surface drainage from or onto
neighboring properties and when necessary, storm water management techniques

such as swales or basins shall be incorporated.

b. The building may be elevated in accordance with the following:

i. The building or improvements shall be elevated on stilts, piles, walls, crawlspace, or
other foundation that is permanently open to flood waters.

ii. 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.

iii. 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 (1) permanent opening on each wall no more than one (1) foot
above grade with a minimum of two (2) openings. The openings shall provide a total
net area of not less than one (1) square inch for every one (1) square foot of enclosed
area subject to flooding below the base flood elevation, and

iv. The foundation and supporting members shall be anchored, designed and certified so
as to minimize exposure to hydrodynamic forces such as current, waves, ice and
floating debris.

1. All structural components below the flood protection elevation shall be
constructed of materials resistant to flood damage.

2. Water and sewer pipes, electrical and telephone lines, submersible pumps,
and other service facilities may be located below the flood protection
elevation provided they are waterproofed.

3. The area below the flood protection elevation shall be used solely for
parking or building access and not later modified or occupied as habitable
space, or

4. In lieu of the above criteria, the design methods to comply with these
requirements may be certified by a registered professional engineer or
architect.

c. The building may be constructed with a crawlspace located below the flood protection
elevation provided that the following conditions are met:

i. 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.

ii. 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 (1) square inch per one (1) square foot of enclosed area. The openings
shall be no more than one (1) foot above grade.

iii. The interior grade of the crawlspace below the flood protection elevation must not be
more than two (2) feet below the lowest adjacent exterior grade.

iv. The interior height of the crawlspace measured from the interior grade of the crawl
space to the top of the foundations wall must not exceed four (4) feet at any point.

v. 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.

vi. Portions of the building below the flood protection elevation must be constructed
with materials resistant to flood damage, and

vii. Utility systems within the crawlspace must be elevated above the flood protection
elevation.

C. Non-residential buildings may be structurally dry floodproofed (in lieu of elevation) provided a
registered professional engineer or architect certifies that:

a. Below the flood protection elevation, the structure and attendant utility facilities are
watertight and capable of resisting the effects of the base flood.

b. 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.

c. Floodproofing measures will be incorporated into the building design and operable without
human intervention and without an outside source of electricity.

d. 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:

a. Elevated to or above the flood protection elevation in accordance with Section 7(B), and

b. 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 one hundred eighty (180) days per year
shall meet the elevation requirements of Section 7(D) unless the following conditions are met:

a. The vehicle must be either self-propelled or towable by a light duty truck.

b. The hitch must remain on the vehicle at all times.

c. The vehicle must not be attached to external structures such as decks and porches.

d. The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather
than as a permanent dwelling.

e. The vehicle’s largest horizontal projections must be no larger than four hundred (400) square
feet.

f. The vehicle’s wheels must remain on axles and inflated.

g. Air conditioning units must be attached to the frame so as to be safe for movement of f the
floodplain.

h. Propane tanks as well as electrical and sewage connections must be quick -disconnect and
above the 100-year flood elevation.

i. The vehicle must be licensed and titled as a recreational vehicle or park model, and

j. Must either:

i. Entirely be supported by jacks, or

ii. Has a hitch jack permanently mounted, have the tires touching the ground and be
supported by 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:

a. The garage or shed must be non-habitable.

b. The garage or shed must be used only for the storage of vehicles and tools and cannot be
modified later into another usage.

c. The garage or shed must be located outside of the floodway or have the appropriate state
and/or federal permits.

d. The garage or shed must be on a single-family lot and be accessory to an existing principal
structure on the same lot.

e. Below the base flood elevation, the garage or shed must be built of materials not susceptible
to flood damage.

f. All utilities, plumbing, heating, air conditioning and electrical must be elevated above the
flood protection elevation.

g. The garage or shed must have at least one permanent opening on each wall not more than one
(1) foot above grade with one (1) square inch of opening for everyone (1) square foot of floor

area.

h. The garage or shed must be less than ten thousand dollars ($10,000) in market value or
replacement cost whichever is greater or less than five hundred (500) square feet.

i. The structure shall be anchored to resist floatation and overturning.

j. All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored
above the flood protection elevation.

k. The lowest floor elevation should be documented, and the owner advised of the flood
insurance implications.

Sec. 20-8. Subdivision Requirements

The Village of Durand Board of Trustees 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 20 -6 and 20 -7 of this ordinance. Any proposal for such
development shall include the following data:

a. 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);

b. The boundary of the floodway when applicable, and

c. 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, 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.

Sec. 20-9. Public Health and Other Standards

A. Public health standards must be met for all floodplain development. In addition to the requirements of
Sections 20-6 and 20-7 of this ordinance, the following standards apply:

a. 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 in a floodproofed building constructed
according to the requirements of Section 20-7 of this ordinance.

b. Public utilities and facilities such as sewer, gas and electric shall be located and constructed to
minimize or eliminate flood damage.

c. 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.

d. 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.

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 proofed 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. All other activities defined as development shall be designed so as not to alter flood flows or
increase potential flood damages.

Sec. 20-10. 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 Durand shall notify adjacent communities in writing thirty (30) days prior to the
issuance of a permit for the alteration or relocation of the watercourse.

Sec. 20-11. Variances

Whenever the standards of this ordinance place undue hardship on a specific development proposal, the
applicant may apply to the Village of Durand Zoning Board of Appeals for a variance. The Village of Durand
Zoning Board of Appeals shall review the applicant’s request for a variance and shall submit its
recommendation to the Village of Durand Board of Trustees. The Village of Durand Board of Trustees may
attach such conditions to granting of a variance as it deems necessary to further the intent of this ordinance.

A. No variance shall be granted unless the applicant demonstrates that all of the following conditions are
met:

a. The development activity cannot be located outside the floodplain.

b. An exceptional hardship would result if the variance was not granted.

c. The relief requested is the minimum necessary.

d. There will be no additional threat to public health, safety or creation of a nuisance.

e. There will be no additional public expense for flood protection, rescue or reli ef operations
policing, or repairs to roads, utilities, or other public facilities.

f. The applicant’s circumstances are unique and do not establish a pattern inconsistent with the
intent of the NFIP, and

g. All other state and federal permits have been obtained.

B. The Village of Durand Zoning Board of Appeals shall notify an applicant in writing that a variance
from the requirements of the building protections standards of Section 20 -7 that would lessen the
degree of protection to a building will:

a. Result in increased premium rates for flood insurance up to twenty -five dollars ($25.00) per
one hundred dollars ($100.00) of insurance coverage;

b. Increase the risk to life and property, and

c. Require that the applicant proceed with knowledge of these risks and the applicant
acknowledge in writing the assumption of the risk and liability.

C. Variances to the building protection requirements of Section 20 -7 of this ordinance 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 20-6 and 20-7 of this ordinance subject to the conditions that:

a. The repair or rehabilitation is the minimum necessary to preserve the historic character and
design of the structure.

b. The repair or rehabilitation will not result in the structure being removed as a certified historic
structure.

Sec. 20-12. Disclaimer of Liability

The degree of protection required by this ordinance 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 ordinance does not imply that
development either inside or outside of the floodplain will be free from flooding or damage. This ordinance
does not create liability on the part of th e Village of Durand or any officer or employee thereof for any flood
damage that results from proper reliance on this ordinance or any administrative decision made lawfully
thereunder.

Sec. 20-13. 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 ordinance. Upon due investigation, the
Superintendent of Public Works may determine that a violation of the minimum standards of this ordina nce
exists. The Superintendent of Public Works shall notify the owner in writing of such violation.

A. If such owner fails after ten (10) days’ notice to correct the violation:

a. The Village of Durand shall make application to the circuit court for an injunction requiring
conformance with this ordinance or make such other order as the court deems necessary to
secure compliance with the ordinance.

b. Any person who violates this ordinance shall upon conviction thereof be fined not less than
fifty dollars ($50) or more than seven hundred fifty ($750) for each offense.

c. A separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues, and

d. The Village of Durand shall record a notice of violation on the title of the property.

B. The Superintendent of Public Works 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 Superintendent of Public Works 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
Village of Durand 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 Village of Durand Zoning Board of Appeals shall determine whether the permit
shall be suspended or revoked.

C. Nothing herein shall prevent the Village of Durand 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. 20-14. Abrogation and Greater Restrictions

This ordinance repeals and replaces other ordinances adopted by the Village of Durand to fulfill the
requirements of the National Flood Insurance Program including the Flood Plain ordinance, Ordinance No.:
1999-6 adopted and passed on May 24, 1999.

However, this ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility
in the Program. Nor does this ordinance repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. Where this Ordinance and other ordinance easements, covenants, or deed restrictions conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.

Sec. 20-15. Separability

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.

Sec. 20-16. Effective Date

This ordinance shall be in full force and effect from and after its passage and approval and publication, as
required by law. (Ord. No. 2006-8; 8/14/06)