The development (see Section 10, Definitions) of the flood hazard areas could result in the potential loss of life and property, create health and safety hazards and lead to extraordinary public expenditures for flood protection and relief. Since development of these areas is not essential to the orderly growth of the Town and environs, and since these lands are suitable for fill, the FP Flood Plain District shall be established and developed in accordance with the following criteria promulgated by law:
A. MAPS.
The Flood Plain District (areas subject to inundation by the regulatory flood see Section 10, Definitions) is shown on the Flood Insurance Rate Maps (of Hancock County, Indiana) 180419 01008 (dated October 15, 1982).
B. USES PERMITTED BY RIGHT.
The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted by right within the Flood Plain District to the extent that they are not prohibited or not otherwise controlled by other parts of the this Code, and provided they do not require structures, fill, or storage of materials or equipment:
1. Agricultural uses such as general farming, pasture, grazing, orchards, plant nurseries and vineyards.
2. Forestry, wildlife areas and nature preserves.
3. Parks and recreational uses, such as golf courses, driving ranges and play areas.
4. Public or Employee Parking Area.
5. Sewage Treatment Facility (Primary Use).
6. Transmission Lines for Gas, Oil, Electricity or Other Utilities.
C. REVIEW AND APPROVAL.
All development (see Section 10, Definitions) applications located in the Flood Plain District which are not permitted by right as set forth in subsection (B) above, will require the review and approval by Natural Resources (see Section 10, Definitions) prior to the issuance of an Improvement Location Permit. (Section 5)
D. NATIONAL FLOOD INSURANCE PROGRAM REGULATION.
The Zoning Administrator, during his review of Improvement Location Permits, shall assure that all NFIP regulations (contained in CFR 44, Chapter 60 3(d)) and as specified on attachment A (Section 10 Review Sheet for NFIP Regulations) which is hereby made a part of this ordinance pertaining to state and federal permits, subdivision review, building permit review, flood proofing nonresidential structures, manufactured home standards, utility construction, record keeping (including lowest flood elevations), and water course alteration and maintenance have been met.
E. DUTIES OF THE ZONING ADMINISTRATOR.
The Zoning Administrator shall review all development and subdivision proposals to ensure compliance with this section, including but not limited to the following duties:
1. Ensure that all development activities within the Special Flood Hazard Areas (SFHA) of the jurisdiction of the town meet the requirements of this section.
2. Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques.
3. Ensure that construction authorization has been granted by the Indiana Natural Resources Commission for all development projects subject to subsection (F) of this section and maintain a record of such authorization (either copy of actual permit or letter of recommendation).
4. Maintain a record of the "as-built" elevation of the top of the lowest floor (including basement) of all new and/or substantially improved buildings constructed in the Special Flood Hazard Area (SFHA). Inspect before, during and after construction.
5. Maintain a record of the engineer's certificate and the "as built" floodproofed elevation of all buildings subject to subsection (4) of this section.
6. Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this ordinance. Submit reports as required for the National Flood Insurance Program.
7. Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits and letters of recommendation, federal permit documents, and "as built" elevation and floodproofing data for all building constructed subject to this section.
F. IMPROVEMENT LOCATION PERMIT.
No person, firm, corporation, or governmental body not exempted by state law shall commence any "development" in the Special Flood Hazard Area (SFHA) without first obtaining an Improvement Location Permit from the Zoning Administrator. The Zoning Administrator shall not issue an Improvement Location Permit if the proposed "development" does not meet the requirements of this section.
1. The application for an Improvement Location Permit shall be accompanied by the following:
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 development. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum (NAVD). In either case the conversion formula should be included.
2. Upon receipt of an application for an Improvement Location Permit, the Zoning Administrator shall determine if the site is located within an identified floodway, floodway fringe or within the floodplain where the limits of the floodway have not yet been determined.
a. If the site is in an identified floodway the Zoning Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway.
b. Under the provisions of I.C. 14-28-1 et seq. a permit from the Natural Resources Commission 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 and the like undertaken before the actual start of construction of the building.
c. No action shall be taken by the Zoning Administrator until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Zoning Administrator may issue the local Improvement Location Permit, provided the provisions contained in subsections (F) and (G) of this section have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission.
d. If the site is located in an identified floodway fringe, then the Zoning Administrator may issue the local Improvement Location Permit, provided the provisions contained in subsections (F) and (G) of this section 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 Flood Protection Grade (FPG).
e. If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined (shown as Zone A on the Flood Hazard Boundary Map), and the drainage area upstream of the site is greater than one square mile, the Zoning Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment.
f. No action shall be taken by the Zoning Administrator until either a permit for construction in the floodway or a letter of recommendation citing the 100 year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources.
g. Once the Zoning Administrator has received the proper permit or letter of recommendation approving the proposed development, an Improvement Location Permit may be issued provided the conditions of the Improvement Location Permit are not less restrictive than the conditions received from Natural Resources and the provisions contained in divisions (F) and (G) of this section have been met.
G. PREVENTING INCREASED DAMAGES. No development in the Special Flood Hazard Area (SFHA) shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.
1. Within the floodway identified on the Flood Hazard Boundary Map or the Flood Insurance Rate Map, the following standards shall apply:
a. No development shall be allowed which, acting alone or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood; and
b. 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.
2. Within all Special Flood Hazard Areas (SFHA) identified as A Zones (no 100 year flood elevation and/or floodway/floodway fringe delineation has been provided). The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth (0.1) of one foot and will not increase flood damages or potential flood damages.
3. Public Health Standards in all Special Flood Hazard Area (SFHA).
a. No development in the Special Flood Hazard Area (SFHA) shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the Flood Protection Grade, unless such materials are stored in a floodproofed storage tank or building constructed according to the requirements of subsection (H) of this section.
b. New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings are located above the FPG, or those which are located below the FPG are watertight.
H. PROTECTING BUILDINGS.
In addition to the damage prevention requirements of division (F), all buildings to be located in the Special Flood Hazard Area (SFHA) shall be protected from flood damage below the FPG.
1. This building protection requirement applies to the following situations:
a. Construction or placement of any new building valued at more than $1,000; or greater than 400 square feet, whichever is less.
b. Structural alterations made to an existing building that increase the market value of the building by more than 50% (excluding the value of the land);
c. Any subsequent alterations;
d. Reconstruction or repairs made to a damaged building that are valued at or more than 50% of the market value of the building (excluding the value of the land) before damage occurred;
e. Installing a manufactured home on a new site or a new manufactured home on an existing site. This division does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and
f. Installing a travel trailer or recreational vehicle on a site for more than 180 days.
2. This building protection requirement may be met by one of the following methods. The Zoning Administrator shall maintain a record of compliance with these building protection standards as required in subsection (1) of this section.
a. A residential or nonresidential building may be constructed on a permanent land fill in accordance with the following:
1. The fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with the Standard Proctor Test method.
2. The fill should extend at least ten feet beyond the foundation of the building before sloping below the Flood Protection Grade (FPG).
3. The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical.
4. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
5. The top of the lowest floor, including basements, (see definition of "LOWEST FLOOR" in Section 10, Definitions) shall be at or above the Flood Protection Grade (FPG).
b. A residential or nonresidential building may be elevated in accordance with the following:
1. The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation, provided:
a. Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade.
b. Any enclosure below the elevated floor is used for storage of vehicles and building access.
2. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as buoyancy, current, waves, ice, and floating debris.
3. All areas below the Flood Protection Grade (FPG) shall be constructed of materials resistant to flood damage. The top of the lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the Flood Protection Grade (FPG). Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the Flood Protection Grade (FPG).
c. 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 anchoring requirements:
1. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the Flood Protection Grade (FPG) and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site;
a. Outside a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision; or
d. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood.
2. This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood.
d. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
1. Recreational vehicles placed on a site shall either:
a. Be on the site for less than 180 consecutive days;
b. 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
c. Meet the requirements for "manufactured homes" in subsection (1.04) of this Ordinance.
2. A nonresidential building may be floodproofed to the Flood Protection Grade (FPG) (in lieu of elevating) if done in accordance with the following:
a. A Registered Professional Engineer shall certify that the building has been designed so that below the Flood Protection Grade (FPG), the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice.
b. Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
I. OTHER DEVELOPMENT REQUIREMENTS.
The Zoning Administrator shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined. If the Zoning Administrator finds the subdivision to be so located, the Zoning Administrator shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Zoning Administrator shall require appropriate changes and modifications in order to assure that:
1. It is consistent with the need to minimize flood damages;
2. All public utilities and facilities, such as sewer, gas, and electrical;
3. Water systems are located and constructed to minimize or eliminate flood damage;
4. Adequate drainage is provided so as to reduce exposure to flood hazards;
5. Onsite waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.
Developers shall record the 100 year flood elevation on all subdivision plats containing lands (identified elsewhere by ordinance) within a flood hazard area prior to submitting the plats for approval by the Plan Commission.
All owners of manufactured home parks or subdivisions located within the Special Flood Hazard Area (SFHA) identified as Zone A on the community's Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) shall develop an evacuation plan for those lots located in the Special Flood Hazard Area (SFHA) and file it with the Plan Commission and have it filed with and approved by the appropriate county emergency management authorities.
J. VARIANCES. The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this ordinance, provided the applicant demonstrates that:
1. There exists a good and sufficient cause for the requested variance;
2. The strict application of the terms of this section will constitute an exceptional hardship to the applicant; and
3. The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
4. The Board of Zoning Appeals may issue a variance to the terms and provisions of this ordinance subject to the following standards and conditions:
a. No variance or exception for a residential use within a floodway subject to subsection (F)(1) or (2) of this section may be granted.
b. Any variance or exception granted in a floodway subject to subsections (F)(1)or (2) of this section will require a permit from Natural Resources.
c. Variances or exceptions to the Building Protection Standards of subsection (H) of this section 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.
5. Variance or exception may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects;
6. All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and
7. The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums.
K. DISCLAIMER OF LIABILITY.
The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions.
Therefore, this Code (Chapter 90) does not create any liability on the part of the town, Natural Resources, or the state, for any flood damage that results from reliance on this section or any administrative decision made lawfully thereunder.