(A) Designation of Administrator. The Board of Commissioners of Putnam County hereby appoints the Planning Director to administer and implement the provisions of this chapter and is herein referred to as the Floodplain Administrator.
(B) Floodplain development permit and certification requirements. An application for a floodplain development permit shall be made to the Floodplain Administrator for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, therein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Such applications shall include, but not be limited to plans 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(s) in relation to existing roads and streams.
(c) A legal description of the property site.
(d) For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an existing building, a detailed quote and description of the total work to be completed including but not limited to interior work, exterior work, and labor as well as a certified valuation of the existing (pre-improved or pre-damaged) structure.
(e) A site development plan showing existing and proposed development locations and existing and proposed land grades.
(f) A letter from a licensed professional surveyor or engineer noting that an elevation reference benchmark has been established or confirmed for those projects requiring elevations to be met.
(g) Verification that connection to either a public sewer system or to an approved on-site septic system is available and approved by the respective regulatory agency for proposed structures to be equipped with restroom, kitchen or other facilities requiring disposal of wastewater.
(h) Plans showing elevation of the top of the planned lowest floor (including basement) of all proposed structures in Zones A, AE. Elevation should be in NAVD88.
(i) Plans showing elevation (in NAVD88) to which any non-residential structure will be floodproofed.
(j) Plans showing location and specifications for flood openings for any proposed structure with enclosed areas below the flood protection grade.
(k) Plans showing materials to be used below the flood protection grade for any proposed structure are flood resistant.
(l) Plans showing how any proposed structure will be anchored to resist flotation or collapse.
(m) Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities are designed and/or located. Elevation should be in NAVD88.
(n) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering analysis is required, and any watercourse changes submitted to INDNR for approval. Once INDNR approval is obtained, a FEMA Conditional Letter of Map Revision must be obtained prior to construction. (See divisions (C)(8) and (E) of this section).
(o) Any additional information, as requested by the Floodplain Administrator, which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.
(2) Construction stage. 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 an elevation certificate for the building under construction. The Floodplain Administrator shall review the elevation certificate. Any deficiencies detected during the review shall be corrected by the applicant before work is allowed to continue. 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.
(3) Finished construction.
(a) Upon completion of construction of any structure requiring certification of elevation, an elevation certificate which depicts the "as-built" lowest floor elevation and other applicable elevation data is required to be submitted by the applicant to the Floodplain Administrator. The elevation certificate shall be prepared by or under the direct supervision of a registered land surveyor and certified by the same.
(b) Upon completion of construction of an elevated structure constructed on fill, a fill report is required to be submitted to the Floodplain Administrator to verify the required standards were met, including compaction.
(c) Upon completion of construction of a floodproofing measure, a floodproofing certificate is required to be submitted by the applicant to the Floodplain Administrator. The floodproofing certificate shall be prepared by or under the direct supervision of a registered professional engineer or architect and certified by the same.
(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 chapter. The administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose.
(2) Duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
(a) Enforce the provisions of this chapter.
(b) Evaluate application for permits to develop in special flood hazard areas to assure that the permit requirements of this chapter have been satisfied.
(c) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(d) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met or refuse to issue the same in the event of noncompliance.
(e) Advise permittee that additional federal, state and/or local permits may be required. If specific federal, state and/or local permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit.
(f) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
(g) For applications to improve structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator shall:
1. Verify and document the market value of the pre-damaged or pre-improved structure.
2. Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre-damaged condition; or, the combined costs of improvements and repair, if applicable, to the market value of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, including work that might otherwise be considered routine maintenance. Items/activities that must be included in the cost shall be in keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policy holders within the community.
3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement" for proposed work to repair damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of substantial damage.
4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the applicable general and specific standards in § 151.005 are required.
(h) 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.
(i) Ensure that construction authorization has been granted by INDNR for all development projects subject to § 151.005 (A)(1), (A)(3)(a) and (A)(4). Maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment).
(j) Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if division(C)(9) of this section is applicable.
(k) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(l) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with division (B) of this section.
(m) Verify and record actual elevation to which any new or substantially improved structures have been floodproofed in accordance with division (B) of this section.
(n) Make on-site inspections of projects in accordance with division (D) of this section.
(o) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood-damaged structure covered by a standard flood insurance policy into compliance (either a substantially damaged structure or a repetitive loss structure) to ensure eligibility for ICC funds.
(p) Ensure that an approved connection to a public sewer system or an approved onsite septic system is planned for any structures (residential or non-residential) to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater.
(q) Provide information, testimony, or other evidence as needed during variance hearings.
(r) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with division (D) of this section.
(s) 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 INDNR 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 chapter in accordance with division (D) of this section.
(t) Coordinate map maintenance activities and associated FEMA follow-up in accordance with division (E) of this section.
(u) 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.
(v) Request any additional information which may be necessary to determine the disposition of proposed development or structure with respect to the requirements of this chapter.
(D) Administrative procedures.
(1) Inspections of work in progress. As the work pursuant to a permit progress, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and terms of the permit. In exercising this power, the Administrator has a right, upon presentation of proper credential, to enter on any premises with the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
(2) 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.
(3) Revocation of permits.
(a) The Floodplain Administrator may revoke a permit or approval, issued under the provisions of this 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.
(4) Floodplain management records.
(a) Regardless of any limitation on the period required for retention of public records, records of actions associated with the administration of this chapter shall be kept on file and maintained under the direction of the Floodplain Administrator in perpetuity. These records include permit applications, plans, certifications, Flood Insurance Rate Maps, Letters of Map Change, records of issuance of permits and denial of permits, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage, required design certifications and documentation of elevations required by this chapter, notifications to adjacent communities, FEMA, and the state related to alterations of watercourses, assurances that the flood carrying capacity of altered watercourses will be maintained, documentation related to appeals and variances, including justification for issuance or denial, and records of enforcement actions taken pursuant to this chapter.
(b) These records shall be available for public inspection at the Putnam County Building and Planning Department at 1 West Washington Street 4th Floor, Room 46, Greencastle, Indiana 46135.
(5) Periodic inspection. Once a project is completed, periodic inspections may be conducted by the Floodplain Administrator to ensure compliance. The Floodplain Administrator shall have a right, upon presentation of proper credential, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purpose of inspection or other enforcement action.
(E) Map maintenance activities. To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that Putnam County flood maps, studies and other data identified in § 151.003(B) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to submit new technical data.
(a) For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries.
2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area.
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts, and subdivision or large-scale development proposals requiring the establishment of base flood elevations.
(b) It is the responsibility of the applicant to have required technical data for a Conditional Letter of Map Revision or Letter of Map Revision and submitted to FEMA. The INDNR will review the submittals as part of a partnership with FEMA. The INDNR will review the submittals as part of a partnership with FEMA. The submittal should be mailed to the INDNR at the address provided on the FEMA from (MT-2) or submitted through the online Letter of Map Change website. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(c) The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation.
(d) Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to this section.
(2) Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Putnam County Commissioners and may be submitted to FEMA at any time.
(3) Annexation/detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the Putnam County have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Putnam County, Indiana and Incorporated Areas Flood Insurance Rate Map accurately represent the Putnam County boundaries, include within such notification a copy of a map of Putnam County suitable for reproduction, clearly showing the new corporate limits or the new area for which Putnam County has assumed or relinquished floodplain management regulatory authority.
(F) Variance procedures.
(1) The Board of Zoning Appeals (the Board) as established by the Putnam County Commissioners shall hear and decide appeals and requests for variances from requirements of this chapter.
(2) 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 Putnam County Circuit Court.
(3) In considering 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 danger that materials may be swept onto other lands to the injury of others.
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d) The importance of the services provided by the proposed facility to the community.
(e) The necessity to the facility of a waterfront location, where applicable.
(f) The compatibility of the proposed use with existing and anticipated development.
(g) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(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 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.
(4) A written report addressing each of the above factors shall be submitted with the application for a variance.
(5) Variances from the provisions of this chapter shall only be granted when the Board can make positive findings of fact based on evidence submitted at the hearing for the following:
(a) A showing of good and sufficient cause.
(b) A determination that failure to grant the variance would result in exceptional hardship as defined in § 151.002.
(c) 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.
(6) No variance for a residential use within a floodway subject to § 151.005 (A)(1), (A)(3)(a) or (A)(4) will be granted.
(7) Any variance granted in a floodway subject to § 151.005 (A)(1), (A)(3)(a), or (A)(4) will require a permit from INDNR. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(8) Variances to the provisions of flood hazard reduction of § 151.005 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.
(9) Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic structure" and the variance is the minimum to preserve the historic character and design of the structure.
(10) Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use.
(11) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(12) Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(13) 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.
(14) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the FEMA or INDNR upon request.
(Ord. 2022-11-7, passed 10-12-2022)