Loading...
§ 152.29 STANDARDS FOR IDENTIFIED FLOODWAYS.
   (A)   Located within SFHAs, established in 152.07, 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. However, it does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. (I.C. 14-28-1-26 allows construction of a non-substantial addition/ improvement to a residence in a non-boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval for the fill is required from the Indiana Department of Natural Resources.)
   (B)   No action shall be taken by the Floodplain Administrator until a permit or letter of authorization (when applicable) has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway or letter of authorization has been issued by the Indiana Department of Natural Resources, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in this subchapter have been met. The floodplain development permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, a community’s more restrictive regulations (if any) shall take precedence.
   (C)   No development shall be allowed, which acting alone or in combination with existing or future development, that will adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse affect is defined as an increase in the elevation of the regulatory flood of at least 0.15 of one 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.
   (D)   For all projects involving channel modifications or fill (including levees) the Floodplain Administrator 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. 2007-11A, passed 11-5-07; Am. Ord. 2013-12C, passed 1-7-14)
§ 152.30 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 this subchapter 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. 2007-11A, passed 11-5-07; Am. Ord. 2013-12C, passed 1-7-14)
§ 152.31 STANDARDS FOR SFHAS WITHOUT ESTABLISHED BASE FLOOD ELEVATION AND/OR FLOODWAYS/FRINGES.
   (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 either a permit for construction in a floodway permit (including letters of authorization) 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 permit for construction in a floodway permit (including letters of authorization) 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 this subchapter 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 subchapter have been met.
      (3)   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 one foot and will not increase flood damages or potential flood damages.
(Ord. 2007-11A, passed 11-5-07; Am. Ord. 2013-12C, passed 1-7-14)
§ 152.32 STANDARDS FOR FLOOD PRONE AREAS.
   All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet applicable standards as required per this subchapter.
(Ord. 2013-12C, passed 1-7-14)
VARIANCES
§ 152.40 DESIGNATION OF VARIANCE AND APPEALS BOARD.
   The Hancock County Drainage Board as established by I.C.36-9-27 shall hear and decide appeals and requests for variances from requirements of this chapter.
(Ord. 2007-11A, passed 11-5-07; Am. Ord. 2013-12C, passed 1-7-14)
§ 152.41 DUTIES OF VARIANCE AND APPEALS BOARD.
   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 chapter. Any person aggrieved by the decision of the Board may appeal such decision to the Hancock County Circuit Court.
(Ord. 2007-11A, passed 11-5-07; Am. Ord. 2013-12C, passed 1-7-14)
§ 152.42 VARIANCE PROCEDURES.
   In passing upon such applications, the Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
   (A)   The danger of life and property due to flooding or erosion damage.
   (B)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
   (C)   The importance of the services provided by the proposed facility to the community.
   (D)   The necessity to the facility of a waterfront location, where applicable.
   (E)   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
   (F)   The compatibility of the proposed use with existing and anticipated development.
   (G)   The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area.
   (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 of 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.
(Ord. 2007-11A, passed 11-5-07; Am. Ord. 2013-12C, passed 1-7-14)
§ 152.43 CONDITIONS FOR VARIANCES.
   (A)   Variances shall only be issued when there is:
      (1)   A showing of good and sufficient cause.
      (2)   A determination that failure to grant the variance would result in exceptional hardship.
      (3)   A determination that the granting of a variance will not result in increased fiood 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.
   (B)   No variance for a residential use within a floodway subject to § 152.29 or 152.31(A) may be granted.
   (C)   Any variance granted in a floodway subject to § 152.29 or 152.31(A) will require a permit from the Indiana Department of Natural Resources.
   (D)   Variances to the provisions for flood hazard reduction of § 152.26 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.
   (E)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   (F)   Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.
   (G)   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. (See § 152.44).
   (H)   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. (See § 152.44).
(Ord. 2007-11A, passed 11-5-07; Am. Ord. 2013-12C, passed 1-7-14)
§ 152.44 VARIANCE NOTIFICATION.
   (A)   Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that:
      (1)   The issuance of a variance to construct a structure below the flood protection grade will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
      (2)   Such construction below the flood protection grade increases risks to life and property.
   (B)   The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance.
(Ord. 2007-11A, passed 11-5-07; Am. Ord. 2013-12C, passed 1-7-14)
Loading...