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The degree of flood protection required by this chapter 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 chapter does not create any liability on the part of the town, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
ADMINISTRATION
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:
(A) Application stage.
(1) A description of the proposed development;
(2) Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams;
(3) A legal description of the property site;
(4) A site development plan showing existing and proposed development locations and existing and proposed land grades;
(5) Elevation of the top of the lowest floor (including basement) of all proposed buildings. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD);
(6) Elevation (in NGVD) to which any non-residential structure will be floodproofed; and
(7) Description of the extent to which any watercourse will be altered or related as a result of proposed development.
(B) Construction stage. Upon placement of the lowest floor, or floodproofing, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the NGVD elevation of the lowest floor or floodproofed elevation, as built. The certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular structure said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by the same. Any work undertaken prior to submission of the certification shall be at the permit holder’s risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.) The permit holder shall correct deficiencies detected by the review before any further work is allowed to proceed. Failure to submit the survey or failure to make corrections required hereby shall be cause to issue a stop-work order for the project.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
(A) The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this chapter. The Floodplain 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 not be limited to:
(1) Review all floodplain development permits to assure that the permit requirements of this chapter have been satisfied;
(2) Inspect and inventory damaged structures in SFHA and complete substantial damage determinations;
(3) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to §§ 151.34 and 151.36(A) of this chapter, and maintain a record of such authorization (either copy of actual permit or floodplain analysis/regulatory assessment);
(4) 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;
(5) 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;
(6) 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 amendment (LOMA), letters of map revision (LOMR), copies of DNR permits 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;
(7) Utilize and enforce all letters of map revision (LOMR) or physical map revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community;
(8) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
(9) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 151.21;
(10) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with § 151.21;
(11) Review certified plans and specifications for compliance;
(12) 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 agent, or to the person doing the work, and shall state the conditions under which work may be resumed; and
(13) Revocation of permits.
(a) The Floodplain Administrator may revoke a permit or approval, issued under the provisions of the 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.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
FLOOD HAZARD REDUCTION
(A) General standards. In all SFHAs the following provisions are required:
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) 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.
(3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.
(4) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(9) 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.
(10) Any alteration, repair, reconstruction or improvement to a structure that is not in compliance with the provisions of this chapter, shall be undertaken only if said non-conformity is not further extended or replaced.
(11) 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 1 to 1) due to the fill or structure.
(a) The excavation shall take place in the floodplain and in the same immediate watershed in which the authorized fill or structure is located;
(b) 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 immediate watershed in which the authorized fill or structure is located, will be accessible to the regulatory floodwater, will not be subject to ponding when not inundated by flood water, and that it shall not be refilled;
(c) The fill or structure shall not obstruct a drainage way leading to the floodplain;
(d) 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; and
(e) 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. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
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