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§ 155.037 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
   (A)   The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this chapter. The Administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose.
   (B)   Duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
      (1)   Enforce the provisions of this chapter.
      (2)   Review all floodplain development permits to assure that the permit requirements of this chapter 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 area known, require that copies of such permits be provided and maintained on file with the floodplain development permit.
      (6)   Inspect and inventory damaged structures in the SFHA identified by FEMA and complete substantial damage determinations to determine whether existing structures damaged from any source meet the development standard 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 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 keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policy holders 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 damage; and
         (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 §§ 155.045 and 155.046 of this chapter are required.
      (8)   Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to § 155.049 and § 155.051(A), and maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment).
      (9)   Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if § 155.037(B)(8) is applicable.
      (10)   Make on-site inspections of projects in accordance with § 155.037(A)(23).
      (11)   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.
      (12)   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.
      (13)   Provide information, testimony, or other evidence as needed during variance hearings.
      (14)   Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits/authorizations are to be maintained on file with the floodplain development permit.
      (15)   Maintain and track permit records involving additions and improvements to residences located in the floodway.
      (16)   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.
      (17)   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 chapter.
      (18)   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.
      (19)   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
      (20)   Review certified plans and specifications for compliance.
      (21)   Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 155.036.
      (22)   Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with § 155.036.
      (23)   Perform a minimum of three inspections to ensure that all applicable ordinance and floodplain development requirements have been satisfied. The first upon the establishment of the Flood Protection Grade reference mark at the development site; the second upon the establishment of the structure’s footprint/establishment of the lowest floor; and the final inspection upon completion and submission of the required finished construction elevation certificate. Authorized city officials shall have the right to enter and inspect properties located in the SFHA.
      (24)   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 chapter 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.
      (25)   Revocation of permits.
         (a)   The Floodplain Administrator may revoke a permit or approval issued under the provisions of this chapter, 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 chapter.
      (26)   Floodplain management records.
         (a)   Regardless of any limitation on the period required for retention of public records, records and actions associated with the administration of this chapter shall be kept on file and maintained under the direction of the Floodplain Administrator in perpetuity. These records include permit application, 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 certificates and documentation of elevations required by this chapter; 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 chapter.
         (b)   These records shall be available for public inspection at Decatur City Hall, Building and Zoning Department, located at 172 N 2nd St, Decatur, IN 46733.
      (27)   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 any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
      (28)   Map maintenance activities. To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the City of Decatur flood maps, studies and other data identified in § 155.021 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
         (a)   Requirements to submit new technical data.
            1.   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
               a.    Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
               b.   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;
               c.    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.
            2.   It is the responsibility of the applicant to have required technical data for 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 as 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.
            3.   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.
            4.   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.
      (29)   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 submissions shall include appropriate supporting documentation made in writing by the Mayor of the City of Decatur and may be submitted to FEMA at any time.
      (30)   Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Decatur 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, Indiana and Incorporated Areas Flood Insurance Rate Map accurately represent the City of Decatur boundaries, include within such notification a copy of a map of the City of Decatur suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Decatur has assumed or relinquished floodplain management regulatory authority.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
PROVISIONS FOR FLOOD HAZARD REDUCTION
§ 155.044 STATUS STANDARDS.
   (A)   Floodways (riverine). Located within SFHAs, established in § 155.021, 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 I.A.C. 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.
      (1)   If the site is in a regulatory floodway as established in § 155.021, 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 I.A.C. 10).
      (2)   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 subchapter.
      (3)   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.
      (4)   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 § 155.037(B)(28)(a). 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.
      (5)   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 fifteen hundredths 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.
      (6)   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.
   (B)   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 subchapter have been met.
   (C)   SFHAs without established base flood elevation and/or floodways/fringes (riverine).
      (1)   Drainage area upstream of the site is greater than one square mile:
         (a)   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.
         (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 one-percent 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.
      (2)   Drainage area upstream of the site is less than one square mile:
         (a)   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 one-percent annual chance flood elevation for the site.
         (b)   Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in this article have been met.
   (D)   SFHAs not identified on a map.
      (1)   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.
      (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 one-percent 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 article have been met.
(Ord. 2022-10, passed 6-21-2022)
§ 155.045 GENERAL STANDARDS.
   In all SFHAs and known flood prone areas the following provisions are required:
   (A)   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.
   (B)   Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
   (C)   New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.
   (D)   New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
   (E)   Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
   (F)   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   (G)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   (H)   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
   (I)   Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this chapter shall meet the requirements of new construction as contained in this chapter.
   (J)   Parking lots, driveways, and sidewalks within the SFHA shall be constructed with permeable materials.
   (K)   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.
   (L)   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 chapter 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.
   (M)   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.
   (N)   Non-conversion agreements shall be required for all new or substantially improved elevated structures with an enclosure beneath the elevated floor, accessory structures, and open-sided shelters.
   (O)   Construction of new solid waste disposal facility, hazard waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in areas of special flood hazard.
   (P)   Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at least equal to the volume of storage lost (replacement ratio of one to one) due to the fill or structure.
      (1)   The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located, provided sufficient space exists. If sufficient space does not exist on the same property, the excavations shall take place in the same floodplain no further than 1,000 feet from the site of the authorized fill or structure, provided authorization/permission has been granted by the owners of any property where the excavation is proposed.
      (2)   Under certain circumstances, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory flood water, will not be subject to ponding when not inundated by flood water, and that it shall not be refilled.
      (3)   The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by flood water.
      (4)   The excavation shall be sufficiently stabilized and compacted to remain firm and resist erosion.
      (5)   A restrictive covenant which states the approved compensatory cut area (excavation) shall not be altered without approval from the Floodplain Administrator shall be executed and recorded in the County Recorder’s Office that runs with the property.
      (6)   The fill or structure shall not obstruct a drainage way leading to the floodplain.
      (7)   The grading around the excavation shall be such that the excavated area is accessible to the regulatory flood water.
      (8)   The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement. When a structure is placed on fill it shall follow additional requirements of § 155.046.
      (9)   Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this chapter.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
§ 155.046 SPECIFIC STANDARDS.
   In all SFHAs where the base flood elevation data or flood depths have been provided, as set forth in § 155.021, the following provisions are required:
   (A)   In addition to the requirements of § 155.045, all 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:
      (1)   Construction or placement of any structure(residential or non-residential).
      (2)   Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 40% of the value of the existing structure (excluding the value of the land).
      (3)   Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to it’s before damaged condition equals or exceeds 40% 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).
      (4)   Installing a travel trailer or recreational vehicle on a site for more than 180 days.
      (5)   Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.
      (6)   Reconstruction or repairs made to a repetitive loss structure.
      (7)   Addition or improvement made to any existing structure with a previous repair, addition or improvement constructed since the community’s first floodplain ordinance.
   (B)   Residential structures (excluding manufactured homes). New construction or substantial improvement of any residential structure shall meet provision described in § 155.046(D).
      (1)   In Zone A and Zone AE, new construction or substantial improvement of any residential structure (excluding accessory structures) shall have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation). 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 § 155.046(B)(4). Should fill be used to elevate a structure, the standards of § 155.046 must be met.
      (2)   Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement:
         (a)   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:
            1.   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);
            2.   The bottom of all opening 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;
            3.   If the floor of the enclosure is below the BFE, the openings must be located wholly below the BFE.
            4.   If the floor of the enclosure is below the BFE, but below FPG, the openings must be located wholly below the FPG;
            5.   Doors and windows do not qualify as openings;
            6.   Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions;
            7.   Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applied to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
         (b)   The floor of such enclosed area must be at or above grade on at least one side.
         (c)   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
      (3)   A residential structure may be constructed on fill in accordance with the following:
         (a)   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;
         (b)   Fill shall extent ten feet beyond the foundation of the structure before sloping below the BFE;
         (c)   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 inches horizontal to one foot vertical;
         (d)   Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties;
         (e)   Fill shall be composed of clean granular or earthen material.
      (4)   A residential structure may be constructed using a stem wall foundation (all called chain wall, raised-slab-on-grade, and slap-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.
   (C)   Non-residential structures.
      (1)   New construction or substantial improvement of any non-residential structures (excludes accessory structures) shall meet provisions described in § 155.046 and applicable general standards described in § 155.045.
      (2)   In Zone A and Zone AEnew construction or substantial improvement of any commercial, industrial, or non-residential structure(excluding accessory structures) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) 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 § 155.046(D). Should fill be used to elevate a structure, the standards of § 155.046(C)(4) must be met.
      (3)   Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement:
         (a)   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:
            1.   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);
            2.   The bottom of all opening 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;
            3.   If the floor of the enclosure is below the BFE, the openings must be located, wholly below the BFE;
            4.   If the floor of the enclosure is below the BFE, but below FPG, the openings must be located wholly below the FPG;
            5.   Doors and windows do not qualify as openings;
            6.   Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions;
            7.   Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applied to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
         (b)   The floor of such enclosed area must be at or above grade on at least one side.
         (c)   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
      (4)   A non-residential structure may be constructed on fill in accordance with the following:
         (a)   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;
         (b)   Fill shall extend ten feet beyond the foundation of the structure before sloping below the BFE;
         (c)   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 inches horizontal to one foot vertical;
         (d)   Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties;
         (e)   Fill shall be composed of clean granular or earthen material.
      (5)   A non-residential structure may be floodproofed in accordance with the following:
         (a)   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 as set forth in § 155.037(B)(22).
         (b)   Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
      (6)   A non-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 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.
   (D)   Elevated structures. 
      (1)   New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG.
      (2)   Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade 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. Designs must meet the following minimum criteria:
         (a)   Provide a minimum of two openings located in a minimum of two 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 exterior grade or the interior grade immediately beneath each opening, whichever is higher.
         (c)   Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
         (d)   Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
         (e)   The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
         (f)   The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.
         (g)   Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
         (h)   Property owners shall be required to execute a flood openings/venting affidavit acknowledging that all openings will be maintained as flood vents, and that the elimination or alteration of the openings in any way will violate the requirements of § 155.046(D). Periodic inspections will be conducted by the Floodplain Administrator to ensure compliance. The affidavit shall be recorded, along with the deed, in the office of the Adams County Recorder.
         (i)   Property owners shall be required to execute and record with the structure's deed a non-conversion agreement declaring that the area below the lowest floor (where the interior height of the enclosure exceeds six feet) shall not be improved, finished or otherwise converted; the community will have the right to inspect the enclosed area. The non-conversion agreement shall be recorded in the office of the Adams County Recorder.
   (E)   Standards for manufactured homes and recreational vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements:
      (1)   These requirements apply to all manufactured homes to be placed on a site outside a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood:
         (a)   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.
         (b)   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 in § 155.046(D).
         (c)   Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
   (F)   Recreational vehicles placed on a site shall either:
      (1)   Be on site for less than 180 days;
      (2)   Be fully licensed and ready for highway use (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
      (3)   Meet the requirements for manufactured homes as stated earlier in this section.
   (G)   Freestanding pavilions, gazebos, decks, carports, and similar development. Within SFHAs, new construction or placement of pavilions, gazebos, decks, carports, and similar development must meet the following standards:
      (1)   Shall have open sides (having more than one rigid wall);
      (2)   Shall be anchored to prevent flotation or lateral movement;
      (3)   Shall be constructed of flood resistant materials below the FPG;
      (4)   Any electrical, heating, plumbing, and other service facilities shall be located at/above the FPG;
      (5)   Shall not have subsequent additions or improvements that would preclude the development from its continued designation as a pavilion, gazebo, carport, or similar open-sided development.
   (H)   Accessory structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures. Such structures must meet the following standards:
      (1)   Shall not be used for human habitation.
      (2)   Shall have a floor area of 400 square feet or less.
      (3)   Use shall be limited to parking of vehicles and limited storage.
      (4)   Shall be constructed of flood resistant materials.
      (5)   Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters.
      (6)   Shall be firmly anchored to prevent flotation.
      (7)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG.
      (8)   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 § 155.046(D).
      (9)   Shall not have subsequent additions or improvements that would preclude the structure from its continued designation as an accessory structure.
   (I)   Above ground gas or liquid storage tanks. Within SFHAs designated as Zone A, AE on the community’s FIRM, all newly placed aboveground gas or liquid storage tanks shall meet the requirements for a non-residential structure as required in § 155.046.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
§ 155.047 STANDARDS FOR SUBDIVISION PROPOSALS.
   (A)   All subdivision proposals shall be consistent with the need to minimize flood damage.
   (B)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
   (C)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
   (D)   In all areas of special flood hazard where base flood elevation data area not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generate 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.
   (E)   All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA.
   (F)   All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).
   (G)   Streets, blocks, lots, parks, and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural steams and channels. Wherever possible the floodplains shall be included within parks or other public grounds.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
§ 155.048 CRITICAL FACILITY.
   Construction of new critical facilities shall be, to the extent possible, located outside the limits of the 500-year (0.20% Annual Chance) Flood Hazard Area. Construction of new critical facilities shall be permissible within the 500-year (0.20% Annual Chance) Flood Hazard Area if no feasible alternative site is available. Critical facilities constructed within the 500-year (0.20% Annual Chance) Flood Hazard Area 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. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
§ 155.049 STANDARDS FOR IDENTIFIED FLOODWAYS.
   (A)   Located within SFHAs, established in § 155.021, 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. If the site is in an identified floodway, 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 a permit for construction in a floodway. Under the provisions of 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 etc. 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 I.A.C. 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.
   (B)   If the site is in a regulatory floodway as established in § 155.021, 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 I.A.C. 10).
   (C)   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 chapter.
   (D)   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.
   (E)   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 § 155.037. 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.
   (F)   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 fifteen-hundredths 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.
   (G)   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.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
§ 155.050 STANDARDS FOR IDENTIFIED FRINGE.
   If the site is located in an identified fringe, then the Floodplain Administrator may issue the local floodplain development permit provided the provisions contained in §§ 155.045 through 155.052 have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG.
(Ord. 2017-7, passed 8-15-2017; Ord. 2022-10, passed 6-21-2022)
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