HomeMy WebLinkAboutPacket for PC 03-21-23
MEMORANDUM
Date: March 10, 2023
To: Carmel Plan Commission
From: Adrienne Keeling
Re: Docket No. PZ-2023-00030 OA
Flood Damage Prevention Ordinance
Enclosed is a proposed draft for the below item. If you have any questions, please call 571-2417.
Docket No. PZ-2023-00030 OA: Flood Damage Prevention Ordinance.
The applicant seeks to amend the Carmel City Code in order to establish a new ordinance for Flood
Damage Prevention as Chapter 10, Article 5 of the Carmel City Code replacing the current Flood
Hazard Ordinance. Filed by the Department of Community Services on behalf of the Carmel Plan
Commission.
Proposed Ordinance Summary:
Periodically, the Indiana Department of Natural Resources provides an updated “Model Ordinance” for Flood
Hazard Areas. The purpose of the model ordinance is to assist communities with floodplain management in
compliance with the participating criteria for FEMA’s National Flood Insurance Program (NFIP).
Carmel last revised our flood regulations in 2014 with the adoption of DNR’s (then) model Flood Hazard Areas
Ordinance into City Code. This proposal would replace the Flood Hazard Areas Ordinance with the language in
this latest model Flood Damage Prevention Ordinance, keeping Carmel up to date with the minimum
requirements of the NFIP.
The existing Flood Hazard Areas Ordinance was adopted by Council Ordinance Z-592-14.
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
1
ORDINANCE Z-xxx-23 1
2
AN ORDINANCE OF THE CITY OF CARMEL, INDIANA, 3
REPEALING AND REPLACING CHAPTER 10, ARTICLE 5 OF THE CARMEL CITY CODE 4
5
Synopsis: Adopts an updated version of the FEMA/DNR model flood damage prevention ordinance 6
to ensure that Carmel remains compliant with National Flood Insurance Program standards. 7
8
WHEREAS, in 2014, the Common Council of the City of Carmel, Indiana (“Council”) adopted a 9
model Flood Damage Prevention Ordinance created by the Federal Emergency Management Agency 10
(“FEMA”) and Indiana Department of Natural Resources (“DNR”); and 11
12
WHEREAS, the 2014 Flood Damage Prevention Ordinance set forth community floodplain 13
management practices that exceeded the minimum requirements of the National Flood Insurance Program 14
(“Program”) and enabled the City’s participation in the Program; and 15
16
WHEREAS, certain amendments to the Flood Damage Prevention Ordinance are now required by 17
FEMA and DNR; and 18
19
WHEREAS, to properly effectuate the amendments to the 2014 Flood Damage Prevention 20
Ordinance, FEMA and DNR have created a new model ordinance which must be adopted by the City in 21
order to remain active in the Program; and 22
23
WHEREAS, the Council, in the best interest of the citizens of Carmel, now desires and proposes 24
to repeal the 2014 Flood Damage Prevention Ordinance and adopt the new model ordinance. 25
26
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 27
Indiana, as follows: 28
29
Section 1. The foregoing Recitals are incorporated herein by this reference. 30
31
Section 2. Chapter 10, Article 5 of the Carmel City Code is hereby repealed in its entirety and 32
replaced as follows: 33
34
“CITY OF CARMEL FLOOD DAMAGE PREVENTION ORDINANCE 35
36
37
Section 1. Statutory Authorization, Findings of Fact, Purpose, and Methods 38
39
A. Statutory Authorization 40
41
The Indiana Legislature has in Indiana Code 36-7-4 granted the power to local government units to control land use 42
within their jurisdictions. Therefore, the Common Council of the City of Carmel does hereby adopt the following 43
floodplain management regulations. 44
45
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
2
B. Findings of Fact 46
47
The flood hazard areas of the City of Carmel are subject to periodic inundation which results in loss of life and 48
property, health and safety hazards, disruption of commerce and governmental services, extraordinary public 49
expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public 50
health, safety, and general welfare. Additionally, structures that are inadequately elevated, floodproofed, or otherwise 51
protected from flood damage also contribute to the flood loss. In order to minimize the threa t of such damages and 52
to achieve the purposes hereinafter set forth, these regulations are adopted. 53
54
C. Statement of Purpose 55
56
It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public 57
and private losses due to flood conditions in specific areas by provisions designed to: 58
59
(1) Protect human life and health; 60
61
(2) Minimize expenditure of public money for costly flood control projects; 62
63
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the 64
expense of the general public; 65
66
(4) Minimize prolonged business interruptions; 67
68
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer 69
lines, streets, and bridges located in floodplains; 70
71
(6) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such 72
a manner as to minimize flood blight area; 73
74
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; 75
76
(8) Minimize the impact of development on adjacent properties within and near flood prone areas; 77
78
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained; 79
80
(10) Minimize the impact of development on the natural, beneficial values of the floodplain; 81
82
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and 83
84
(12) Meet community participation requirements of the National Flood Insurance Program. 85
86
D. Methods of Reducing Flood Loss 87
88
In order to accomplish its purposes, these regulations include methods and provisions for: 89
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water 90
hazards, or which result in damaging increases in flood heights or velocities; 91
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
3
92
(2) Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected 93
against flood damage at the time of initial construction; 94
95
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, 96
which help accommodate or channel flood waters; 97
98
(4) Controlling filling, grading, dredging, excavating, and other development which may increase 99
flood damage; and, 100
101
(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, 102
waters or which may increase flood hazards in other areas. 103
104
Section 2. Definitions 105
106
Unless specifically defined below, words or phrases used in these r egulations shall be interpreted so as to give them 107
meaning they have in common usage and to give these regulations the most reasonable application. 108
109
Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, 110
channelization, or change in cross-sectional area of the channel or the channel capacity, or any other modification 111
which may alter, impede, retard or change the direction and/or velocity of the flow of water during conditions of the 112
base flood. 113
114
Accessory Structure means a structure with a floor area of 400 square feet or less that is on the same parcel of 115
property as a principal structure and the use of which is incidental to the use of the principal structure; an accessory 116
structure specifically excludes structures used for human habitation. 117
118
(1) Accessory structures are considered walled and roofed where the structure includes at least two outside rigid 119
walls and a fully secured roof. 120
121
(2) Examples of accessory structures include but are not necessarily limited to two-car detached garages (or 122
smaller), carports, storage and tool sheds, and small boathouses. 123
124
(3) The following may have uses that are incidental or accessory to the principal structure on a parcel but are 125
generally not considered to be accessory structures by the NFIP: 126
127
a. Structures in which any portion is used for human habitation, whether as a permanent residence or as 128
temporary or seasonal living quarters, such as a detached garage or carriage house that includes an 129
apartment or guest quarters, or a detached guest house on the same parcel as a principal residence; 130
131
b. Structures used by the public, such as a place of employment or entertainment; and, 132
133
c. Development that does not meet the NFIP definition of a structure for floodplain management purposes. 134
Examples includes, but are not necessarily limited to, a gazebo, pavilion, picnic shelter, or carport that is 135
open on all sides (roofed but not walled). 136
137
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
4
Addition (to an existing structure) means any walled and roofed expansion to the perimeter of a structure in which 138
the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, 139
which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction. 140
141
Appeal means a request for a review of the floodplain administrator’s interpretation of any provision of this 142
ordinance, a request for a variance, or a challenge of a board decision. 143
144
Area of special flood hazard is the land within a community subject to a one percent (1%) or greater chance of being 145
flooded in any given year. 146
147
Base flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. The 148
base flood may also be referred to as the 1% annual chance flood or one hundred (100) year flood. 149
150
Base Flood Elevation (BFE) means the water surface elevation of the base flood in relation to a specified datum, 151
usually the North American Vertical Datum of 1988. 152
153
Basement means that portion of a structure having its floor sub-grade (below ground level) on all sides. 154
155
Best Available Flood Layer (BAFL) means floodplain studies and any corresponding floodplain maps prepared 156
and/or approved by the Indiana Department of Natural Resources which provide base flood elevation information, 157
floodplain limits, and/or floodway delineations for flood hazards identified by approximate studies on the currently 158
effective FIRM (Zone A) and/or for waterways where the flood hazard is not identified on available floodplain 159
mapping. 160
161
Building – See "Structure." 162
163
Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the areas 164
within its jurisdiction. 165
166
Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities 167
include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, 168
and installations which produce, use or store hazardous materials or hazardous waste. 169
170
Development means, for floodplain management purposes, any man-made change to improved or unimproved real 171
estate including but not limited to: 172
(1) construction, reconstruction, or placement of a structure or any addition to a structure; 173
174
(2) installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational 175
vehicle on a site for more than 180 days; 176
177
(3) installing utilities, erection of walls and fences, construction of roads, or similar projects; 178
179
(4) construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; 180
181
(5) mining, dredging, filling, grading, excavation, or drilling operations; 182
183
(6) construction and/or reconstruction of boat lifts, docks, piers, and seawalls; 184
185
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
5
(7) construction and/or reconstruction of, bridges or culverts; 186
187
(8) storage of materials; or 188
189
(9) any other activity that might change the direction, height, or velocity of flood or surface waters. 190
191
"Development" does not include activities such as the maintenance of existing structures and facilities such as 192
painting; re-roofing; resurfacing roads; or, gardening, plowing, and similar agricultural practices that do not 193
involve filling, grading, excavation, or the construction of permanent structures. 194
195
Elevation Certificate means a FEMA form that is routinely reviewed and approved by the White House Office of 196
Management and Budget under the Paperwork Reduction Act, that is encouraged to be used to collect certified 197
elevation information. 198
199
Enclosed area (enclosure) is an area of a structure enclosed by walls on all sides. 200
201
Enclosure below the lowest floor. See “Lowest Floor” and “Enclosed Area.” 202
203
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the 204
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a 205
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete 206
pads) is completed before the effective date of the community’s first floodplain ordinance. 207
208
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by 209
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the 210
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 211
212
FEMA means the Federal Emergency Management Agency. 213
214
Fill for floodplain management purposes, means any material deposited or placed which has the effect of raising the 215
level of the ground surface above the natural grade elevation. Fill material includes but is not limited to consolidated 216
material such as concrete and brick and unconsolidated material such as soil, sand, gravel, and stone. 217
218
Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land 219
areas from: 220
221
(1) The overflow of inland or tidal waters. 222
223
(2) The unusual and rapid accumulation or runoff of surface waters from any source. 224
225
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and 226
flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and 227
deposited along the path of the current. 228
229
Flood or flooding also includes the collapse or subsidence of land along the shore of a lake or similar body of water 230
as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical levels that 231
result in a flood as defined above. 232
233
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
6
Flood hazard area means areas subject to the one percent (1%) annual chance flood. (See “Special Flood Hazard 234
Area”) 235
236
Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has delineated both 237
the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been 238
made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 239
240
Flood Insurance Study (FIS) means the official hydraulic and hydrologic report provided by FEMA. The report 241
contains flood profiles, as well as the FIRM and the water surface elevation of the base flood. 242
243
Flood prone area means any land area acknowledged by a community as being susceptible to inundation by water 244
from any source. (See “Floodplain”) 245
246
Flood Protection Grade (FPG) is the BFE plus two (2) feet at any given location in the SFHA. (See “Freeboard”) 247
248
Floodplain or flood prone area means any land area susceptible to being inundated by water from any source. (See 249
“Flood”) 250
251
Floodplain management means the operation of an overall program of corrective and preventive measures for 252
reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including 253
but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open 254
space plans. 255
256
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health 257
regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control 258
ordinance), and other applications of police power which control development in flood -prone areas. The term 259
describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood 260
damage prevention and reduction. 261
262
Floodproofing (dry floodproofing) is a method of protecting a structure that ensures that the structure, together with 263
attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are 264
substantially impermeable to the passage of water. All structural components of these walls are capable of resisting 265
hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces. 266
267
Floodproofing certificate is a form used to certify compliance for non-residential structures as an alternative to 268
elevating structures to or above the FPG. 269
270
Floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to 271
discharge the base flood without cumulative increasing the water surface elevation more than a designated height. 272
273
Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of 274
floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights 275
greater than those calculated for the base flood. 276
277
Fringe or Flood Fringe is the portion of the floodplain lying outside the floodway. 278
279
Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried 280
out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the 281
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
7
loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-282
term storage or related manufacturing facilities. 283
284
Hardship (as related to variances of this ordinance) means the exceptional hardship that would result from a failure 285
to grant the requested variance. The City of Carmel Board of Zoning Appeals requires that the variance is exceptional, 286
unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. 287
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s 288
neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved 289
through other means without granting a variance, even if the alternative is more expensive, or requires the property 290
owner to build elsewhere or put the parcel to a different use than originally intended. 291
292
Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, 293
next to the proposed walls of a structure. 294
295
Historic structure means any structure that is: 296
297
(1) listed individually in the National Register of Historic Places (a listing maintained by the Department of 298
the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for 299
individual listing on the National Register; 300
301
(2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical 302
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify 303
as a registered historic district; 304
305
(3) individually listed on a state inventory of historic places in states with historic preservation programs which 306
have been approved by the Secretary of the Interior; or 307
308
(4) individually listed on a local inventory of historic places in communities with historic preservation 309
programs that have been certified by (a) an approved state program as determined by the Secretary of 310
Interior, or (b) directly by the Secretary of Interior in states without approved programs. 311
312
Hydrologic and hydraulic engineering analysis means analyses performed by a professional engineer licensed by 313
the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana Department 314
of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway 315
information and boundaries, and flood profiles. 316
317
International Code Council-Evaluation Service (ICC-ES) Report means a document that presents the findings, 318
conclusions, and recommendations from a particular evaluation. ICC-ES reports provide information about what 319
code requirements or acceptance criteria were used to evaluate a product, and how the product should be identified, 320
installed. 321
322
Letter of Final Determination (LFD) means a letter issued by FEMA during the mapping update process which 323
establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the 324
six-month adoption period. The community must adopt or amend its floodplain management regulations during this 325
six-month period unless the community has previously incorporated an automatic adoption clause. 326
327
Letter of Map Change (LOMC) is a general term used to refer to the several types of revisions and amendments to 328
FEMA maps that can be accomplished by letter. They are broken down into the following categories: 329
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
8
330
(1) Conditional Letter of Map Revision (CLOMR) means FEMA’s comment on a proposed project that 331
would, upon construction, result in modification of the SFHA through the placement of fill outside the 332
existing regulatory floodway. 333
334
(2) Conditional Letter of Map Revision Based on Fill (CLOMR-F) means a letter from FEMA stating that a 335
proposed structure that will be elevated by fill would not be inundated by the base flood. 336
337
(3) Letter of Map Amendment (LOMA) means an amendment by letter to the currently effective FEMA map 338
that establishes that a building or of land is not located in a SFHA through the submittal of property specific 339
elevation data. A LOMA is only issued by FEMA. 340
341
(4) Letter of Map Amendment Out as Shown (LOMA-OAS) means an official determination by FEMA that 342
states the property or building is correctly shown outside the SFHA as shown on an effective NFIP map. 343
Therefore, the mandatory flood insurance requirement does not apply. An out-as-shown determination does 344
not require elevations. 345
346
(5) Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map. It is 347
issued by FEMA and changes flood zones, delineations, and elevations. 348
349
(6) Letter of Map Revision Based on Fill (LOMR-F) Letter of Map Revision Based on Fill (LOMR-F) 350
means FEMA’s modification of the SFHA shown on the FIRM based on the placement of fill outside the 351
existing regulatory floodway. 352
353
Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, 354
deck support, or basement entryway immediately next to the structure. 355
356
Lowest floor means, for floodplain management purposes, the lowest elevation described among the following: 357
(1) The lowest floor of a building. 358
359
(2) The basement floor. 360
361
(3) The garage floor if the garage is connected to the building. 362
363
(4) The first floor of a structure elevated on pilings or pillars. 364
365
(5) The floor level of any enclosure, other than a basement, below an elevated structure where the walls of 366
the enclosure provide any resistance to the flow of floodwaters. Designs for meeting the flood opening 367
requirement must either be certified by a registered professional engineer or architect or meet or exceed 368
the following criteria: 369
370
a. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing 371
for the entry and exit of floodwaters. 372
373
b. At least two (2) openings are designed and maintained for the entry and exit of floodwater; and these 374
openings provide a total net area of at least one (1) square inch for every one (1) square foot of 375
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
9
enclosed area. The bottom of all such openings shall be no higher than one (1) foot above the exterior 376
grade or the interior grade immediately beneath each opening, whichever is higher. Doorways and 377
windows do not qualify as openings. 378
379
(6) The first floor of a building elevated on pilings or columns in a coastal high hazard area (as that term is 380
defined in 44 CFR 59.1), as long as it meets the requirements of 44 CFR 60.3. 381
382
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis 383
and is designed for use with or without a permanent foundation when attached to the required utilities. The term 384
"manufactured home" does not include a "recreational vehicle." 385
386
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more 387
manufactured home lots for rent or sale. 388
389
Mitigation means sustained actions taken to reduce or eliminate long-term risk to people and property from hazards 390
and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of 391
disaster response and recovery. 392
393
Natural grade for floodplain management purposes means the elevation of the undisturbed natural surface of the 394
ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also considered 395
natural grade. 396
397
New construction for floodplain management purposes means any structure for which the “start of construction” 398
commenced on or after the effective date of a floodplain management regulations adopted by a community and 399
includes any subsequent improvements to such structures. 400
New manufactured home park or subdivision means a manufactured home park or subdivision for which the 401
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a 402
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete 403
pads) is completed on or after the effective date of the community’s first floodplain ordinance. 404
405
North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used as a 406
reference for establishing varying elevations within the floodplain. 407
408
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, 409
excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, 410
or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the 411
direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by 412
the flow of water, or its likelihood of being carried downstream. 413
414
One-percent annual chance flood is the flood that has a one percent (1%) chance of being equaled or exceeded i n 415
any given year. See “Regulatory Flood”. 416
417
Physical Map Revision (PMR) is an official republication of a community’s FEMA map to effect changes to base (1-418
percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric 419
features. These changes typically occur as a result of structural works or improvements, annexations resulting in 420
additional flood hazard areas, or correction to base flood elevations or SFHAs. 421
422
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
10
Prefabricated Building is a building that is manufactured and constructed using prefabrication. It consists of factory-423
made components or units that are transported and assembled on-site to form the complete building. 424
425
Principally above ground means that at least 51 percent of the actual cash value of the structure, less land value, is 426
above ground. 427
428
Recreational vehicle means a vehicle which is: 429
430
(1) built on a single chassis; 431
432
(2) 400 square feet or less when measured at the largest horizontal projections; 433
434
(3) designed to be self-propelled or permanently towable by a light duty truck; 435
436
(4) designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, tra vel, or 437
seasonal use. 438
439
Regulatory flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year, 440
as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural 441
Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as 442
defined in Section 3(B) of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood”, “One-443
Percent Annual Chance Flood”, and “100-Year Flood”. 444
445
Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year 446
period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25% of 447
the market value of the structure before the damage occurred. 448
449
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. 450
451
Special Flood Hazard Area (SFHA), synonymous with “areas of special flood hazard” and floodplain, means those 452
lands within the jurisdiction of the City subject to a one percent (1%) or greater chance of flooding in any given year. 453
Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate 454
Maps, Flood Insurance Studies, as Zones A, AE, A99, or VE. The SFHA includes areas that are flood prone and 455
designated from other federal, state or local sources of data including but not limited to best available flood layer 456
maps provided by or approved by the Indiana Department of Natural Resources, historical flood information 457
reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse. 458
459
Solid waste disposal facility means any facility involved in the storage or disposal of non-liquid, non-soluble 460
materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous 461
substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and 462
liquids and gases stored in containers. 463
464
Start of construction includes substantial improvement, and means the date the building permit was issued, 465
provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit 466
date. The actual start means either the first placement of permanent construction of a structure on a site, such as 467
the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage 468
of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include 469
land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; 470
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
11
nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor 471
does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as 472
dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means 473
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration 474
affects the external dimensions of the building. 475
476
Structure means a walled and roofed building, including a gas or liquid storage tank, which is principally above 477
ground. The term includes a manufactured home, as well as a prefabricated building. It also includes recreational 478
vehicles installed on a site for more than 180 consecutive days. 479
480
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure 481
to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the 482
damage occurred. 483
484
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, 485
the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" 486
of the improvement. This term includes structures that have incurred “repetitive loss” or “substantial damage" 487
regardless of the actual repair work performed. The term does not include improvements of structures to correct 488
existing violations of state or local health, sanitary, or safety code requirements. 489
490
Variance is a grant of relief from the requirements of this ordinance consistent with the variance conditions herein. 491
492
Violation means the failure of a structure or other development to be fully compliant with this ordinance. 493
494
Walled and roofed means a building that has two or more exterior rigid walls and a fully secured roof and is affixed 495
to a permanent site. 496
497
Watercourse means a lake, river, creek, stream, wash, channel, or other topographic feature on or over which 498
waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood 499
damage may occur. 500
501
502
503
Section 3. General Provisions 504
A. Lands to Which This Ordinance Applies 505
This ordinance shall apply to all areas of special flood hazard (SFHAs) within the jurisdiction of the City of Carmel, 506
Indiana as identified in Section 3(B), including any additional areas of special flood hazard annexed by the City of 507
Carmel, Indiana. 508
509
B. Basis for Establishing the Areas of Special Flood Hazard 510
511
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of 512
the City of Carmel, delineated as an “AE Zone” on the Hamilton County, Indiana and Incorporated Areas 513
Flood Insurance Rate Map dated November 19, 2014 shall be determined from the one-percent annual chance 514
flood profiles in the Flood Insurance Study of Hamilton County, Indiana and Incorporated Areas and the 515
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
12
corresponding Flood Insurance Rate Maps (FIRM) dated November 19, 2014 as well as any subsequent 516
updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most 517
recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a studied 518
SFHA designated as an “AE Zone”, the limits of the floodway will be according to the best available flood 519
layer as provided by the Indiana Department of Natural Resources. 520
521
(2) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of 522
the City of Carmel, delineated as an "A Zone" on the Hamilton County, Indiana and Incorporated Areas 523
Flood Insurance Rate Map, dated November 19, 2014, as well as any subsequent updates, amendments, or 524
revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be 525
according to the best available flood layer provided by the Indiana Department of Natural Resources, 526
provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party 527
disagrees with the best available flood layer data, the party needs to replace existing data with better data that 528
meets current engineering standards. To be considered, this data must be submitted to the Indiana 529
Department of Natural Resources for review and subsequently approved. 530
531
(3) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood 532
elevation, floodway, and fringe limits of any watercourse in the community’s known flood prone areas shall 533
be according to the best available flood layer as provided by the Indiana Department of Natural Resources, 534
provided the upstream drainage area from the subject site is greater than one square mile. 535
536
(4) Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not y et 537
effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing 538
all previously effective less restrictive flood hazard data provided by FEMA. 539
540
541
C. Establishment of Floodplain Development Permit 542
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the 543
commencement of any development activities in areas of special flood hazard. 544
545
546
D. Compliance 547
548
(1) No structure shall hereafter be located, extended, converted, or structurally altered within the SFHA without 549
full compliance with the terms of this ordinance and other applicable regulations. 550
551
(2) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple 552
base flood elevations, or both, the development activity must comply with the provisions of this ordinance 553
applicable to the most restrictive flood zone and the most conservative (highest) base flood elevation affecting 554
any part of the existing or proposed structure; or for other developments, affecting any part of the area of the 555
development. 556
557
(3) No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this 558
ordinance and other applicable regulations. 559
560
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
13
561
E. Abrogation and Greater Restrictions 562
563
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. 564
However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions 565
shall prevail. 566
567
568
F. Discrepancy between Mapped Floodplain and Actual Ground Elevations 569
570
(1) In cases where there is a discrepancy between the mapped floodplain (SFHA) with base flood elevations 571
provided (riverine or lacustrine Zone AE) on the FIRM and the actual ground elevations, the elevation 572
provided on the profiles or table of still water elevations shall govern. 573
574
(2) If the elevation of the site in question is below the base flood elevation, that site shall be included in the 575
SFHA and regulated accordingly. 576
577
(3) If the natural grade elevation of the site in question is at or above the base flood elevation and a LOMA or 578
LOMR-FW is obtained, the floodplain regulations will not be applied provided the LOMA or LOMR-FW is 579
not subsequently superseded or invalidated. 580
581
582
G. Interpretation 583
584
In the interpretation and application of this ordinance all provisions shall be: 585
586
(1) Considered as minimum requirements; 587
588
(2) Liberally construed in favor of the governing body; and 589
590
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. 591
592
593
H. Warning and Disclaimer of Liability 594
595
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is 596
based on available information derived from engineering and scientific methods of study. Larger floods can and will 597
occur on rare occasions. Therefore, this ordinance does not create any liability on the part of the City of Carmel, the 598
Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on 599
this ordinance, or any administrative decision made lawfully thereunder. 600
601
602
I. Penalties for Violation 603
604
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
14
Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a 605
Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this ordinance. All 606
violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the 607
Zoning Code for the City of Carmel. All violations shall be punishable by a fine not exceeding $500.00. A separate 608
offense shall be deemed to occur for each day the violation continues to exist. Nothing herein shall prevent the City 609
from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue 610
to the person or persons responsible. 611
612
(1) A separate offense shall be deemed to occur for each day the violation continues to exist. 613
614
(2) The City of Carmel Plan Commission shall inform the owner that any such violation is considered a willful 615
act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be 616
suspended. 617
618
(3) Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. 619
All costs connected therewith shall accrue to the person or persons responsible. 620
621
622
Section 4. Administration. 623
624
A. Designation of Administrator 625
626
The Common Council of the City of Carmel hereby appoints the Director of the Department of Community Services 627
(DOCS) to administer and implement the provisions of this ordinance and is herein referred to as the Floodplain 628
Administrator. 629
630
631
B. Floodplain Development Permit and Certification Requirements 632
633
An application for a floodplain development permit shall be made to the Floodplain Administrator for all development 634
activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such 635
application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, 636
prior to the actual commencement of such construction on a form furnished for that purpose. Such applications shall 637
include, but not be limited to plans drawn to scale showing the nature, location, dimensions, and elevations of the 638
area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, 639
and the location of the foregoing. Specifically, the following information is required: 640
641
(1) Application Stage. 642
643
a. A description of the proposed development; 644
645
b. Location of the proposed development sufficient to accurately locate property and structure(s) in relation 646
to existing roads and streams; 647
648
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
15
c. A legal description of the property site; 649
650
d. For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an 651
existing building, a detailed quote and description of the total work to be completed including but not 652
limited to interior work, exterior work, and labor as well as a certified valuation of the existing (pre-653
improved or pre-damaged) structure; 654
655
e. A site development plan showing existing and proposed development locations and existing and 656
proposed land grades; 657
658
f. A letter from a licensed professional surveyor or engineering noting that an elevation reference 659
benchmark has been established or confirmed for those projects requiring elevations to be met; 660
661
g. Verification that connection to either a public sewer system or to an approved on -site septic system is 662
available and approved by the respective regulatory agency for proposed structures to be equipped with 663
a restroom, kitchen or other facilities requiring disposal of wastewater. 664
665
h. Plans showing elevation of the top of the planned lowest floor (including basement) of all proposed 666
structures in Zones A, AE. Elevation should be in NAVD 88; 667
668
i. Plans showing elevation (in NAVD 88) to which any non-residential structure will be floodproofed; 669
670
j. Plans showing location and specifications for flood openings for any proposed structure with enclosed 671
areas below the flood protection grade; 672
673
k. Plans showing materials to be used below the flood protection grade for any proposed structure are flood 674
resistant; 675
676
l. Plans showing how any proposed structure will be anchored to resist flotation or collapse; 677
678
m. Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and other 679
service facilities are designed and/or located. Elevation should be in NAVD 88; 680
681
n. Description of the extent to which any watercourse will be altered or relocated as a result of proposed 682
development. A hydrologic and hydraulic engineering analysis is required, and any watercourse changes 683
submitted to DNR for approval. Once DNR approval is obtained, a FEMA Conditional Letter of Map 684
Revision must be obtained prior to construction. (See Article 4, Section C (8) and Article 4, Section E 685
for additional information.) 686
687
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
16
o. Any additional information, as requested by the Floodplain Administrator, which may be necessary 688
to determine the disposition of a proposed development or structure with respect to the requirements of 689
this ordinance. 690
691
(2) Construction Stage. 692
693
a. Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall be 694
the duty of the applicant to submit to the Floodplain Administrator an elevation certificate for the building 695
under construction. The Floodplain Administrator shall review the elevation certificate. Any 696
deficiencies detected during the review shall be corrected by the applicant before work is allowed to 697
continue. Failure to submit the survey or failure to make said corrections required hereby shall be cause 698
to issue a stop-work order for the project. 699
700
701
(3) Finished Construction. 702
703
a. Upon completion of construction of any structure requiring certification of elevation, an elevation 704
certificate which depicts the “as-built” lowest floor elevation and other applicable elevation data is 705
required to be submitted by the applicant to the Floodplain Administrator. The elevation certificate shall 706
be prepared by or under the direct supervision of a registered land surveyor and certified by the same. 707
708
b. Upon completion of construction of an elevated structure constructed on fill, a fill report is required to 709
be submitted to the Floodplain Administrator to verify the required standards were met, including 710
compaction. 711
712
c. Upon completion of construction of a floodproofing measure, a floodproofing certificate is required to 713
be submitted by the applicant to the Floodplain Administrator. The floodproofing certificate shall be 714
prepared by or under the direct supervision of a registered professional engineer or architect and certified 715
by same. 716
717
718
C. Duties and Responsibilities of the Floodplain Administrator 719
720
The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of 721
this ordinance. The administrator is further authorized to render interpretations of this ordinance, which are consistent 722
with its spirit and purpose. 723
724
Duties and Responsibilities of the Floodplain Administrator shall include, but are not limited to: 725
726
(1) Enforce the provisions of this ordinance. 727
728
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
17
(2) Evaluate application for permits to develop in special flood hazard areas to assure that the permit 729
requirements of this ordinance have been satisfied. 730
731
(3) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information. 732
733
(4) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met 734
or refuse to issue the same in the event of noncompliance. 735
736
(5) Advise permittee that additional Federal, State and/or local permits may be required. If specific Federal, State 737
and/or local permits are known, require that copies of such permits be provided and maintained on file with 738
the floodplain development permit. 739
740
(6) Conduct substantial damage determinations to determine whether existing structures, damaged from any 741
source and in special flood hazard areas identified by FEMA, must meet the development standards of these 742
regulations. 743
744
(7) For applications to improve structures, including alterations, movement, enlargement, replacement, repair, 745
change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial 746
damage, and any other improvement of or work on such buildings and structures, the Floodplain 747
Administrator shall: 748
749
a. Verify and document the market value of the pre-damaged or pre-improved structure; 750
751
b. Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre -752
damaged condition; or, the combined costs of improvements and repair, if applicable, to the market value 753
of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, 754
including work that might otherwise be considered routine maintenance. Items/activities that must be 755
included in the cost shall be in keeping with guidance published by FEMA to ensure compliance with 756
the NFIP and to avoid any conflict with future flood insurance claims of policyholders within the 757
community; 758
759
c. Determine and document whether the proposed work constitutes substantial improvement or repair of 760
substantial damage; the determination requires evaluation of previous permits issued for improvements 761
and repairs as specified in the definition of “substantial improvement’ for proposed work to repair 762
damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-763
related damage as specified in the definition of substantial damage; and 764
765
d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of 766
substantial damage and that compliance with the applicable general and specific standards in Section 5 767
of this ordinance are required. 768
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
18
769
(8) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a 770
watercourse and submit copies of such notifications to FEMA. 771
772
(9) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for 773
all development projects subject to Section 5(A)(1), (A)(3)(a) and (A)(4) of this ordinance. Maintain a record 774
of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory 775
assessment). 776
777
(10) Verify the upstream drainage area of any proposed development site near any watercourse not identified on 778
a FEMA map to determine if Section 4(C)(9) is applicable. 779
780
(11) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the 781
flood-carrying capacity is not diminished. 782
783
(12) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially 784
improved structures, in accordance with Section 4(B). 785
786
(13) Verify and record the actual elevation to which any new or substantially improved structures have been 787
floodproofed in accordance with Section 4(B). 788
789
(14) Make on-site inspections of projects in accordance with Section 4(D). 790
791
(15) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood -damaged 792
structure covered by a standard flood insurance policy into compliance (either a substantially damaged 793
structure or a repetitive loss structure) to ensure eligibility for ICC funds. 794
795
(16) Ensure that an approved connection to a public sewer system or an approved on-site septic system is planned 796
for any structures (residential or non-residential) to be equipped with a restroom, kitchen or other facilities 797
requiring disposal of wastewater. 798
799
(17) Provide information, testimony, or other evidence as needed during variance hearings. 800
801
(18) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance 802
with Section 4(D). 803
804
(19) Maintain for public inspection and furnish upon request local permit documents, damaged structure 805
inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change 806
(LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments 807
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
19
(letters of recommendation), federal permit documents, and “as-built” elevation and floodproofing data for 808
all buildings constructed subject to this ordinance in accordance with Section 4(D). 809
810
(20) Coordinate map maintenance activities and associated FEMA follow-up in accordance with Section 4(E). 811
812
(21) Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by FEMA 813
for the currently effective SFHA maps of the community. 814
815
(22) Request any additional information which may be necessary to determine the disposition of a proposed 816
development or structure with respect to the requirements of this ordinance. 817
818
819
D. Administrative Procedures 820
821
(1) Inspections of Work in Progress. As the work pursuant to a permit progresses, the floodplain administrator 822
shall make as many inspections of the work as may be necessary to ensure that the work is being done 823
according to the provisions of the local ordinance and terms of the permit. In exercising this power, the 824
administrator has a right, upon presentation of proper credential, to enter on any premises within the territorial 825
jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action. 826
827
(2) Stop Work Orders. 828
829
a. Upon notice from the floodplain administrator, work on any building, structure or premises that is being 830
done contrary to the provisions of this ordinance shall immediately cease. 831
832
b. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the 833
person doing the work, and shall state the conditions under which work may be resumed. 834
835
(3) Revocation of Permits. 836
837
a. The floodplain administrator may revoke a permit or approval, issued under the provisions of the 838
ordinance, in cases where there has been any false statement or misrepresentation as to the material fact 839
in the application or plans on which the permit or approval was based. 840
841
b. The floodplain administrator may revoke a permit upon determination by the floodplain administrator 842
that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the 843
structure for which the permit was issued is in violation of, or not in conformity with, the provisions of 844
this ordinance. 845
846
(4) Floodplain Management Records. 847
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
20
848
a. Regardless of any limitation on the period required for retention of public records, records of actions 849
associated with the administration of this ordinance shall be kept on file and maintained under the 850
direction of the Floodplain Administrator in perpetuity. These records include permit applications, plans, 851
certifications, Flood Insurance Rate Maps; Letter of Map Change; records of issuance of permits and 852
denial of permits; determinations of whether proposed work constitutes substantial improvement or 853
repair of substantial damage; required design certifications and documentation of elevations required by 854
this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of 855
watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; 856
documentation related to appeals and variances, including justification for issuance or denial; and records 857
of enforcement actions taken pursuant to this ordinance. 858
859
b. These records shall be available for public inspection at the Carmel City Hall located at 1 Civic Square, 860
Carmel, IN 46032. 861
862
(5) Periodic Inspection. Once a project is completed, periodic inspections may be conducted by the Floodplain 863
Administrator to ensure compliance. The Floodplain Administrator shall have a right, upon presentation of 864
proper credential, to enter on any premises within the territorial jurisdiction of the department at any 865
reasonable hour for the purposes of inspection or other enforcement action. 866
867
E. Map Maintenance Activities 868
To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the 869
City of Carmel’s flood maps, studies and other data identified in Section 3(B) accurately represent flooding conditions 870
so appropriate floodplain management criteria are based on current data, the following map maintenance activities 871
are identified: 872
(1) Requirement to Submit New Technical Data 873
874
a. For all development proposals that impact floodway delineations or base flood elevations, the community 875
shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the 876
date such information becomes available. These development proposals include: 877
878
i. Floodway encroachments that increase or decrease base flood elevations or alter floodway 879
boundaries; 880
881
ii. Fill sites to be used for the placement of proposed structures where the applicant desires to remove 882
the site from the special flood hazard area; 883
884
iii. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, 885
including the placement of culverts; and Subdivision or large-scale development proposals requiring 886
the establishment of base flood elevations. 887
888
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
21
b. It is the responsibility of the applicant to have required technical data for a Conditional Letter of Map 889
Revision or Letter of Map Revision and submitted to FEMA. The Indiana Department of Natural 890
Resources will review the submittals as part of a partnership with FEMA. The submittal should be mailed 891
to the Indiana Department of Natural Resources at the address provided on the FEMA form (MT-2) or 892
submitted through the online Letter of Map Change website. Submittal and processing fees for these map 893
revisions shall be the responsibility of the applicant. 894
895
c. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of 896
a floodplain development permit for proposed floodway encroachments that increase the base flood 897
elevation. 898
899
d. Floodplain development permits issued by the Floodplain Administrator shall be conditio ned upon the 900
applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to this 901
section. 902
903
(2) Right to Submit New Technical Data 904
The Floodplain Administrator may request changes to any of the information shown on an effective map 905
that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or 906
planimetric details. Such a submission shall include appropriate supporting documentation made in writing 907
by the Mayor of the City of Carmel and may be submitted to FEMA at any time. 908
(3) Annexation / Detachment 909
Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of 910
the City of Carmel have been modified by annexation or the community has assumed authority over an area, 911
or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In 912
order that the Hamilton County, Indiana and Incorporated Areas Flood Insurance Rate Map accurately 913
represent the City of Carmel boundaries, include within such notification a copy of a map of the City of 914
Carmel suitable for reproduction, clearly showing the new corporate limits or the new area for which the 915
City of Carmel has assumed or relinquished floodplain management regulatory authority. 916
917
F. Variance Procedures 918
(1) The City of Carmel Board of Zoning Appeals (the board) as established by the Common Council shall hear 919
and decide appeals and requests for variances from requirements of this ordinance. 920
921
(2) The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or 922
determination is made by the Floodplain Administrator in the enforcement or administration of this 923
ordinance. Any person aggrieved by the decision of the board may appeal such decision to the Hamilton 924
County Indiana Circuit or Superior Courts. 925
926
(3) In considering such applications, the board shall consider all technical evaluations, all relevant factors, all 927
standards specified in other sections of this ordinance, and: 928
929
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
22
a. the danger to life and property due to flooding or erosion damage; 930
931
b. the danger that materials may be swept onto other lands to the injury of others; 932
933
c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage 934
on the individual owner; 935
936
d. the importance of the services provided by the proposed facility to the community; 937
938
e. the necessity to the facility of a waterfront location, where applicable; 939
940
f. the compatibility of the proposed use with existing and anticipated development; 941
942
g. the availability of alternative locations for the proposed use which are not subject to flooding or erosion 943
damage; 944
945
h. the safety of access to the property in times of flood for ordinary and emergency vehicles; 946
947
i. the expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the 948
site; and, 949
950
j. the costs of providing governmental services during and after flood conditions, including maintenance 951
and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets 952
and bridges. 953
954
(4) A written report addressing each of the above factors shall be submitted with the application for a variance. 955
956
(5) Variances from the provisions of this ordinance shall only be granted when the board can make positive 957
findings of fact based on evidence submitted at the hearing for the following: 958
959
a. A showing of good and sufficient cause. 960
961
b. A determination that failure to grant the variance would result in exceptional hardship as defined in 962
Section 2. 963
964
c. A determination that the granting of a variance will not result in increased flood heights, additional threats 965
to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the 966
public, or conflict with existing laws or ordinances. 967
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
23
968
(6) No variance for a residential use within a floodway subject to Section 5(A)(1), (A)(3)(a) or (A)(4) of this 969
ordinance may be granted. 970
971
(7) Any variance granted in a floodway subject to Section 5(A)(1), (A)(3)(a) or (A)(4) will require a permit from 972
the Indiana Department of Natural Resources. Variances shall not be issued within any designated regulatory 973
floodway if any increase in flood levels during the base flood discharge would result. 974
975
(8) Variances to the Provisions for Flood Hazard Reduction of Section 5 may be granted only when a new 976
structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with 977
existing structures constructed below the flood protection grade. 978
979
(9) Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the 980
proposed repair or rehabilitation will not preclude the structure’s continued designation as an “historic 981
structure” and the variance is the minimum to preserve the historic character and design of the structure. 982
983
(10) Variances may be issued for new construction, substantial improvements, and other development necessary 984
for the conduct of a functionally dependent use. 985
986
(11) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering 987
the flood hazard, to afford relief. 988
989
(12) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach 990
such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. 991
992
(13) Any applicant to whom a variance is granted shall be given written notice specifying the difference between 993
the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost 994
of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor 995
elevation. 996
997
(14) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the 998
Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request. 999
1000
1001
Section 5. Provisions for Flood Hazard Reduction 1002
1003
A. Floodplain Status Standards 1004
1005
(1) Floodways (Riverine) 1006
1007
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
24
Located within SFHAs, established in Section 3(B), are areas designated as floodways. The floodway is an 1008
extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and 1009
has erosion potential. Under the provisions of the Flood Control Act (IC 14-28-1) a permit for construction 1010
in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local 1011
building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. 1012
This includes land preparation activities such as filling, grading, clearing, and paving undertaken before the 1013
actual start of construction of the structure. General licenses and exemptions to the requirements of the Flood 1014
Control Act (IC 14-28-1 and 312 IAC 10) may apply to qualified additions/improvements to existing lawful 1015
residential structures, rural bridges, logjam removals, wetland restoration, utility line crossings, outfall 1016
projects, creek rock removal, and prospecting. 1017
1018
a. If the site is in a regulatory floodway as established in Section 3(B), the Floodplain Administrator shall 1019
require the applicant to forward the application, along with all pertinent plans and specifications, to the 1020
Indiana Department of Natural Resources and apply for approval for construction in a floodway, provided 1021
the activity does not qualify for a general license or exemption (IC 14-28-1 or 312 IAC 10). 1022
1023
b. No action shall be taken by the Floodplain Administrator until approval has been granted by the Indiana 1024
Department of Natural Resources for construction in the floodway, or evidence provided by an applicant 1025
that the development meets specified criteria to qualify for a general license or exemption to the 1026
requirement of the Flood Control Act. The Floodplain Development Permit shall meet the provisions 1027
contained in this article. 1028
1029
c. The Floodplain Development Permit cannot be less restrictive than an approval issued for construction 1030
in a floodway issued by the Indiana Department of Natural Resources, or the specified criteria used to 1031
qualify for a general license or exemption to the Flood Control Act for a specific site/project. However, 1032
a community’s more restrictive regulations (if any) shall take precedence. 1033
1034
d. In floodway areas identified on the FIRM, development shall cause no increase in flood levels during the 1035
occurrence of the base flood discharge without first obtaining a Conditional Letter of Map Revision and 1036
meeting requirements of Section 4(E)(1). A Conditional Letter of Map Revision cannot be issued for 1037
development that would cause an increase in flood levels affecting a structure and such development 1038
should not be permitted. 1039
1040
e. In floodway areas identified by the Indiana Department of Natural Resources through detailed or 1041
approximate studies but not yet identified on the effective FIRM as floodway areas, the total cumulative 1042
effect of the proposed development, when combined with all other existing and anticipated development, 1043
shall not adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse 1044
effect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) 1045
of a foot as determined by comparing the regulatory flood elevation under the project condition to that 1046
under the natural or pre-floodway condition as proven with hydraulic analyses. 1047
1048
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
25
f. For all projects involving channel modifications or fill (including levees) the city shall submit the data 1049
and request that the Federal Emergency Management Agency revise the regulatory flood data per 1050
mapping standard regulations found at 44 CFR § 65.12. 1051
1052
(2) Fringe (Riverine) 1053
1054
If the site is in the fringe (either identified on the FIRM or identified by the Indiana Department of Natural 1055
Resources through detailed or approximate studies and not identified on a FIRM), the Floodplain 1056
Administrator may issue the local Floodplain Development Permit provided the provisions contained in this 1057
article have been met. 1058
1059
(3) SFHAs without Established Base Flood Elevation and/or Floodways/Fringes (Riverine) 1060
1061
a. Drainage area upstream of the site is greater than one square mile: 1062
1063
If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been 1064
determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain 1065
Administrator shall require the applicant to forward the application, along with all pertinent plans and 1066
specifications, to the Indiana Department of Natural Resources for review and comment. 1067
1068
No action shall be taken by the Floodplain Administrator until written approval from the Indiana 1069
Department of Natural Resources (approval for construction in a floodway, letter of authorization, or 1070
evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-1071
percent annual chance flood elevation and the recommended Flood Protection Grade has been received 1072
from the Indiana Department of Natural Resources. 1073
1074
Once the Floodplain Administrator has received the proper written approval, evidence of general license 1075
qualification, or floodplain analysis/regulatory assessment approving the proposed development from the 1076
Indiana Department of Natural Resources, a Floodplain Development Permit may be issued, provided 1077
the conditions of the Floodplain Development Permit are not less restrictive than the conditions received 1078
from the Indiana Department of Natural Resources and the provisions contained in this section have been 1079
met. 1080
1081
b. Drainage area upstream of the site is less than one square mile: 1082
1083
If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been 1084
determined and the drainage area upstream of the site is less than one square mile, t he Floodplain 1085
Administrator shall require the applicant to provide an engineering analysis showing the limits of the 1086
floodplain and one-percent annual chance flood elevation for the site. 1087
1088
Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, 1089
provided the provisions contained in this article have been met. 1090
1091
1092
1093
1094
1095
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
26
(4) SFHAs not Identified on a Map 1096
1097
a. If a proposed development site is near a waterway with no SFHA identified on a map, the Floodplain 1098
Administrator shall verify the drainage area upstream of the site. If the drainage area upstream of the 1099
site is verified as being greater than one square mile, the Floodplain Administrator shall require the 1100
applicant to forward the application, along with all pertinent plans and specifications, to the Indiana 1101
Department of Natural Resources for review and comment. 1102
1103
b. No action shall be taken by the Floodplain Administrator until written approval from the Indiana 1104
Department of Natural Resources (approval for construction in a floodway, letter of authorization, or 1105
evidence of general license qualification) or a floodplain analysis/regulatory assessment citi ng the one-1106
percent annual chance flood elevation and the recommended Flood Protection Grade has been received 1107
from the Indiana Department of Natural Resources. 1108
1109
c. Once the Floodplain Administrator has received the proper written approval, evidence of general license 1110
qualification, or floodplain analysis/regulatory assessment approving the proposed development from 1111
the Indiana Department of Natural Resources, a Floodplain Development Permit may be issued, provided 1112
the conditions of the Floodplain Development Permit are not less restrictive than the conditions received 1113
from the Indiana Department of Natural Resources and the provisions contained in this article have been 1114
met. 1115
B. General Standards 1116
In all areas of special flood hazard, the following provisions are required: 1117
(1) All new construction, reconstruction or repairs made to a repetitive loss structure (optional), and 1118
substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; 1119
1120
(2) New construction and substantial improvements shall be constructed with materials and utility equipment 1121
resistant to flood damage below the FPG; 1122
1123
(3) New construction and substantial improvements must incorporate methods and practices that minimize flood 1124
damage; 1125
1126
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be 1127
located at/above the FPG for residential structures. Electrical, heating, ventilation, plumbing, air 1128
conditioning equipment, and other service facilities shall be located at/above the FPG or designed so as to 1129
prevent water from entering or accumulating within the components below the FPG for non-residential 1130
structures. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other 1131
waterproofed service facilities may be located below the FPG; 1132
1133
(5) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of 1134
floodwaters into the system; 1135
1136
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
27
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of 1137
floodwaters into the system; 1138
1139
(7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination 1140
from them during flooding; 1141
1142
(8) Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions 1143
of this ordinance shall meet the requirements of “new construction” as contained in this ordinance; 1144
1145
(9) Base flood elevation data shall be provided for subdivision proposals and other proposed development 1146
(including manufactured home parks and subdivisions), which is greater than the lesser of fifty (50) lots or 1147
five (5) acres; 1148
1149
(10) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple 1150
base flood elevations, or both, the development activity must comply with the provisions of this ordinance 1151
applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the 1152
existing or proposed structure; or for other developments, affecting any part of the area of the development. 1153
1154
(11) Fill projects that do not involve a structure must be protected against erosion and scour during flooding 1155
by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper 1156
than 3’ horizontal to 1’ vertical. 1157
1158
(12) Non-conversion agreements shall be required for all new or substantially improved elevated structures with 1159
an enclosure beneath the elevated floor, accessory structures, and open-sided shelters. 1160
1161
(13) Construction of new solid waste disposal facilities, hazard waste management facilities, salvage yards, and 1162
chemical storage facilities shall not be permitted in areas of special flood hazard; and 1163
1164
C. Specific Standards 1165
In all areas of special flood hazard where base flood elevation data or flood depths have been provided, as set forth 1166
in Section 3(B), the following provisions are required: 1167
(1) Building Protection Requirement. In addition to the general standards described in Section 5(B), structures 1168
to be located in the SFHA shall be protected from flood damage below the FPG. This building protection 1169
requirement applies to the following situations: 1170
1171
a. Construction or placement of a residential structure; 1172
1173
b. Construction or placement of a non-residential structure; 1174
1175
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
28
c. Addition or improvement made to an existing structure where the cost of the addition or improvement 1176
equals or exceeds 50% of the value of the existing structure (excluding the value of the land). An addition 1177
and/or improvement project that is continuous in scope or time is considered as one project for permitting 1178
purposes; 1179
1180
d. Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its 1181
before damaged condition equals or exceeds 50% of the market value of the struct ure (excluding the 1182
value of the land) before damage occurred (the costs of any proposed additions or improvements beyond 1183
restoring the damaged structure to its before damaged condition must be included in the cost); 1184
1185
e. Installing a manufactured home on a new site or a new manufactured home on an existing site; 1186
1187
f. Installing a travel trailer or recreational vehicle on a site for more than 180 days; 1188
1189
g. Reconstruction or repairs made to a repetitive loss structure; and 1190
1191
h. Addition or improvement made to any existing structure with a previous repair, addition or improvement 1192
constructed since the community’s first floodplain ordinance. 1193
1194
(2) Residential Construction. 1195
1196
a. New construction or substantial improvement of any residential structures shall meet provisions 1197
described in Section 5(A) and applicable general standards described in Section 5(B). 1198
1199
b. In Zone A and Zone AE, new construction or substantial improvement of any residential structure shall 1200
have the lowest floor; including basement, at or above the FPG. Should solid foundation perimeter walls 1201
be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters 1202
shall be provided in accordance with the standards of Section 5(C)(2)(c). Should fill be used to elevate 1203
a structure, the standards of Section 5(C)(2)(d) must be met. 1204
1205
c. Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade 1206
shall meet the following requirement: 1207
1208
i. Designed to preclude finished living space and designed to allow for the automatic entry and exit 1209
of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be 1210
designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. 1211
Engineered flood openings must be designed and certified by a registered design professional 1212
(requires supporting engineering certification or make/model specific ICC-ES Report), or meet the 1213
following criteria for non-engineered flood openings: 1214
1215
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
29
A. Provide a minimum of two openings on different sides of an enclosure. If there are multiple 1216
enclosed areas, each is required to meet the requirements for enclosures, including the 1217
requirement for flood openings in exterior walls (having a total net area of not less than one 1218
square inch for every one square foot of enclosed area); 1219
1220
B. The bottom of all openings shall be no more than one foot above the higher of the final interior 1221
grade (or floor) and the finished exterior grade immediately under each opening; 1222
1223
C. If the floor of the enclosure is below the BFE, the openings must be located wholly below the 1224
BFE. 1225
1226
D. If the floor of the enclosure is at or above the BFE, but below the FPG, the openings must be 1227
located wholly below the FPG; 1228
1229
E. Doors and windows do not qualify as openings; 1230
1231
F. Openings may be equipped with screens, louvers, valves or other coverings or devices provided 1232
they permit the automatic flow of floodwaters in both directions; 1233
1234
G. Openings are to be not less than 3 inches in any direction in the plane of the wall. This 1235
requirement applies to the hole in the wall, excluding any device that may be inserted such as 1236
typical foundation air vent device. 1237
1238
ii. The floor of such enclosed area must be at or above grade on at least one side. 1239
1240
1241
d. A residential structure may be constructed on fill in accordance with the following 1242
1243
i. Fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum 1244
density obtainable with either the Standard or Modified Proctor Test method. The results of the 1245
test showing compliance shall be retained in the permit file; 1246
1247
ii. Fill shall extend five (5) feet beyond the foundation of the structure before sloping below the BFE; 1248
1249
iii. Fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or 1250
bulk heading. If vegetative cover is used, the slopes shall be no steeper than 3’ horizontal to 1’ 1251
vertical; 1252
1253
iv. Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties; 1254
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
30
1255
v. Fill shall be composed of clean granular or earthen material. 1256
1257
e. A residential structure may be constructed using a stem wall foundation (also called chain wall, raised-1258
slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation (also called chain 1259
wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be backfilled with compacted structural 1260
fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of 1261
construction. 1262
1263
(3) Non-Residential Construction. 1264
1265
a. New construction or substantial improvement of any non-residential structures (excludes accessory 1266
structures) shall meet provisions described in Section 5(A) and applicable general standards described in 1267
Section 5(B). 1268
1269
b. In Zone A and Zone AE, new construction, or substantial improvement of any commercial, industrial, 1270
or non-residential structure (excludes accessory structures) shall either have the lowest floor, including 1271
basement and, elevated to or above the FPG or be floodproofed to or above the FPG. Should solid 1272
foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded 1273
movements of floodwaters shall be provided in accordance with the standards of Section 5(C)(3)(c). 1274
Should fill be used to elevate a structure, the standards of Section 5(C)(3)(d) must be met. 1275
1276
c. Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade 1277
shall meet the following requirement: 1278
1279
i. Designed to preclude finished living space and designed to allow for the automatic entry and exit 1280
of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be 1281
designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. 1282
Engineered flood openings must be designed and certified by a registered design professional 1283
(requires supporting engineering certification or make/model specific ICC-ES Report), or meet the 1284
following criteria for non-engineered flood openings: 1285
1286
A. Provide a minimum of two openings on different sides of an enclosure. If more than one 1287
enclosed area is present, each must have openings on exterior walls (having a total net area of 1288
not less than one square inch for every one square foot of enclosed area); 1289
1290
B. The bottom of all openings shall be no more than one foot above the higher of the final interior 1291
grade (or floor) and the finished exterior grade immediately under each opening; 1292
1293
C. Doors and windows do not qualify as openings; 1294
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
31
D. Openings may be equipped with screens, louvers, valves or other coverings or devices 1295
provided they permit the automatic flow of floodwaters in both directions; 1296
1297
E. Openings are to be not less than 3 inches in any direction in the plane of the wall. This 1298
requirement applies to the hole in the wall, excluding any device that may be inserted such as 1299
typical foundation air vent device. 1300
1301
ii. The floor of such enclosed area must be at or above grade on at least one side. 1302
1303
d. A nonresidential structure may be constructed on fill in accordance with the following: 1304
1305
i. Shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum 1306
density obtainable with either the Standard or Modified Proctor Test method. The results of the 1307
test showing compliance shall be retained in the permit file; 1308
1309
ii. Shall extend five (5) feet beyond the foundation of the structure before sloping below the BFE; 1310
1311
iii. Shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk 1312
heading. If vegetative cover is used, the slopes shall be no steeper than 3’ horizontal to 1’ vertical; 1313
1314
iv. Shall not adversely affect the flow of surface drainage from or onto neighboring properties; 1315
1316
v. Shall be composed of clean granular or earthen material. 1317
1318
e. A nonresidential structure may be floodproofed in accordance with the following: 1319
1320
i. A Registered Professional Engineer or Architect shall certify that the structure has been designed 1321
so that below the FPG, the structure and attendant utility facilities are watertight and capable of 1322
resisting the effects of the regulatory flood. The structure design shall take into account flood 1323
velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such 1324
certification shall be provided to the Floodplain Administrator. 1325
1326
ii. Floodproofing measures shall be operable without human intervention and without an outside 1327
source of electricity. 1328
1329
f. A nonresidential structure may be constructed using a stem wall foundation (also called chain wall, 1330
raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation must be 1331
backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood 1332
openings are required for this type of construction. 1333
1334
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
32
(4) Manufactured Homes and Recreational Vehicles. 1335
1336
a) These requirements apply to all manufactured homes to be placed on a site in the SFHA: 1337
1338
i. The manufactured home shall be elevated on a permanent foundation such that the lowest floor 1339
shall be at or above the FPG and securely anchored to an adequately anchored foundation system 1340
to resist flotation, collapse, and lateral movement. 1341
1342
ii. Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be 1343
designed to preclude finished living space and designed to allow for the entry and exit of 1344
floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for 1345
elevated structures in Article 5, Section C (2) (c). 1346
1347
iii. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home 1348
are not required to have openings. 1349
1350
b) Recreational vehicles placed on a site in the SFHA shall either: 1351
1352
i. Be on site for less than 180 days and be fully licensed and ready for use on a public highway 1353
(defined as being on its wheels or jacking system, is attached to the site only by quick disconnect 1354
type utilities and security devices, and has no permanently attached additions), or 1355
1356
ii. Meet the requirements for “manufactured homes” as stated earlier in this section. 1357
1358
(5) Accessory Structures 1359
1360
Within SFHAs, new construction or placement of an accessory structure must meet the following standards: 1361
1362
a. Shall have a floor area of 400 square feet or less; 1363
1364
b. Use shall be limited to parking of vehicles and limited storage; 1365
1366
c. Shall not be used for human habitation; 1367
1368
d. Shall be constructed of flood resistant materials; 1369
1370
e. Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters; 1371
1372
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
33
f. Shall be firmly anchored to prevent flotation; 1373
1374
g. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above 1375
the FPG; 1376
1377
h. Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic 1378
flood forces on exterior walls as required for elevated structures in Section 5(C)(3)(c) and, 1379
1380
i. Shall not have subsequent additions or improvements that would preclude the structure from its continued 1381
designation as an accessory structure. 1382
1383
(6) Free-standing Pavilions, Gazebos, Decks, Carports, and Similar Development. 1384
1385
Within SFHAs, new construction or placement of free-standing pavilions, gazebos, decks, carports, and 1386
similar development must meet the following standards: 1387
1388
a. Shall have open sides (having not more than one rigid wall); 1389
1390
b. Shall be anchored to prevent flotation or lateral movement; 1391
1392
c. Shall be constructed of flood resistant materials below the FPG; 1393
1394
d. Any electrical, heating, plumbing and other service facilities shall be located at/above the FPG; 1395
1396
e. Shall not have subsequent additions or improvements that would preclude the development from its 1397
continued designation as a free-standing pavilion, gazebo, carport, or similar open-sided development. 1398
1399
1400
(7) Above Ground Gas or Liquid Storage Tanks. 1401
1402
Within SFHAs, all newly placed aboveground gas or liquid storage tanks shall meet the requirements for a non -1403
residential structure as required in Section 5(C)(3). 1404
1405
1406
D. Standards for Subdivision and Other New Developments 1407
1408
(1) All subdivision proposals and all other proposed new development shall be consistent with the need to minimize 1409
flood damage. 1410
1411
(2) All subdivision proposals and all other proposed new development shall have public utilities and facilities such 1412
as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 1413
1414
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
34
(3) All subdivision proposals and all other proposed new development shall have adequate drainage provided to 1415
reduce exposure to flood hazards. 1416
1417
(4) In all areas of special flood hazard where base flood elevation data area not available, the applicant shall provide 1418
a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals 1419
and all other proposed new development (including manufactured home parks and subdivisions), which is greater 1420
than the lesser of fifty (50) lots or five (5) acres, whichever is less. 1421
1422
(5) All subdivision proposals shall minimize development in the SFHA and/or limit density of development 1423
permitted in the SFHA. 1424
1425
(6) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially 1426
emergency responders). 1427
1428
(7) Streets, blocks lots, parks and other public grounds shall be located and laid out in such a manner as to preserve 1429
and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or 1430
other public grounds. 1431
1432
F. Standards for Critical Facilities 1433
1434
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. 1435
Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. 1436
Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above th e FPG at the site. 1437
Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released 1438
into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the exte nt 1439
possible.” 1440
1441
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 1442
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 1443
repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 1444
ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to 1445
the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties 1446
shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been 1447
adopted. 1448
1449
Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of 1450
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 1451
so long as enforcement of same can be given the same effect. 1452
1453
Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and 1454
signing by the Mayor and such publication as required by law. 1455
1456
1457
1458
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/10/23 at 12:44 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for
legal sufficiency or otherwise.
35
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2023, 1459
by a vote of _____ ayes and _____ nays. 1460
1461
COMMON COUNCIL FOR THE CITY OF CARMEL 1462
1463
1464
___________________________________ 1465
Jeff Worrell, President Laura Campbell, Vice-President 1466
1467
___________________________________ ____________________________________ 1468
Kevin Rider Sue Finkam 1469
1470
___________________________________ ____________________________________ 1471
Anthony Green Adam Aasen 1472
1473
___________________________________ ___________________________________ 1474
Tim Hannon Miles Nelson 1475
1476
___________________________________ 1477
Teresa Ayers 1478
1479
ATTEST: 1480
1481
__________________________________ 1482
Sue Wolfgang, Clerk 1483
1484
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 1485
_________________________ 2023, at _______ __.M. 1486
1487
____________________________________ 1488
Sue Wolfgang, Clerk 1489
1490
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 1491
________________________ 2023, at _______ __.M. 1492
1493
____________________________________ 1494
James Brainard, Mayor 1495
ATTEST: 1496
1497
___________________________________ 1498
Sue Wolfgang, Clerk 1499
1500