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(A) Designation of Administrator. The Common Council hereby appoints the Building and Planning Department Director to administer and implement the provisions of this subchapter and is herein referred to as the Floodplain Administrator.
(B) Floodplain development permit and certification requirements. An application for a floodplain development permit shall be made to the Floodplain Administrator for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his or her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Such applications shall include, but not be limited to plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
(1) Application stage.
(a) A description of the proposed development.
(b) Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams.
(c) A legal description of the property site.
(d) For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an existing building, a detailed quote and description of the total work to be completed including but not limited to interior work, exterior work, and labor as well as a certified valuation of the existing (pre-improved or pre-damaged) structure.
(e) A site development plan showing existing and proposed development locations and existing and proposed land grades.
(f) A letter from a licensed professional surveyor or engineering noting that an elevation reference benchmark has been established or confirmed for those projects requiring elevations to be met.
(g) Verification that connection to either a public sewer system or to an approved on-site septic system is available and approved by the respective regulatory agency for proposed structures to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater.
(h) Plans showing elevation of the top of the planned lowest floor (including basement) of all proposed structures in Zones A, AH, and AE. Elevation should be in NAVD 88.
(i) Plans showing elevation (in NAVD 88) to which any non-residential structure will be floodproofed.
(j) Plans showing location and specifications for flood openings for any proposed structure with enclosed areas below the flood protection grade.
(k) Plans showing materials to be used below the flood protection grade for any proposed structure are flood resistant.
(l) Plans showing how any proposed structure will be anchored to resist flotation or collapse.
(m) Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities are designed and/or located. Elevation should be in NAVD 88.
(n) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering analysis is required, and any watercourse changes submitted to DNR for approval. Once DNR approval is obtained, a FEMA conditional letter of map revision must be obtained prior to construction. (See §§ 152.188(C)(8) and 152.88(E) for additional information.)
(o) Any additional information, as requested by the Floodplain Administrator, which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this subchapter.
(2) Construction stage.
(a) Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall be the duty of the applicant to submit to the Floodplain Administrator an elevation certificate for the building under construction. The Floodplain Administrator shall review the elevation certificate. Any deficiencies detected during the review shall be corrected by the applicant before work is allowed to continue. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.
(3) Finished construction.
(a) Upon completion of construction of any structure requiring certification of elevation, an elevation certificate which depicts the “as-built” lowest floor elevation and other applicable elevation data is required to be submitted by the applicant to the Floodplain Administrator. The elevation certificate shall be prepared by or under the direct supervision of a registered land surveyor and certified by the same.
(b) Upon completion of construction of an elevated structure constructed on fill, a fill report is required to be submitted to the Floodplain Administrator to verify the required standards were met, including compaction.
(c) Upon completion of construction of a floodproofing measure, a floodproofing certificate is required to be submitted by the applicant to the Floodplain Administrator. The floodproofing certificate shall be prepared by or under the direct supervision of a registered professional engineer or architect and certified by same.
(C) Duties and responsibilities of the Floodplain Administrator. The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this subchapter. The Administrator is further authorized to render interpretations of this subchapter, which are consistent with its spirit and purpose. Duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
(1) Enforce the provisions of this subchapter.
(2) Evaluate application for permits to develop in special flood hazard areas to assure that the permit requirements of this subchapter have been satisfied.
(3) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(4) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met or refuse to issue the same in the event of noncompliance.
(5) Advise permittee that additional federal, state and/or local permits may be required. If specific federal, state and/or local permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit.
(6) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
(7) For applications to improve structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator shall:
(a) Verify and document the market value of the pre-damaged or pre-improved structure.
(b) Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre-damaged condition; or, the combined costs of improvements and repair, if applicable, to the market value of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, including work that might otherwise be considered routine maintenance. Items/activities that must be included in the cost shall be in keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policyholders within the community.
(c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of SUBSTANTIAL IMPROVEMENT for proposed work to repair damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of substantial.
(d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the applicable general and specific standards in § 152.189 of this subchapter are required.
(8) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse and submit copies of such notifications to FEMA.
(9) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to §§ 152.189(A)(1), 152.189(A)(3)(a) and 152.189(A)(4) of this subchapter. Maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment).
(10) Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if § 152.188(C)(9) is applicable.
(11) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(12) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 152.188(B).
(13) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with § 152.188(B).
(14) Make on-site inspections of projects in accordance with § 152.188(D).
(15) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood-damaged structure covered by a standard flood insurance policy into compliance (either a substantially damaged structure or a repetitive loss structure) to ensure eligibility for ICC funds.
(16) Ensure that an approved connection to a public sewer system or an approved on-site septic
system is planned for any structures (residential or non-residential) to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater.
(17) Provide information, testimony, or other evidence as needed during variance hearings.
(18) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with § 152.188(D).
(19) Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, letters of map change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and “as-built” elevation and floodproofing data for all buildings constructed subject to this subchapter in accordance with § 152.188(D).
(20) Coordinate map maintenance activities and associated FEMA follow-up in accordance with § 152.188(E).
(21) Utilize and enforce all letters of map change (LOMC) or physical map revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community.
(22) Request any additional information which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this subchapter.
(D) Administrative procedures.
(1) Inspections of work in progress. As the work pursuant to a permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and terms of the permit. In exercising this power, the Administrator has a right, upon presentation of proper credential, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
(2) Stop work orders.
(a) Upon notice from the Floodplain Administrator, work on any building, structure or premises that is being done contrary to the provisions of this subchapter shall immediately cease.
(b) Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
(3) Revocation of permits.
(a) The Floodplain Administrator may revoke a permit or approval, issued under the provisions of the subchapter, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
(b) The Floodplain Administrator may revoke a permit upon determination by the Floodplain Administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this subchapter.
(4) Floodplain management records.
(a) Regardless of any limitation on the period required for retention of public records, records of actions associated with the administration of this subchapter shall be kept on file and maintained under the direction of the Floodplain Administrator in perpetuity. These records include permit applications, plans, certifications, flood insurance rate maps; letter of map change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations required by this subchapter; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this subchapter.
(b) These records shall be available for public inspection at the Building and Planning Department, 158 West Franklin Street, Berne, Indiana.
(5) Periodic inspection. Once a project is completed, periodic inspections may be conducted by the Floodplain Administrator to ensure compliance. The Floodplain Administrator shall have a right, upon presentation of proper credential, to enter on any premises within the territorial jurisdiction of the Department at any reasonable hour for the purposes of inspection or other enforcement action.
(E) Map maintenance activities. To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the city's flood maps, studies and other data identified in §152.187(B) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to submit new technical data.
(a) For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries.
2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area.
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and subdivision or large scale development proposals requiring the establishment of base flood elevations.
(b) It is the responsibility of the applicant to have required technical data for a conditional letter of map revision or letter of map revision and submitted to FEMA. The Indiana Department of Natural Resources will review the submittals as part of a partnership with FEMA. The submittal should be mailed to the Indiana Department of Natural Resources at the address provided on the FEMA form (MT-2) or submitted through the online letter of map change website. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(c) The Floodplain Administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation.
(d) Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a letter of map revision from FEMA for any development proposal subject to this section.
(2) Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the President of the Common Council of the city, and may be submitted to FEMA at any time.
(3) Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the city have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Adams County and incorporated areas flood insurance rate map accurately represent the city's boundaries, include within such notification a copy of a map of the city suitable for reproduction, clearly showing the new corporate limits or the new area for which the city has assumed or relinquished floodplain management regulatory authority.
(F) Variance procedures.
(1) The Board of Zoning Appeals (the Board) as established by Common Council shall hear and decide appeals and requests for variances from requirements of this subchapter.
(2) The Board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this subchapter. Any person aggrieved by the decision of the Board may appeal such decision to the Adams County Circuit Court.
(3) In considering such applications, the Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this subchapter and:
(a) The danger to life and property due to flooding or erosion damage.
(b) The danger that materials may be swept onto other lands to the injury of others.
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d) The importance of the services provided by the proposed facility to the community.
(e) The necessity to the facility of a waterfront location, where applicable.
(f) The compatibility of the proposed use with existing and anticipated development.
(g) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(h) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(i) The expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters at the site.
(j) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(4) A written report addressing each of the above factors shall be submitted with the application for a variance.
(5) Variances from the provisions of this subchapter shall only be granted when the Board can make positive findings of fact based on evidence submitted at the hearing for the following:
(a) A showing of good and sufficient cause.
(b) A determination that failure to grant the variance would result in exceptional hardship as defined in §152.186.
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
(7) Any variance granted in a flood way subject to §§ 152.189(A)(1), 152.189(A)(3)(a) or 152.189(A)(4) will require a permit from the Indiana Department of Natural Resources. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(8) Variances to the provisions for flood hazard reduction of § 152.189 may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.
(10) Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use.
(11) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(12) Upon consideration of the factors listed above and the purposes of this subchapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this subchapter.
(13) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the flood protection grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(14) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request.
(Ord. 466, §§3-3-1, 3-5-1, passed 5-11-98; Am. Ord. 608, passed 9-13-10; Am. Ord. 763, passed 8-14-23) Penalty, see § 152.999
(A) Floodplain status standards.
(1) Floodways (riverine). Located within SFHAs, established in § 152.187(B), are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. Under the provisions of the Flood Control Act (I.C. 14-28-1) a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, and paving undertaken before the actual start of construction of the structure. General licenses and exemptions to the requirements of the Flood Control Act (I.C. 14-28-1 and 312 IAC 10) may apply to qualified additions/improvements to existing lawful residential structures, rural bridges, logjam removals, wetland restoration, utility line crossings, outfall projects, creek rock removal, and prospecting.
(a) If the site is in a regulatory floodway as established in § 152.187(B), the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for approval for construction in a floodway, provided the activity does not qualify for a general license or exemption (I.C. 14-28-1 or 312 IAC 10).
(b) No action shall be taken by the Floodplain Administrator until approval has been granted by the Indiana Department of Natural Resources for construction in the floodway, or evidence provided by an applicant that the development meets specified criteria to qualify for a general license or exemption to the requirement of the Flood Control Act. The floodplain development permit shall meet the provisions contained in this section.
(c) The floodplain development permit cannot be less restrictive than an approval issued for construction in a floodway issued by the Indiana Department of Natural Resources, or the specified criteria used to qualify for a general license or exemption to the Flood Control Act for a specific site/project. However, a community's more restrictive regulations (if any) shall take precedence.
(d) In floodway areas identified on the FIRM, development shall cause no increase in flood levels during the occurrence of the base flood discharge without first obtaining a conditional letter of map revision and meeting requirements of § 152.188(E)(1). A conditional letter of map revision cannot be issued for development that would cause an increase in flood levels affecting a structure and such development should not be permitted.
(e) In floodway areas identified by the Indiana Department of Natural Resources through detailed or approximate studies but not yet identified on the effective FIRM as floodway areas, the total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse effect is defined as an increase in the elevation of the regulatory flood of at least 0.15 of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses.
(f) For all projects involving channel modifications or fill (including levees) the city shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data per mapping standard regulations found at 44 CFR 65.12.
(2) Fringe (riverine). If the site is in the fringe (either identified on the FIRM or identified by the Indiana Department of Natural Resources through detailed or approximate studies and not identified on a FIRM), the Floodplain Administrator may issue the local floodplain development permit provided the provisions contained in this section have been met.
(3) SFHAs without established base flood elevation and/or floodways/fringes (riverine).
(a) Drainage area upstream of the site is greater than one square mile:
1. If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment.
2. No action shall be taken by the Floodplain Administrator until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license
qualification) or a floodplain analysis/regulatory assessment citing the 1% annual chance flood elevation and the recommended flood protection grade has been received from the Indiana Department of Natural Resources.
3. Once the Floodplain Administrator has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a floodplain development permit may be issued, provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this section have been met.
(b) Drainage area upstream of the site is less than one square mile:
1. If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and 1% annual chance flood elevation for the site.
2. Upon receipt, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in this section have been met.
(4) SFHAs not identified on a map.
(a) If a proposed development site is near a waterway with no SFHA identified on a map, the Floodplain Administrator shall verify the drainage area upstream of the site. If the drainage area upstream of the site is verified as being greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment.
(b) No action shall be taken by the Floodplain Administrator until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the 1% annual chance flood elevation and the recommended flood protection grade has been received from the Indiana Department of Natural Resources.
(c) Once the Floodplain Administrator has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a floodplain development permit may be issued, provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this section have been met.
(B) General standards. In all areas of special flood hazard, the following provisions are required:
(1) All new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(2) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.
(3) New construction and substantial improvements must incorporate methods and practices that minimize flood damage.
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at/above the FPG for residential structures. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG for non-residential structures. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
(5) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(8) Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this subchapter shall meet the requirements of new construction as contained in this subchapter.
(9) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres.
(10) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this subchapter applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
(11) Fill projects that do not involve a structure must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than three feet horizontal to one foot vertical.
(C) Specific standards. In all areas of special flood hazard where base flood elevation data or flood depths have been provided, as set forth in § 152.187(B), the following provisions are required:
(1) Building protection requirement. In addition to the general standards described in § 152.189(B), structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
(a) Construction or placement of a residential structure.
(b) Construction or placement of a non-residential structure.
(c) Addition or improvement made to an existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land). An addition and/or improvement project that is continuous in scope or time is considered as one project for permitting purposes.
(d) Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred (the costs of any proposed additions or improvements beyond restoring the damaged structure to its before damaged condition must be included in the cost).
(e) Installing a manufactured home on a new site or a new manufactured home on an existing site.
(f) Installing a travel trailer or recreational vehicle on a site for more than 180 days.
(g) Reconstruction or repairs made to a repetitive loss structure.
(h) Addition or improvement made to any existing structure with a previous repair, addition or improvement constructed since the community's first floodplain ordinance.
(2) Residential construction.
(b) In Zone A and Zone AE, new construction or substantial improvement of any residential structure shall have the lowest floor; including basement, at or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of § 152.189(C)(2)(c). Should fill be used to elevate a structure, the standards of § 152.189(C)(2)(d) must be met.
(c) Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement:
1. Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES report), or meet the following criteria for non-engineered flood openings:
a. Provide a minimum of two openings on different sides of an enclosure. If there are multiple enclosed areas, each is required to meet the requirements for enclosures, including the requirement for flood openings in exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area).
b. The bottom of all openings shall be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening.
c. If the floor of the enclosure is below the BFE, the openings must be located wholly below the BFE.
d. If the floor of the enclosure is at or above the BFE, but below the FPG, the openings must be located wholly below the FPG.
e. Doors and windows do not qualify as openings.
f. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
2. The floor of such enclosed area must be at or above grade on at least one side.
(d) A residential structure may be constructed on a fill in accordance with the following:
1. Fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the standard or modified proctor test method. The results of the test showing compliance shall be retained in the permit file.
2. Fill shall extend ten feet beyond the foundation of the structure before sloping below the BFE.
3. Fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than three feet horizontal to one foot vertical.
4. Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
5. Fill shall be composed of clean granular or earthen material.
(e) A residential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction.
(3) Non-residential construction.
(b) In Zone A and Zone AE, new construction, or substantial improvement of any commercial, industrial, or non-residential structure (excludes accessory structures) shall either have the lowest floor, including basement and, elevated to or above the FPG or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of § 152.189(C)(3)(c). Should fill be used to elevate a structure, the standards of § 152.189(C)(3)(d) must be met.
(c) Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement:
1. Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES report), or meet the following criteria for non-engineered flood openings:
a. Provide a minimum of two openings on different sides of an enclosure. If more than one enclosed area is present, each must have openings on exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area).
b. The bottom of all openings shall be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening.
c. If the floor of the enclosure is below the BFE, the openings must be located wholly below the BFE.
d. If the floor of the enclosure is at or above the BFE, but below the FPG, the openings must be located wholly below the FPG.
e. Doors and windows do not qualify as openings.
f. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
2. The floor of such enclosed area must be at or above grade on at least one side.
(d) A nonresidential structure may be constructed on fill in accordance with the following:
1. Shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the standard or modified proctor test method. The results of the test showing compliance shall be retained in the permit file.
2. Shall extend ten feet beyond the foundation of the structure before sloping below the BFE.
3. Shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than three feet horizontal to one foot vertical.
4. Shall not adversely affect the flow of surface drainage from or onto neighboring properties.
5. Shall be composed of clean granular or earthen material.
(e) A nonresidential structure may be floodproofed in accordance with the following:
1. A registered professional engineer or architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the Floodplain Administrator.
2. Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
(f) A nonresidential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction.
(4) Manufactured homes and recreational vehicles.
(a) These requirements apply to all manufactured homes to be placed on a site in the SFHA:
1. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
2. Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures § 152.189(C)(2)(c).
3. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
(b) Recreational vehicles placed on a site in the SFHA shall either:
1. Be on site for less than 180 days and be fully licensed and ready for use on a public highway (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
2. Meet the requirements for manufactured homes as stated earlier in this section.
(5) Accessory structures. Within SFHAs, new construction or placement of an accessory structure must meet the following standards:
(a) Shall have a floor area of 400 square feet or less.
(b) Use shall be limited to parking of vehicles and limited storage.
(c) Shall not be used for human habitation.
(d) Shall be constructed of flood resistant materials.
(e) Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters.
(f) Shall be firmly anchored to prevent flotation.
(g) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG.
(h) Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in § 152.189(C)(3)(c).
(i) Shall not have subsequent additions or improvements that would preclude the structure from its continued designation as an accessory structure.
(6) Free-standing pavilions, gazebos, decks, carports, and similar development. Within SFHAs, new construction or placement of free-standing pavilions, gazebos, decks, carports, and similar development must meet the following standards:
(a) Shall have open sides (having not more than one rigid wall).
(b) Shall be anchored to prevent flotation or lateral movement.
(c) Shall be constructed of flood resistant materials below the FPG.
(d) Any electrical, heating, plumbing and other service facilities shall be located at/above the FPG.
(e) Shall not have subsequent additions or improvements that would preclude the development from its continued designation as a free-standing pavilion, gazebo, carport, or similar open-sided development.
(7) Above ground gas or liquid storage tanks. Within SFHAs, all newly placed aboveground gas or liquid storage tanks shall meet the requirements for a non-residential structure as required in § 152.189
(C)(3).
(D) Standards for subdivision and other new developments.
(1) All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage.
(2) All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(3) All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood hazards.
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and all other proposed new development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres, whichever is less.
(5) All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA.
(6) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).
(7) 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.
(E) Standards for critical facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. 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 FPG shall be provided to all critical facilities to the extent possible.
(Ord. 466, §§ 3-6-1, 3-7-1, 3-8-1, passed 5-11-98; Am. Ord. 608, passed 9-13-10; Am. Ord. 763, passed 8-14-23) Penalty, see § 152.999
ADMINISTRATION AND ENFORCEMENT
(A) Zoning Administrator. The Plan Commission shall appoint the Zoning Administrator, who shall have the duty to enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the state and in the ordinances of the city.
(Ord. 466, § 4-13-1, passed 5-11-98)
(B) Membership of Commission.
(1) All members of the Plan Commission shall be residents of the jurisdiction of the city as defined in § 152.005. The Commission shall be made up of nine members as follows:
(a) Three members appointed by the Common Council, who must be elected or appointed municipal officials or employees in the municipal government, pursuant to I.C. 36-7-4-207(b)1.
(b) Four members appointed by the mayor, as citizen members, of whom no more than two may be of the same political party, pursuant to I.C. 36-7-4-207(b)2.
(c) Two members appointed by the County Executive, as citizen members, who must reside in the unincorporated area under the jurisdiction of the Plan Commission and not be of the same political party, pursuant to I.C. 37-7-4-214 (a).
(2) The term of office of the Commission shall be governed by I.C. 36-7-4-217, as it may be amended from time to time, for those members appointed from the municipal government and by I.C. 36-7-4-218 for citizen appointed members.
(Ord. 466, § 4-13-2, passed 5-11-98)
(C) Organization of Commission. The organization and procedures of the Commission, for the purposes of this chapter, shall be governed by the 300 series; Commission Organization of I.C. 36-7-4, as the same may be amended from time to time, and by any rule or regulation duly adopted by the Commission.
(Ord. 466, § 4-13-3, passed 5-11-98)
(D) Powers and duties of Commission. The duties of the Commission are governed by the provisions of the Advisory Plan Commission in I.C. 36-7-4-401, as the same may be amended from time to time. In addition, the Commission shall have the following duties:
(1) Hear and determine all development plans which are required to be submitted under this chapter.
(2) Be authorized and empowered to do and perform any act which is required or allowed under state law.
(3) Be authorized and empowered to adopt, without public notice or hearing, any rules or regulations allowed or required under I.C. 36-7-4, as the same may be amended from time to time, or such other rules or regulations as the Commission may deem necessary or advisable for the effective administration of its duties under state law.
(4) Be authorized and empowered to appoint an Executive Director and/or a Zoning Administrator, as well as a secretary and any other employees as are necessary for the discharge of the duties of the Commission; and to prescribe any duties or responsibilities for those positions, subject to the requirements and limitations prescribed under this chapter and under state law. The positions of Executive Director and Zoning Administrator may be held by the same person.
(Ord. 466, § 4-13-4, passed 5-11-98)
The powers and duties of the Zoning Administrator shall be as follows:
(A) He shall be empowered to enforce and, if necessary, prosecute any actions for violations of this chapter, in the manner and form and with the powers provided under this chapter.
(B) He shall be authorized and empowered to issue to qualified applicants any permits permitted or required under the provisions of this chapter.
(C) He shall be authorized and empowered to do and perform any acts as may be required or prescribed under the provisions of this chapter or by the Commission under rules or regulations duly adopted, or otherwise.
(Ord. 466, § 4-13-5, passed 5-11-98)
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