HomeMy WebLinkAboutZ-592-14 Adding Chapter 10, Article 5 Establishing a Flood Hazard Area SPONSORS: Councilor: Rider
ORDINANCE Z-592-14
AN ORDINANCE OF THE CITY OF CARMEL,INDIANA
PROPOSING TO REPEAL CHAPTER 10,ARTICLE 1,CHAPTER 22 OF THE CARMEL
CITY CODE AND ADDING CARMEL CITY CODE CHAPTER 10,ARTICLE 5,
ESTABLISHING A FLOOD HAZARD AREAS ORDINANCE
WHEREAS, the City of Carmel, Indiana(the "City"), pursuant to the exercise of extraterritorial
jurisdiction under I.C. 36-7-4-205 by the Carmel Clay Plan Commission (the "Plan Commission") and
Ordinance No. Z-453-04 § c,has zoning jurisdiction throughout the incorporated area of the City and the
unincorporated area of Clay Township, Hamilton County, Indiana(the"Township"); and
WHEREAS, the Common Council of the City of Carmel, Indiana ("Council") previously
enacted an Ordinance, codified as Chapter 22 of the Cannel Zoning Ordinance ("Floodplain
Ordinance") and adopted by reference in Chapter 10, Article 1 of the Cannel City Code ("Code"),
pertaining to Flood Hazard Districts("Flood Hazard Districts"); and
WHEREAS,the City is a participant in the National Flood Insurance Program("NFIP"); and
WHEREAS, the Federal Emergency Management Agency ("FEMA") has prepared revised
Flood Rate Maps (the "Maps")to be adopted by November 19, 2014; and
WHEREAS, certain text amendments (the "Amendments") to the Floodplain Ordinance have
been required by FEMA and the Indiana Department of Natural Resources ("DNR"); and
WHEREAS, to properly effectuate the Amendments to the Floodplain Ordinance,3 FEMA and
DNR created a Model Floodplain Ordinance ("Model Ordinance") which must be adopted by the City in
order to remain active in the NFIP; and
WHEREAS, the Plan Commission has reviewed the Model Ordinance and has forwarded it to
the Council with a Favorable Recommendation; and
WHEREAS, the Council, in the best interest of the citizens of Cannel and Clay Township, now
desires and proposes to repeal the Floodplain Ordinance and adopt the Model Ordinance, hereby adding
Cannel City Code Chapter 10,Article 5, establishing a Flood Hazard Areas Ordinance.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The following Ordinance should be and the same is hereby adopted by the City of
Cannel and shall be codified as set forth hereinbelow:
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
Chapter 1. Statutory Authorization, Findings of Fact, Purpose, and Objectives.
A. Statutory Authorization.
The Indiana Legislature has in IC 36-7-4 granted the power to local government units to control land use
within their zoning jurisdictions.
B. Findings of Fact.
(1) The flood hazard areas of the City of Cannel zoning jurisdiction 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, inadequately
flood-proofed, or otherwise unprotected from flood damages.
C. Statement of Purpose.
It is the purpose of this Ordinance 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 which 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
which are involved in the accommodation of flood waters.
(4) Control filling, grading, dredging, and other development which 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.
(6) Make federally subsidized flood insurance available for structures and their contents in the City's
zoning jurisdiction by fulfilling the requirements of the National Flood Insurance Program.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
D. Objectives.
The objectives of this ordinance are:
(1) To protect human life and health.
(2) To minimize expenditure of public money for costly flood control projects.
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public.
(4) To minimize prolonged business interruptions.
(5) To 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) To 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.
Chapter 2. Definitions.
Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to
give them the meaning they have in common usage and to give this Ordinance its most reasonable
application. However, the following definitions only apply to this Article of the Zoning and City Code.
Words not defined herein but defined in the Cannel City Zoning Ordinance shall be interpreted in
accordance with the Chapter 10, Article 1, Chapter 3.
A zone means portions of the SFHA in which the principal source of flooding is runoff from rainfall,
snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are
usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones Al-
A30,Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM. The definitions are presented below:
Zone A: Areas subject to inundation by the one-percent annual chance flood event. Because
detailed hydraulic analyses have not been performed, no base flood elevation or depths are
shown.
Zone AE and Al-A30: Areas subject to inundation by the one-percent annual chance flood event
determined by detailed methods. Base flood elevations are shown within these zones. (Zone AE
is on new and revised maps in place of Zones Al-A30.)
Zone AO: Areas subject to inundation by one-percent annual chance shallow flooding (usually
sheet flow on sloping terrain) where average depths are between one and three feet. Average
flood depths derived from detailed hydraulic analyses are shown within this zone.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
Zone AH: Areas subject to inundation by one-percent annual chance shallow flooding (usually
areas of ponding) where average depths are between one and three feet. Average flood depths
derived from detailed hydraulic analyses are shown within this zone.
Zone AR: Areas that result from the decertification of a previously accredited flood protection
system that is determined to be in the process of being restored to provide base flood protection.
Zone A99: Areas subject to inundation by the one-percent annual chance flood event, but which
will ultimately be protected upon completion of an under-construction Federal flood protection
system. These are areas of special flood hazard where enough progress has been made on the
construction of a protection system, such as dikes, dams, and levees, to consider it complete for
insurance rating purposes. Zone A99 may only be used when the flood protection system has
reached specified statutory progress toward completion. No base flood elevations or depths are
shown.
Accessory structure (appurtenant structure)means a structure with a floor area one hundred and twenty
(120) square feet or less that is located on the same parcel of property as the principal structure and the
use of which is incidental to the use of the principal structure. Accessory structures should constitute a
minimal initial investment, may not be used for human habitation, and be designed to have minimal
flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds,
pole barns, and hay sheds
Addition (to an existing structure) means any walled and roofed expansion to the perimeter of a
structure in which the addition is connected by a common load-bearing wall other than a firewall. Any
walled and roofed addition, which is connected by a firewall or is separated by independent perimeter
load-bearing walls, is new construction.
Appeal means a request for a review of the floodplain administrator's interpretation of any provision of
this ordinance.
Area of shallow flooding means a designated AO or AH Zone on the City's Flood Insurance Rate Map
(FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
Base Flood means the flood having a one percent chance of being equaled or exceeded in any given
year.
Base Flood Elevation (BFE)means the elevation of the one-percent annual chance flood.
Basement means that portion of a structure having its floor sub-grade (below ground level)on all sides.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
Community Rating System (CRS) means a program developed by the Federal Insurance
Administration to provide incentives for those communities in the Regular Program that have gone
beyond the minimum floodplain management requirements to develop extra measures to provide
protection from flooding.
Critical facility means a facility for which even a slight chance of flooding might be too great. Critical
facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency
response installations, installations which produce, use or store hazardous materials or hazardous waste.
Development means any man-made change to improved or unimproved real estate including but not
limited to:
(1) construction,reconstruction, or placement of a structure or any addition to a structure;
(2) installing a manufactured home on a site,preparing a site for a manufactured home or installing a
recreational vehicle on a site for more than 180 days;
(3) installing utilities, erection of walls and fences, construction of roads, or similar projects;
(4) construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;
(5) mining, dredging, filling, grading, excavation, or drilling operations;
(6) construction and/or reconstruction of bridges or culverts;
(7) storage of materials; or
(8) any other activity that might change the direction, height, or velocity of flood or surface waters.
"Development" does not include activities such as the maintenance of existing structures and
facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar
agricultural practices that do not involve filling, grading, excavation, or the construction of
permanent structures.
Elevated structure means a non-basement structure built to have the lowest floor elevated above the
ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called
chain walls),pilings, or columns(posts and piers).
Elevation Certificate is a certified statement that verifies a structure's elevation information.
Emergency Program means the first phase under which the City participates in the NFIP. It is intended
to provide a first layer amount of insurance at subsidized rates on all insurable structures in the City
before the effective date of the initial FIRM.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
Existing manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed before the effective date of the City's first
floodplain ordinance.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
FEMA means the Federal Emergency Management Agency.
Flood means a general and temporary condition of partial or complete inundation of normally dry land
areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any
source.
Flood Boundary and Floodway Map (FBFM) means an official map on which the Federal Emergency
Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of
flood hazards and regulatory floodway.
Flood Insurance Rate Map (FIRM)means an official map of the City, on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones applicable to the City.
Flood Insurance Study (FIS) is the official hydraulic and hydrologic report provided by FEMA. The
report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface
elevation of the base flood.
Flood Prone Area means any land area acknowledged by the City as being susceptible to inundation by
water from any source. (See"Flood")
Flood Protection Grade (FPG) is the elevation of the regulatory flood plus two feet at any given
location in the SFHA. (see"Freeboard")
Floodplain means the channel proper and the areas adjoining any wetland, lake, or watercourse which
have been or hereafter may be covered by the regulatory flood. The floodplain includes both the
floodway and the fringe districts.
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where possible, natural resources in
the floodplain, including but not limited to emergency preparedness plans, flood control works,
floodplain management regulations, and open space plans.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
Floodplain management regulations means this ordinance and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances, and other applications of
police power which control development in flood-prone areas. This term describes federal, state, or
local regulations in any combination thereof, which provide standards for preventing and reducing flood
loss and damage. Floodplain management regulations are also referred to as floodplain regulations,
floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements.
Floodproofing (dry floodproofmg) is a method of protecting a structure that ensures that the structure,
together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation
with walls that are substantially impermeable to the passage of water. All structural components of
these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of
buoyancy, and anticipated debris impact forces.
Floodproofing certificate is a form used to certify compliance for non-residential structures as an
alternative to elevating structures to or above the FPG. This certification must be by a Registered
Professional Engineer or Architect.
Floodway is the channel of a river or stream and those portions of the floodplains adjoining the channel
which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory
flood of any river or stream.
Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the
purposes of floodplain management. It is used to compensate for the many unknown factors that could
contribute to flood heights greater than those calculated for the base flood.
Fringe is those portions of the floodplain lying outside the floodway.
Hardship (as related to variances of this ordinance) means the exceptional hardship that would result
from a failure to grant the requested variance. The City of Cannel Board of Zoning Appeals requires
that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or
financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical
handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify
as an exceptional hardship. All of these problems can be resolved through other means without granting
a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere
or put the parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of
construction, next to the proposed walls of a structure.
Historic structures means any structures individually listed on the National Register of Historic Places
or the Indiana State Register of Historic Sites and Structures.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
Increased Cost of Compliance (ICC) means the cost to repair a substantially damaged structure that
exceeds the minimal repair cost and that is required to bring a substantially damaged structure into
compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are
elevation, relocation, demolition, or any combination thereof. All renewal and new business flood
insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.
Letter of Final Determination (LFD) means a letter issued by FEMA during the mapping update
process which establishes final elevations and provides the new flood map and flood study to the City.
The LFD initiates the six-month adoption period. The City must adopt or amend its floodplain
management regulations during this six-month period unless the City has previously incorporated an
automatic adoption clause.
Letter of Map Change(LOMC) is a general term used to refer to the several types of revisions and
amendments to FEMA maps that can be accomplished by letter. They include Letter of Map
Amendment(LOMA), Letter of Map Revision(LOMR), and Letter of Map Revision based on Fill
(LOMR-F). The definitions are presented below:
Letter of Map Amendment (LOMA) means an amendment by letter to the currently effective
FEMA map that establishes that a property is not located in a SFHA through the submittal of
property specific elevation data. A LOMA is only issued by FEMA.
Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA
map. It is issued by FEMA and changes flood zones, delineations, and elevations.
Letter of Map Revision Based on Fill (LOMR-F) means an official revision by letter to an
effective NFIP map. A LOMR-F provides FEMA's determination concerning whether a
structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.
Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground,
sidewalk,patio, deck support, or basement entryway immediately next to the structure.
Lowest floor means the lowest elevation described among the following:
(1) The top of the lowest level of the structure.
(2) The top of the basement floor.
(3) The top of the garage floor, if the garage is the lowest level of the structure.
(4) The top of the first floor of a structure elevated on pilings or pillars.
(5) The top of the floor level of any enclosure, other than a basement, below an elevated structure
where the walls of the enclosure provide any resistance to the flow of flood waters unless:
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
a) the walls are designed to automatically equalize the hydrostatic flood forces on the walls by
allowing for the entry and exit of flood waters by providing a minimum of two openings (in
addition to doorways and windows) in a minimum of two exterior walls; if a structure has
more than one enclosed area, each shall have openings on exterior walls;
b) the total net area of all openings shall be at least one(1) square inch for every one square foot
of enclosed area; the bottom of all such 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,
c) such enclosed space shall be usable solely for the parking of vehicles and building access.
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value means the building value, excluding the land (as agreed to between a willing buyer and
seller), as established by what the local real estate market will bear. Market value can be established by
independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or
adjusted assessed values.
Mitigation means sustained actions taken to reduce or eliminate long-term risk to people and property
from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures,
and to minimize the cost of disaster response and recovery.
National Flood Insurance Program (NFIP) is the federal program that makes flood insurance
available to owners of property in participating communities nationwide through the cooperative efforts
of the Federal Government and the private insurance industry.
National Geodetic Vertical Datum (NGVD) of 1929 as corrected in 1929 is a vertical control used as a
reference for establishing varying elevations within the floodplain.
New construction means any structure for which the "start of construction" commenced after the
effective date of the City's first floodplain ordinance.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed on or after the effective date of the City's first
floodplain ordinance.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
Non-boundary river floodway means the floodway of any river or stream other than a boundary river.
North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum
used as a reference for establishing varying elevations within the floodplain.
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile,
abutment,protection, excavation, canalization,bridge, conduit, culvert, building,wire, fence, rock, gravel,
refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse
which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its
location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being
carried downstream.
One-percent annual chance flood is the flood that has a one percent (1%) chance of being equaled or
exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent
annual chance flood. See"Regulatory Flood".
Physical Map Revision (PMR) is an official republication of a City's zoning jurisdiction FEMA map to
effect changes to base (1-percent annual chance) flood elevations, floodplain boundary delineations,
regulatory floodways, and planimetric features. These changes typically occur as a result of structural
works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood
elevations or SFHAs.
Public safety and nuisance means anything which is injurious to the safety or health of the City's
zoning jurisdiction, neighborhood or any considerable number of persons, or unlawfully obstructs the
free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
Recreational vehicle means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less
when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently
towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as
quarters for recreational camping, travel, or seasonal use.
Regular program means the phase of the City's participation in the NFIP where more comprehensive
floodplain management requirements are imposed and higher amounts of insurance are available based
upon risk zones and elevations determined in a FIS.
Regulatory flood means the flood having a one percent (1%) chance of being equaled or exceeded in
any given year, as calculated by a method and procedure that is acceptable to and approved by the
Indiana Department of Natural Resources and the Federal Emergency Management Agency. The
regulatory flood elevation at any location is as defined in Chapter 3 (B) of this ordinance. The
"Regulatory Flood" is also known by the term "Base Flood", "One-Percent Annual Chance Flood", and
"100-Year Flood".
Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a
10-year period for which the cost of repairs at the time of each such flood event, on the average, equaled
or exceeds 25%of the market value of the structure before the damage occurred.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
Section 1316 is that section of the National Flood Insurance Act of 1968, as amended, which states that
no new flood insurance coverage shall be provided for any property that the Administrator finds has
been declared by a duly constituted state or local zoning authority or other authorized public body to be
in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise
restrict land development or occupancy in flood-prone areas.
Special Flood Hazard Area (SFHA) means those lands within the jurisdiction of the City subject to
inundation by the regulatory flood. The SFHAs of the City of Cannel are generally identified as such on
the Hamilton County, Indiana and Incorporated Areas Flood Insurance Rate Map dated November 19,
2014 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency
Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, Al-
A30, AH,AR, A99, or AO).
Start of construction includes substantial improvement, and means the date the building permit was
issued,provided the actual start of construction, repair,reconstruction, or improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction of
a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on
a foundation. Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or
not that alteration affects the external dimensions of the building.
Structure means a structure that is principally above ground and is enclosed by walls and a roof. The
term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term
also includes recreational vehicles to be installed on a site for more than one hundred and eighty (180)
days.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed fifty (50%) percent of
the market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds fifty (50%)percent of the market value of the structure
before the "start of construction" of the improvement. This term includes structures that have incurred
"repetitive loss" or"substantial damage" regardless of the actual repair work performed. The term does
not include improvements of structures to correct existing violations of state or local health, sanitary,
or safety code requirements or any alteration of a "historic structure", provided that the alteration will
not preclude the structures continued designation as a "historic structure".
Suspension means the removal of the City from the NFIP because the City has not enacted and/or
enforced the proper floodplain management regulations required for participation in the NFIP.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
Variance is a grant of relief from the requirements of this ordinance, which permits construction in a
manner otherwise prohibited by this ordinance where specific enforcement would result in practical
difficulty.
Violation means the failure of a structure or other development to be fully compliant with this
ordinance. A structure or other development without the elevation, other certification, or other
evidence of compliance required in this ordinance is presumed to be in violation until such time as that
documentation is provided.
Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over
which waters flow at least periodically. Watercourse includes specifically designated areas in which
substantial flood damage may occur.
X zone means the area where the flood hazard is less than that in the SFHA. Shaded X zones shown
on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a
0.2 percent chance of being equaled or exceeded (the 500-year flood). Unshaded X zones (C zones on
older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2
percent.
Zone means a geographical area shown on a FIRM that reflects the severity or type of flooding in the
area.
Zone A(see definition for A zone)
Zone B, C, and X means areas identified as areas of moderate or minimal hazard from the principal
source of flood in the area. However, buildings in these zones could be flooded by severe,
concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in
participating communities but is not required by regulation in these zones. (Zone X is used on new
and revised maps in place of Zones B and C.)
Chapter 3. General Provisions.
A. Lands to Which This Ordinance Applies.
This ordinance shall apply to all SFHAs and known flood prone areas within the jurisdiction of the
City of Carmel,pursuant to the provisions listed in Ordinance No. Z-453-04 § 6.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
B. Basis for Establishing Regulatory Flood Data.
This Ordinance's protection standard is the regulatory flood. The best available regulatory flood data is
listed below.
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the
jurisdiction of the City of Carmel shall be as delineated on the one-percent annual chance flood
profiles in the Flood Insurance Study of Hamilton County, Indiana and Incorporated Areas dated
November 19, 2014 and the corresponding Flood Insurance Rate Map dated November 19, 2014
as well as any future updates, amendments, or revisions, prepared by the Federal Emergency
Management Agency with the most recent date.
(2) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the
jurisdiction of the City of Cannel, delineated as an "A Zone" on the Hamilton County, Indiana
and Incorporated Areas Flood Insurance Rate Map dated November 19, 2014 as well as any
future updates, amendments, or revisions, prepared by the Federal Emergency Management
Agency with the most recent date, shall be according to the best data available as provided by the
Indiana Department of Natural Resources; provided the upstream drainage area from the subject
site is greater than one square mile. Whenever a party disagrees with the best available data,the
party must replace existing data with better data that meets current engineering standards. To be
considered, this data must be submitted to the Indiana Department of Natural Resources for
review subsequently approved.
(3) 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 within the City's
zoning jurisdiction's known flood prone areas shall be according to the best data available as
provided by the Indiana Department of Natural Resources; provided the upstream drainage area
from the subject site is greater than one square mile.
(4) Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new
(not yet effective) mapping/study shall be utilized for permitting and construction (development)
purposes,replacing all previously effective less restrictive flood hazard data provided by FEMA.
C. Establishment of Floodplain Development Permit.
A Floodplain Development Permit shall be required in conformance with the provisions of this
Ordinance prior to the commencement of any development activities in areas of special flood hazard.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
13
SPONSORS: Councilor: Rider
D. Compliance.
No structure shall hereafter be located, extended, converted or structurally altered within the SFHA
without full compliance with the terms of this Ordinance and other applicable regulations. No land or
stream within the SFHA shall hereafter be altered without full compliance with the terms of this
Ordinance and other applicable regulations.
E. Abrogation and Greater Restrictions.
This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
F. Discrepancy between Mapped Floodplain and Actual Ground Elevations.
(1) 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.
(2) 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.
(3) If the elevation(natural grade)of the site in question is above the base flood elevation and not
located within the floodway,that site shall be considered outside the SFHA and the floodplain
regulations will not be applied. The property owner shall be advised to apply for a LOMA.
G. Interpretation.
In the interpretation and application of this Ordinance all provisions shall be:
(1) Considered as minimum requirements.
(2) Liberal construction is required in order to effectuate the purposes of this ordinance.
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
H. Warning and Disclaimer of Liability.
The degree of flood protection required by this Ordinance is considered reasonable for regulatory
purposes and is based on available information derived from engineering and scientific methods of
study. Larger floods can and will occur on rare occasions. Therefore, this Ordinance does not create
any liability on the part of the City of Carmel,the Indiana Department of Natural Resources, or the State
of Indiana, for any flood damage that results from reliance on this Ordinance or any administrative
decision made lawfully thereunder.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
14
SPONSORS: Councilor: Rider
I. Penalties for 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 variance shall be deemed to be a
violation of this Ordinance. All violations shall be considered a common nuisance and be treated as
such in accordance with the provisions of Chapter 34 of the Zoning Code for the City of Carmel. All
violations shall be punishable by a fine not exceeding Five Hundred ($500.00) Dollars. A separate
offense shall be deemed to occur for each day the violation continues to exist. 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 or persons responsible.
Chapter 4. Administration.
A. Designation of Administrator.
The Director of the Department of Community Services ("DOCS") shall serve to administer and
implement the provisions of this ordinance and is herein referred to as the Floodplain Administrator.
B. Permit Procedures.
Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on
forms furnished by him or her 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:
(1) Application Stage.
a) A description of the proposed development.
b) Location of the proposed development sufficient to accurately locate property and
structure(s) in relation to existing roads and streams.
c) A legal description of the property site.
d) A site development plan showing existing and proposed development locations and existing
and proposed land grades.
e) Elevation of the top of the planned lowest floor (including basement) of all proposed
buildings. Elevation should be in NAVD 88 or NGVD.
f) Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be
floodproofed.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
15
SPONSORS: Councilor: Rider
g) Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development. A hydrologic and hydraulic engineering study is required and any
watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map
Revision. (See Chapter 4, Section C (6)for additional information.)
(2) Construction Stage.
Upon establishment/placement of the lowest floor, before framing continues, to include any
approved floodproofing, it shall be the duty of the applicant 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 particular 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 floodproofing certification shall be at the applicant's
risk. The Floodplain Administrator shall review the lowest floor and floodproofing elevation
survey data submitted. The applicant shall correct deficiencies detected by such review before
any further work is allowed to 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.
Any work undertaken prior to submission of the elevation certification shall be at the applicant's
risk.
(3) Finished Construction.
Upon completion of construction, a FEMA elevation certificate, Form 81-31, which depicts all
finished construction, is required to be submitted to the Floodplain Administrator. If the project
includes a floodproofing measure, a FEMA floodproofing certificate, Form 81-65, is required to
be submitted by the applicant to the Floodplain Administrator.
C. Duties and Responsibilities of the Floodplain Administrator.
The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the
provisions of this Ordinance. The administrator is further authorized to render interpretations of this
ordinance, which are consistent with its spirit and purpose.
Duties and Responsibilities of the Floodplain Administrator shall include, but are not limited to:
(1) Review all floodplain development permits to assure that the permit requirements of this
ordinance have been satisfied.
(2) Inspect and inventory damaged structures in the SFHA and complete substantial damage
determinations.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
16
SPONSORS: Councilor: Rider
(3) Ensure that construction authorization has been granted by the Indiana Department of Natural
Resources for all development projects subject to Chapter 5, Sections E and G (1) of this
Ordinance, and maintain a record of such authorization (either copy of actual
permit/authorization or floodplain analysis/regulatory assessment).
(4) Ensure that all necessary federal or state permits have been received prior to issuance of the local
floodplain development permit. Copies of such permits/authorizations are to be maintained on
file with the floodplain development permit.
(5) Maintain and track permit records involving additions and improvements to residences located in
the floodway.
(6) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or
relocation of a watercourse, and submit copies of such notifications to FEMA.
(7) Maintain for public inspection and furnish upon request local permit documents, damaged
structure inventories, substantial damage determinations, regulatory flood data, SFHA maps,
Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain
analysis and regulatory assessments (letters of recommendation), federal permit documents, and
"as-built"elevation and floodproofing data for all buildings constructed subject to this ordinance.
(8) Utilize and enforce all Letters of Map Change (LOMC)or Physical Map Revisions (PMR) issued
by FEMA for the currently effective SFHA maps of the City's zoning jurisdiction.
(9) Assure that maintenance is provided within the altered or relocated portion of said watercourse
so that the flood-carrying capacity is not diminished.
(10)Review certified plans and specifications for compliance.
(11)Verify and record the actual elevation of the lowest floor (including basement) of all new or
substantially improved structures, in accordance with Chapter 4 Subsection B.
(12)Verify and record the actual elevation to which any new or substantially improved structures
have been floodproofed in accordance with Chapter 4, Section B.
(13) Perform a minimum of three inspections to ensure that all applicable ordinance and floodplain
development requirements have been satisfied. The first upon the establishment of the Flood
Protection Grade reference mark at the development site; the second upon the establishment of
the structure's footprint/establishment of the lowest floor; and the final inspection upon
completion and submission of the required finished construction elevation certificate. The City
shall have the right to enter and inspect properties located in the SFHA.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
17
SPONSORS: Councilor: Rider
(14) Stop Work Orders
a) Upon notice from the floodplain administrator, work on any building, structure or premises
that is being done contrary to the provisions of this ordinance shall immediately cease.
b) Such notice shall be in writing and shall be given to the owner of the property, or to his
agent, or to the person doing the work, and shall state the conditions under which work may
be resumed.
(15) Revocation of Permits
a) The floodplain administrator may revoke a permit or approval, issued under the provisions of
the ordinance, in cases where there has been any false statement or misrepresentation as to
the material fact in the application or plans on which the permit or approval was based.
b) The floodplain administrator may revoke a permit upon determination by the floodplain
administrator that the construction, erection, alteration, repair, moving, demolition,
installation, or replacement of the structure for which the permit was issued is in violation of,
or not in conformity with,the provisions of this ordinance.
Chapter 5. Provisions for Flood Hazard Reduction.
A. General Standards.
In all SFHAs and known flood prone areas the following provisions are required:
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
(2) 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.
(3) New construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage below the FPG.
(4) New construction and substantial improvements shall be constructed by methods and practices
that minimize flood damage.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
18
SPONSORS: Councilor: Rider
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other
service facilities shall be located at/above the FPG or designed so as to prevent water from
entering or accumulating within the components below the FPG. Water and sewer pipes,
electrical and telephone lines, submersible pumps, and other waterproofed service facilities may
be located below the FPG.
(6) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
(8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
(9) Any alteration, repair, reconstruction or improvements to a structure that is in compliance with
the provisions of this ordinance shall meet the requirements of"new construction" as contained
in this ordinance.
(10)Parking lots, driveways, and sidewalks within the SFHA shall be constructed with permeable
materials.
(11)Whenever any portion of the SFHA is authorized for use, the volume of space which will be
occupied by the authorized fill or structure below the 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 one (1) to one (1)) due
to the fill or structure.
a) The excavation shall take place in the floodplain and in the same property in which the
authorized fill or structure is located.
b) Under certain circumstances, the excavation may be allowed to take place outside of but
adjacent to the floodplain provided that the excavated volume will be below the regulatory
flood elevation, will be in the same property in which the authorized fill or structure is
located, will be accessible to the regulatory flood water, will not be subject to ponding when
not inundated by flood water, and that it shall not be refilled.
c) The excavation shall provide for true storage of floodwater but shall not be subject to
ponding when not inundated by flood water.
d) The fill or structure shall not obstruct a drainage way leading to the floodplain.
e) The grading around the excavation shall be such that the excavated area is accessible to the
regulatory flood water.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
19
SPONSORS: Councilor: Rider
f) 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.
g) 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 article.
B. Specific Standards.
In all SFHAs,the following provisions are required:
(1) In addition to the requirements of Chapter 5, Section A, all structures to be located in the SFHA
shall be protected from flood damage below the FPG. This building protection requirement
applies to the following situations:
a) Construction or placement of any structure having a floor area greater than four hundred
(400) square feet.
b) Addition or improvement made to any existing structure where the cost of the addition or
improvement equals or exceeds fifty (50%) percent of the value of the existing structure
(excluding the value of the land).
c) Reconstruction or repairs made to a damaged structure where the costs of restoring the
structure to it's before damaged condition equals or exceeds fifty (50%) percent of the
market value of the structure (excluding the value of the land)before damage occurred.
d) Installing a travel trailer or recreational vehicle on a site for more than one hundred and
eighty(180) days.
e) Installing a manufactured home on a new site or a new manufactured home on an existing
site. This ordinance does not apply to returning the existing manufactured home to the same
site it lawfully occupied before it was removed to avoid flood damage.
f) Reconstruction or repairs made to a repetitive loss structure.
g) Addition or improvement made to any existing structure with a previous addition or
improvement constructed since the City's first floodplain ordinance.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
20
SPONSORS: Councilor: Rider
(2) Residential Structures. 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 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 Chapter 5, Section B (4).
(3) Non-Residential Structures. New construction or substantial improvement of any commercial,
industrial, or non-residential structure (or manufactured home) shall either 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 Chapter 5, Section B (4). Structures
located in all "A Zones" may be floodproofed in lieu of being elevated if done in accordance
with the following:
a) 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 take
into account flood velocities, duration,rate of rise, hydrostatic pressures, and impacts from
debris or ice. Such certification shall be provided to the official as set forth in Chapter 4,
Section C (12).
b) Floodproofing measures shall be operable without human intervention and without an outside
source of electricity.
(4) 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. Designs must meet the following minimum criteria:
a) Provide a minimum of two openings located in a minimum of two (2) exterior walls (having
a total net area of not less than one square inch for every one square foot of enclosed area).
b) The bottom of all openings shall be no more than one foot above the exterior grade or the
interior grade immediately beneath each opening, whichever is higher.
c) Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwaters in both directions.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
21
SPONSORS: Councilor: Rider
d) 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).
e) The interior portion of such enclosed area shall not be partitioned or finished into separate
rooms.
f) The interior grade of such enclosed area shall be at an elevation at or higher than the exterior
grade.
g) 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.
h) Property owners shall be required to execute a flood openings/venting affidavit
acknowledging that all openings will be maintained as flood vents, and that the elimination
or alteration of the openings in any way will violate the requirements of Chapter 5, Section B
(4). Periodic inspections will be conducted by the Floodplain Administrator to ensure
compliance. The affidavit shall be recorded in the office of the Hamilton County Recorder.
i) Property owners shall be required to execute and record with the structure's deed a non-
conversion agreement declaring that the area below the lowest floor (where the interior
height of the enclosure exceeds six (6) feet) or the detached accessory building shall not be
improved, finished or otherwise converted; the City will have the right to inspect the
enclosed area. The non-conversion agreement shall be recorded in the office of the Hamilton
County Recorder.
(5) Structures Constructed on Fill. A residential or nonresidential structure may be constructed on
a permanent land fill in accordance with the following:
a) The fill shall be placed in layers no greater than 1 foot deep before compacting to ninety five
(95%) percent of the maximum density obtainable with either the Standard or Modified
Proctor Test method,which shall be retained in permit file.
b) The fill shall extend five (5) feet beyond the foundation of the structure before sloping below
the BFE.
c) The fill shall be protected against erosion and scour during flooding by vegetative cover,
riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three
(3)feet horizontal to one(1) foot vertical.
d) The fill shall not adversely affect the flow of surface drainage from or onto neighboring
properties.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
22
SPONSORS: Councilor: Rider
e) The top of the lowest floor including basements shall be at or above the FPG.
f) Fill shall be composed of clean granular or earthen material.
(6) Standards for Manufactured Homes and Recreational Vehicles. Manufactured homes and
recreational vehicles to be installed or substantially improved on a site for more than one
hundred and eighty(180) days must meet one of the following requirements:
a) These requirements apply to all manufactured homes to be placed on a site outside a
manufactured home park or subdivision; in a new manufactured home park or subdivision; in
an expansion to an existing manufactured home park or subdivision; or in an existing
manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage" as a result of a flood:
(i) 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.
(ii) Fully enclosed areas formed by foundation and other exterior walls below the FPG 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 Chapter 5, Section B (4).
b) These requirements apply 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:
(i) 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 thirty six (36) inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
(ii) Fully enclosed areas formed by foundation and other exterior walls below the FPG 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 Chapter 5, Section B (4).
c) Recreational vehicles placed on a site shall either:
(i) be on site for less than one hundred and eighty (180)days; or,
(ii) 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
(iii)meet the requirements for"manufactured homes" as stated earlier in this section.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
23
SPONSORS: Councilor: Rider
(7) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for
accessory structures. Such structures must meet the following standards:
a) Shall not be used for human habitation.
b) Shall be constructed of flood resistant materials.
c) Shall be constructed and placed on the lot to offer the minimum resistance to the flow of
floodwaters.
d) Shall be firmly anchored to prevent flotation.
e) Service facilities such as electrical and heating equipment shall be elevated or floodproofed
to or above the FPG.
f) Shall be 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 Chapter 5,
Section B (4).
(8) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks
shall be anchored to prevent flotation or lateral movement.
C. Standards for Subdivision Proposals.
(1) Subdivision proposals shall be consistent with the need to minimize flood damage.
(2) Subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood damage.
(3) Subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed
development (including manufactured home parks and subdivisions), which is greater than the
lesser of fifty(50)lots or five (5) acres.
(5) All subdivision proposals shall minimize development in the SFHA and/or limit density of
development permitted in the SFHA.
(6) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles
(especially emergency responders).
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
24
SPONSORS: Councilor: Rider
D. 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 will 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.
E. Standards for Identified Floodways.
Located within SFHAs, established in Chapter 3, Section B, 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 Department of Natural Resources 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
Department of Natural Resources 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. (IC 14-28-lallows construction of a non-
substantial addition/ improvement to a residence in a non-boundary river floodway without obtaining a
permit for construction in the floodway from the Indiana Department of Natural Resources. 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 Department of Natural Resources.)
No action shall be taken by the Floodplain Administrator until a permit or letter of authorization (when
applicable) has been issued by the Indiana Department of Natural Resources granting approval for
construction in the floodway. Once a permit for construction in a floodway or letter of authorization has
been issued by the Indiana Department of Natural Resources, the Floodplain Administrator may issue
the local Floodplain Development Permit, provided the provisions contained in Chapter 5 of this
ordinance have been met. The Floodplain Development Permit cannot be less restrictive than the permit
for construction in a floodway issued by the Indiana Department of Natural Resources. 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, that will adversely affect the efficiency of, or unduly restrict the capacity of the floodway.
This adverse effect is defined as an increase in the elevation of the regulatory flood of at least fifteen-
hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project
condition to that under the natural or pre-floodway condition as proven with hydraulic analyses.
For all projects involving channel modifications or fill (including levees) the City shall submit the data
and request that the Federal Emergency Management Agency revise the regulatory flood data per
mapping standard regulations found at 44 CFR § 65.12.
This Ordinance was originally prepared by Douglas C. Haney, Carmel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
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SPONSORS: Councilor: Rider
F. Standards for Identified Fringe.
If the site is located in an identified fringe, then the Floodplain Administrator may issue the local
Floodplain Development Permit provided the provisions contained in Chapter 5 of this Ordinance 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.
G. Standards for SFHAs without Established Base Flood Elevation and/or Floodways/Fringes.
(1) Drainage area upstream of the site is greater than one square mile:
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 square mile, the
Floodplain Administrator shall require the applicant to forward the application, along with all
pertinent plans and specifications, to the Indiana Department of Natural Resources for review
and comment.
No action shall be taken by the Floodplain Administrator until either a permit for construction in
a floodway permit (including letters of authorization) 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 Department of Natural Resources.
Once the Floodplain Administrator has received the proper permit for construction in a floodway
permit(including letters of authorization) or floodplain analysis/regulatory assessment 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 Department of Natural Resources and the provisions contained in
Chapter 5 of this ordinance have been met.
(2) Drainage area upstream of the site is less than one square mile:
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 square mile, the
Floodplain Administrator shall require the applicant to provide an engineering analysis showing
the limits of the floodplain and one-percent annual chance flood elevation for the site.
Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit,
provided the provisions contained in Chapter 5 of this Ordinance have been met.
(3) 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 0.14 of one foot
and shall not increase flood damages or potential flood damages.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
26
SPONSORS: Councilor: Rider
H. Standards for Flood Prone Areas.
All development in known flood prone areas not identified on FEMA maps, or where no FEMA
published map is available, shall meet applicable standards as required per Chapter 5.
Chapter 6. Variance Procedures.
A. Designation of Variance and Appeals Board.
The City of Cannel Board of Zoning Appeals shall hear and decide appeals and requests for variances
from requirements of this Ordinance.
B. Duties of Variance and Appeals Board.
The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or
determination is made by the Floodplain Administrator in the enforcement or administration of this
ordinance. Any person aggrieved by the decision of the board may appeal such decision per I.C. 36-7-4-
1600 et seq. to the Hamilton County Indiana Superior Courts.
C.Variance Procedures.
In passing upon such applications, the board shall consider all technical evaluations, all relevant factors,
all standards specified in other sections of this ordinance, and;
(1) The danger of life and property due to flooding or erosion damage.
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner.
(3) The importance of the services provided by the proposed facility to the City.
(4) The necessity to the facility of a waterfront location, where applicable.
(5) The availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage.
(6) The compatibility of the proposed use with existing and anticipated development,
(7) The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area.
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(9) The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters
at the site.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
27
SPONSORS: Councilor: Rider
(10)The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
D. Conditions for Variances.
(1) Variances shall only be issued when there is:
a) A showing of good and sufficient cause.
b) A determination that failure to grant the variance would result in exceptional hardship.
c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud or victimization of the public, or conflict with existing laws or ordinances.
(2) No variance for a residential use within a floodway subject to Chapter 5, Sections E or G (1) of
this Ordinance may be granted.
(3) Any variance granted in a floodway subject to Chapter 5, Sections E or G (1) of this Ordinance
will require a permit from the Indiana Department of Natural Resources.
(4) Variances to the Provisions for Flood Hazard Reduction of Chapter 5, Section B, may be granted
only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to
and surrounded by lots with existing structures constructed below the flood protection grade.
(5) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard,to afford relief.
(6) Variances may be granted for the reconstruction or restoration of any structure individually listed
on the National Register of Historic Places or the Indiana State Register of Historic Sites and
Structures.
(7) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Flood Protection Grade and the elevation to which the lowest floor is to
be built and stating that the cost of the flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation(See Chapter 6, Section E).
(8) The Floodplain Administrator shall maintain the records of appeal actions and report any
variances to the Federal Emergency Management Agency or the Indiana Department of Natural
Resources upon request(See Chapter 6, Section E).
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Haney for legal sufficiency or otherwise.
28
SPONSORS: Councilor: Rider
E. Variance Notification.
Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below
the flood protection grade shall be given written notice over the signature of a City official that:
(1) The issuance of a variance to construct a structure below the flood protection grade will result in
increased premium rates for flood insurance up to amounts as high as Twenty Five Dollars
($25.00)for One Hundred Dollars($100.00)of insurance coverage; and;
(2) Such construction below the flood protection grade increases risks to life and property.
The Floodplain Administrator will maintain a record of all variance actions, including justification for
their issuance.
F. Historic Structure.
Variances may be issued for the repair or rehabilitation of"historic structures"upon a determination that
the proposed repair or rehabilitation will not preclude the structure's continued designation as an
"historic structure" and the variance is the minimum to preserve the historic character and design of the
structure.
G. Special Conditions.
Upon the consideration of the factors listed in Chapter 6, and the purposes of this Ordinance, the Board
of Zoning Appeals may attach such conditions per I.C. 36-7-4-1015, to the granting of variances as it
deems necessary to further the purposes of this ordinance.
Section 3. If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the
validity of the remaining portions of this Ordinance.
Section 4. The Floodplain Ordinance codified as Chapter 22 in the Cannel Zoning Ordinance is
hereby REPEALED and DELETED in its entirety.
Section 5. The newly revised 2014 FEMA Maps shall be adopted in their entirety.
Section 6. This Ordinance shall be in full force and effect from and after its passage, execution
by the Mayor, and publication as required by law.
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
29
SPONSORS: Councilor: Rider
PASSED by the Common Council of the City of Carmel, Indiana, this I 1 day of NI'b v e 4 c Y
2014, by a vote of (p ayes and O nays.
COMMON COUNCIL FOR THE CITY OF ARMEL,IND
Presiding 0 cer Kevin D. Rider
PfZESEN ,
W. Eric Seide_sticker,President Pro Tempore Carol Schl
Ro Carter Richard . Sharp
S arinkam/ Luc yder
ATTEST:
Diana L. Cordray, IAMC, Clerk Treasurer
Pjesented by me to the Mayor of the City of Carmel, Indiana, at 2: s- o'clock P m. on
the I 1 day of Ni er, 2014.
c_-_-)tek..0- -
Diana L. Cordray, IAMC, Clerk-Treasurer
proved by me, the Mayor of the City of Carmel, at I. DO o'clock P m. on the a5
day of , 2014.
4
•
Jame• Brainard, Mayor
ATTEST: /J
)101.A./D 6 .Diana L. Cordray, IAMC, Clerk-Treasurer
This Ordinance was originally prepared by Douglas C. Haney, Cannel City Attorney, on 9/15/14 at 2:48 p.m. It
may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr.Haney for legal sufficiency or otherwise.
30
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-592-14
Flood Hazard Areas
Establishes a new ordinance and
Repeals the current language in Chapter 22
Of the Zoning Ordinance
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Cannel Plan Commission offers you the following report on the application (Docket
No. 14080007—Flood Hazard Area)to establish a new ordinance and repeal the current
language in Chapter 22 of the Zoning Ordinance.
The Cannel Plan Commission's recommendation on the petition of the applicant is
`Favorable."
At its regularly scheduled meeting of September 16, 2014, the Cannel Plan Commission
voted Ten (10) in Favor, Zero (0) Opposed, One (1) Absent, to forward to the Common
Council the proposed Ordinance No. Z-592-14 with a"Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant to IC 36-7-4-607(e), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Thursday December 18, 2014.
CARMEL PLAN COMMISSION
BY: Yl R ►'L. ( - /f y
Steven R. Stromquist, President
ATTEST:
f EtiZd bId3SMel
Lisa Motz, Secretary a
Cannel Plan Commission
Dated: September 19,2014