ORDINANCE 2017-04

AN ORDINANCE TO AMEND VARIOUS SECTIONS OF CHAPTER 152,

THE FLOODPLAIN OVERLAY DISTRICTS

            BE IT ORDAINED AND ADOPTED by the Town Council of Ellettsville, Indiana:

Section 1.       The following revisions are hereby made to Chapter 152, the “Floodplain Overlay District” of the Ellettsville Town Code.  When an existing section of the ordinance is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.  

Section 2.       The following changes are hereby made to Section 152.100, “Statutory Authorization, Findings of Fact, Purpose and Objectives”:

(C)  Statement of Purpose.  It is the purpose of this subchapter to promote the public health, safety,

and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(6)   Make federally subsidized flood insurance available for structures and their contents in the Town by fulfilling the requirements of the National Flood Insurance Program.

 

(D)  Objectives.  The objectives of this subchapter are:

 

(7) To ensure that potential home buyers are notified that property is in a flood area.

 

Section 3.       The following changes are hereby made to Section 152.101, “Definitions”:

 

ACCESSORY STRUCTURE (APPURTENANT STRUCTURE).  A structure with a floor area 400 square feet or less that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure.  ACCESSORY STRUCTURES should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential.  Examples of ACCESSORY STRUCTURE are detached garages, carports, storage sheds, pole barns, and hay sheds.

 

BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.

 

BOUNDARY RIVER means the part of the Ohio River that forms the boundary between Kentucky and Indiana.

 

BOUNDARY RIVER FLOODWAY means the floodway of a boundary river.

 

D ZONE means unstudied areas where flood hazards are undetermined, but flooding is possible.  Flood insurance is available in participating communities but is not required by regulation in this zone. 

 

ELEVATION CERTIFICATE is a certified statement that verifies a structure’s elevation information. This certification must be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information.

 

ENCROACHMENT.  The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

EXISTING CONSTRUCTION.  Any structure for which the “start of construction” commenced before the effective date of the community's first floodplain ordinance.

LETTER OF FINAL DETERMINATION (LFD) means a letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community.  The LFD initiates the six-month adoption period.  The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause.

 

LOWEST FLOOR.  The lowest of the following:

 

(1)   The top of the lowest level of the structure;

 

(2)   The top of the basement floor;

 

(3)   The top of the garage floor, if the garage is the lowest level of the structure;

 

(4)   The top of the first floor of a structure elevated on pilings or pillars; or

 

(5)   The top of the first floor of a structure constructed with a crawl space, provided that the lowest point of the interior grade is at or above the BFE, and construction meets requirements of (6)(a);

 

 

(5) (6)  top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless:

 

(a)   the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters by providing a minimum of two openings (in addition to doorways and windows) in a minimum of two exterior walls having a total net area of one square inch for every one square foot of enclosed area.  The bottom of all such openings shall be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; if a structure has more than one enclosed area, each shall have openings on exterior walls; and

 

(b)   such enclosed space shall be usable solely for the parking of vehicles and building access.

 

NON-BOUNDARY RIVER FLOODWAY means the floodway of any river or stream other than a boundary river.

 

SUBSTANTIAL IMPROVEMENT.  Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement.  This term includes structures that have incurred “repetitive loss” or “substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements.( or any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

 

            Section 4.        The following changes are hereby made to Section 152.102, “General Provisions”:

           

              (B)  Basis for establishing regulatory flood data.  This subchapter’s protection standard is the regulatory flood.  The best available regulatory flood data is listed below.  Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Indiana Department of Natural Resources for review and approval. 

 

(4)   Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.

 

(I)                 Penalties for violation.  Failure to obtain a Floodplain Development Permit in the SFHA,

or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance, shall be deemed to be a violation of this ordinance.  All violations shall be considered a common nuisance Class C infraction and be treated as such in accordance with the provisions of the Town Code  the zoning code. 

 

         Section 5.     The following changes are hereby made to Section 152.103, “Administration”:

 

         (B)  Permit Procedures.  Application for a flood-plain development permit shall be made to the Flood-plain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing.  Specifically the following information is required:

 

(1)   Application Stage.

(a)   A description of the proposed development.

(b)   Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams.

(c)   A legal description of the property site.

(d)   A site development plan showing existing and proposed development locations and existing and proposed land grades.

(e)   Elevation of the top of the planned lowest floor (including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD.

(f)    Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed.

(g)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required and any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision. (See  152.103(C) (6) for additional information.) ; and

 

(3)   Finished Construction.

Upon completion of construction, an elevation certification (FEMA Elevation Certificate Form 81-31 or any future updates) which depicts the “as-built” lowest floor elevation is required to be submitted to the Floodplain Administrator.  If the project includes a floodproofing measure, floodproofing certification (FEMA Floodproofing Certificate Form 81-65 or any future updates) is required to be submitted by the applicant to the Floodplain Administrator.

 

(4) Permit Review Fee.  There shall be a $50 fee for review of all Floodplain Development Permit applications.

 

(C)  Duties and responsibilities of the Floodplain Administrator.

 

(3)  The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:

 

(k)        Review certified plans and specifications for compliance.  Perform a minimum of three inspections to ensure that all applicable ordinance and floodplain development requirements have been satisfied.  The first upon the establishment of the Flood Protection Grade reference mark at the development site; the second upon the establishment of the structure’s footprint/establishment of the lowest floor; and the final inspection upon completion and submission of the required finished construction elevation certificate.  Authorized Town officials shall have the right to enter and inspect properties located in the SFHA.

 

            (o)        Maintain and track permit records involving additions and improvements to residences located in the floodway. 

 

Section 6.     The following changes are hereby made to Section 152.104, “Provisions for Flood Hazard Reduction” :

 

(A)  General Standards.  In all SFHAs and known flood prone areas the following provisions

are required:

 

(10) Any alteration, repair, reconstruction or improvement to a structure that is not in compliance with the provisions of this subchapter, shall be undertaken only if the nonconformity is not further extended or replaced.

(10)        Parking lots, driveways, and sidewalks within the SFHA shall be constructed with permeable materials.

(11)        Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE.  The excavation volume shall be at least equal to the volume of storage lost (replacement ratio of 1 to 1) due to the fill or structure. 

a)         The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located.

b)        Under certain circumstances, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory flood water, will not be subject to ponding when not inundated by flood water, and that it shall not be refilled.

c)         The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by flood water.

d)        The fill or structure shall not obstruct a drainage way leading to the floodplain.

e)         The grading around the excavation shall be such that the excavated area is accessible to the regulatory flood water.

 

f)          The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement.

g)         Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this article.

 

                  (B) Specific Standards. In all SFHAs, the following provisions are required:

 

(1)   In addition to the requirements of § 152.104(A), all structures to be located in the SFHA shall be protected from flood damage below the FPG.  This building protection requirement applies to the following situations:

 

(a)   Construction or placement of any structure having a floor area greater than 400 square feet.

 

(b)  Addition or improvement made to any existing structure:

 

1.      Where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land);

 

2.      With a previous addition or improvement constructed since the community's first floodplain ordinance.

 

(g)   Addition or improvement made to any existing structure with a previous addition constructed since the community’s first floodplain ordinance.

 

(4)   Elevated Structures. New construction or substantial improvements of elevated structures shall

have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.  Designs must meet the following minimum criteria:

 

(a)   Provide a minimum of two openings located in a minimum of two exterior walls (having

a total net area of not less than one square inch for every one square foot of enclosed area).

(b)   All openings shall be located entirely below the BFE; and

(b) (c) The bottom of all openings shall be no more than one foot above the exterior grade or the

interior grade immediately beneath each opening, whichever is higher.

 

(c)   (d) Openings may be equipped with screens, louvers, valves or other coverings or devices provided

they permit the automatic flow of floodwaters in both directions.

 

(d)  (e) Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles

(garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).

 

(e)   (f) The interior portion of such enclosed area shall not be partitioned or finished into separate

rooms.

 

(f)    (g) The interior grade of such enclosed area shall be at an elevation at or higher than the exterior

grade.

 

(h) An adequate drainage system must be installed to remove flood waters from the interior area of the crawlspace within a reasonable period of time after a flood event.

(g)   Openings are to be not less than 3 inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, exclud­ing any device that may be inserted such as typical foundation air vent device.

 

(i)     Where elevation requirements exceed six feet above the highest adjacent grade, a copy of the legally recorded deed restriction, prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structure's originally approved design, shall be presented as a condition of issuance of the final certificate of occupancy.

(h)  Property owners shall be required to execute and record with the structure’s deed a non-conversion agreement declaring that the area below the lowest floor (where the interior height of the enclosure exceeds 6 feet) shall not be improved, finished or otherwise converted; the community will have the right to inspect the enclosed area. The non-conversion agreement shall be recorded in the office of the Monroe County Recorder.

 

(5)   Structures Constructed on Fill.  A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following:

 

(f)    Fill shall be composed of clean granular or earthen material.

 

(7) Accessory Structures.  Relief to the elevation or dry floodproofing standards may be granted for accessory structures.  Such structures must meet the following standards:

a)      Shall not be used for human habitation.

b)     Shall be constructed of flood resistant materials.

c)      Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters.

d)     Shall be firmly anchored to prevent flotation.

e)      Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG.

f)       Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Article 5, Section B. 4. 

(8)   Above Ground Gas or Liquid Storage Tanks.  All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement.

 

(E)  Standards for Identified Floodways.

 

(3)   No development shall be allowed that, acting alone or in combination with existing or future development, will increase the regulatory flood more than 0.14 of one foot.

 

         (3)No development shall be allowed, which acting alone or in combination with existing or future development, that will adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse effect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses.

 

Section 7.  Severability.

 

If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance.

 

Section 8.  This ordinance takes effect following its final publication according to the procedure

specified by Indiana Code 5-3-1.     

 

 

Passed by the Ellettsville Town Council, Indiana, on the ____ day of ___________, 2017.