(A) Designation of Administrator. The Town Council hereby appoints the Director of Planning Services to administer and implement the provisions of this subchapter and is herein referred to as the Floodplain Administrator.
(B) Permit procedures. Application for a floodplain development permit shall be made to the Floodplain Administrator, on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following: plans in duplicate, 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 in relation to existing roads and streams;
(c) A legal description of the property site;
(d) A site development plan showing existing and proposed development locations and existing and proposed land grades;
(e) Elevation of the top of the lowest floor (including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD;
(f) Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed;
(g) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required and any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision. (See § 152.103(C)(6) for additional information.)
(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 a certification of the NAVD 88 or NGVD elevation of the lowest floor, as built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor, professional engineer or architect and certified by the same. The Floodplain Administrator shall review the lowest floor elevation survey data submitted. The applicant shall correct deficiencies detected by such review before any further work is allowed to proceed. 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. Any work undertaken prior to submission of the elevation certification shall be at the applicant’s risk.
(b) Upon establishment of the floodproofed elevation of a floodproofed structure, it shall be the duty of the applicant to submit to the Floodplain Administrator a floodproofing certificate. Certification shall be prepared by or under the direct supervision of a registered professional engineer or architect and certified by same. (The Floodplain Administrator shall review the floodproofing certification submitted.) The applicant shall correct any deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the floodproofing certification or failure to make correction required shall be cause to issue a stop- work order for the project.
(3) Finished construction. Upon completion of construction, an elevation certification (FEMA Elevation Certificate Form 81-31 or any future updates) which depicts the “as-built” lowest floor elevation is required to be submitted to the Floodplain Administrator. If the project includes a floodproofing measure, floodproofing certification (FEMA Floodproofing Certificate Form 81-65 or any future updates) is required to be submitted by the applicant to the Floodplain Administrator.
(C) Duties and responsibilities of the Floodplain Administrator.
(1) The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this subchapter.
(2) The Administrator is further authorized to render interpretations of this subchapter, which are consistent with its spirit and purpose.
(3) The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
(a) Review all floodplain development permits to assure that the permit requirements of this subchapter have been satisfied;
(b) Inspect and inventory damaged structures in SFHA and complete substantial damage determinations;
(c) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to § 152.104(E) and (G)(1) of this subchapter, and maintain a record of such authorization (either copy of actual permit or floodplain analysis/regulatory assessment);
(d) Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of
such permits are to be maintained on file with the floodplain development permit;
(e) Maintain and track permit records involving additions and improvements to residences located in the floodway;
(f) 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;
(g) 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;
(h) 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;
(i) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that its flood-carrying capacity is not diminished;
(j) Review certified plans and specifications for compliance;
(k) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 152.103(B);
(l) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with § 152.103(B); and
(m) 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 town officials shall have the right to enter and inspect properties located in the SFHA:
(n) Stop-work orders.
1. Upon notice from the Flood-plain Administrator, work on any building, structure or premises, which is being done contrary to the provisions of this subchapter, shall immediately cease.
2. 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.
(o) Revocation of permits.
1. 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 a material fact in the application or plans on which the permit or approval was based.
2. 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.
(Ord. 10-20, passed 11-22-2010; Am. Ord. 2017-09, passed 6-26-2017; Am. Ord. 2020-04, passed 2-24-2020)