§ 53.075 REQUIREMENTS.
   Policy on dams and levees. Dams and levees have the potential for significant, sometimes catastrophic consequences should they fail. In order to minimize the potential for loss of life and public safety, decrease the potential for increased flood damage and disaster costs, and safeguard the downstream property rights, the following shall be required by the Boone County Drainage Board and/or Boone County Surveyor for any proposed new or improvements to any existing dam or levee. These requirements are in addition to what is normally required for other development subject to this section and/or that required by state or federal agencies.
   (A)   Design of dams shall follow the requirements of the latest edition of IDNR-Division of Water “General Guidelines for New Dams and Improvements to Existing Dams in Indiana” as well as principles provided in the latest edition of “Indiana Dam Safety Inspection Manual”.
   (B)   Design of levee/floodwalls shall follow the FEMA requirements and guidelines provided in 44 CFR Section 65.10 and USACE Engineer Manual 1110-2-193, Design and Construction of Levees.
   (C)   An Emergency Action Plan (EAP), including a detailed dam breach inundation map, shall be developed in accordance with the template provided in the latest edition of “Indiana Dam Safety Inspection Manual” and submitted to the Boone County Drainage Board and/or Boone County Surveyor. The detailed dam breach inundation map referenced in this paragraph shall be developed for both “Sunny Day Breach” Scenario (breach during normal loading conditions) and for maximum loading condition with breach assumed to occur as the spillway system is passing the Spillway Design Flood associated with the dam (“SDF + Breach” Scenario).
   (D)   Unless the “Sunny Day Breach Inundation Area” is entirely contained within the applicant’s property and/or contained within the existing 100-year floodplain, a copy of recorded flood/inundation easement or a recorded written consent for every property within the potential “Sunny Day Breach Inundation Area” shall be submitted to the Boone County Drainage Board and/or Boone County Surveyor. In addition, all the affected property owners whose properties are located within the “SDF + Breach Inundation Area” must be notified of a hearing relevant to the proposed added risk. Notification of the time and place of the hearing shall be made in person or by certified mail at least five to ten days prior to the hearing. Proof of notice to each landowner shall be filed by affidavit with the Boone County Drainage Board and/or Boone County Surveyor prior to the hearing.
   (E)   A copy of a Management and Maintenance Plan for the proposed dam or levee developed in accordance with the latest edition of “Indiana Dam Safety Inspection Manual” shall be submitted to the Boone County Drainage Board and/or Boone County Surveyor.
   (F)   Following the permitting and construction of the dam or levee, a copy of a formal periodic inspection report prepared in accordance with the recommendations contained in the latest edition of “Indiana Dam Safety Inspection Manual” shall be submitted to the Boone County Drainage Board and/or Boone County Surveyor along with evidence that the identified maintenance deficiencies have been corrected. The inspection report has to be submitted as it gets completed in accordance with the inspection frequency recommended in the latest edition of “Indiana Dam Safety Inspection Manual”.
(Ord. 2008-17, passed 12-1-2008)