HomeMy WebLinkAboutPacket for CC 04-17-23
MEMORANDUM
Date: March 31, 2023
To: Carmel City Council
From: Adrienne Keeling
Re: Ordinance Z-682-23
Flood Damage Prevention Ordinance
Forwarded with a favorable recommendation from Carmel Plan Commission:
Ordinance Z-682-23 (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.
Benefits of Adoption:
The adoption of this model ordinance will allow Carmel to continue to participate in two important federal
programs:
1. National Flood Insurance Program (NFIP). The NFIP is managed by the Federal Emergency
Management Agency (FEMA) and makes flood insurance available to only those communities who adopt
and enforce floodplain management regulations to help mitigate the effects of flooding.
At last check there were 375 buildings within flood zones in Carmel. Without Carmel’s participation in the
NFIP, those buildings (and their contents) would be ineligible for flood insurance.
2. Community Rating System (CRS), a voluntary incentive program, also managed by FEMA, that
recognizes and encourages floodplain management practices that exceed the minimum requirements of the
NFIP. Because of Carmel’s participation in the Community Rating System program since 2019, Carmel
residents and businesses receive discounted flood insurance premium rates reflecting the reduced flood risk
resulting from efforts that address the three goals of the program:
− Reduce and avoid flood damage to insurable property
− Strengthen and support the insurance aspects of the National Flood Insurance Program
− Foster comprehensive floodplain management
While we don’t know how many flood insurance policies are in Carmel, the City does carry flood insurance
on various lift stations and other properties in floodplains. All policies are automatically discounted based
on Carmel’s participation in the CRS program.
Links to helpful resources:
1. The existing Flood Hazard Areas Ordinance was adopted by Council Ordinance Z-592-14.
2. Flood Areas in Carmel can be viewed on the GIS Viewer by clicking on “FEMA GIS Layers” in the Layer
List panel. For reference, Flood Areas are generally associated with waterways such as White River, Cool
Creek, Williams Creek, Long Branch, etc.
Plan Commission Overview:
The Department gave an overview of the ordinance as well as the importance of Carmel’s continued
participation in the National Flood Insurance Program. There were a few questions pertaining to the extent of
floodplains in Carmel, as well as any major revisions from the 2014 ordinance. There were no comments from
the public. The Plan Commission voted to send this proposal to City Council with a favorable recommendation.
The information in this packet is arranged in the following order:
1. Proposed Ordinance Z-682-23
2. Plan Commission Certification (expires June 26, 2023)
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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-682-23 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 Plan Commission has reviewed the new model Flood Damage Prevention 24
Ordinance and has forwarded it to the Council with a Favorable Recommendation; and 25
26
WHEREAS, the Council, in the best interest of the citizens of Carmel, now desires and proposes 27
to repeal the 2014 Flood Damage Prevention Ordinance and adopt the new model ordinance. 28
29
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 30
Indiana, as follows: 31
32
Section 1. The foregoing Recitals are incorporated herein by this reference. 33
34
Section 2. Chapter 10, Article 5 of the Carmel City Code is hereby repealed in its entirety and 35
replaced as follows: 36
37
“CITY OF CARMEL FLOOD DAMAGE PREVENTION ORDINANCE 38
39
40
Section 1. Statutory Authorization, Findings of Fact, Purpose, and Methods 41
42
A. Statutory Authorization 43
44
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
The Indiana Legislature has in Indiana Code 36-7-4 granted the power to local government units to control land use 45
within their jurisdictions. Therefore, the Common Council of the City of Carmel does hereby adopt the following 46
floodplain management regulations. 47
48
B. Findings of Fact 49
50
The flood hazard areas of the City of Carmel are subject to periodic inundation which results in loss of life and 51
property, health and safety hazards, disruption of commerce and governmental services, extraordin ary public 52
expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public 53
health, safety, and general welfare. Additionally, structures that are inadequately elevated, floodproofed, or otherwise 54
protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and 55
to achieve the purposes hereinafter set forth, these regulations are adopted. 56
57
C. Statement of Purpose 58
59
It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public 60
and private losses due to flood conditions in specific areas by provisions designed to: 61
62
(1) Protect human life and health; 63
64
(2) Minimize expenditure of public money for costly flood control projects; 65
66
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the 67
expense of the general public; 68
69
(4) Minimize prolonged business interruptions; 70
71
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer 72
lines, streets, and bridges located in floodplains; 73
74
(6) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such 75
a manner as to minimize flood blight area; 76
77
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; 78
79
(8) Minimize the impact of development on adjacent properties within and near flood prone areas; 80
81
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained; 82
83
(10) Minimize the impact of development on the natural, beneficial values of the floodplain; 84
85
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and 86
87
(12) Meet community participation requirements of the National Flood Insurance Program. 88
89
D. Methods of Reducing Flood Loss 90
91
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
In order to accomplish its purposes, these regulations include methods and provisions for: 92
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water 93
hazards, or which result in damaging increases in flood heights or velocities; 94
95
(2) Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected 96
against flood damage at the time of initial construction; 97
98
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, 99
which help accommodate or channel flood waters; 100
101
(4) Controlling filling, grading, dredging, excavating, and other development which may increase 102
flood damage; and, 103
104
(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, 105
waters or which may increase flood hazards in other areas. 106
107
Section 2. Definitions 108
109
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them 110
meaning they have in common usage and to give these regulations the most reasonable application. 111
112
Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, 113
channelization, or change in cross-sectional area of the channel or the channel capacity, or any other modification 114
which may alter, impede, retard or change the direction and/or velocity of the flow of water during conditions of the 115
base flood. 116
117
Accessory Structure means a structure with a floor area of 400 square feet or less that is on the same parcel of 118
property as a principal structure and the use of which is incidental to the use of the principal structure; an accessory 119
structure specifically excludes structures used for human habitation. 120
121
(1) Accessory structures are considered walled and roofed where the structure includes at least two outside rigid 122
walls and a fully secured roof. 123
124
(2) Examples of accessory structures include but are not necessarily limited to two-car detached garages (or 125
smaller), carports, storage and tool sheds, and small boathouses. 126
127
(3) The following may have uses that are incidental or accessory to the principal structure on a parcel but are 128
generally not considered to be accessory structures by the NFIP: 129
130
a. Structures in which any portion is used for human habitation, whether as a permanent residence or as 131
temporary or seasonal living quarters, such as a detached garage or carriage house that includes an 132
apartment or guest quarters, or a detached guest house on the same parcel as a principal residence; 133
134
b. Structures used by the public, such as a place of employment or entertainment; and, 135
136
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
c. Development that does not meet the NFIP definition of a structure for floodplain management purposes. 137
Examples includes, but are not necessarily limited to, a gazebo, pavilion, picnic shelter, or carport that is 138
open on all sides (roofed but not walled). 139
140
Addition (to an existing structure) means any walled and roofed expansion to the perimeter of a structure in which 141
the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, 142
which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction. 143
144
Appeal means a request for a review of the floodplain administrator’s interpretation of any provision of this 145
ordinance, a request for a variance, or a challenge of a board decision. 146
147
Area of special flood hazard is the land within a community subject to a one percent (1%) or greater chance of being 148
flooded in any given year. 149
150
Base flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. The 151
base flood may also be referred to as the 1% annual chance flood or one hundred (100) year flood. 152
153
Base Flood Elevation (BFE) means the water surface elevation of the base flood in relation to a specified datum, 154
usually the North American Vertical Datum of 1988. 155
156
Basement means that portion of a structure having its floor sub-grade (below ground level) on all sides. 157
158
Best Available Flood Layer (BAFL) means floodplain studies and any corresponding floodplain maps prepared 159
and/or approved by the Indiana Department of Natural Resources which provide base flood elevation information, 160
floodplain limits, and/or floodway delineations for flood hazards identified by approximate studies on the currently 161
effective FIRM (Zone A) and/or for wat erways where the flood hazard is not identified on available floodplain 162
mapping. 163
164
Building – See "Structure." 165
166
Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the areas 167
within its jurisdiction. 168
169
Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities 170
include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, 171
and installations which produce, use or store hazardous materials or hazardous waste. 172
173
Development means, for floodplain management purposes, any man-made change to improved or unimproved real 174
estate including but not limited to: 175
(1) construction, reconstruction, or placement of a structure or any addition to a structure; 176
177
(2) installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational 178
vehicle on a site for more than 180 days; 179
180
(3) installing utilities, erection of walls and fences, construction of roads, or similar projects; 181
182
(4) construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; 183
184
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
(5) mining, dredging, filling, grading, excavation, or drilling operations; 185
186
(6) construction and/or reconstruction of boat lifts, docks, piers, and seawalls; 187
188
(7) construction and/or reconstruction of, bridges or culverts; 189
190
(8) storage of materials; or 191
192
(9) any other activity that might change the direction, height, or velocity of flood or surface waters. 193
194
"Development" does not include activities such as the maintenance of existing structures and facilities such as 195
painting; re-roofing; resurfacing roads; or, gardening, plowing, and similar agricultural practices that do not 196
involve filling, grading, excavation, or the construction of permanent structures. 197
198
Elevation Certificate means a FEMA form that is routinely reviewed and approved by the White House Office of 199
Management and Budget under the Paperwork Reduction Act, that is encouraged to be used to collect certified 200
elevation information. 201
202
Enclosed area (enclosure) is an area of a structure enclosed by walls on all sides. 203
204
Enclosure below the lowest floor. See “Lowest Floor” and “Enclosed Area.” 205
206
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the 207
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a 208
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete 209
pads) is completed before the effective date of the community’s first floodplain ordinance. 210
211
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by 212
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the 213
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 214
215
FEMA means the Federal Emergency Management Agency. 216
217
Fill for floodplain management purposes, means any material deposited or placed which has the effect of raising the 218
level of the ground surface above the natural grade elevation. Fill material includes but is not limited to consolidated 219
material such as concrete and brick and unconsolidated material such as soil, sand, gravel, and stone. 220
221
Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land 222
areas from: 223
224
(1) The overflow of inland or tidal waters. 225
226
(2) The unusual and rapid accumulation or runoff of surface waters from any source. 227
228
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and 229
flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and 230
deposited along the path of the current. 231
232
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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 or flooding also includes the collapse or subsidence of land along the shore of a lake or similar body of water 233
as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical levels that 234
result in a flood as defined above. 235
236
Flood hazard area means areas subject to the one percent (1%) annual chance flood. (See “Special Flood Hazard 237
Area”) 238
239
Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has delineated both 240
the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that h as been 241
made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 242
243
Flood Insurance Study (FIS) means the official hydraulic and hydrologic report provided by FEMA. The report 244
contains flood profiles, as well as the FIRM and the water surface elevation of the base flood. 245
246
Flood prone area means any land area acknowledged by a community as being susceptible to inundation by water 247
from any source. (See “Floodplain”) 248
249
Flood Protection Grade (FPG) is the BFE plus two (2) feet at any given location in the SFHA. (See “Freeboard”) 250
251
Floodplain or flood prone area means any land area susceptible to being inundated by water from any source. (See 252
“Flood”) 253
254
Floodplain management means the operation of an overall program of corrective and preventive measures for 255
reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including 256
but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open 257
space plans. 258
259
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health 260
regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control 261
ordinance), and other applications of police power which control development in flood -prone areas. The term 262
describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood 263
damage prevention and reduction. 264
265
Floodproofing (dry floodproofing) is a method of protecting a structure that ensures that the structure, together with 266
attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are 267
substantially impermeable to the passage of water. All structural components of these walls are capable of resisting 268
hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces. 269
270
Floodproofing certificate is a form used to certify compliance for non-residential structures as an alternative to 271
elevating structures to or above the FPG. 272
273
Floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to 274
discharge the base flood without cumulative increasing the water surface elevation more than a designated height. 275
276
Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of 277
floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights 278
greater than those calculated for the base flood. 279
280
Fringe or Flood Fringe is the portion of the floodplain lying outside the floodway. 281
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
282
Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried 283
out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the 284
loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-285
term storage or related manufacturing facilities. 286
287
Hardship (as related to variances of this ordinance) means the exceptional hardship that would result from a failure 288
to grant the requested variance. The City of Carmel Board of Zoning Appeals requires that the variance is exceptional, 289
unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. 290
Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s 291
neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved 292
through other means without granting a variance, even if the alternative is more expensive, or requires the property 293
owner to build elsewhere or put the parcel to a different use than originally intended. 294
295
Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, 296
next to the proposed walls of a structure. 297
298
Historic structure means any structure that is: 299
300
(1) listed individually in the National Register of Historic Places (a listing maintained by the Department of 301
the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for 302
individual listing on the National Register; 303
304
(2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical 305
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify 306
as a registered historic district; 307
308
(3) individually listed on a state inventory of historic places in states with historic preservation programs which 309
have been approved by the Secretary of the Interior; or 310
311
(4) individually listed on a local inventory of historic places in communities with historic preservation 312
programs that have been certified by (a) an approved state program as determined by the Secretary of 313
Interior, or (b) directly by the Secretary of Interior in states without approved programs. 314
315
Hydrologic and hydraulic engineering analysis means analyses performed by a professional engineer licensed by 316
the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana Department 317
of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway 318
information and boundaries, and flood profiles. 319
320
International Code Council-Evaluation Service (ICC-ES) Report means a document that presents the findings, 321
conclusions, and recommendations from a particular evaluation. ICC-ES reports provide information about what 322
code requirements or acceptance criteria were used to evaluate a product, and how the product should be identified, 323
installed. 324
325
Letter of Final Determination (LFD) means a letter issued by FEMA during the mapping update process which 326
establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the 327
six-month adoption period. The community must adopt or amend its floodplain management regulations during this 328
six-month period unless the community has previously incorporated an automatic adoption clause. 329
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
Letter of Map Change (LOMC) is a general term used to refer to the several types of revisions and amendments to 331
FEMA maps that can be accomplished by letter. They are broken down into the following categories: 332
333
(1) Conditional Letter of Map Revision (CLOMR) means FEMA’s comment on a proposed project that 334
would, upon construction, result in modification of the SFHA through the placement of fill outside the 335
existing regulatory floodway. 336
337
(2) Conditional Letter of Map Revision Based on Fill (CLOMR-F) means a letter from FEMA stating that a 338
proposed structure that will be elevated by fill would not be inundated by the base flood. 339
340
(3) Letter of Map Amendment (LOMA) means an amendment by letter to the currently effective FEMA map 341
that establishes that a building or of land is not located in a SFHA through the submittal of property specific 342
elevation data. A LOMA is only issued by FEMA. 343
344
(4) Letter of Map Amendment Out as Shown (LOMA-OAS) means an official determination by FEMA that 345
states the property or building is correctly shown outside the SFHA as shown on an effective NFIP map. 346
Therefore, the mandatory flood insurance requirement does not apply. An out-as-shown determination does 347
not require elevations. 348
349
(5) Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map. It is 350
issued by FEMA and changes flood zones, delineations, and elevations. 351
352
(6) Letter of Map Revision Based on Fill (LOMR-F) Letter of Map Revision Based on Fill (LOMR-F) 353
means FEMA’s modification of the SFHA shown on the FIRM based on the placement of fill outside the 354
existing regulatory floodway. 355
356
Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, 357
deck support, or basement entryway immediately next to the structure. 358
359
Lowest floor means, for floodplain management purposes, the lowest elevation described among the following: 360
(1) The lowest floor of a building. 361
362
(2) The basement floor. 363
364
(3) The garage floor if the garage is connected to the building. 365
366
(4) The first floor of a structure elevated on pilings or pillars. 367
368
(5) The floor level of any enclosure, other than a basement, below an elevated structure where the walls of 369
the enclosure provide any resistance to the flow of floodwaters. Designs for meeting the flood opening 370
requirement must either be certified by a registered professional engineer or architect or meet or exceed 371
the following criteria: 372
373
a. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing 374
for the entry and exit of floodwaters. 375
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
376
b. At least two (2) openings are designed and maintained for the entry and exit of floodwater; and these 377
openings provide a total net area of at least one (1) square inch for every one (1) square foot of 378
enclosed area. The bottom of all such openings shall be no higher than one (1) foot above the exterior 379
grade or the interior grade immediately beneath each opening, whichever is higher. Doorways and 380
windows do not qualify as openings. 381
382
(6) The first floor of a building elevated on pilings or columns in a coastal high hazard area (as that term is 383
defined in 44 CFR 59.1), as long as it meets the requirements of 44 CFR 60.3. 384
385
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis 386
and is designed for use with or without a permanent foundation when attached to the required utilities. The term 387
"manufactured home" does not include a "recreational vehicle." 388
389
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more 390
manufactured home lots for rent or sale. 391
392
Mitigation means sustained actions taken to reduce or eliminate long-term risk to people and property from hazards 393
and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of 394
disaster response and recovery. 395
396
Natural grade for floodplain management purposes means the elevation of the undisturbed natural surface of the 397
ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also considered 398
natural grade. 399
400
New construction for floodplain management purposes means any structure for which the “start of construction” 401
commenced on or after the effective date of a floodplain management regulations adopted by a community and 402
includes any subsequent improvements to such structures. 403
New manufactured home park or subdivision means a manufactured home park or subdivision for which the 404
construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a 405
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete 406
pads) is completed on or after the effective date of the community’s first floodplain ordinance. 407
408
North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used as a 409
reference for establishing varying elevations within the floodplain. 410
411
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, 412
excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, ref use, fill, structure, vegetation, 413
or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the 414
direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collec t debris carried by 415
the flow of water, or its likelihood of being carried downstream. 416
417
One-percent annual chance flood is the flood that has a one percent (1%) chance of being equaled or exceeded in 418
any given year. See “Regulatory Flood”. 419
420
Physical Map Revision (PMR) is an official republication of a community’s FEMA map to effect changes to base (1-421
percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric 422
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
features. These changes typically occur as a result of structural works or improvements, annexations resulting in 423
additional flood hazard areas, or correction to base flood elevations or SFHAs. 424
425
Prefabricated Building is a building that is manufactured and constructed using prefabrication. It consists of factory-426
made components or units that are transported and assembled on-site to form the complete building. 427
428
Principally above ground means that at least 51 percent of the actual cash value of the structure, less land value, is 429
above ground. 430
431
Recreational vehicle means a vehicle which is: 432
433
(1) built on a single chassis; 434
435
(2) 400 square feet or less when measured at the largest horizontal projections; 436
437
(3) designed to be self-propelled or permanently towable by a light duty truck; 438
439
(4) designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or 440
seasonal use. 441
442
Regulatory flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year, 443
as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural 444
Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any locati on is as 445
defined in Section 3(B) of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood”, “One-446
Percent Annual Chance Flood”, and “100-Year Flood”. 447
448
Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year 449
period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25% of 450
the market value of the structure before the damage occurred. 451
452
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. 453
454
Special Flood Hazard Area (SFHA), synonymous with “areas of special flood hazard” and floodplain, means those 455
lands within the jurisdiction of the City subject to a one percent (1%) or greater chance of flooding in any given year. 456
Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate 457
Maps, Flood Insurance Studies, as Zones A, AE, A99, or VE. The SFHA includes areas that are f lood prone and 458
designated from other federal, state or local sources of data including but not limited to best available flood layer 459
maps provided by or approved by the Indiana Department of Natural Resources, historical flood information 460
reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse. 461
462
Solid waste disposal facility means any facility involved in the storage or disposal of non-liquid, non-soluble 463
materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous 464
substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and 465
liquids and gases stored in containers. 466
467
Start of construction includes substantial improvement, and means the date the building permit was issued, 468
provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit 469
date. The actual start means either the first placement of permanent con struction of a structure on a site, such as 470
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage 471
of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include 472
land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; 473
nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor 474
does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as 475
dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means 476
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration 477
affects the external dimensions of the building. 478
479
Structure means a walled and roofed building, including a gas or liquid storage tank, which is principally above 480
ground. The term includes a manufactured home, as well as a prefabricated building. It also includes recreational 481
vehicles installed on a site for more than 180 consecutive days. 482
483
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure 484
to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the 485
damage occurred. 486
487
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, 488
the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" 489
of the improvement. This term includes structures that have incurred “repetitive loss” or “substantial damage" 490
regardless of the actual repair work performed. The term does not include improvements of structures to correct 491
existing violations of state or local health, sanitary, or safety code requirements. 492
493
Variance is a grant of relief from the requirements of this ordinance consistent with the variance conditions herein. 494
495
Violation means the failure of a structure or other development to be fully compliant with this ordinance. 496
497
Walled and roofed means a building that has two or more exterior rigid walls and a fully secured roof and is affixed 498
to a permanent site. 499
500
Watercourse means a lake, river, creek, stream, wash, channel, or other topographic feature on or over which 501
waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood 502
damage may occur. 503
504
505
506
Section 3. General Provisions 507
A. Lands to Which This Ordinance Applies 508
This ordinance shall apply to all areas of special flood hazard (SFHAs) within the jurisdiction of the City of Carmel, 509
Indiana as identified in Section 3(B), including any additional areas of special flood hazard annexed by the City of 510
Carmel, Indiana. 511
512
B. Basis for Establishing the Areas of Special Flood Hazard 513
514
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of 515
the City of Carmel, delineated as an “AE Zone” on the Hamilton County, Indiana and Incorporated Areas 516
Flood Insurance Rate Map dated November 19, 2014 shall be determined from the one-percent annual chance 517
flood profiles in the Flood Insurance Study of Hamilton County, Indiana and Incorporated Areas and the 518
corresponding Flood Insurance Rate Maps (FIRM) dated November 19, 2014 as well as any subsequent 519
updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most 520
recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a studied 521
SFHA designated as an “AE Zone”, the limits of the floodway will be according to the best available flood 522
layer as provided by the Indiana Department of Natural Resources. 523
524
(2) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of 525
the City of Carmel, delineated as an "A Zone" on the Hamilton County, Indiana and Incorporated Areas 526
Flood Insurance Rate Map, dated November 19, 2014, as well as any subsequent updates, amendments, or 527
revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be 528
according to the best available flood layer provided by the Indiana Department of Natural Resources, 529
provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party 530
disagrees with the best available flood layer data, the party needs to replace existing data with better data that 531
meets current engineering standards. To be considered, this data must be submitted to the Indiana 532
Department of Natural Resources for review and subsequently approved. 533
534
(3) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood 535
elevation, floodway, and fringe limits of any watercourse in the community’s known flood prone areas shall 536
be according to the best available flood layer as provided by the Indiana Department of Natural Resources, 537
provided the upstream drainage area from the subject site is greater than one square mile. 538
539
(4) Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not y et 540
effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing 541
all previously effective less restrictive flood hazard data provided by FEMA. 542
543
544
C. Establishment of Floodplain Development Permit 545
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the 546
commencement of any development activities in areas of special flood hazard. 547
548
549
D. Compliance 550
551
(1) No structure shall hereafter be located, extended, converted, or structurally altered within the SFHA without 552
full compliance with the terms of this ordinance and other applicable regulations. 553
554
(2) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple 555
base flood elevations, or both, the development activity must comply with the provisions of this ordinance 556
applicable to the most restrictive flood zone and the most conservative (highest) base flood elevation affecting 557
any part of the existing or proposed structure; or for other developments, affecting any part of the area of the 558
development. 559
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
560
(3) No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this 561
ordinance and other applicable regulations. 562
563
564
E. Abrogation and Greater Restrictions 565
566
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. 567
However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions 568
shall prevail. 569
570
571
F. Discrepancy between Mapped Floodplain and Actual Ground Elevations 572
573
(1) In cases where there is a discrepancy between the mapped floodplain (SFHA) with base flood elevations 574
provided (riverine or lacustrine Zone AE) on the FIRM and the actual ground elevations, the elevation 575
provided on the profiles or table of still water elevations shall govern. 576
577
(2) If the elevation of the site in question is below the base flood elevation, that site shall be included in the 578
SFHA and regulated accordingly. 579
580
(3) If the natural grade elevation of the site in question is at or above the base flood elevation and a LOMA or 581
LOMR-FW is obtained, the floodplain regulations will not be applied provided the LOMA or LOMR-FW is 582
not subsequently superseded or invalidated. 583
584
585
G. Interpretation 586
587
In the interpretation and application of this ordinance all provisions shall be: 588
589
(1) Considered as minimum requirements; 590
591
(2) Liberally construed in favor of the governing body; and 592
593
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. 594
595
596
H. Warning and Disclaimer of Liability 597
598
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is 599
based on available information derived from engineering and scientific methods of study. Larger floods can and will 600
occur on rare occasions. Therefore, this ordinance does not create any liability on the part of the City of Carmel, the 601
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on 602
this ordinance, or any administrative decision made lawfully thereunder. 603
604
605
I. Penalties for Violation 606
607
Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a 608
Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this ordinance. All 609
violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the 610
Zoning Code for the City of Carmel. All violations shall be punishable by a fine not exceeding $500.00. A separa te 611
offense shall be deemed to occur for each day the violation continues to exist. Nothing herein shall prevent the City 612
from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue 613
to the person or persons responsible. 614
615
(1) A separate offense shall be deemed to occur for each day the violation continues to exist. 616
617
(2) The City of Carmel Plan Commission shall inform the owner that any such violation is considered a willful 618
act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be 619
suspended. 620
621
(3) Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. 622
All costs connected therewith shall accrue to the person or persons responsible. 623
624
625
Section 4. Administration. 626
627
A. Designation of Administrator 628
629
The Common Council of the City of Carmel hereby appoints the Director of the Department of Community Services 630
(DOCS) to administer and implement the provisions of this ordinance and is herein referred to as the Floodplain 631
Administrator. 632
633
634
B. Floodplain Development Permit and Certification Requirements 635
636
An application for a floodplain development permit shall be made to the Floodplain Administrator for all development 637
activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such 638
application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, 639
prior to the actual commencement of such construction on a form furnished for that purpose. Such applications shall 640
include, but not be limited to plans drawn to scale showing the nature, location, dimensions, and elevations of the 641
area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, 642
and the location of the foregoing. Specifically, the following information is required: 643
644
(1) Application Stage. 645
646
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
a. A description of the proposed development; 647
648
b. Location of the proposed development sufficient to accurately locate property and structure(s) in relation 649
to existing roads and streams; 650
651
c. A legal description of the property site; 652
653
d. For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an 654
existing building, a detailed quote and description of the total work to be completed including but not 655
limited to interior work, exterior work, and labor as well as a certified valuation of the existing (pre-656
improved or pre-damaged) structure; 657
658
e. A site development plan showing existing and proposed development locations and existing and 659
proposed land grades; 660
661
f. A letter from a licensed professional surveyor or engineering noting that an elevation reference 662
benchmark has been established or confirmed for those projects requiring elevations to be met; 663
664
g. Verification that connection to either a public sewer system or to an approved on-site septic system is 665
available and approved by the respective regulatory agency for proposed structures to be equipped with 666
a restroom, kitchen or other facilities requiring disposal of wastewater. 667
668
h. Plans showing elevation of the top of the planned lowest floor (including basement) of all proposed 669
structures in Zones A, AE. Elevation should be in NAVD 88; 670
671
i. Plans showing elevation (in NAVD 88) to which any non-residential structure will be floodproofed; 672
673
j. Plans showing location and specifications for flood openings for any proposed structure with enclosed 674
areas below the flood protection grade; 675
676
k. Plans showing materials to be used below the flood protection grade for any proposed structure are flood 677
resistant; 678
679
l. Plans showing how any proposed structure will be anchored to resist flotation or collapse; 680
681
m. Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and other 682
service facilities are designed and/or located. Elevation should be in NAVD 88; 683
684
n. Description of the extent to which any watercourse will be altered or relocated as a result of proposed 685
development. A hydrologic and hydraulic engineering analysis is required, and any watercourse changes 686
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
submitted to DNR for approval. Once DNR approval is obtained, a FEMA Conditional Letter of Map 687
Revision must be obtained prior to construction. (See Article 4, Section C (8) and Article 4, Section E 688
for additional information.) 689
690
o. Any additional information, as requested by the Floodplain Administrator, which may be necessary 691
to determine the disposition of a proposed development or structure with respect to the requirements of 692
this ordinance. 693
694
(2) Construction Stage. 695
696
a. Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall be 697
the duty of the applicant to submit to the Floodplain Administrator an elevation certificate for the building 698
under construction. The Floodplain Administrator shall review the elevation certificate. Any 699
deficiencies detected during the review shall be corrected by the applicant before work is allowed to 700
continue. Failure to submit the survey or failure to make said corrections required hereby shall be cause 701
to issue a stop-work order for the project. 702
703
704
(3) Finished Construction. 705
706
a. Upon completion of construction of any structure requiring certification of elevation, an elevation 707
certificate which depicts the “as-built” lowest floor elevation and other applicable elevation data is 708
required to be submitted by the applicant to the Floodplain Administrator. The elevation certificate shall 709
be prepared by or under the direct supervision of a registered land surveyor and certified by the same. 710
711
b. Upon completion of construction of an elevated structure constructed on fill, a fill report is required to 712
be submitted to the Floodplain Administrator to verify the required standards were met, including 713
compaction. 714
715
c. Upon completion of construction of a floodproofing measure, a floodproofing certificate is required to 716
be submitted by the applicant to the Floodplain Administrator. The floodproofing certificate shall be 717
prepared by or under the direct supervision of a registered professional engineer or architect and certified 718
by same. 719
720
721
C. Duties and Responsibilities of the Floodplain Administrator 722
723
The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of 724
this ordinance. The administrator is further authorized to render interpretations of this ordinance, which are consistent 725
with its spirit and purpose. 726
727
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
Duties and Responsibilities of the Floodplain Administrator shall include, but are not limited to: 728
729
(1) Enforce the provisions of this ordinance. 730
731
(2) Evaluate application for permits to develop in special flood hazard areas to assure that the permit 732
requirements of this ordinance have been satisfied. 733
734
(3) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information. 735
736
(4) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met 737
or refuse to issue the same in the event of noncompliance. 738
739
(5) Advise permittee that additional Federal, State and/or local permits may be required. If specific Federal, State 740
and/or local permits are known, require that copies of such permits be provided and maintained on file with 741
the floodplain development permit. 742
743
(6) Conduct substantial damage determinations to determine whether existing structures, damaged from any 744
source and in special flood hazard areas identified by FEMA, must meet the development standards of these 745
regulations. 746
747
(7) For applications to improve structures, including alterations, movement, enlargement, replacement, repair, 748
change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial 749
damage, and any other improvement of or work on such buildings and structures, the Floodplain 750
Administrator shall: 751
752
a. Verify and document the market value of the pre-damaged or pre-improved structure; 753
754
b. Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre -755
damaged condition; or, the combined costs of improvements and repair, if applicable, to the market value 756
of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, 757
including work that might otherwise be considered routine maintenance. Items/activities that must be 758
included in the cost shall be in keeping with guidance published by FEMA to ensure compliance with 759
the NFIP and to avoid any conflict with future flood insurance claims of policyholders within the 760
community; 761
762
c. Determine and document whether the proposed work constitutes substantial improvement or repair of 763
substantial damage; the determination requires evaluation of previous permits issued for improvements 764
and repairs as specified in the definition of “substantial improvement’ for proposed work to repair 765
damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-766
related damage as specified in the definition of substantial damage; and 767
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
768
d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of 769
substantial damage and that compliance with the applicable general and specific standards in Section 5 770
of this ordinance are required. 771
772
(8) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a 773
watercourse and submit copies of such notifications to FEMA. 774
775
(9) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for 776
all development projects subject to Section 5(A)(1), (A)(3)(a) and (A)(4) of this ordinance. Maintain a record 777
of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory 778
assessment). 779
780
(10) Verify the upstream drainage area of any proposed development site near any watercourse not identified on 781
a FEMA map to determine if Section 4(C)(9) is applicable. 782
783
(11) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the 784
flood-carrying capacity is not diminished. 785
786
(12) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially 787
improved structures, in accordance with Section 4(B). 788
789
(13) Verify and record the actual elevation to which any new or substantially improved structures have been 790
floodproofed in accordance with Section 4(B). 791
792
(14) Make on-site inspections of projects in accordance with Section 4(D). 793
794
(15) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood -damaged 795
structure covered by a standard flood insurance policy into compliance (either a substantially damaged 796
structure or a repetitive loss structure) to ensure eligibility for ICC funds. 797
798
(16) Ensure that an approved connection to a public sewer system or an approved on-site septic system is planned 799
for any structures (residential or non-residential) to be equipped with a restroom, kitchen or other facilities 800
requiring disposal of wastewater. 801
802
(17) Provide information, testimony, or other evidence as needed during variance hearings. 803
804
(18) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance 805
with Section 4(D). 806
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
807
(19) Maintain for public inspection and furnish upon request local permit documents, damaged structure 808
inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change 809
(LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments 810
(letters of recommendation), federal permit documents, and “as-built” elevation and floodproofing data for 811
all buildings constructed subject to this ordinance in accordance with Section 4(D). 812
813
(20) Coordinate map maintenance activities and associated FEMA follow-up in accordance with Section 4(E). 814
815
(21) Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by FEMA 816
for the currently effective SFHA maps of the community. 817
818
(22) Request any additional information which may be necessary to determine the disposition of a proposed 819
development or structure with respect to the requirements of this ordinance. 820
821
822
D. Administrative Procedures 823
824
(1) Inspections of Work in Progress. As the work pursuant to a permit progresses, the floodplain administrator 825
shall make as many inspections of the work as may be necessary to ensure that the work is being done 826
according to the provisions of the local ordinance and terms of the permit. In exercising this power, the 827
administrator has a right, upon presentation of proper credential, to enter on any premises within the territorial 828
jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action. 829
830
(2) Stop Work Orders. 831
832
a. Upon notice from the floodplain administrator, work on any building, structure or premises that is being 833
done contrary to the provisions of this ordinance shall immediately cease. 834
835
b. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the 836
person doing the work, and shall state the conditions under which work may be resumed. 837
838
(3) Revocation of Permits. 839
840
a. The floodplain administrator may revoke a permit or approval, issued under the provisions of the 841
ordinance, in cases where there has been any false statement or misrepresentation as to the material fact 842
in the application or plans on which the permit or approval was based. 843
844
b. The floodplain administrator may revoke a permit upon determination by the floodplain administrator 845
that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the 846
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
structure for which the permit was issued is in violation of, or not in conformity with, the provisions of 847
this ordinance. 848
849
(4) Floodplain Management Records. 850
851
a. Regardless of any limitation on the period required for retention of public records, records of actions 852
associated with the administration of this ordinance shall be kept on file and maintained under the 853
direction of the Floodplain Administrator in perpetuity. These records include permit applications, plans, 854
certifications, Flood Insurance Rate Maps; Letter of Map Change; records of issuance of permits and 855
denial of permits; determinations of whether proposed work constitutes substantial improvement or 856
repair of substantial damage; required design certifications and documentation of elevations required by 857
this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of 858
watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; 859
documentation related to appeals and variances, including justification for issuance or denial; and records 860
of enforcement actions taken pursuant to this ordinance. 861
862
b. These records shall be available for public inspection at the Carmel City Hall located at 1 Civic Square, 863
Carmel, IN 46032. 864
865
(5) Periodic Inspection. Once a project is completed, periodic inspections may be conducted by the Floodplain 866
Administrator to ensure compliance. The Floodplain Administrator shall have a right, upon presentation of 867
proper credential, to enter on any premises within the territorial jurisdiction of the department at any 868
reasonable hour for the purposes of inspection or other enforcement action. 869
870
E. Map Maintenance Activities 871
To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the 872
City of Carmel’s flood maps, studies and other data identified in Section 3(B) accurately represent flooding conditions 873
so appropriate floodplain management criteria are based on current data, the following map maintenance activities 874
are identified: 875
(1) Requirement to Submit New Technical Data 876
877
a. For all development proposals that impact floodway delineations or base flood elevations, the community 878
shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the 879
date such information becomes available. These development proposals include: 880
881
i. Floodway encroachments that increase or decrease base flood elevations or alter floodway 882
boundaries; 883
884
ii. Fill sites to be used for the placement of proposed structures where the applicant desires to remove 885
the site from the special flood hazard area; 886
887
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
iii. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, 888
including the placement of culverts; and Subdivision or large-scale development proposals requiring 889
the establishment of base flood elevations. 890
891
b. It is the responsibility of the applicant to have required technical data for a Conditional Letter of Map 892
Revision or Letter of Map Revision and submitted to FEMA. The Indiana Department of Natural 893
Resources will review the submittals as part of a partnership with FEMA. The submittal should be mailed 894
to the Indiana Department of Natural Resources at the address provided on the FEMA form (MT-2) or 895
submitted through the online Letter of Map Change website. Submittal and processing fees for these map 896
revisions shall be the responsibility of the applicant. 897
898
c. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of 899
a floodplain development permit for proposed floodway encroachments that increase the base flood 900
elevation. 901
902
d. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the 903
applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to this 904
section. 905
906
(2) Right to Submit New Technical Data 907
The Floodplain Administrator may request changes to any of the information shown on an effective map 908
that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or 909
planimetric details. Such a submission shall include appropriate supporting documentation made in writing 910
by the Mayor of the City of Carmel and may be submitted to FEMA at any time. 911
(3) Annexation / Detachment 912
Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of 913
the City of Carmel have been modified by annexation or the community has assumed authority over an area, 914
or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In 915
order that the Hamilton County, Indiana and Incorporated Areas Flood Insurance Rate Map accurately 916
represent the City of Carmel boundaries, include within such notification a copy of a map of the City of 917
Carmel suitable for reproduction, clearly showing the new corporate limits or the new area for which the 918
City of Carmel has assumed or relinquished floodplain management regulatory authority. 919
920
F. Variance Procedures 921
(1) The City of Carmel Board of Zoning Appeals (the board) as established by the Common Council shall hear 922
and decide appeals and requests for variances from requirements of this ordinance. 923
924
(2) The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or 925
determination is made by the Floodplain Administrator in the enforcement or administration of this 926
ordinance. Any person aggrieved by the decision of the board may appeal such decision to the Hamilton 927
County Indiana Circuit or Superior Courts. 928
929
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
(3) In considering such applications, the board shall consider all technical evaluations, all relevant factors, all 930
standards specified in other sections of this ordinance, and: 931
932
a. the danger to life and property due to flooding or erosion damage; 933
934
b. the danger that materials may be swept onto other lands to the injury of others; 935
936
c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage 937
on the individual owner; 938
939
d. the importance of the services provided by the proposed facility to the community; 940
941
e. the necessity to the facility of a waterfront location, where applicable; 942
943
f. the compatibility of the proposed use with existing and anticipated development; 944
945
g. the availability of alternative locations for the proposed use which are not subject to flooding or erosion 946
damage; 947
948
h. the safety of access to the property in times of flood for ordinary and emergency vehicles; 949
950
i. the expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the 951
site; and, 952
953
j. the costs of providing governmental services during and after flood conditions, including maintenance 954
and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets 955
and bridges. 956
957
(4) A written report addressing each of the above factors shall be submitted with the application for a variance. 958
959
(5) Variances from the provisions of this ordinance shall only be granted when the board can make positive 960
findings of fact based on evidence submitted at the hearing for the following: 961
962
a. A showing of good and sufficient cause. 963
964
b. A determination that failure to grant the variance would result in exceptional hardship as defined in 965
Section 2. 966
967
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
c. A determination that the granting of a variance will not result in increased flood heights, additional threats 968
to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the 969
public, or conflict with existing laws or ordinances. 970
971
(6) No variance for a residential use within a floodway subject to Section 5(A)(1), (A)(3)(a) or (A)(4) of this 972
ordinance may be granted. 973
974
(7) Any variance granted in a floodway subject to Section 5(A)(1), (A)(3)(a) or (A)(4) will require a permit from 975
the Indiana Department of Natural Resources. Variances shall not be issued within any designated regulatory 976
floodway if any increase in flood levels during the base flood discharge would result. 977
978
(8) Variances to the Provisions for Flood Hazard Reduction of Section 5 may be granted only when a new 979
structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with 980
existing structures constructed below the flood protection grade. 981
982
(9) Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the 983
proposed repair or rehabilitation will not preclude the structure’s continued designation as an “historic 984
structure” and the variance is the minimum to preserve the historic character and design of the structure. 985
986
(10) Variances may be issued for new construction, substantial improvements, and other development necessary 987
for the conduct of a functionally dependent use. 988
989
(11) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering 990
the flood hazard, to afford relief. 991
992
(12) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach 993
such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. 994
995
(13) Any applicant to whom a variance is granted shall be given written notice specifying the difference between 996
the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost 997
of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor 998
elevation. 999
1000
(14) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the 1001
Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request. 1002
1003
1004
Section 5. Provisions for Flood Hazard Reduction 1005
1006
A. Floodplain Status Standards 1007
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
1008
(1) Floodways (Riverine) 1009
1010
Located within SFHAs, established in Section 3(B), are areas designated as floodways. The floodway is an 1011
extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and 1012
has erosion potential. Under the provisions of the Flood Control Act (IC 14-28-1) a permit for construction 1013
in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local 1014
building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. 1015
This includes land preparation activities such as filling, grading, clearing, and paving undertaken before the 1016
actual start of construction of the structure. General licenses and exemptions to the requirements of the Flood 1017
Control Act (IC 14-28-1 and 312 IAC 10) may apply to qualified additions/improvements to existing lawful 1018
residential structures, rural bridges, logjam removals, wetland restoration, utility line crossings, outfall 1019
projects, creek rock removal, and prospecting. 1020
1021
a. If the site is in a regulatory floodway as established in Section 3(B), the Floodplain Administrator shall 1022
require the applicant to forward the application, along with all pertinent plans and specifications, to the 1023
Indiana Department of Natural Resources and apply for approval for construction in a floodway, provided 1024
the activity does not qualify for a general license or exemption (IC 14-28-1 or 312 IAC 10). 1025
1026
b. No action shall be taken by the Floodplain Administrator until approval has been granted by the Indiana 1027
Department of Natural Resources for construction in the floodway, or evidence provided by an applicant 1028
that the development meets specified criteria to qualify for a general license or exemption to the 1029
requirement of the Flood Control Act. The Floodplain Development Permit shall meet the provisions 1030
contained in this article. 1031
1032
c. The Floodplain Development Permit cannot be less restrictive than an approval issued for construction 1033
in a floodway issued by the Indiana Department of Natural Resources, or the specified criteria used to 1034
qualify for a general license or exemption to the Flood Control Act for a specific site/project. However, 1035
a community’s more restrictive regulations (if any) shall take precedence. 1036
1037
d. In floodway areas identified on the FIRM, development shall cause no increase in flood levels during the 1038
occurrence of the base flood discharge without first obtaining a Conditional Letter of Map Revision and 1039
meeting requirements of Section 4(E)(1). A Conditional Letter of Map Revision cannot be issued for 1040
development that would cause an increase in flood levels affecting a struct ure and such development 1041
should not be permitted. 1042
1043
e. In floodway areas identified by the Indiana Department of Natural Resources through detailed or 1044
approximate studies but not yet identified on the effective FIRM as floodway areas, the total cumulative 1045
effect of the proposed development, when combined with all other existing and anticipated development, 1046
shall not adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse 1047
effect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) 1048
of a foot as determined by comparing the regulatory flood elevation under the project condition to that 1049
under the natural or pre-floodway condition as proven with hydraulic analyses. 1050
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
1051
f. For all projects involving channel modifications or fill (including levees) the city shall submit the data 1052
and request that the Federal Emergency Management Agency revise the regulatory flood data per 1053
mapping standard regulations found at 44 CFR § 65.12. 1054
1055
(2) Fringe (Riverine) 1056
1057
If the site is in the fringe (either identified on the FIRM or identified by the Indiana Department of Natural 1058
Resources through detailed or approximate studies and not identified on a FIRM), the Floodplain 1059
Administrator may issue the local Floodplain Development Permit provided the provisions contained in this 1060
article have been met. 1061
1062
(3) SFHAs without Established Base Flood Elevation and/or Floodways/Fringes (Riverine) 1063
1064
a. Drainage area upstream of the site is greater than one square mile: 1065
1066
If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been 1067
determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain 1068
Administrator shall require the applicant to forward the application, along with all pertinent plans and 1069
specifications, to the Indiana Department of Natural Resources for review and comment. 1070
1071
No action shall be taken by the Floodplain Administrator until written approval from the Indiana 1072
Department of Natural Resources (approval for construction in a floodway, letter of authorization, or 1073
evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-1074
percent annual chance flood elevation and the recommended Flood Protection Grade has been received 1075
from the Indiana Department of Natural Resources. 1076
1077
Once the Floodplain Administrator has received the proper written approval, evidence of general license 1078
qualification, or floodplain analysis/regulatory assessment approving the proposed development from the 1079
Indiana Department of Natural Resources, a Floodplain Development Permit may be issued, provided 1080
the conditions of the Floodplain Development Permit are not less restrictive than the conditions received 1081
from the Indiana Department of Natural Resources and the provisions contained in this section have been 1082
met. 1083
1084
b. Drainage area upstream of the site is less than one square mile: 1085
1086
If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been 1087
determined and the drainage area upstream of the site is less than one square mile, the Floodplain 1088
Administrator shall require the applicant to provide an engineering analysis showing the limits of the 1089
floodplain and one-percent annual chance flood elevation for the site. 1090
1091
Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, 1092
provided the provisions contained in this article have been met. 1093
1094
1095
1096
1097
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
1098
(4) SFHAs not Identified on a Map 1099
1100
a. If a proposed development site is near a waterway with no SFHA identified on a map, the Floodplain 1101
Administrator shall verify the drainage area upstream of the site. If the drainage area upstream of the 1102
site is verified as being greater than one square mile, the Floodplain Administrator shall require the 1103
applicant to forward the application, along with all pertinent plans and specifications, to the Indiana 1104
Department of Natural Resources for review and comment. 1105
1106
b. No action shall be taken by the Floodplain Administrator until written approval from the Indiana 1107
Department of Natural Resources (approval for construction in a floodway, letter of authorization, or 1108
evidence of general license qualification) or a floodplain analysis/regulatory assessment citi ng the one-1109
percent annual chance flood elevation and the recommended Flood Protection Grade has been received 1110
from the Indiana Department of Natural Resources. 1111
1112
c. Once the Floodplain Administrator has received the proper written approval, evidence of general license 1113
qualification, or floodplain analysis/regulatory assessment approving the proposed development from 1114
the Indiana Department of Natural Resources, a Floodplain Development Permit may be issued, provided 1115
the conditions of the Floodplain Development Permit are not less restrictive than the conditions received 1116
from the Indiana Department of Natural Resources and the provisions contained in this article have been 1117
met. 1118
B. General Standards 1119
In all areas of special flood hazard, the following provisions are required: 1120
(1) All new construction, reconstruction or repairs made to a repetitive loss structure (optional), and 1121
substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; 1122
1123
(2) New construction and substantial improvements shall be constructed with materials and utility equipment 1124
resistant to flood damage below the FPG; 1125
1126
(3) New construction and substantial improvements must incorporate methods and practices that minimize flood 1127
damage; 1128
1129
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be 1130
located at/above the FPG for residential structures. Electrical, heating, ventilation, plumbing, air 1131
conditioning equipment, and other service facilities shall be located at/above the FPG or designed so as to 1132
prevent water from entering or accumulating within the components below the FPG for non-residential 1133
structures. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other 1134
waterproofed service facilities may be located below the FPG; 1135
1136
(5) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of 1137
floodwaters into the system; 1138
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
1139
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of 1140
floodwaters into the system; 1141
1142
(7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination 1143
from them during flooding; 1144
1145
(8) Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions 1146
of this ordinance shall meet the requirements of “new construction” as contained in this ordinance; 1147
1148
(9) Base flood elevation data shall be provided for subdivision proposals and other proposed development 1149
(including manufactured home parks and subdivisions), which is greater than the lesser of fifty (50) lots or 1150
five (5) acres; 1151
1152
(10) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple 1153
base flood elevations, or both, the development activity must comply with the provisions of this ordinance 1154
applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the 1155
existing or proposed structure; or for other developments, affecting any part of the area of the development. 1156
1157
(11) Fill projects that do not involve a structure must be protected against erosion and scour during flooding 1158
by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper 1159
than 3’ horizontal to 1’ vertical. 1160
1161
(12) Non-conversion agreements shall be required for all new or substantially improved elevated structures with 1162
an enclosure beneath the elevated floor, accessory structures, and open-sided shelters. 1163
1164
(13) Construction of new solid waste disposal facilities, hazard waste management facilities, salvage yards, and 1165
chemical storage facilities shall not be permitted in areas of special flood hazard; and 1166
1167
C. Specific Standards 1168
In all areas of special flood hazard where base flood elevation data or flood depths have been provided, as set forth 1169
in Section 3(B), the following provisions are required: 1170
(1) Building Protection Requirement. In addition to the general standards described in Section 5(B), structures 1171
to be located in the SFHA shall be protected from flood damage below the FPG. This building protection 1172
requirement applies to the following situations: 1173
1174
a. Construction or placement of a residential structure; 1175
1176
b. Construction or placement of a non-residential structure; 1177
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
1178
c. Addition or improvement made to an existing structure where the cost of the addition or improvement 1179
equals or exceeds 50% of the value of the existing structure (excluding the value of the land). An addition 1180
and/or improvement project that is continuous in scope or time is considered as one project for permitting 1181
purposes; 1182
1183
d. Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its 1184
before damaged condition equals or exceeds 50% of the market value of the struct ure (excluding the 1185
value of the land) before damage occurred (the costs of any proposed additions or improvements beyond 1186
restoring the damaged structure to its before damaged condition must be included in the cost); 1187
1188
e. Installing a manufactured home on a new site or a new manufactured home on an existing site; 1189
1190
f. Installing a travel trailer or recreational vehicle on a site for more than 180 days; 1191
1192
g. Reconstruction or repairs made to a repetitive loss structure; and 1193
1194
h. Addition or improvement made to any existing structure with a previous repair, addition or improvement 1195
constructed since the community’s first floodplain ordinance. 1196
1197
(2) Residential Construction. 1198
1199
a. New construction or substantial improvement of any residential structures shall meet provisions 1200
described in Section 5(A) and applicable general standards described in Section 5(B). 1201
1202
b. In Zone A and Zone AE, new construction or substantial improvement of any residential structure shall 1203
have the lowest floor; including basement, at or above the FPG. Should solid foundation perimeter walls 1204
be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters 1205
shall be provided in accordance with the standards of Section 5(C)(2)(c). Should fill be used to elevate 1206
a structure, the standards of Section 5(C)(2)(d) must be met. 1207
1208
c. Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade 1209
shall meet the following requirement: 1210
1211
i. Designed to preclude finished living space and designed to allow for the automatic entry and exit 1212
of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be 1213
designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. 1214
Engineered flood openings must be designed and certified by a registered design professional 1215
(requires supporting engineering certification or make/model specific ICC-ES Report), or meet the 1216
following criteria for non-engineered flood openings: 1217
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
1218
A. Provide a minimum of two openings on different sides of an enclosure. If there are multiple 1219
enclosed areas, each is required to meet the requirements for enclosures, including the 1220
requirement for flood openings in exterior walls (having a total net area of not less than one 1221
square inch for every one square foot of enclosed area); 1222
1223
B. The bottom of all openings shall be no more than one foot above the higher of the final interior 1224
grade (or floor) and the finished exterior grade immediately under each opening; 1225
1226
C. If the floor of the enclosure is below the BFE, the openings must be located wholly below the 1227
BFE. 1228
1229
D. If the floor of the enclosure is at or above the BFE, but below the FPG, the openings must be 1230
located wholly below the FPG; 1231
1232
E. Doors and windows do not qualify as openings; 1233
1234
F. Openings may be equipped with screens, louvers, valves or other coverings or devices provided 1235
they permit the automatic flow of floodwaters in both directions; 1236
1237
G. Openings are to be not less than 3 inches in any direction in the plane of the wall. This 1238
requirement applies to the hole in the wall, excluding any device that may be inserted such as 1239
typical foundation air vent device. 1240
1241
ii. The floor of such enclosed area must be at or above grade on at least one side. 1242
1243
1244
d. A residential structure may be constructed on fill in accordance with the following 1245
1246
i. Fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum 1247
density obtainable with either the Standard or Modified Proctor Test met hod. The results of the 1248
test showing compliance shall be retained in the permit file; 1249
1250
ii. Fill shall extend five (5) feet beyond the foundation of the structure before sloping below the BFE; 1251
1252
iii. Fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or 1253
bulk heading. If vegetative cover is used, the slopes shall be no steeper than 3’ horizontal to 1’ 1254
vertical; 1255
1256
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
iv. Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties; 1257
1258
v. Fill shall be composed of clean granular or earthen material. 1259
1260
e. A residential structure may be constructed using a stem wall foundation (also called chain wall, raised-1261
slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation (also called chain 1262
wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be backfilled with compacted structural 1263
fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of 1264
construction. 1265
1266
(3) Non-Residential Construction. 1267
1268
a. New construction or substantial improvement of any non-residential structures (excludes accessory 1269
structures) shall meet provisions described in Section 5(A) and applicable general standards described in 1270
Section 5(B). 1271
1272
b. In Zone A and Zone AE, new construction, or substantial improvement of any commercial, industrial, 1273
or non-residential structure (excludes accessory structures) shall either have the lowest floor, including 1274
basement and, elevated to or above the FPG or be floodproofed to or above the FPG. Should solid 1275
foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded 1276
movements of floodwaters shall be provided in accordance with the standards of Section 5(C)(3)(c). 1277
Should fill be used to elevate a structure, the standards of Section 5(C)(3)(d) must be met. 1278
1279
c. Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade 1280
shall meet the following requirement: 1281
1282
i. Designed to preclude finished living space and designed to allow for the automatic entry and exit 1283
of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be 1284
designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. 1285
Engineered flood openings must be designed and certified by a registered design professional 1286
(requires supporting engineering certification or make/model specific ICC-ES Report), or meet the 1287
following criteria for non-engineered flood openings: 1288
1289
A. Provide a minimum of two openings on different sides of an enclosure. If more than one 1290
enclosed area is present, each must have openings on exterior walls (having a total net area of 1291
not less than one square inch for every one square foot of enclosed area); 1292
1293
B. The bottom of all openings shall be no more than one foot above the higher of the final interior 1294
grade (or floor) and the finished exterior grade immediately under each opening; 1295
1296
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
C. Doors and windows do not qualify as openings; 1297
D. Openings may be equipped with screens, louvers, valves or other coverings or devices 1298
provided they permit the automatic flow of floodwaters in both directions; 1299
1300
E. Openings are to be not less than 3 inches in any direction in the plane of the wall. This 1301
requirement applies to the hole in the wall, excluding any device that may be inserted such as 1302
typical foundation air vent device. 1303
1304
ii. The floor of such enclosed area must be at or above grade on at least one side. 1305
1306
d. A nonresidential structure may be constructed on fill in accordance with the following: 1307
1308
i. Shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum 1309
density obtainable with either the Standard or Modified Proctor Test method. The results of the 1310
test showing compliance shall be retained in the permit file; 1311
1312
ii. Shall extend five (5) feet beyond the foundation of the structure before sloping below the BFE; 1313
1314
iii. Shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk 1315
heading. If vegetative cover is used, the slopes shall be no steeper than 3’ horizontal to 1’ vertical; 1316
1317
iv. Shall not adversely affect the flow of surface drainage from or onto neighboring properties; 1318
1319
v. Shall be composed of clean granular or earthen material. 1320
1321
e. A nonresidential structure may be floodproofed in accordance with the following: 1322
1323
i. A Registered Professional Engineer or Architect shall certify that the structure has been designed 1324
so that below the FPG, the structure and attendant utility facilities are watertight and capable of 1325
resisting the effects of the regulatory flood. The structure design shall take into account flood 1326
velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such 1327
certification shall be provided to the Floodplain Administrator. 1328
1329
ii. Floodproofing measures shall be operable without human intervention and without an outside 1330
source of electricity. 1331
1332
f. A nonresidential structure may be constructed using a stem wall foundation (also called chain wall, 1333
raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation must be 1334
backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood 1335
openings are required for this type of construction. 1336
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
1337
(4) Manufactured Homes and Recreational Vehicles. 1338
1339
a) These requirements apply to all manufactured homes to be placed on a site in the SFHA: 1340
1341
i. The manufactured home shall be elevated on a permanent foundation such that the lowest floor 1342
shall be at or above the FPG and securely anchored to an adequately anchored foundation system 1343
to resist flotation, collapse, and lateral movement. 1344
1345
ii. Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be 1346
designed to preclude finished living space and designed to allow for the entry and exit of 1347
floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for 1348
elevated structures in Article 5, Section C (2) (c). 1349
1350
iii. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home 1351
are not required to have openings. 1352
1353
b) Recreational vehicles placed on a site in the SFHA shall either: 1354
1355
i. Be on site for less than 180 days and be fully licensed and ready for use on a public highway 1356
(defined as being on its wheels or jacking system, is attached to the site only by quick disconnect 1357
type utilities and security devices, and has no permanently attached additions), or 1358
1359
ii. Meet the requirements for “manufactured homes” as stated earlier in this section. 1360
1361
(5) Accessory Structures 1362
1363
Within SFHAs, new construction or placement of an accessory structure must meet the following standards: 1364
1365
a. Shall have a floor area of 400 square feet or less; 1366
1367
b. Use shall be limited to parking of vehicles and limited storage; 1368
1369
c. Shall not be used for human habitation; 1370
1371
d. Shall be constructed of flood resistant materials; 1372
1373
e. Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters; 1374
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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
1375
f. Shall be firmly anchored to prevent flotation; 1376
1377
g. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above 1378
the FPG; 1379
1380
h. Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic 1381
flood forces on exterior walls as required for elevated structures in Section 5(C)(3)(c) and, 1382
1383
i. Shall not have subsequent additions or improvements that would preclude the structure from its continued 1384
designation as an accessory structure. 1385
1386
(6) Free-standing Pavilions, Gazebos, Decks, Carports, and Similar Development. 1387
1388
Within SFHAs, new construction or placement of free-standing pavilions, gazebos, decks, carports, and 1389
similar development must meet the following standards: 1390
1391
a. Shall have open sides (having not more than one rigid wall); 1392
1393
b. Shall be anchored to prevent flotation or lateral movement; 1394
1395
c. Shall be constructed of flood resistant materials below the FPG; 1396
1397
d. Any electrical, heating, plumbing and other service facilities shall be located at/above the FPG; 1398
1399
e. Shall not have subsequent additions or improvements that would preclude the development from its 1400
continued designation as a free-standing pavilion, gazebo, carport, or similar open-sided development. 1401
1402
1403
(7) Above Ground Gas or Liquid Storage Tanks. 1404
1405
Within SFHAs, all newly placed aboveground gas or liquid storage tanks shall meet the requirements for a non -1406
residential structure as required in Section 5(C)(3). 1407
1408
1409
D. Standards for Subdivision and Other New Developments 1410
1411
(1) All subdivision proposals and all other proposed new development shall be consistent with the need to minimize 1412
flood damage. 1413
1414
(2) All subdivision proposals and all other proposed new development shall have public utilities and facilities such 1415
as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 1416
1417
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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 provid ed to 1418
reduce exposure to flood hazards. 1419
1420
(4) In all areas of special flood hazard where base flood elevation data area not available, the applicant shall provide 1421
a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals 1422
and all other proposed new development (including manufactured home parks and subdivisions), which is greater 1423
than the lesser of fifty (50) lots or five (5) acres, whichever is less. 1424
1425
(5) All subdivision proposals shall minimize development in the SFHA and/or limit density of development 1426
permitted in the SFHA. 1427
1428
(6) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially 1429
emergency responders). 1430
1431
(7) Streets, blocks lots, parks and other public grounds shall be located and laid out in such a manner as to preserve 1432
and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or 1433
other public grounds. 1434
1435
F. Standards for Critical Facilities 1436
1437
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. 1438
Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. 1439
Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above th e FPG at the site. 1440
Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released 1441
into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the exte nt 1442
possible.” 1443
1444
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 1445
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 1446
repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 1447
ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to 1448
the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties 1449
shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been 1450
adopted. 1451
1452
Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of 1453
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 1454
so long as enforcement of same can be given the same effect. 1455
1456
Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and 1457
signing by the Mayor and such publication as required by law. 1458
1459
1460
1461
SPONSOR: Councilor Aasen
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 3/31/23 at 4:33 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, 1462
by a vote of _____ ayes and _____ nays. 1463
1464
COMMON COUNCIL FOR THE CITY OF CARMEL 1465
1466
1467
___________________________________ 1468
Jeff Worrell, President Laura Campbell, Vice-President 1469
1470
___________________________________ ____________________________________ 1471
Kevin Rider Sue Finkam 1472
1473
___________________________________ ____________________________________ 1474
Anthony Green Adam Aasen 1475
1476
___________________________________ ___________________________________ 1477
Tim Hannon Miles Nelson 1478
1479
___________________________________ 1480
Teresa Ayers 1481
1482
ATTEST: 1483
1484
__________________________________ 1485
Sue Wolfgang, Clerk 1486
1487
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 1488
_________________________ 2023, at _______ __.M. 1489
1490
____________________________________ 1491
Sue Wolfgang, Clerk 1492
1493
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 1494
________________________ 2023, at _______ __.M. 1495
1496
____________________________________ 1497
James Brainard, Mayor 1498
ATTEST: 1499
1500
___________________________________ 1501
Sue Wolfgang, Clerk 1502
1503
CERTIFICATION
OF THE CARMEL PLAN COMMISSION’S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE
Z-682-23
Flood Damage Prevention Ordinance (Carmel City Code)
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application Docket
No. PZ-2023-00030 OA - petitioning 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.
The Carmel Plan Commission’s Commercial Committee recommendation on the petition
of the applicant is ‘Favorable.”
At its regularly scheduled meeting on March 21, 2023, the Carmel Plan Commission
Commercial Committee voted Eight (8) in Favor, Zero (0) Opposed, One (1) Absent, to
forward to the Common Council the proposed Ordinance No. Z-682-23 with a
“Favorable Recommendation”.
Please be advised that by virtue of the Plan Commission’s Favorable Recommendation,
pursuant to IC 36-7-4-607(e), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Monday, June 26, 2023.
CARMEL PLAN COMMISSION
BY: _____________________________________
Brad Grabow, President
ATTEST:
_____________________________________
Joe Shestak, Secretary
Carmel Plan Commission
Dated: March 28, 2023