HomeMy WebLinkAboutZ-287 Flood Hazard ZoningOrd. No. Z-287
carmel/Clay Flood Hazard Zoning Ordinance
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, AMENDING CHAPTER 10, ARTICLE 2t
SECTION 10.31, OF TH~ CARF~L CITY CODE
BY THE REPEALING OF SECTION 22.0 THRoUgH 22.5 OF THE ~ENT
CARMEL/CLAY ZONING ORDINANCE Z-160, AND R~PLAcE IN
ITS ENTIRETY ANEW SPECIAL FLOOD ~AZARD ZONING
ORDINANCE, COPY ATTACHED.
WHEREAS, the Carmel/Clay Plan commission, on August 17,
1993, held a legally advertised public hearing on an
amendment to the text of Chapter 10, Artlole 2, Section
10.31 of the Carmel city Code for the city of Carmel,
Indiana, which is the ~oning and Subdivision ordinance
of said City, until all objections and remonstrances
were heard: and
WHEREAS, this amendment was initiated by the Plan
Commission; and
WHEREAS, said request did propose t~%at said ordinance
be amended as follows:
repeal Sections 22.0 through 22.5 of the current
Carmel/Clay Zoning Ordinance Z-160, and replace in its
entirety a new, special flood hazard zoning ordinance,
which reads as follows:
The text of the ordinance if attached hereto
and incorporated herein and marked as Exhibit
A.
NOW, THEREFORE, BE IT ORDAINED BY THE CO~ON COUNCIL OF
TH~ CITY OF CARMELt INDIANA, AS FOLLOWS:
ect~. Chapter 10, Article ~, Section 10.31, of
the C~rmel City Code is hereby amended to read as
fellows:
~0 'd ~L~ £LL LI~ 'ON :~¥'~
ordinamce No.- ....
Be it ordained by the Common Council of t~e City of Carmel,
Indiana, as follows:
SECTION %~ STATUTORY AUTHOR~,ZATION., The Indiana Legislature
gra~ted the power to ~ocal u~its of governme.n= to control land use
within their ~uri-~dictions which e~fe=t sp~mal flood ~azard areas
in order to provide uninterrnptud greenways that con~ol flco~ing,
4~.Drove water ~uality by ~iltering waterborne pollutants, provide
habitat for highly varied flora and fauna, and also contain
wetland areas which are some of the most biologically productive
lands within the juri~dlction.
SECTION 2. STA.T~MENT..QF .PUR~OSE. The purpose of this ordinance is
to guide develoDment in the flood hazard areas in order to reduce
the potential for:
X. Loss of life and property
2. Health and ~afet~ hazards
3. Extraordinary public expenditUres for flood protection and
relief
Under the authority granted t~ local units of government to
¢on~ro% land use within their jurisdiction, which includes taking
i~to aoco"~t the affects of floo~ing, the Common Council for the
City o~ Carmel here~y adopts the following floodplain management
regulations in order to ac=omplish the following:
a. to prevent unwise developments from increasing ~lood or
drainage hazards to others;
b. to protect new building~ and major improvements to
buildings from flood damage;
c. to protect human life an~ health from the hazards of
flooding;
d. to lessen the burden on the tax~ayer for flood control
projects, re~airs to ~lood-~eged public facilities and
utilities, and flood rescue and rslisf operations;
e. to maintain property values and a stable tax base by
mi~{mizing the po~en~ial for creating flood blighted areas;
f. to make federally subsidized flood insurance available
for prcpert~ in the zoning jurisdiction of =he City Carmel b~
fulfil]~-~ the requirements of the ~&tional Flood Insurance
~L~ ~LL LI~ 'ON
S"d~ 8 NO~O9
~;~:II NOLI g6-L;~-dq$
C~unitv ~elo~men:. ~he O~ec~o: for ~he Deponent of
C~uni=y D~elo~en~ is appointed ~o =~iew ~11 dev~lo~en~ ~
e~vision proposals to insure co~lianc~ with this or~n~ce,
i~lu~ng bu~ no~ l~=e~ to th~ follow~g duties=
a. ~n~ur~ that =11 developmen~ a~ivi~ies wlt~n the
'S9~ci~ Flo~ Haa~d ~ea~" (S~) o~ =he j~i~dic=ion o~
~e City of C~el/Clay To, ship ~e= the =equipments o~
~i~ or~nanc~ ·
b. Provide information and assistance to ¢iti~-ens upon
request about permit procedures and floodplain construction
techniques.
c. Ensure that construction autho=i~-ation has been granted
by the Indiana Natural Resources Commission for all
development projects subject to Section $ of this ordinance,
and maintain a record of such authorization (either copy of
actual permit or letter of recommendation).
a. Maintain a record of the "as-built" elevation of the
lowest floor (including basemenU) of all new and/or
subs=antla!ly improved buildings constructed in the $~HA.
e. Maintain a r~cord e~ the engineer's certificate and the
'as built" floodproofed elevation of all buildings subj~t to
Section 8 of this Ors~ance.
f. Coope=ate with state and ~ederal floodpiainmanagemen~
agencies to improve base flood and floor, ay data and to
improve the a~-~nistration of this ordinance. Submit reports
as required ~or the National ~lood Insurance Program.
g. Maintain for public inspection and furnish upon request
requlatory ~1oo~ data,.S~HAmaps, copie~ of DNR permits and
lette=s of re¢o=~en~ation, federal permit documents, and "as
built" elevetion and fl0odproofing data for all buildings
cons=ructe~ sub,eot to this ordinance.
S~CT!O~. 4. ~GULATORY F~OQD.ELEVATION. This ord/nance's
~rotec:ion standard is the regulatory flood. The best available
regula=ory flood data is listed below. W~enever a par~y disagrees
with the bes: available data, the par~y su~mittlng the detailed
engineering study needs to replace existing dat~ with better c~ata
an~ submit it to the Department o~ Natural ~esources for review
and approval.
a. The regnla~o~ flood elevations ~or the SPas of ~
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90 'd ~L~S ~LL LIS 'ON 2~.:I 8~8 NO(]~09 ;~E:~,~, I'tO;l ~6-LE-cF~S
Insurance Study of ~he City of C~I ~~~'~
b. The regulator~ flood elevation for each SFHA delineated
as an "AH Zone" or "AO zone" shall he that elevation (or
depth) delineated on the Flood Insurance Rate Map of the City
of Carmel.
¢. The regulator~ ~lood Elevation'for each of ~e remaining
S~HAs delineated as an "A Zone" on the Flood Insurance Rate
Map of the City of Carmsl shall be according to the best ~ata
available as provided by the Department of Natural Resources.
SECTIO~_5~ IM~RO..VEM~NT LOCATION PERMIT FQR.CONSTRUCTiON WIT~!N ~
S~ECIAL FLOOD. HAZARD ZON~._(SFHA). No person, firm, corporation,
or governmental body, not exempted by state law'shall commence any
"development" in the SFHAwithout fi~t obtaining an Improvement
Location Permit from the Department of Co~m~.~nit~ Development. The
Department o~ Community D~velopment shall not issue an Improvement
Location ~ermlt if the proposed "development" dce~ not meet the
requirements of this ordinance.
a. The application and materials requixed for an !mprovemen~
Location Permit shall be accompanied~ythe elevation of lowest
floor (including basement) of all proposed st~ctures.
Elevation should be in National Geodetic vertical Datum o~ 1929
(NGVD).
Upon receipt of an application for an Improvement Location
Per, it, the Director shall de~ermi~e if ~he site is locate~
within an identified floodway, floodway fringe, or within the
floodplain where the 1/~i~s of the floodway have mot yet been
deteL'mlned.
If the site is in an identified floodway the Director
shall require the applican~ to forward the application,
along wi~h alt pertinent plans and specifications, to
the Department of Natural Resources and ap~ly for a
permit for construction in a floodway.
Under the provisions of IC 13-2-22 a ~ermit fr~m t/~e
Natural Resources Commission is require~ prior to the
issuance of a local ~uil~ng permit for any excavation,
deposit, construction or obstruction a¢~ivit~ located in
the ~loo~¥ay: This includes land preparation activities
such as ~lllng~ gra~ing, clearing and paving etc.
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LO 'd ~L3~ ~LL LiR 'ON R¥.I SHHA~t NOQHOD 3~:i[ NO!,I £8-L3-H3S
undertaken before t~he actual start of construction.
No action shall be taken by the Director until a permit
has been issued by the Natural Resources Commission
granting approval for construction in the ~loodway.
Once a 9ermit has been issued b~ %he Natural Resourues
Commission, the Director may issue an Imgrevemen~
Location Permit, provided the precisions contained in
Sections 6 and 7 of this ordinance have been me~. The
Improvement Location Permi~ cannot be less restrictive
than the permit issued by the Natural Resources
Co-~ission.
If the ~i~e is 1neared in an identified floodway fringe,
then the Director may issue an Improvement Location
Permit provided the provislone contained in section ~
and 7 o~ this ordinance have been met. The lowest floor
of any ~ substantially .i~.proved structure shall be
at or above the Flood Protectxon Grade (two feet above
the 100 ye~.r, elevatio~ as specified by ~~
If the sate is in an identified floodplain where tbs
.limits of the floodway and floodway fringe have not yet
been determined (shown as zone A on the Floo~ Insurance
Rate map), and the drainage area upstream of the site is
greater than one square mile, the Director shall require
the applicant to forward the application, along with all
pertinent plans and specifications, to ~he Department of
Natural Resources for review and oomment.
No action shall Be taken by the Director until either a
permit for construction in the floodway or a letter of
reoommendation citing the 100 Fear flo°d elevation and
the reco~en~ed Flood ~rotection Grade has been received
from ~he Depa~ament of Natural Resources.
Once the Director ha~ received the ~rope= permit Or
letter Of reco~endation approving the proposed
development, an Improvement Location ~ex-mi~ ma~ ~e
issued provided the conditions of the Improvement
Lo~ation ~ermit are not less restrictive than the
conditions receive~ from the Department of ~atural
Resources and the provisions contained in Section 6 and
7 of ~his or~Linance have been met.
SECTION 6. PREVENTING ~Cg~D DAMAGES. No development in the
SFHA shall create a damaging or potentially d~ging increase ~n
floo~ heights, velocity, or threat to pnblic health and safety.
Within the floodway identified on the Flood Boundary and
Floodway Map or the Flood Insurance Rate Map, the following
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80 '~J ~LZ~ SLL i~ 'ON ~{~'~ S~'q;,8 NOQ~J09 ~:~,'[ NO~ ~6-L;~-~'~S
~tandards shall apply:
No deveiopment shall be allowed which acting alone or in
combine=ion with existing or future s~m{~a~works, will
Cause any increase in the elevation of =he regulator~
flood~ and
For all ~rojects involving channel modifications or fill
(including levees) the City shall submit a request to
the Federal ~m~rgency Management Agency to revise the
regulatory flood data.
Within all SFHAa identified as A Zones (no 100 year flood
elevation and/or floodway/floodway fringe deline&~ion has
been provided) the ~otai cumulative ef~eo= of the proposed
development, when combined with all other existing and
anticipated development, will nc~ increase the regulatory
flood elevation more than one tenth (0.1) of one foot and
will not increase flood d=mages or potential flood damages.
c. P~blic Health Standards in a~l S~HAs:
No ~eve!opm~nt in the S~HA shall include locating or
storing chemicals, explosives, buoyant materials,
fl~-~able liquids, Dollutants, or other hazardous or
toxic ma=erials below the Flood Protection Grade (~G},
U~iess such materials are stored in a storage tank or
floodproofed building eon~-rueted according to
re~iremenZs of section 8 of this ordinance.
New and replacement ~a~itary sa~er lines =nd on-site
waste disposal systems may be permlt~ providing all
manholes or other above ground openings located below
the I~G ars watertight.
~ECTION 7~ ~ROTECTING ~XISTI~G B~!LDINGS. In add~tion to the
d~ge prevention r~quirements of Sec=ion 6, all buildings
currently located with/~ t SI~ shall be protected from flood
d~sge below the
a. This building U~otection =ecluirement applies to the following
construction or 9~acsm~nt of any new building valued at
mo~ than $1,000 '~" ..~_~..~
~tructural alterations made to an existing building tha~
increase ~he m~rke~ value of the b~4]a~g by more than
50% (excluding the value of ~he land) or a~y strnctural
alteration made previously (one ~ime only altera~ion)~
60 '8 ~L~8 ~LL it~ 'ON :~:i
of the buil~ing (ex¢ludlng ~e value o~ ~e l~nd) before
~n~alling a manufactur~ home on a new site or a n~w
manufactured ~ome on an existing site. Th~s ordinance
does not apply to returning the existing manufaotu=sd
home to the same site it lawfully occupied before it was
removed to avoid flood damage; and
pla=emen~ o~ a ~ravel trailer on a site for more
180 days.
This building protection requirement may be mat by one o~ the
~ollowing methods. The Director shall maintain a record of
com~lianc? with these building pr?tection st~ndards as
required ~n $~c%,ion 3 of this ordinance.
A residential or nonresidential building may he
constructed on a permanent grade or fill in accordance
wi~h the followi~g=
The fill shall be placed in layers no greater
than I foot deep before compacting to 95% o~
~he meximumdensit~ obtainable wit~ the
standar~ Proctor Test metho~.
(b).
The fill should extend at least =an feet
beC=nd the foundation of the building her=re
sloping Below ~he F~G,
(c) ·
The fill shall be protected against erosion
an~ scour during flooding h~ vegetative cover,
riprap, or bulkhea~:~g. If vegetative =over
is used, the slopes shall ~e no steeper than 3
horizontal to 1 vertical.
(d).
The fill shall not adversely affect the flow
og surface drainage from or on~e neighboring
proper~ies.
(e) .
The lowest floo~ (see definition of lowest
floor) shall be at or above the FPG.
A residential or nonresidential building may be elevated
accordance wi~h the following:
(a) .
The building or improvements shall he elevated on
posts, piers, columns, extended wall~, or other
t~es of slmilar foundation provided:
~LE~ ~LL L I~ 'ON ~
(1).
(~) ·
Walls of any enclosure below the elevated
floor shall be designed to automatioally
equalize hydrostatic flood forces on
walls by allowing for the entry and exit
of flood waters, ~hrough providing
~n~ o~ two ope~gs (in
doo~ays a~ ~in~s) ~v~g a ~o~al
o~ one (1) s~e foot for ~
~ea ~ec~ ~ ~loaa~~~'~'~'f-
all ~uch opening shall b~ no
one (1) foot
Any enclosure below the elevated floor is
us~ for ...... ~~ and building
(b) ·
The foundation and supporting m~hers shall be
anchored and aligned in relation to flood flows and
a~joining structures so as t.O m.tnlm~ze exposn=e ~o
known hydrod~nn~.c forces such as currentr waves,
ice, and floating debris.
(C) ·
All areas below the FPG shall be constructed oS
materials resistant to ~lood damage. The lowest
floor (including basement} and all electrical,
heating, ventilating, plumbing, .add air
conditioning equipment and utility meters shall be
located at or above the FPG. Wa~er and sewer
~ipes, electrical an~ t~lephone lines, submersible
pumps, and other waterproofed service facilities
may be located below the ~G.
3. M.~n. ufac=ured homes and travel trailers (also called
recreational vehicles) to be installe~ er sube~antially
{~roved on a site for more than 180 da~s m~s~ meet one of
the follov~g anchoring rs quirements:
The manufactured hc~e shall be elevated on
a permanent foundation such tha~ the lowest ~loor
shall be at o= above ~he PPG an~ securely anchored
to an adequat?l¥ anchored foundation system to
resist ~lotat~on,collapse, an~ lateral movement.
This requirement applies to all manufactured homes
to be placed on a site:
{1).
outside a manufactured home park
subdivision~
(2) ·
in a new manufactured home park or
subdivi~ion~
~ '~ ~i3~ ~ii LiE 'ON ~{~
(b) -
(3) .
in an expans£on ~O an existing
manufactured home va~k or subdi=ision~ or
(4).
/n an existing manufactured h~me park or
subdivision on which a manufactured home
has incurred "substantial ~ge" as a
result of a flood.
The manufactured home shall be elevate/ so that the
lowest floor of the manufactured home chassis ia
suppor~edhy =einfer=ed piers or other foundation
elements that are ~c less than 36 inches in height
a~ove grade and be securely anchored to an
adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
This requirement applies to all manufactured homes
to be placed on a site in an ex/s~ing ~-ufactured
home park cr subdivision that has no~ been
substantially d~ged by a flood.
Reareation vehiales placed on a site shall ei~her~
(a). be on the site for less than 180 consecutive
(b). be fully licensed and :eady fo: highway uss
Id~fined as being on it~ wheels or jacking system,
xs attached to the sits only by quickdisconnec=
t3rpe utilities and security devices, and has no
permanently attached additions); or
(c). meet the requirements ~cr 'manufactured homes'
in paragraph (3) of this section.
A non-residential building may be floodproo~ed to
the FPG (Ln lleu oi elevating) if done in
accordance with ~he following:
(a).. A Registered Vrofessional ~ngineer sh~ll
certify that the bu/l&i,~ has been designed so tha~
below the FP~, the ~tructure an4 attendant utility
facilities are watertlgh= and capable of resisting
the effects of the regulato=y flood. The Building
design shall take into a¢countflood velocities,
duration, rate of rise, static pressures, and
impaots from deb:is or ice.-
(b). Floodpreofing measure~ shall be over.la
withou~ ~m~ in. aryan=ion and wi~hon~ an outside
source o~ elect=deity.
~ 'd ~i3£ ELL L~£ 'ON IC, dH SIH'qAH NO<I;HO9 q~3:l'i NOI-I {~6-L~3-d2HS
SECTION 8. OTH~.R DgVELOPM~NT ~gOOIREM~NT.$.
The Director shall review all proposed subdivisions :o
determine whe:he: the subdivision ~ies in a SPHA. :~ the
Director finds the subdivision to be so lees=ed, t~e dlreetor
shali fo=ward plans and mate=isis =o ~he Indiana Depar.~ment
cf Natural Resources for review aha comment. The snbd:vlslou
development plan shall show:
1. consistentcywith the need to minimize flood
all pu~.lic utilities and ~acilitles, such as sewer, gas,
electr:cal, and water systems are located and
constructed to minlmize or eliminate flood damage;
adequete drainage will be provided so as to reduce
exposure to flood haz~rds~
onsi~e waste ~sposal sFstems, if provided, will be so
located and designed ~o avoi~ impairmene of t~em or
contamination from them during the occurrence o~ the
regulatoz-f flood.
Developers shall indicate the 100 year flood elevation on all
subdivision plats containing lands identified as ~i~A pr%or
to submitting the plats for approval ~y t~e Plan Commiss:On.
.SECTION g. VARIANCES.
~e Board of Zoning Appeals m~y iss=e a variance =o the terms
and provisions of this ordinance subject to the ~o11~wing
st~n~ar~ and conditions:
No variance or exception for a residential use within a
floodway subject to Section 6 (a) er (b) may be granted.
Any variance or exception granted in a floodway su~Jeet
to Section 6 (a) or (b) wi!l require a permit from
Natural Resources.
Variances or exceptions 2o the Building Protection
S~and,,~ of Sec~°n~amaYlo~ted be ~t,~ only when a n~
st~cture is ~o be on a lot of on~-h~ acre or
less in size, o~tiguo~s %0 ~d su~ounded by lots ~h
existing st~es con~cted b~low the ~lood
Variance or exception may be granted for the
reconstruction or restoration o~ any structure
individually listed on the Register of Histeric Places
or the Indiana State Surve~ of Historic Architectural~
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~'[ 'd ~L3~ ~LL LI~ 'ON ~.~ S;~'q~8 N0(1;~09 93:'[I NO~ ~6-L3-d38
Archaeological and Cultural Sites,
DistrActs, and Objects;
5. Ail variances shall give %As minimum relief necessary
and be such that ~he maximum practical flood proteo=ion
will be given to the proposed construction; and
6. The Board of Zonin~ Appeals shall issue a written notice
to the reciDien= of a variance or exception that ~he
proposed construction will be subJe~ to increased
to life and propgrt~ and could require payment of
excessive flood ~nsuranoe
SECTION 1O. DISCLAIM~ OF LIABILITY. The degree of flood
prote¢=ion required by this ordinance is considered reasonable fo=
rugulatory purposes and is Based on available information derive4
from engineering and scientific methods of s=udy. Larger floods
can and will occur on rare occasions. Therefore, this ordinance
does not create any liability on the part of the community,
Natural Resources, or the State of Indlena, for any flood ~amage
that results from reliance on this ordinance or any administrative
decision made la~nlly thereunder.
SECTION 11.. VIOLATIONS.' ~ailure to obtain an Improvement
Location Permit in th~ SF~A or failure ~o comply with ~he
requirements of a 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 he treated as such in
acooraanoe with the provisions of ~he zoning Code for
t~e Cit~ of Carmel/Clay Township.
A separate offense shall be deemed to occur for each da7 the
viola~ion continue~ to exist.
The Carmel/Clay Planning Commission shall inform the owner
that an~ such violation is consi~ere~ a willful act to
increase ~lood damages and ~herefore may cause coverage by a
Standard Flood Insurance Policy to be ~uspended.
Nothing hereein shall prevent the City o~ Carmel/Clay
Township ~rom taking such other lawful action to prevent or
remedy any violations. All costs connected therewith shall
accrue to the ~erson or persons responsible.
~CTION 12. ABrOGaTION ~D GREATER RESTRICT!ON~. This ordinance
repeals and replaces other ordinances adopted by the City
=0 fulfill the requirements of the National ~leo~
Program. ~owever, this ordinance doe~ not repeal the orlginal
resolution or o~inance adopted to achieve eligibility in the
Pro~ra~. Nor does this ordinance repeal, abrogate, or impair an~
existing easements, covenants, or deed restrictions. Wher~ this
ordinance and other ordinance easements, covenants, or deed
10
~[ 'd ~L3~ ~LL L[£ 'ON ]{~
~estric~ions cunflic~ o~ overlap, whichever ~oses the
res~!~ve res~ctlons s~l ~e p~eeede~e. Zn ad~on,
Council shall as=ute that ~]l Natio~l F!~4
=e~la=ions {Cont~ed ~ ~4 ~ 60.3) an~ S%a=e Floodpl~n
~-ag~n= re~lations ~a la~ (3~0 ~ 6-1-1, iC 13-2-22 ~ IC
13-222.5~ are ~.
SECT10N 13. g8~ARA~TnT~. The 9rovlsions and sectors of ~s
o=~e sh~ be d~d sep~le ~ ~e in~li~y of ~y
r~inder.
SECTION 14.. EFF~CTiV2 ~AT~, This or~4 -anoe shall
effec~ upon its ~ass=ge by the C~m~on Council fo= the City of
Carmel.
$~tion ii. Ail prio~ Ordinances or pa=ts thereof
inconsistent with any provisions of this 0r~ianance are
hereby r~pealed.
Section III. This Ordinance shall be in full force and
effect from and after its passage and signing by the
Mayor.
PASSED BY =~u~ COMMON COUNCIL OF Tk~ CITY OF CARMEL,
esl~lng
Officer
Presented to me by__the.Mayor of the City of Carmel, Indiana, on
this ~__ day of 6~(v~ , 1993, at ~he hoLl~
ATTEST:
/~/erk-Treasurer
ffCarmel,
Indiana
ll