The FP Floodplain District includes the SFHA or special flood hazard area defined herein, and the FP Floodplain District is composed of three flood areas or districts identified as floodplain, floodway, and floodway fringe. Floodplain Districts, designated as “FP” are established to guide development in areas where a potential for damage from floodwater exists.
(A) Participants.
(1) The county is currently participating in the regular phase of the National Flood Insurance Program (NFIP). This chapter will allow the county to maintain compliance with the minimum standards of the NFIP.
(2) Vevay is currently participating in the regular phase of the National Flood Insurance Program (NFIP). This chapter will allow the town to maintain compliance with the minimum standards of the NFIP.
(3) Patriot is currently participating in the regular phase of the National Flood Insurance Program (NFIP). This chapter will allow the town to maintain compliance with the minimum standards of the NFIP.
(B) Disposition of application for permits. All improvement location or building permit applications located in the floodway or floodplain, where the limits of the floodway and floodway fringe have not yet been determined, are to be forwarded to Natural Resources for appropriate review and/or approval. Local permit applications located in the floodway fringe do not require a review from the Department of Natural Resources due to the fact that the Executive Director can establish a lowest floor elevation. All language referring to permitted uses, nonconforming uses, and variances is in compliance with the state’s minimum standards for floodplain management as found in 310 I.A.C. 6-1. The flood insurance study, dated June, 1979 and the flood insurance rate map, dated December 4, 1979, are adopted by reference and incorporated as part of this code of ordinances as fully as if set out at length herein to be part of this chapter.
(C) Authority. The State Legislature granted the power to local units of government (I.C. 36-7-4) to control land use within their jurisdictions in order to accomplish the following.
(D) Purpose.
(1) The purpose of this chapter is to guide development in the flood hazard areas in order to reduce the potential loss of life and property, reduce the potential for health and safety hazards, and to reduce the potential for extraordinary public expenditures for flood protection and relief.
(2) Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the county, the Town of Vevay, and the Town of Patriot, hereby adopt the following floodplain management regulations in order to accomplish the following:
(a) To prevent unwise developments from increasing flood or drainage hazards to others;
(b) To protect new buildings and major improvements to buildings from flood damage;
(c) To protect human life and health from the hazards of flooding;
(d) To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations;
(e) To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and
(f) To make federally-subsidized flood insurance available for structures and their contents in the county, the Town of Vevay, and the Town of Patriot, by fulfilling the requirements of the National Flood Insurance Program.
(E) Findings of fact.
(1) The flood hazard areas of the county, are subject to periodic inundation which results in loss of life and property, health, and safety hazards; disruption of commerce and governmental services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
(F) Methods of reducing flood losses. In order to accomplish its purposes in part, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected from flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(G) Basis for establishing the areas of special flood hazard. The areas of special flood hazard are identified by the Federal Insurance Administration in scientific and engineering reports entitled The Flood Insurance Study accompanied by flood insurance rate maps, and the flood boundary and floodway maps. The flood insurance studies, et seq., on file in the office of the Executive Director of the County Area Plan Commission, Vevay, Indiana are hereby incorporated as part of this code of ordinances as fully as if set out at length herein.
(H) Abrogation and greater restriction. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restriction; however, where the ordinance comprising this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(I) Interpretation. In the interpretation and application of this section, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under the laws of the state.
(J) Warning and disclosure of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the County Area Plan Commission, its Executive Director, or the County Board of Zoning Appeals, or any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(K) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPEAL. A request for a review of the Executive Director’s interpretation of any provision of this section or a request for a variance.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
BASE FLOOD. The flood having a 1% chance of being equalled or exceeded in any given year.
BUILDING. See STRUCTURE.
DEVELOPMENT.
(a) Any human-made change to improved or unimproved real estate including, but not limited to:
1. Construction, reconstruction, or placement of a building or any addition to a building;
2. Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days;
3. Installing utilities, erection of walls and fences, construction of roads, or similar projects;
4. Construction of flood control structures such as levees, dikes, dams, channel improvements, and the like;
5. Mining, dredging, filling, grading, excavation, or drilling operations;
6. Construction and/or reconstruction of bridges or culverts;
7. Storage of materials; or
8. Any other activity that might change the direction, height, or velocity of flood or surface waters.
(b) DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this section.
EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction or facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this section.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring or concrete or the construction of streets).
FBFM. Flood boundary and floodway map.
FEMA. Federal Emergency Management Agency.
FHBM. Flood hazard boundary map.
FIRM. Flood insurance rate map.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOOD or FLOODWATER. The water of any hike or watercourse which is above the banks and/or outside the channel and banks of such watercourse.
FLOOD HAZARD AREA. Any floodplain, floodway, floodway fringe district, or any combination thereof.
FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zone applicable to the community.
FLOOD INSURANCE STUDY. The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the flood insurance rate maps and the water surface elevation of the base flood.
FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The FLOODPLAIN includes both the floodway and the floodway fringe districts.
FLOOD PROTECTION GRADE or FPG. The elevation of the regulatory flood, plus two feet at any given location in the SFHA.
FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.
FLOODWAY FRINGE. Those portions of the floodplain lying outside the floodway.
FLOOD-PROOFED BUILDING. A commercial or industrial building designed to exclude floodwater from the interior of that building. All such flood-proofing shall be adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and other factors associated with the regulatory flood.
HABITABLE FLOOR. Any floor useable for living purposes, which include working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used only for storage purposes is not a HABITABLE FLOOR.
LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that establishes that a property is not located in a special flood hazard area (SFHA). A LOMA is only issued by FEMA.
LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.
LOWEST, FLOOR. The lowest of the following:
(a) The top of the basement floor;
(b) The top of the garage floor, if the garage is the lowest level of the building;
(c) The top of the first floor or of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
(d) The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of floodwaters unless:
1. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters, by 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; and
2. Such enclosed space shall be usable for the parking of vehicles and building access.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
MOBILE HOME. A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
MOBILE HOME PARK. Whenever the term MOBILE HOME PARK is used in this section, said term shall be defined as a NEW MOBILE HOME PARK or MOBILE HOME SUBDIVISION, or an EXISTING MOBILE HOME PARK or MOBILE HOME SUBDIVISION, whichever is appropriate.
MOBILE HOME TIE-DOWNS - SCHEDULE A.
(a) Sufficient anchorage to resist flotation, collapse, or lateral movement of any mobile home.
(b) At a minimum, such anchorage shall consist of:
1. Over-the-top ties to be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring only one additional tie per side;
2. Frame ties to be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side;
3. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
4. Any additions to the mobile home be similarly anchored.
NATURAL RESOURCES. The State Natural Resources Commission.
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of this section.
NEW MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this section.
NEW MOBILE HOME PARK or MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this section.
RECREATIONAL VEHICLE. A vehicle which is:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projections;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.
REGULATORY FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in § 5 of this section. The REGULATORY FLOOD is also known by the term BASE FLOOD.
REGULATORY FLOOD PROFILE. A longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood.
SFHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the County of Switzerland, the Town of Vevay, and the Town of Patriot that are subject to inundation by the regulatory flood. The SFHAs of the county are generally identified as such on the flood insurance rate map of the county prepared by the Federal Emergency Management Agency and dated January 16, 1980. The SFHAs of Vevay are generally identified as such on the flood insurance rate map of the town prepared by the Federal Emergency Management Agency and dated December 4, 1979. The SFHAs of Patriot are generally identified as such on the flood insurance rate map of the town prepared by the Federal Emergency Management Agency and dated December 4, 1979.
START OF CONSTRUCTION.
(a) The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations, or the erection of temporary forms; nor does it include the installation on property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
(b) For a structure (other than a mobile home) without a basement or poured footing, the START OF CONSTRUCTION includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, START OF CONSTRUCTION means the affixing of the mobile home to its permanent site. For mobile home parks or mobile home subdivisions, START OF CONSTRUCTION is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading of the pouring of concrete pads, and installation of utilities) is completed.
STRUCTURE. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a pre-fabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a historic structure; provided, that the alteration will not preclude the structures continued designation as a historic structure.
VARIANCE. A grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section.
(L) Boundaries and floodplain districts. This section’s protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Department of Natural Resources for review and approval.
(1) The regulatory flood elevation and floodway limits for the SFHAs of the identified creeks shall be as delineated on the 100-year profiles in the flood insurance study of the county dated July, 1979 and the corresponding FBFM dated January 16, 1980 prepared by the Federal Emergency Management Agency. The regulatory flood elevation for the SFHAs of the Ohio River shall be as delineated on the flood insurance study of the county dated July 1979. The floodway limits for the SFHAs of the Ohio River shall be according to the best data available as provided by the Department of Natural Resources.
(2) The regulatory flood elevation for the SFHAs of the Ohio River shall be as delineated on the 100-year flood profiles in the flood insurance study of Vevay dated June, 1979, and the corresponding FIRM dated December 4, 1979, prepared by the Federal Emergency Management Agency. The floodway limits of the Ohio River shall be according to the best data available provided by the Department of Natural Resources.
(3) The regulatory flood elevation for the SFHAs of the Ohio River shall be as delineated on the 100-year flood profiles in the flood insurance study of Patriot dated June 1979, and the corresponding FIRM dated December 4, 1979, prepared by the Federal Emergency Management Agency. The floodway limits of the Ohio River shall be according to the best data available provided by the Department of Natural Resources.
(4) The regulatory flood elevation for the SFHAs of those part of unincorporated the county that are within the extraterritorial jurisdiction of the participating towns shall be as delineated on the 100- year flood profiles in the flood insurance study of the county dated July 1979 and the corresponding FBFM dated January 16, 1980 prepared by the Federal Emergency Management Agency. The floodway limits the Ohio River shall be according to the best data available as provided by the Department of Natural Resources.
(5) If the SFHA is delineated as AH Zone or AO Zone, the elevation (or depth) will be delineated on the county flood insurance rate map. If the SFHA is delineated as Zone A on the county flood insurance rate map, the regulatory flood elevation shall be according to the best data available as provided by the Department of Natural Resources.
(M) Primary uses.
(1) But for the FP Floodplain District, primary uses are authorized in the districts established by or under division (L) above, as shown below.
(2) The following primary uses to be located in a FP Floodplain District shall be subject to the special exception requirements of § 153.014.
(a) Primary use;
(b) Public facilities:
1. Public park or recreational facility-boat docks; and
2. Transmission lines for gas, oil, electricity, or other utilities.
(c) Business uses; food sales and services; roadside food sales stand; and
(d) Business uses; miscellaneous; bait sales.
(N) Special exceptions may be Permitted in the FP Floodplain District.
(1) (a) The following exceptions may be permitted in the FP Floodplain District only after the requirements of § 153.014(B) are complied with and after a proper permit or letter of recommendations for the same has been granted by Natural Resources.
(b) All terms and conditions imposed by Natural Resources shall be incorporated in any improvement location permit issued by the Board. The Board may impose greater restrictions.
(c) All buildings or additions to existing buildings shall have flood protection grades at least two feet above the regulatory flood profile.
(2) The following special exceptions are:
(a) Water management and use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, groins, marinas, piers, wharves, levees, seawalls, floodwalls, weirs, and irrigation facilities;
(b) Transportation facilities, such as streets, bridges, roadways, fords, airports, pipe lines, railroad, and utility transmission facilities;
(c) Temporary or seasonal floodplain occupancy, such as circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands, and transient amusement facility sites;
(d) Water-related urban uses, such as wastewater treatment facilities, storm sewers, electric generating and transmission facilities, and water treatment facilities;
(e) Other flood tolerant or open space urban uses, such as flood-proofed buildings, race tracks, tennis courts, park buildings, outdoor theaters, fills, truck freight terminals, radio or TV towers, parking lots, and mineral extractions;
(f) Mobile homes (temporary or permanent) having pads (concrete or stands or compacted fill) at or above the regulatory flood elevation and ground anchors meeting mobile home tie-downs; Schedule A; and
(g) Residential structures.
(O) Additional special exception requirement.
(1) To be eligible for the granting of a special exception listed under this section, a person must apply for an improvement location permit under §§ 153.080 through 153.082. In addition, wherever the proposed special exception is located in a FP Floodplain District, a person must obtain a proper permit or letter of recommendation for said proposed special exception from Natural Resources. The Executive Director shall send each such application and, if appropriate, any documents from Natural Resources to the Plan Commission, which shall determine how the granting of the special exception would affect the comprehensive plan.
(2) (a) Within 30 days after the date on which it receives the application and any other required documents, the Plan Commission shall report its determination to the Board, for action by it as authorized by § 153.014(B).
(b) If the Plan Commission does not report within that period, the Board may act under § 153.014(B) without such a report.
(c) If the Board grants the special exception, it shall direct the Executive Director to issue the improvement location permit for the special exception.
(P) Variances.
(1) The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this section provided the applicant demonstrates that:
(a) There exists a good and sufficient cause for the requested variance;
(b) The strict application of the terms of this section will constitute an exceptional hardship to the applicant; and
(c) The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expenses, create nuisances, cause fraud, or victimization of the public, or conflict with existing laws or ordinances.
(2) The Board of Zoning Appeals may issue a variance to the terms and provisions of this section subject to the following standards and conditions.
(a) No variance or exception for a residential use within a floodway subject to divisions (R)(1) or (R)(2) below may be granted.
(b) Any variance or exception granted in a floodway subject to divisions (R)(1) or (R)(2) below will require a permit from Natural Resources.
(c) Variances or exceptions to the Building Protection Standards of division (S) below 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.
(d) Variance or exception may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the State Survey or Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects.
(e) All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction.
(f) 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.
(Q) Nonconforming uses. Any building structure or other use in a FP Floodplain District which is not in conformance with this section constitutes a nonconforming use.
(1) A nonconforming use in a FP Floodplain District may be altered, enlarged, or extended, on a one-time only basis; provided, the procedures set forth in this section with respect to new construction in a FP Floodplain District are followed, and further provided, such alteration, enlargements, or extensions do not increase the value of the building structure or other use (excluding the value of land) by more than 40% of its pre-improvement market value, unless such building, structure, or use is permanently changed to a conforming use.
(2) Any nonconforming use in the FP Floodplain District which is damaged by flood, fire, explosion, Act of God, or the public enemy may be restored to its original dimensions and conditions, provided the damage does not reduce the value of the buildings, excluding the value of the land, by more than 40% of its pre-damage value.
(R) Development in SFHA. No development in the 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 boundary and floodway 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 county, the Town of Vevay, and the Town of Patriot shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data.
(2) Within all SFHAs identified as A Zones (no 100-year flood elevation and/or floodway/floodway fringe delineation has been provided) the following standard shall apply: 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 of one foot and will not increase flood damages or potential flood damages.
(3) Public health standards in all SFHAs.
(a) No development in the 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 flood-proofed storage tank or building constructed according to the requirements of division (S) below.
(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 water-tight.
(S) Protecting buildings. In addition to the damage prevention requirements of division (R) above, all buildings to be located in the SFHA shall be protected from flood damage below the FPG.
(1) This building protection requirements applies to the following situations:
(a) Construction or placement of any new buildings having a floor area greater than 400 square feet;
(b) Structural alterations made to an existing building that increase the market value of the building by more than 50% (excluding value of the land);
(c) Any subsequent alterations;
(d) Reconstruction or repairs made to 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 section 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 Executive Director shall maintain a record of compliance with these building protection standards as required in 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 one-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 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 three horizontal to one vertical;
4. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties; and
5. The top of the lowest floor including basements, (see definition of “lowest floor” in division (K) above) shall be at or above the 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 floodwaters, 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 opening shall be no higher than one foot above grade; and
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 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 FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other water-proofed service facilities may be located below the 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. a. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
b. This requirement applies to all manufactured homes to be placed on a site:
i. Outside a manufactured home park or subdivision;
ii. In a new manufactured home park or subdivision;
iii. In an expansion to an existing manufactured home park or subdivision; or
iv. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood.
2. a. 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.
b. 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.
(d) Recreational vehicles placed on a site shall either:
1. Be on the site for less than 180 consecutive days;
2. Be fully licensed and ready for highway use (defined as being on its wheels or a jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
3. Meet the requirements for “manufactured homes” in division (S)(2)(c) above.
(e) A nonresidential building may be flood-proofed to the FPG (in lieu of elevating) if done in accordance with the following:
1. A registered professional engineer shall certify that the building has been designed so that below the FPG, the structure and attendant utility facilities are water-tight 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 and ice; and
2. Flood-proofing measures shall be operable without human intervention and without an outside source of electricity.
(T) Other development requirements.
(1) (a) The Executive Director shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined elsewhere by section. If the Executive Director finds the subdivision to be so located, the Executive Director shall forward plans and materials to the State Department of Natural Resources for review and comment.
(b) The Executive Director shall require appropriate changes and modifications in order to assure that:
1. It is consistent with the needs to minimize flood damages;
2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
3. Adequate drainage is provided so as to reduce exposure to flood hazards; and
4. On-site 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.
(2) Developers shall record the 100-year flood elevation on all subdivision plats containing lands (identified elsewhere by this section) within a flood hazard area prior to submitting the plats for approval by the Plan Commission.
(3) All owners of manufactured home parks or subdivisions located within the SFHA identified as Zone A on the community’s FMBM or FIRM shall develop an evacuation plan for those lots located in the SFHA and file it with the local Plan Commission and have it filed with an approved by the appropriate community emergency management authorities.
(U) Improvement location permits in special flood hazard areas. No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining an improvement location permit from the Executive Director. The Executive Director 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; and
(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 Executive Director 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) 1. If the site is in an identified floodway, the Executive Director 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.
2. Under the provisions of I.C. 13-2-22, 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.
3. No action shall be taken by the Executive Director 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 Executive Director may issue the improvement location permit, provided the provisions contained in this section have been met. The improvement location permit cannot be less restrictive than the permit issued by the Natural Resources Commission.
(b) If the site is located in an identified floodway fringe, than the Executive Director may issue the local improvement location permit provided the provisions contained in 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).
(c) 1. 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 insurance rate map), and the drainage area upstream of the site is greater than one square mile, the Executive Director 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.
2. No action shall be taken by the Executive Director 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.
3. Once the Executive Director 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 this section have been met.
(d) 1. If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is less than one square mite, the Executive Director shall require the applicant to provide an engineering analysis showing the limit of the floodway, floodway fringe, and 100-year elevation for the site.
2. Upon receipt, the Executive Director may issue the improvement location permit, provided the provisions contained in divisions (R) and (S) above have been met.
(3) 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 section does not create any liability on the part of the community, natural resources, or the state, for any flood damage that results from reliance on this section or any administrative decision made lawfully thereunder.
(V) Duties.
(1) The Area Plan Commission, acting by and through its Executive Director, shall implement this section.
(2) The Executive Director is appointed to review all development and subdivision proposals to ensure compliance with this section, including, but not limited to, the following duties:
(a) Ensure that all development activities within the SFHAs of the jurisdiction of the county, the Town of Vevay, and the Town of Patriot, meet the requirements of this section;
(b) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
(c) Ensure the construction authorization has been granted by the State Natural Resources Commission for all development projects subject to division (R) above, and maintain a record of such authorization (either copy of actual permit or letter of recommendation);
(d) Maintain a record of the as-built elevation of the top of the lowest door (including basement) of all new and/or substantially improved buildings constructed in the SFHA. Inspect before, during, and after construction;
(e) Maintain a record of the engineer’s certificate and the as-built flood-proofed elevation of all buildings subject to division (S) above;
(f) Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this section. Submit reports as required for the National Flood Insurance Program;
(g) 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 flood-proofing data for all building constructed subject to this section; and
(h) Notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notification to FEMA.
(W) Special requirement. The Commission or Board shall not issue any permit, license, or variance for the location or occupancy of any mobile home in a FP Floodplain District, until such time as proper notice written on lease, deed, or purchase contract is given to the mobile home owner that such mobile home is in a flood hazard area.
(Ord. passed - -1996)
USES