New Whiteland City Zoning Code
FLOOD HAZARD
DISTRICT FH
§ 156.475 PURPOSE.
Flood hazard zoning has been created to protect the public health and to reduce the financial burdens which may be imposed on the community, its governmental units and its citizens as a result of improper use of lands which are subject to periodic flooding. Construction or development of the flood hazard areas of the town could result in the potential loss of life and property, create health and safety hazards and lead to extraordinary public expenditures for flood protection and relief. Since development of these areas is not essential to the orderly growth of the community these lands are to be reserved for suitable open space uses that do not require structures or fill.
(2004 Code, § 10-100)
§ 156.476 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
DEVELOPMENT. Any human-made change to improved or unimproved real estate including, but not limited to, buildings, and other structures, mining, dredging, filling, grading, paving, excavation or drilling operation.
FLOODPLAIN. Any floodplain, floodway or floodway fringe district or combination thereof as illustrated on the Flood Boundary and Floodway Map, as prepared by the Federal Insurance Administration.
NATURAL RESOURCES. The state’s Natural Resources Commission.
REGULATORY FLOOD. The flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the state’s Natural Resources Commission. This FLOOD is equivalent to a flood having the probability of occurrence of 1% in any given year.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, mobile homes and other similar items.
(2004 Code, § 10-200)
§ 156.477 BASIS FOR ESTABLISHING FLOOD HAZARD DISTRICTS.
(A) The Flood Hazard Districts (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the Town of New Whiteland, dated February 16, 1982, with the accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps”, along with any subsequent revisions to the text or maps are hereby adopted by reference and declared to be a part of this chapter.
(B) The Flood Insurance Study is on file in the office of the Recording Secretary of the Plan Commission.
(2004 Code, § 10-300)
§ 156.478 DESIGNATION; DUTIES OF PLAN COMMISSION.
The Plan Commission or its designated representative for the town is appointed to review all development and subdivision proposals within the Flood Hazard Districts to ensure compliance.
(2004 Code, § 10-400)
§ 156.479 USES IN FLOOD HAZARD DISTRICT.
(A) All buildings, structures, construction grading and deposits that are essential to the operation of public works such as bridges, water and sewer facilities, utility sub-stations, power and telephone line supports, transmission towers and other service structures.
(B) Non-damageable or low damage potential uses, such as agriculture, parking lots, park and recreation areas, signs and similar uses.
(C) All buildings and structures permitted in the Flood Hazard District shall be subject to the regulations of said district; and, provided that:
(1) The ground upon which such building or structure is to be located and an area 20 feet beyond the limits of such building or structure shall, prior to or at the time of construction, be raised to an elevation of not less than one foot above the designated flood elevation and the first floor elevation shall be not less than three feet above the designated flood elevation;
(2) Buildings for uses other than residential, where permitted in a Flood Hazard Zone, may be constructed without reference to division (C)(1) above; provided, they are flood proof to prevent damage and if the plans for such buildings have been approved by Natural Resources;
(3) All development applications located in the Flood Hazard District will require the review and approval by Natural Resources prior to the issuance of an improvement location permit. The Plan Commission or its designated representative shall forward all applications along with plans and specifications to Natural Resources for review and comment; and
(4) All improvement location permits shall be issued upon the condition that no occupancy permit will be issued and no occupancy will be permitted until the applicant furnishes a certification from a registered professional engineer or land surveyor stating that the elevation of the structure and the site meet the requirements of this chapter, or certification of plan approval from Natural Resources as provided in divisions (C)(2) and (C)(3) above.
(2004 Code, § 10-500)
§ 156.480 NON-CONFORMING USES.
Any building, structure or use of land in the Flood Hazard District which is not in conformance with this chapter constitutes a non-conforming use. All applications to repair, extend or enlarge a non-conforming use shall be forwarded to Natural Resources for review and comment. All terms and conditions imposed by Natural Resources shall be incorporated into the issuance of any improvement location permit.
(2004 Code, § 10-600)
§ 156.481 DETERMINATION OF FLOOD ELEVATION.
The official flood elevation shall be that maximum elevation recommended by Natural Resources, concurrent with the date of interpretation and shall, therefore, be variable in accordance with the flood control measures as are being constructed from time to time to reduce the flood threat in the future.
(2004 Code, § 10-700)
§ 156.482 VARIANCES.
Applications for variances within a Flood Hazard District shall be forwarded to Natural Resources for review and comment. All terms and conditions imposed by Natural Resources shall be incorporated into the issuance of any improvement location permit.
(2004 Code, § 10-800)
§ 156.483 NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS.
The Plan Commission or its designated representative, during its review of improvement location permits, shall assure that all NFIP regulations pertaining to state and federal permits, subdivision review, mobile home tie down standards, utility construction, record keeping (including lowest floor elevations) and watercourse alteration and maintenance have been met.
(2004 Code, § 10-900)
§ 156.484 DISCLAIMER.
Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the community, Natural Resources or the state for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(2004 Code, § 10-1000)
§ 156.999 PENALTY.
(A) It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any structure or land in violation of any regulation in, or any provisions of, this chapter or any regulation enacted hereunder by the Commission or Board. Unless otherwise specified herein, any person who initiates such construction activities, for which a building permit is required by the relevant provisions of this chapter, prior to obtaining a building permit and all other required permits shall be subject to a fine of $500 and may be required to remove or modify improvements made prior to issuance of all requisite permits that:
(1) Do not conform with all relevant provisions of this chapter; or
(2) Because any such improvements are covered or concealed and not open to inspection, their conformance with all relevant provisions of this chapter cannot be confirmed.
(B) Any person who initiates such construction activities on residential property, other than a developer or contractor, for which a building permit is required by the relevant provisions of this chapter, prior to obtaining a building permit and all other required permits, shall be subject to a fine of $100, rather than the $500 fine referenced above. Any person who otherwise violates this chapter or fails to comply with its other provisions shall be fined not less than $10 and not more than $300. Each day the violation continues shall constitute a separate and distinct violation. The Zoning Administrator and the Plan Commission are each independently authorized to assess fines authorized by this section. Any appeal of a fine assessed by the Zoning Administrator or by the Plan Commission shall be pursued in accordance with § 156.062 of this chapter. Any request for a reduction or waiver of a fine shall be presented in writing to the Plan Commission for consideration.
(C) In addition, a structure erected, raised or converted, or land or premises used, in violation of this chapter, or regulation made under this chapter, is a common nuisance and the owner or possessor of the structure, land or premises is liable for maintaining a common nuisance and subject to the enforcement and penalty provisions of this code of ordinances for common nuisances.
(D) The owner or tenant of any residential lot on which there exists any violation of §§ 156.385 to 156.389 shall be notified of the violation and afforded three days after notice to bring the residential lot into compliance. Failure to bring the residential lot withing three days of notice will be subject the owner or tenant of the residential lot to a fine of $50 per day for each day the violation exists, dating back to the first day of the violation. Any subsequent violation occurring within 60 days after the residential lot is brought into compliance will subject the owner or tenant of the residential lot to a fine of $100 per day for as long as the violation continues from the first day of violation until the property is brought into compliance.
(2004 Code, § 3-500) (Ord. 994, passed 3-3-1999; Ord. 1020, passed 6-20-2000; Ord. 2001, passed 2-15-2005; Ord. 2023, passed 2-21-2006; Ord. 2063, passed 11-20-2007; Ord. 2122, passed 3-2-2010)