§ 160.06  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 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 chapter.
   (A)   The application for an Improvement Location Permit shall be accompanied by the following:
      (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 development. Elevation should be in National Geodetic Vertical Datum of 1919 (NGVD) or North American Vertical Datum (NAVD).  In either case the conversion formula should be included.
      (1)   (a)   If the site is in an identified floodway the Zoning Administrator shall require the applicant to forward the applications along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway.  Under the provisions of I.C. 14-28-1-22, 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 etc. undertaken before the actual start of construction of the building.
         (b)   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 Building Official may issue the local Improvement Location Permit, provided the provisions contained in §§ 160.07 and 160.08 of this chapter have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission.
      (2)   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 §§ 160.07 and 160.08 of this chapter 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).
      (3)   (a)   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 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.
         (b)   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.
         (c)   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 the Department of Natural Resources and the provisions contained in §§ 160.07 and 160.08 of this chapter have been met.
   (4)  (a)   If the site is 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 mile, the Zoning Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, floodway fringe and 100 year elevation for the site.
        (b)   Upon receipt, the Zoning Administrator may issue the local Improvement Location Permit, provided the provisions contained in §§ 160.07 and 160.08 of this chapter have been met.
(Ord. 29-1994, passed 10-24-94; Am. Ord. 1-2003, passed 4-14-03)