§ 8-942. 300.0 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means an act in relation to the regulation of the rivers, lakes and streams of the State, ILCS ch. 615, act 5, § 5 et seq.

Applicant means any person, firm, corporation or agency which submits an application.

Appropriate use means only uses of the designated floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in section 8-947(4).

Base flood means the flood having a one-percent probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event. Application of the base flood elevation at any location is as defined in section 8-948.

Building means a structure that is principally above ground and is enclosed by walls and a roof. The term "building" includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. The term "building" also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days, unless fully licensed and ready for highway use.

Channel means any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway, which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.

Channel modification means alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, rip-rapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of native vegetation from the bottom or banks. Channel modification does not include the clearing of dead or dying vegetation, debris, or trash from the channel. Channelization is a severe form of channel modification involving a significant change in the channel cross-section and typically involving relocation of the existing channel (e.g., straightening).

Compensatory storage means an artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off-site floodwater elevations and flows.

Conditional approval of a designated floodway map change means preconstruction approval by IDNR/OWR and FEMA of a proposed change to the floodway map. This preconstruction approval, pursuant to this part, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as-built plans.

Conditional letter of map revision (CLOMR) means a letter which indicates that FEMA will revise base flood elevations, flood insurance rate zones, flood boundaries or floodway as shown on an effective Flood Hazard Boundary Map or Flood Insurance Rate Map, once the as-built plans are submitted and approved.

Control structure means a structure designed to control the rate of flow that passes through the structure, given a specific upstream and downstream water surface elevation.

Dam means all obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Underground water storage tanks are not included.

Designated floodway means the channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by IDNR/OWR, which is needed to store and convey the existing 100-year frequency flood discharge with no more than a 0.1-foot increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent increase in velocities.

(1)

The floodways are designated for the Skokie Ditch, the Skokie River, and the North Branch of the Chicago River, on the Flood Insurance Rate Map Number 17031C, panels 234, 253, 255, and 260, prepared by FEMA, effective August 19, 2008.

(2)

The floodways for those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the village that may be annexed into the village are designated for the Skokie Ditch, the Skokie River, and the North Branch of the Chicago River, on the Flood Insurance Rate Map prepared by FEMA, effective August 19, 2008

(3)

To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the designated floodway map and located on a Site Plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the designated floodway boundary, IDNR/OWR should be contacted for the interpretation.

Development means any manmade change to real estate, including:

(1)

Construction, reconstruction, repair, or placement of a building or any addition to a building.

(2)

Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer or recreational vehicle on a site for more than 180 days. If the travel trailer or recreational vehicle is on site for less than 180 days, it must be fully licensed and ready for highway use.

(3)

Drilling, mining, installing utilities, construction of roads, bridges, or similar projects.

(4)

Demolition of a structure or redevelopment of a site.

(5)

Clearing of land as an adjunct of construction.

(6)

Construction or erection of levees, walls, fences, dams, or culverts; channel modification; filling, dredging, grading, excavating, paving, or other non-agricultural alterations of the ground surface; storage of materials; deposit of solid or liquid waste.

(7)

Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal; Development does not include maintenance of existing buildings and facilities such as re-roofing or re-surfacing of roads when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees.

Elevation certificates means a form published by FEMA that is used to certify the elevation to which a building has been elevated.

Erosion means the general process whereby soils are moved by flowing water or wave action.

Exempt organizations means organizations which are exempt from this appendix per Illinois Compiled Statutes (ILCS) including state, federal or local units of government.

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 (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) has been completed before April 1, 1990.

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 Federal Emergency Management Agency and its regulations at 44 CFR 59-79, revised as of October 1, 2001. This incorporation does not include any later editions or amendments.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood frequency means a period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.

Flood fringe means that portion of the floodplain outside of the designated floodway.

Flood insurance rate maps (FIRM) means a map prepared by FEMA that depicts the Special Flood Hazard Area (SFHA) within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways.

Floodplain means that land typically adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Floodplains may also include detached Special Flood Hazard Areas, ponding areas, etc. The floodplain is also known as the Special Flood Hazard Area (SFHA).

(1)

The floodplains are those lands within the jurisdiction of the village that are subject to inundation by the base flood or 100-year frequency flood. The SFHA's of the village are generally identified as such on Flood Insurance Rate Map Number 17031C, panels 234, 253, 255, and 260, prepared by FEMA, effective August 19, 2008.

(2)

The SFHA's of those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the village or that may be annexed into the village are generally identified as such on the Flood Insurance Rate Map prepared for Cook County by FEMA, effective August 19, 2008

Floodproofing means any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodproofing certificate means a form published by FEMA that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.

Flood protection elevation (FPE) means the elevation of the base flood or 100-year frequency flood plus one foot of freeboard at any given location in the SFHA.

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 preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminary determined by the Secretary of the Interior as contributing to the historic district or a district preliminary determined by the Secretary to qualify as a registered historic district;

(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.

Hydrologic and hydraulic calculations means engineering analysis which determine expected flood flows and flood elevations based on land characteristics and rainfall events.

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

Letter of map amendment (LOMA) means official determination by FEMA that a specific structure is not in a 100-year flood zone; amends the effective Flood Hazard Boundary Map (FHBM) or FIRM.

Letter of map revision (LOMR) means letter that revises base flood or 100-year frequency flood elevations, flood insurance rate zones, flood boundaries or floodways as shown on an effective FHBM or FIRM.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. The term "manufactured homes" also includes park trailers, travel trailers and other similar vehicles placed on site for more than 180 consecutive days. The term "manufactured home" does not include a recreational vehicle.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mitigation means mitigation includes those measures necessary to minimize the negative effects which floodplain development activities might have on the public health, safety and welfare. Examples of mitigation include compensatory storage, soil erosion and sedimentation control, and channel restoration. Mitigation may also include those activities taken to reduce a structure's susceptibility to flooding.

New manufactured home park or subdivision means manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) has been completed on or after April 1, 1990.

National Geodetic Vertical Datum of 1929 (NGVD) means reference surface set by the National Geodetic Survey deduced from a continental adjustment of all existing adjustments in 1929.

Natural means when used in reference to channels means those channels formed by the existing surface topography of the earth prior to changes made by man. A natural stream tends to follow a meandering path; its floodplain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no substantial alteration of the course or cross-section of the stream caused by filling or excavating. A modified channel may regain some natural characteristics over time as the channel meanders and vegetation is re-established. Similarly, a modified channel may be restored to more natural conditions by man through regrading and revegetation.

Ordinary high water mark (OHWM) means the point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics.

Public flood control project means a flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures which includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies.

Public bodies of waters means all open public streams and lakes capable of being navigated by watercraft, in whole or in part, for commercial uses and purposes, and all lakes, rivers, and streams which in their natural condition were capable of being improved and made navigable, or that are connected with or discharge their waters into navigable lakes or rivers within, or upon the borders of the State, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water directly accessible thereto.

Recreational vehicle or travel trailer means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Registered land surveyor means a land surveyor registered in the State, under The Illinois Land Surveyors Act. (ILCS ch. 225, act 330, § 1 et seq.)

Registered professional engineer means an engineer registered in the State, under The Illinois Professional Engineering Practice Act. (ILCS ch. 225, act 325, § 1 et seq.)

Repair, remodeling or maintenance means development activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure.

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 the average, equals or exceeds 25 percent of the market value of the structure before the damaged occurred.

Retention/detention facility means a retention facility stores stormwater runoff without a gravity release. A detention facility provides for storage of stormwater runoff and controlled release of this runoff during and after a flood or storm.

Riverine SFHA means any SFHA subject to flooding from a river, creek, intermittent stream, ditch, on stream lake system or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.

Runoff means the water derived from melting snow or rain falling on the land surface, flowing over the surface of the ground or collected in channels or conduits.

Sedimentation means the processes that deposit soils, debris, and other materials either on other ground surfaces or in bodies of water or watercourses.

Special flood hazard area (SFHA) means any base flood area subject to flooding from a river, creek, intermittent stream, ditch, or any other identified channel or ponding and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, A0, A1 30, AE, A99, AH, VO, V30, VE, V, M, E, D, or X.

Structure means the results of a manmade change to the land constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building; installing 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 unless they are fully licensed and ready for highway use.

Substantial damage means a building is considered substantially damaged when it sustains damage from any cause (fire, flood, earthquake, etc.), whereby the cost of fully restoring the structure would equal or exceed 50 percent of the pre-damage market value of the structure, regardless of the actual repair work performed. This term also includes structures which have incurred "repetitive loss."

Substantial improvement means:

(1)

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term "substantial improvement" also includes structures which have incurred repetitive loss.

(2)

For the purposes of this definition, 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 regardless of the actual work performed.

(3)

The term "substantial improvement" does not, however, include either:

a.

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

b.

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Transition section means reaches of the stream or floodway where water flows from a narrow cross-section to a wide cross-section or vice versa.

(Code 1993, app. 9A, § 300.0; Ord. No. 2000-O-65, 10-24-2000; Ord. No. 2008-O-45, 7-22-2008)