§ 151.38  STANDARDS FOR SFHAS WITHOUT ESTABLISHED BASE FLOOD ELEVATION AND/OR FLOODWAYS/FRINGES.
   (A)   Drainage area upstream of the site is greater than 1 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 1 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 either a permit for construction in the floodway or a floodplain analysis/regulatory assessment citing the 100-year 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 construction in a floodway permit or floodplain analysis/regulatory assessment approving the proposed development, 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 §§ 151.34 through 151.38 have been met.
   (B)   Drainage area upstream of the site is less than 1 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 1 square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, fringe and 100 year flood elevation for the site.
      (2)   Upon receipt, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in §§ 151.34 through 151.38 have been met.
   (C)   Cumulative effect. The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than 0.14 of 1 foot and will not increase flood damages or potential flood damages.
(Ord. 29-2005, passed 9-27-2005)