Fishers City Zoning Code

CHAPTER 9

FLOODPLAIN STANDARDS

Sec. 9.1.1. Defined

The channel proper and the areas adjoining any wetland, lake or watercourse that have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts.

Effective on: 1/1/1901

Sec. 9.1.2. Applicability

This Floodplain Standards Section applies to every zoning district.

Statutory Authorization, Findings of Fact, Purpose, and Objectives
1. Statutory Authorization. In accordance with State Law the City has established the following floodplain management regulations.
2. Findings of Fact.
  1. The flood hazard areas of the planning and zoning jurisdiction of the City 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 floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages.
3. Purpose & Intent. It is the purpose and intent of this Article is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
  1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities;
  2. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
  3. Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of floodwaters;
  4. Control filling, grading, dredging, and other development that may increase erosion or flood damage;
  5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
  6. Make federally subsidized flood insurance available for structures and their contents in the planning and zoning jurisdiction of the City by fulfilling the requirements of the National Flood Insurance Program.
4. Objectives. The objectives of this Article are to:
  1. Protect human life and health;
  2. Minimize expenditure of public money for costly flood control projects;
  3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public;
  4. Minimize prolonged business interruptions;
  5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains;
  6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and
  7. Ensure that potential home buyers are notified that property is in a flood area.
5. Cross Reference: See also Ordinance No. 081505: Stormwater Management Ordinance, as amended, for storm water and additional floodplain regulations.

Effective on: 1/1/1901

Sec. 9.1.3. General Provisions

Lands to Which this Ordinance Applies

This Section shall apply to all Special Flood Hazard Areas (SFHA) and known flood prone areas within the planning and zoning jurisdiction of the City.

Basis for Establishing Regulatory Flood Data

The protection standard of this Section 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 Indiana Department of Natural Resources (DNR) for review and approval.

The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs of the planning and zoning jurisdiction of the City shall be as delineated on the 1% annual chance flood profiles in the Flood Insurance Study of Hamilton County, Indiana and Incorporated Areas, and the corresponding Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), as well as any future updates, amendments, or revisions, prepared by the FEMA with the most recent date.
The regulatory flood elevation, floodway, and fringe limits for each of the unstudied SFHAs of the planning and zoning jurisdiction of the City delineated as an “A Zone” on the FIRM of Hamilton County, Indiana and Incorporated Areas prepared by the FEMA and dated February 19, 2003 as well as any future updates, amendments, or revisions, prepared by the FEMA with the most recent date.
In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best available as provided by the Indiana DNR; provided the upstream drainage area from the subject site is greater than one square mile.

Establishment of Floodplain Development Permit

A Floodplain Development Permit shall be required in conformance with the provisions of this Article prior to the commencement of any development activities in SFHA.

Compliance

No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this Article and other applicable regulations. No land or stream within this SFHA shall hereafter be altered without full compliance with the terms of Article and other applicable regulations.

Abrogation and Greater Restrictions

This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Discrepancy between Mapped Floodplain and Actual Ground Elevations

In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the SFHA and the floodplain regulations shall not be applied. The property owner should be advised to apply for a LOMA.

Interpretation

In the interpretation and application of Article all provisions shall be:

Considered as minimum requirements;
Liberally construed in favor of the City; and
Deemed neither to limit nor repeal any other powers granted under State statutes.

Warning and Disclaimer of Liability

The degree of flood protection required by the Article and the UDO 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, the Article and the UDO does not create any liability on the part of the City, the Indiana DNR, or the State, for any flood damage that results from reliance on the UDO or any administrative decision made lawfully thereunder.

Penalties for Floodplain Standards Violation

Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a Floodplain Standards Variance shall be deemed to be a violation of the UDO. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of CHAPTER 11. ENFORCEMENT & PENALTIES of the UDO. All violations shall be punishable by a fine not exceeding $500.00.

A separate violation shall be deemed to occur for each day the violation continues to exist.
The City shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person responsible.

Increased Cost of Compliance (ICC)

In order for buildings to qualify for a claim payment under ICC coverage as a "repetitive loss structure", the National Reform Act of 1994 requires that the building be covered by a contract for flood insurance and incur flood-related damages on two occasions during a 10-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on average, equaled or exceeded 25 percent of the market value of the building at the time of each such flood event.

Effective on: 7/20/2018

Sec. 9.1.4. Administration

Designation of Administrator

The Council hereby appoints the Director of Public Works or designated representative to administer and implement the provisions of Article and is herein referred to as the “Floodplain Administrator.”

Floodplain Development Permit Procedures

Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on forms furnished by the City 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:

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) or North American Vertical Datum 1988 (NAVD 88);
6. Elevation (in NAVD 88 or NGVD) to which any nonresidential structure will be floodproofed; and
7. Description of the extent to which any watercourse will be altered or related because of proposed development.
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 NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as built. Said 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 structure said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holders’ risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.) The permit holder shall correct deficiencies detected by such review before any further work can proceed. 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.

Effective on: 1/1/1901

Sec. 9.1.5. Provisions for Flood Hazard Reduction

General Standards

In all SFHAs and known flood prone areas the following provisions are required:

New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
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;
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the flood protection grade (FPG);
New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;
Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at or above the FPG or designed to prevent water from entering or accumulating within the components below the FPG during conditions of flooding. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG);
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
Any alteration, repair, reconstruction or improvements to a structure that follows the provisions of Article shall meet the requirements of “new construction” as contained in this Article; and
Any alteration, repair, reconstruction or improvement to a structure that is not in compliance with the provisions of Article shall be undertaken only if said nonconformity is not further extended or replaced.
Whenever any portion of the SFHA is authorized for use, the volume of space that will be occupied by the authorized fill or structure below the base flood elevation (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 1:1) due to the fill or structure.
1. The excavation shall take place in the floodplain and in the same immediate property in which the authorized fill or structure is located;
2. Under certain circumstances, the excavation may be allowed to take place outside, but adjacent to, the floodplain provided that the excavated volume:
  1. Shall be below the regulatory flood elevation;
  2. Shall be in the same immediate property in which the authorized fill or structure is located;
  3. Shall be graded such that the excavation shall be accessible to the regulatory floodwater;
  4. Shall provide for true storage of floodwater and shall not be subject to ponding when not inundated by flood water; and
  5. Shall not be refilled.
3. The fill or structure shall not obstruct a drainage way leading to the floodplain;
4. 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
5. 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 Section.

Specific Standards

In all SFHAs, the following provisions are required:

All Construction. In addition to the requirements of Sec. 9.1.5.A. General Standards, all structures located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
1. Construction or placement of any new structure having a floor area greater than 400 square feet;
2. Addition or improvement made to any existing structure:
  1. Where the cost of which equals or exceeds 50% of the value of the pre-altered structure (excluding the value of the land);
  2. With a previous addition or improvement constructed since the community's first floodplain ordinance.
3. Reconstruction or repairs made to a damaged structure where the cost of restoring the structure to its before-damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damaged occurred;
4. Installing a travel trailer or recreational vehicle on a site for more than 180 days;
5. 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
6. Reconstruction on repairs made to a repetitive loss structure.
Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two (2) feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Sec. 9.1.5.B.4. Elevated Structures.
Nonresidential Construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure (or manufactured home) shall have the lowest floor, including basement, elevated to or above the FPG (two (2) feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Sec. 9.1.5.B.4. Elevated Structures. Structures located in all “A Zones” may be floodproofed in lieu of being elevated if done in accordance with the following:
1. A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall consider flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the Floodplain Administrator as set forth in Sec. 2.2.6 Floodplain Administrator.
2. Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
1. Designs for complying with this requirement must meet the follow minimum criteria:
2. Provide a minimum of two (2) openings, located in a minimum of two (2) exterior walls, having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;
3. The bottom of all openings shall be no higher than one (1) foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and
4. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
5. Openings are to be not less than three (3) inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
6. Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and
7. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
8. The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.
9. Where elevation requirements exceed six (6) feet above the highest adjacent grade, a copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structure’s originally approved design, shall be presented as a condition of issuance of the final Certificate of Occupancy.
Structures Constructed on Fill. A residential or nonresidential structure 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 (1) foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method.
2. The fill should extend at least 10 feet beyond the foundation of the structure 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 a 3:1 ratio.
4. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
5. The top of the lowest floor, including basements, shall be at or above the FPG.
Standards for Manufactured Homes and Recreational Vehicles: Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one (1) of the following requirements:
1. 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. This requirement applies to all manufactured homes to be placed on a site:
  1. Outside a manufactured home park or subdivision;
  2. In a new manufactured home park or subdivision;
  3. In an expansion to an existing manufactured home park or subdivision; or
  4. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.
2. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations 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. 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.
3. Manufactured homes with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Sec. 9.1.5.B.4. Elevated Structures.
4. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
5. Recreational vehicles placed on a site shall either:
  1. Be on site for less than 180 days; and
  2. Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is 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” as stated earlier in Sec. 9.1.5.B.6. Standards for Manufactured Homes and Recreational Vehicles.

Critical Facility.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances shall not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible.

Standards for Identified Floodways.

Located within SFHAs, established in Sec. 9.1.3B. Basis for Establishing Regulatory Flood Data, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential.

If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana DNR and apply for a Permit for Construction in a Floodway. Under the provisions of IC 14-28-1 a Permit for Construction in a Floodway from the Indiana DNR 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 structure. However, it does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. The provisions of IC 14-28-1-26 allows construction of non-substantial additions/improvements to residences in a non-boundary river floodway without obtaining a Permit for Construction in a Floodway from the Indiana DNR. Please note that if fill is needed to elevate an addition above the existing grade, prior approval for the fill is required from the Indiana DNR.
The Floodplain Administrator shall take no action until a Permit for Construction in a Floodway (when applicable) has been issued by the Indiana DNR granting approval for construction in the floodway. Once a Permit for Construction in a Floodway has been issued by the Indiana DNR, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction have been met. The Floodplain Development Permit cannot be less restrictive than the Permit for Construction in a Floodway issued by the Indiana DNR. However, the City’s more restrictive regulations (if any) shall take precedence.
No development shall be allowed which, acting alone or in combination with existing or future development, will increase the regulatory flood more than fourteen-hundredths (0.14) of one (1) foot; and
For all projects involving channel modifications or fill (including levees) the City shall submit the data and request that the FEMA revise the regulatory flood data

Standards for Identified Fringe

If the site is in an identified fringe, then the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction 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.

Standards for SFHAs Without Established Base Flood Elevation and/or Floodways/Fringes

Drainage area upstream of the site is greater than one (1) 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 (1) square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana DNR for review and comment.
2. The Floodplain Administrator shall take no action until either a Permit for Construction in a Floodway or a floodplain analysis/regulatory assessment citing the one percent annual chance flood elevation and the recommended Flood Protection Grade has been received from the Indiana DNR.
3. Once the Floodplain Administrator has received the Permit for Construction in a Floodway or floodplain analysis/regulatory assessment from the Indiana DNR 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 DNR and the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction have been met.
Drainage area upstream of the site is less than one (1) 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 (1) square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, fringe and one percent annual chance flood elevation for the site.
2. Upon review, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction have been met.
The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the regulatory flood more than fourteen-hundredths (0.14) of one (1) foot and shall not increase flood damages or potential flood damages.

Effective on: 7/20/2018

Fishers City Zoning Code

CHAPTER 9

FLOODPLAIN STANDARDS

Sec. 9.1.1. Defined

Effective on: 1/1/1901

Sec. 9.1.2. Applicability

This Floodplain Standards Section applies to every zoning district.

Statutory Authorization, Findings of Fact, Purpose, and Objectives
1. Statutory Authorization. In accordance with State Law the City has established the following floodplain management regulations.
2. Findings of Fact.
  1. The flood hazard areas of the planning and zoning jurisdiction of the City 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 floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages.
3. Purpose & Intent. It is the purpose and intent of this Article is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
  1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities;
  2. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
  3. Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of floodwaters;
  4. Control filling, grading, dredging, and other development that may increase erosion or flood damage;
  5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
  6. Make federally subsidized flood insurance available for structures and their contents in the planning and zoning jurisdiction of the City by fulfilling the requirements of the National Flood Insurance Program.
4. Objectives. The objectives of this Article are to:
  1. Protect human life and health;
  2. Minimize expenditure of public money for costly flood control projects;
  3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public;
  4. Minimize prolonged business interruptions;
  5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains;
  6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and
  7. Ensure that potential home buyers are notified that property is in a flood area.
5. Cross Reference: See also Ordinance No. 081505: Stormwater Management Ordinance, as amended, for storm water and additional floodplain regulations.

Effective on: 1/1/1901

Sec. 9.1.3. General Provisions

Lands to Which this Ordinance Applies

This Section shall apply to all Special Flood Hazard Areas (SFHA) and known flood prone areas within the planning and zoning jurisdiction of the City.

Basis for Establishing Regulatory Flood Data

The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs of the planning and zoning jurisdiction of the City shall be as delineated on the 1% annual chance flood profiles in the Flood Insurance Study of Hamilton County, Indiana and Incorporated Areas, and the corresponding Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), as well as any future updates, amendments, or revisions, prepared by the FEMA with the most recent date.
The regulatory flood elevation, floodway, and fringe limits for each of the unstudied SFHAs of the planning and zoning jurisdiction of the City delineated as an “A Zone” on the FIRM of Hamilton County, Indiana and Incorporated Areas prepared by the FEMA and dated February 19, 2003 as well as any future updates, amendments, or revisions, prepared by the FEMA with the most recent date.
In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best available as provided by the Indiana DNR; provided the upstream drainage area from the subject site is greater than one square mile.

Establishment of Floodplain Development Permit

A Floodplain Development Permit shall be required in conformance with the provisions of this Article prior to the commencement of any development activities in SFHA.

Compliance

Abrogation and Greater Restrictions

Discrepancy between Mapped Floodplain and Actual Ground Elevations

In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the SFHA and the floodplain regulations shall not be applied. The property owner should be advised to apply for a LOMA.

Interpretation

In the interpretation and application of Article all provisions shall be:

Considered as minimum requirements;
Liberally construed in favor of the City; and
Deemed neither to limit nor repeal any other powers granted under State statutes.

Warning and Disclaimer of Liability

Penalties for Floodplain Standards Violation

A separate violation shall be deemed to occur for each day the violation continues to exist.
The City shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person responsible.

Increased Cost of Compliance (ICC)

Effective on: 7/20/2018

Sec. 9.1.4. Administration

Designation of Administrator

Floodplain Development Permit Procedures

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) or North American Vertical Datum 1988 (NAVD 88);
6. Elevation (in NAVD 88 or NGVD) to which any nonresidential structure will be floodproofed; and
7. Description of the extent to which any watercourse will be altered or related because of proposed development.
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 NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as built. Said 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 structure said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holders’ risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.) The permit holder shall correct deficiencies detected by such review before any further work can proceed. 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.

Effective on: 1/1/1901

Sec. 9.1.5. Provisions for Flood Hazard Reduction

General Standards

In all SFHAs and known flood prone areas the following provisions are required:

New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
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;
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the flood protection grade (FPG);
New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;
Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at or above the FPG or designed to prevent water from entering or accumulating within the components below the FPG during conditions of flooding. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG);
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
Any alteration, repair, reconstruction or improvements to a structure that follows the provisions of Article shall meet the requirements of “new construction” as contained in this Article; and
Any alteration, repair, reconstruction or improvement to a structure that is not in compliance with the provisions of Article shall be undertaken only if said nonconformity is not further extended or replaced.
Whenever any portion of the SFHA is authorized for use, the volume of space that will be occupied by the authorized fill or structure below the base flood elevation (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 1:1) due to the fill or structure.
1. The excavation shall take place in the floodplain and in the same immediate property in which the authorized fill or structure is located;
2. Under certain circumstances, the excavation may be allowed to take place outside, but adjacent to, the floodplain provided that the excavated volume:
  1. Shall be below the regulatory flood elevation;
  2. Shall be in the same immediate property in which the authorized fill or structure is located;
  3. Shall be graded such that the excavation shall be accessible to the regulatory floodwater;
  4. Shall provide for true storage of floodwater and shall not be subject to ponding when not inundated by flood water; and
  5. Shall not be refilled.
3. The fill or structure shall not obstruct a drainage way leading to the floodplain;
4. 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
5. 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 Section.

Specific Standards

In all SFHAs, the following provisions are required:

All Construction. In addition to the requirements of Sec. 9.1.5.A. General Standards, all structures located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
1. Construction or placement of any new structure having a floor area greater than 400 square feet;
2. Addition or improvement made to any existing structure:
  1. Where the cost of which equals or exceeds 50% of the value of the pre-altered structure (excluding the value of the land);
  2. With a previous addition or improvement constructed since the community's first floodplain ordinance.
3. Reconstruction or repairs made to a damaged structure where the cost of restoring the structure to its before-damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damaged occurred;
4. Installing a travel trailer or recreational vehicle on a site for more than 180 days;
5. 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
6. Reconstruction on repairs made to a repetitive loss structure.
Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two (2) feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Sec. 9.1.5.B.4. Elevated Structures.
Nonresidential Construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure (or manufactured home) shall have the lowest floor, including basement, elevated to or above the FPG (two (2) feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Sec. 9.1.5.B.4. Elevated Structures. Structures located in all “A Zones” may be floodproofed in lieu of being elevated if done in accordance with the following:
1. A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall consider flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the Floodplain Administrator as set forth in Sec. 2.2.6 Floodplain Administrator.
2. Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
1. Designs for complying with this requirement must meet the follow minimum criteria:
2. Provide a minimum of two (2) openings, located in a minimum of two (2) exterior walls, having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;
3. The bottom of all openings shall be no higher than one (1) foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and
4. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
5. Openings are to be not less than three (3) inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
6. Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and
7. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
8. The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.
9. Where elevation requirements exceed six (6) feet above the highest adjacent grade, a copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structure’s originally approved design, shall be presented as a condition of issuance of the final Certificate of Occupancy.
Structures Constructed on Fill. A residential or nonresidential structure 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 (1) foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method.
2. The fill should extend at least 10 feet beyond the foundation of the structure 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 a 3:1 ratio.
4. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
5. The top of the lowest floor, including basements, shall be at or above the FPG.
Standards for Manufactured Homes and Recreational Vehicles: Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one (1) of the following requirements:
1. 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. This requirement applies to all manufactured homes to be placed on a site:
  1. Outside a manufactured home park or subdivision;
  2. In a new manufactured home park or subdivision;
  3. In an expansion to an existing manufactured home park or subdivision; or
  4. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.
2. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations 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. 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.
3. Manufactured homes with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Sec. 9.1.5.B.4. Elevated Structures.
4. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
5. Recreational vehicles placed on a site shall either:
  1. Be on site for less than 180 days; and
  2. Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is 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” as stated earlier in Sec. 9.1.5.B.6. Standards for Manufactured Homes and Recreational Vehicles.

Critical Facility.

Standards for Identified Floodways.

If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana DNR and apply for a Permit for Construction in a Floodway. Under the provisions of IC 14-28-1 a Permit for Construction in a Floodway from the Indiana DNR 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 structure. However, it does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. The provisions of IC 14-28-1-26 allows construction of non-substantial additions/improvements to residences in a non-boundary river floodway without obtaining a Permit for Construction in a Floodway from the Indiana DNR. Please note that if fill is needed to elevate an addition above the existing grade, prior approval for the fill is required from the Indiana DNR.
The Floodplain Administrator shall take no action until a Permit for Construction in a Floodway (when applicable) has been issued by the Indiana DNR granting approval for construction in the floodway. Once a Permit for Construction in a Floodway has been issued by the Indiana DNR, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction have been met. The Floodplain Development Permit cannot be less restrictive than the Permit for Construction in a Floodway issued by the Indiana DNR. However, the City’s more restrictive regulations (if any) shall take precedence.
No development shall be allowed which, acting alone or in combination with existing or future development, will increase the regulatory flood more than fourteen-hundredths (0.14) of one (1) foot; and
For all projects involving channel modifications or fill (including levees) the City shall submit the data and request that the FEMA revise the regulatory flood data

Standards for Identified Fringe

Standards for SFHAs Without Established Base Flood Elevation and/or Floodways/Fringes

Drainage area upstream of the site is greater than one (1) 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 (1) square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana DNR for review and comment.
2. The Floodplain Administrator shall take no action until either a Permit for Construction in a Floodway or a floodplain analysis/regulatory assessment citing the one percent annual chance flood elevation and the recommended Flood Protection Grade has been received from the Indiana DNR.
3. Once the Floodplain Administrator has received the Permit for Construction in a Floodway or floodplain analysis/regulatory assessment from the Indiana DNR 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 DNR and the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction have been met.
Drainage area upstream of the site is less than one (1) 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 (1) square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, fringe and one percent annual chance flood elevation for the site.
2. Upon review, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction have been met.
The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the regulatory flood more than fourteen-hundredths (0.14) of one (1) foot and shall not increase flood damages or potential flood damages.

Effective on: 7/20/2018

Fishers City Zoning Code

CHAPTER 9

FLOODPLAIN STANDARDS

Sec. 9.1.1. Defined

Effective on: 1/1/1901

Sec. 9.1.2. Applicability

This Floodplain Standards Section applies to every zoning district.

Statutory Authorization, Findings of Fact, Purpose, and Objectives
1. Statutory Authorization. In accordance with State Law the City has established the following floodplain management regulations.
2. Findings of Fact.
  1. The flood hazard areas of the planning and zoning jurisdiction of the City 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 floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages.
3. Purpose & Intent. It is the purpose and intent of this Article is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
  1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities;
  2. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
  3. Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of floodwaters;
  4. Control filling, grading, dredging, and other development that may increase erosion or flood damage;
  5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
  6. Make federally subsidized flood insurance available for structures and their contents in the planning and zoning jurisdiction of the City by fulfilling the requirements of the National Flood Insurance Program.
4. Objectives. The objectives of this Article are to:
  1. Protect human life and health;
  2. Minimize expenditure of public money for costly flood control projects;
  3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public;
  4. Minimize prolonged business interruptions;
  5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains;
  6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and
  7. Ensure that potential home buyers are notified that property is in a flood area.
5. Cross Reference: See also Ordinance No. 081505: Stormwater Management Ordinance, as amended, for storm water and additional floodplain regulations.

Effective on: 1/1/1901

Sec. 9.1.3. General Provisions

Lands to Which this Ordinance Applies

This Section shall apply to all Special Flood Hazard Areas (SFHA) and known flood prone areas within the planning and zoning jurisdiction of the City.

Basis for Establishing Regulatory Flood Data

The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs of the planning and zoning jurisdiction of the City shall be as delineated on the 1% annual chance flood profiles in the Flood Insurance Study of Hamilton County, Indiana and Incorporated Areas, and the corresponding Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), as well as any future updates, amendments, or revisions, prepared by the FEMA with the most recent date.
The regulatory flood elevation, floodway, and fringe limits for each of the unstudied SFHAs of the planning and zoning jurisdiction of the City delineated as an “A Zone” on the FIRM of Hamilton County, Indiana and Incorporated Areas prepared by the FEMA and dated February 19, 2003 as well as any future updates, amendments, or revisions, prepared by the FEMA with the most recent date.
In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best available as provided by the Indiana DNR; provided the upstream drainage area from the subject site is greater than one square mile.

Establishment of Floodplain Development Permit

A Floodplain Development Permit shall be required in conformance with the provisions of this Article prior to the commencement of any development activities in SFHA.

Compliance

Abrogation and Greater Restrictions

Discrepancy between Mapped Floodplain and Actual Ground Elevations

In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the SFHA and the floodplain regulations shall not be applied. The property owner should be advised to apply for a LOMA.

Interpretation

In the interpretation and application of Article all provisions shall be:

Considered as minimum requirements;
Liberally construed in favor of the City; and
Deemed neither to limit nor repeal any other powers granted under State statutes.

Warning and Disclaimer of Liability

Penalties for Floodplain Standards Violation

A separate violation shall be deemed to occur for each day the violation continues to exist.
The City shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person responsible.

Increased Cost of Compliance (ICC)

Effective on: 7/20/2018

Sec. 9.1.4. Administration

Designation of Administrator

Floodplain Development Permit Procedures

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) or North American Vertical Datum 1988 (NAVD 88);
6. Elevation (in NAVD 88 or NGVD) to which any nonresidential structure will be floodproofed; and
7. Description of the extent to which any watercourse will be altered or related because of proposed development.
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 NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as built. Said 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 structure said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holders’ risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.) The permit holder shall correct deficiencies detected by such review before any further work can proceed. 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.

Effective on: 1/1/1901

Sec. 9.1.5. Provisions for Flood Hazard Reduction

General Standards

In all SFHAs and known flood prone areas the following provisions are required:

New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
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;
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the flood protection grade (FPG);
New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;
Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at or above the FPG or designed to prevent water from entering or accumulating within the components below the FPG during conditions of flooding. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG);
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
Any alteration, repair, reconstruction or improvements to a structure that follows the provisions of Article shall meet the requirements of “new construction” as contained in this Article; and
Any alteration, repair, reconstruction or improvement to a structure that is not in compliance with the provisions of Article shall be undertaken only if said nonconformity is not further extended or replaced.
Whenever any portion of the SFHA is authorized for use, the volume of space that will be occupied by the authorized fill or structure below the base flood elevation (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 1:1) due to the fill or structure.
1. The excavation shall take place in the floodplain and in the same immediate property in which the authorized fill or structure is located;
2. Under certain circumstances, the excavation may be allowed to take place outside, but adjacent to, the floodplain provided that the excavated volume:
  1. Shall be below the regulatory flood elevation;
  2. Shall be in the same immediate property in which the authorized fill or structure is located;
  3. Shall be graded such that the excavation shall be accessible to the regulatory floodwater;
  4. Shall provide for true storage of floodwater and shall not be subject to ponding when not inundated by flood water; and
  5. Shall not be refilled.
3. The fill or structure shall not obstruct a drainage way leading to the floodplain;
4. 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
5. 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 Section.

Specific Standards

In all SFHAs, the following provisions are required:

All Construction. In addition to the requirements of Sec. 9.1.5.A. General Standards, all structures located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
1. Construction or placement of any new structure having a floor area greater than 400 square feet;
2. Addition or improvement made to any existing structure:
  1. Where the cost of which equals or exceeds 50% of the value of the pre-altered structure (excluding the value of the land);
  2. With a previous addition or improvement constructed since the community's first floodplain ordinance.
3. Reconstruction or repairs made to a damaged structure where the cost of restoring the structure to its before-damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damaged occurred;
4. Installing a travel trailer or recreational vehicle on a site for more than 180 days;
5. 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
6. Reconstruction on repairs made to a repetitive loss structure.
Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two (2) feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Sec. 9.1.5.B.4. Elevated Structures.
Nonresidential Construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure (or manufactured home) shall have the lowest floor, including basement, elevated to or above the FPG (two (2) feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Sec. 9.1.5.B.4. Elevated Structures. Structures located in all “A Zones” may be floodproofed in lieu of being elevated if done in accordance with the following:
1. A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall consider flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the Floodplain Administrator as set forth in Sec. 2.2.6 Floodplain Administrator.
2. Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
1. Designs for complying with this requirement must meet the follow minimum criteria:
2. Provide a minimum of two (2) openings, located in a minimum of two (2) exterior walls, having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding;
3. The bottom of all openings shall be no higher than one (1) foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and
4. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
5. Openings are to be not less than three (3) inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
6. Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and
7. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
8. The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.
9. Where elevation requirements exceed six (6) feet above the highest adjacent grade, a copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structure’s originally approved design, shall be presented as a condition of issuance of the final Certificate of Occupancy.
Structures Constructed on Fill. A residential or nonresidential structure 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 (1) foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method.
2. The fill should extend at least 10 feet beyond the foundation of the structure 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 a 3:1 ratio.
4. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
5. The top of the lowest floor, including basements, shall be at or above the FPG.
Standards for Manufactured Homes and Recreational Vehicles: Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one (1) of the following requirements:
1. 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. This requirement applies to all manufactured homes to be placed on a site:
  1. Outside a manufactured home park or subdivision;
  2. In a new manufactured home park or subdivision;
  3. In an expansion to an existing manufactured home park or subdivision; or
  4. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.
2. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations 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. 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.
3. Manufactured homes with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Sec. 9.1.5.B.4. Elevated Structures.
4. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
5. Recreational vehicles placed on a site shall either:
  1. Be on site for less than 180 days; and
  2. Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is 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” as stated earlier in Sec. 9.1.5.B.6. Standards for Manufactured Homes and Recreational Vehicles.

Critical Facility.

Standards for Identified Floodways.

If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana DNR and apply for a Permit for Construction in a Floodway. Under the provisions of IC 14-28-1 a Permit for Construction in a Floodway from the Indiana DNR 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 structure. However, it does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. The provisions of IC 14-28-1-26 allows construction of non-substantial additions/improvements to residences in a non-boundary river floodway without obtaining a Permit for Construction in a Floodway from the Indiana DNR. Please note that if fill is needed to elevate an addition above the existing grade, prior approval for the fill is required from the Indiana DNR.
The Floodplain Administrator shall take no action until a Permit for Construction in a Floodway (when applicable) has been issued by the Indiana DNR granting approval for construction in the floodway. Once a Permit for Construction in a Floodway has been issued by the Indiana DNR, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction have been met. The Floodplain Development Permit cannot be less restrictive than the Permit for Construction in a Floodway issued by the Indiana DNR. However, the City’s more restrictive regulations (if any) shall take precedence.
No development shall be allowed which, acting alone or in combination with existing or future development, will increase the regulatory flood more than fourteen-hundredths (0.14) of one (1) foot; and
For all projects involving channel modifications or fill (including levees) the City shall submit the data and request that the FEMA revise the regulatory flood data

Standards for Identified Fringe

Standards for SFHAs Without Established Base Flood Elevation and/or Floodways/Fringes

Drainage area upstream of the site is greater than one (1) 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 (1) square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana DNR for review and comment.
2. The Floodplain Administrator shall take no action until either a Permit for Construction in a Floodway or a floodplain analysis/regulatory assessment citing the one percent annual chance flood elevation and the recommended Flood Protection Grade has been received from the Indiana DNR.
3. Once the Floodplain Administrator has received the Permit for Construction in a Floodway or floodplain analysis/regulatory assessment from the Indiana DNR 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 DNR and the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction have been met.
Drainage area upstream of the site is less than one (1) 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 (1) square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, fringe and one percent annual chance flood elevation for the site.
2. Upon review, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Sec. 9.1.5. Provisions for Flood Hazard Reduction have been met.
The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the regulatory flood more than fourteen-hundredths (0.14) of one (1) foot and shall not increase flood damages or potential flood damages.

Effective on: 7/20/2018