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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 §§ 151.30 through 151.36 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. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
(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 or a floodplain analysis/regulatory assessment citing the 100-year 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 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 §§ 151.30 through 151.36 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 floodway, fringe and 100-year flood elevation for the site.
(C) 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. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
AO Zones have flood hazards associated with base flood depths of one to three feet, where a clearly defined channel does not exist and the water path of flooding is unpredictable and indeterminate with respect to AO Zones that may exist in the town:
(A) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated at two feet greater than the flood depth number specified on the Flood Insurance Rate Map above the highest adjacent grade.
(B) Drainage paths must be provided to guide floodwaters around and away from proposed structures to be constructed on slopes.
(C) All new construction and substantial improvements of non-residential structures shall:
(1) Have the lowest floor, including basement, elevated two feet greater than the flood depth number specified on the Flood Insurance Rate Map above the highest adjacent grade; and
(2) Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per § 151.31(C).
(Ord. 393, passed 3-20-17)
VARIANCES
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 Johnson County Circuit Court, as provided by statute.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
In passing upon such applications, the appointed 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; and
(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. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
(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; and
(3) A determination that the granting of a variance will not result in increased flood 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.
(D) Variances to the provisions for flood hazard reduction of § 151.31, 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 application to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation 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.
(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.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
Cross-reference:
Variance notification, see § 151.44
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