HomeMy WebLinkAbout2003-OR-33ORDINANCE NO. 2003-OR- 33
AN ORDINANCE AMENDING ORDINANCE NO. 94-OR-40
AND JEFFERSONVlLLE MUNICIPAL CODE CHAPTER 151: FLOODPLAIN
MANAGEMENT
WHEREAS, in 1994, the Common Council of the City of Jeffersonville (the "Council"")
adopted Ordinance No. 94-OR-40 based upon the then-existing enabling legislation for
floodplain management; and
WHEREAS, both Congress and the Indiana General Assembly have amended the
enabling legislation for floodplain management; and
WHEREAS, the Council wishes to update its floodplain management ordinance to
comport with the current provisions of the enabling legislation.
NOW THEREFORE, BE IT ORDAINED by the Council that Ordinance No. 94-OR-40 is
hereby repealed in its entirety and replaced with the following:
SECTION 1. STATUTORY AUTHORIZATION.
The Indiana Legislature granted the power to local units of government (lC 36-7-4) to
control land use within their jurisdictions in order to accomplish the following.
SECTION 2. STATEMENT OF PURPOSE.
The purpose of this ordinance is to guide development in the flood hazard areas in order
to reduce the potential for loss of life and property, reduce the potential for health and
safety hazards, and to reduce the potential for extraordinary public expenditures for flood
protection and relief. Under the authority granted to local units of government control land
use within their jurisdiction, which includes taking into account the effects of flooding, the
Common Council hereby adopts the following floodplain management regulations in order
to accomplish the following:
Prevent unwise developments from increasing flood or drainage
hazards to others;
Protect new buildings and major improvements to buildings from flood
damage;
Protect human life and health from the hazards of flooding;
Lessen the burden on the taxpayer for flood control projects, repairs
to flood-damaged public facilities and utilities, and flood rescue and
relief operations;
Maintain property values and a stable tax base by minimizing the
potential for creating flood blighted areas; and
Make federally subsidized flood insurance available for structures and
their contents in the City of Jeffersonville by fulfilling the requirements
of the National Flood Insurance Program.
SECTION 3. DEFINITIONS.
For the purpose of this ordinance, the following definitions are adopted:
a. Building - see "Structure."
b. Development - any man-made change to improved or unimproved real
estate including but not limited to:
1. Construction, reconstruction, or placement of a building or any
addition to a building;
2. Installing a manufactured home on a site, preparing a site for a
manufactured home or installing a recreational vehicle on a site for
more than 180 days;
3. Installing utilities, erection of walls and fences, construction of roads,
or similar projects;
4. Construction of flood control structures such as levees, dikes, dams,
channel improvements, etc.
5. Mining, dredging, filling, grading, excavation, or drilling operations.
6. Construction and/or reconstruction of bridges or culverts;
7. Storage of materials; or
8. Any other activity that might change the direction, height, or velocity
of flood or surface waters.
"Development" does not include activities such as the maintenance of existing buildings
and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and
similar agricultural practices that do not involve filling, grading, plowing, and similar
agricultural practices that do not involve filling, grading, excavation, or the construction of
permanent buildings.
Existin,q manufactured home park or subdivision - means a manufactured
home park or subdivision for which the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the
effective date of this ordinance.
f.
g.
h.
i.
Expansion to an existing manufactured home park or subdivision - means
the preparation of additional sites by the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including the installation utilities, the construction of streets, and either final,
site grading or the pouring of concrete pads).
FBFM - Flood Boundary and Floodway Map.
FEMA - Federal Emergency Management Agency.
FHBM- means Flood Hazard Boundary Map.
FIRM - means Flood Insurance Rate Map.
Flood - a general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow, the unusual and rapid
accumulation, or the runoff of surface waters from any source.
Floodplain - the channel proper and the areas adjoining any wetland, lake or
watercourse, which have been, or hereafter may be, covered by the
regulatory flood. The floodplain includes both the floodway and the floodway
fringe districts.
Flood Protection Grade or the "FPG" - means the elevation of the regulatory
flood plus two feet at any given location in the SFHA.
Floodway - means the channel of a river or stream and those portions of the
floodplains adjoining the channel which are reasonably required to efficiently
carry and discharge the peak flood flow of the regulatory flood of any river or
stream.
Floodway frin,qe - meanS those portions of the floodplain lying outside the
floodway.
Letter of Map Amendment (LOMA) - An amendment to the currently effective
FEMA map that establishes that a property is not located in a special Flood
Hazard Area (SFHA). A LOMA is only issued by FEMA.
Letter of Map Revision (LOMR) - An official revision to the currently effective
FEMA map. It is issued bY FFMA and changes flood zones, delineations,
and elevations.
Lowest Floor - means the lowest of the following:
(1) the top of the basement floor;
(2)
the top of the garage floor, if the garage is the lowest level of
the building;
(3)
the top of the first floor or of buildings elevated on pilings or
constructed on a crawl space with permanent openings; or
(4)
the top of the floor level of any enclosure below an elevated
building where the walls of the enclosures provide any
resistance to the flow of flood waters unless:
(a). 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) having a total
areaofone (1) square inch for every square foot
of enclosed area subject to flooding. The bottom of all such
openings shall be no higher than one (1) foot above grade.
(b). such enclosed space shall be usable for the parking of
vehicles and building access.
Manufactured home - means a structure, transportable in one or more
sections, which is built cfa permanent chassis and is designed for use with
or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a "recreational vehicle."
New manufactured home park or subdivision - means a manufactured home
park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including at a
minimum, the installation of utilities, the construction of streets, and either
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final site grading or the pouring of concrete pads) is completed on or after
the effective date of this qrdinance.
Recreational vehicle - means a vehicle which is (1) built on a single chassis:
(2) 400 square feet or less When measured at the largest horizontal
projections; (3) designed to be self-propelled or permanently towable by a
light duty truck; and (4) designed primarily not for use as a permanent
dwelling, but as temporary living quarters for recreational camping, travel, or
seasonal use.
Regulatory Flood - means the flood having a one percent probability of being
equaled or exceeded in any given year, as calculated by a method and
procedure which is acceptable to and approved by the Indiana Natural
Resources Commission and the Federal Emergency Management Agency.
The regulatory flood elevation at any location is as defined in Section 5 of
this ordinance.- The "Regulatory Flood" is also known by the term "Base
Flood."
SFHA or Special Flood Hazard Area - means those lands within the
jurisdiction of the City that are subjects to inundation by the regulatory
flood. The SFHAs of the City are generally identified as such on the Flood
Insurance Rate Map of the City prepared by the Federal Emergency
Management Agency and dated July 16, 1990. The SFHAs of those parts
of unincorporated Clark County that are within the extraterritorial
jurisdiction of the City or that may be annexed into the City are generally
identified as such on the.Flood Insurance Rate Map prepared for Clark
County by the Federal emergency Management Agency and dated February
18, 1985.
Structure - means a structure that is principally above ground and is
~nclosed by walls and a roof. The term includes a gas or liquid storage tank,
a manufactured home, or a prefabricated building. The term also includes
recreationa vehicles to be installed on a site for more than 180 days.
Substantial Improvement - means any reconstruction, rehabilitation, addition,
or other improvement of structure, the cost of which equals or exceed 50
percent of the market value of the structure before the "start of construction"
of the improvement. This term includes structures Which have incurred
"substantial damage" regardless of the actual repair work performed. The
term does not include improvements of structures to correct existing
violations of state or local health, sanitary, or safety code requirements or
any alteration of a "historic structure", provided that the alteration will not
preclude the structures continued designation as a "historic structure".
SECTION 4. DUTIES OF THE ADMINISTRATOR.
The City Building Commissioner shall implement this ordinance and hereafter be
referred to as the "Zoning Administrator". The Zoning Administrator for the City of
Jeffersonville is appointed to review all development and subdivision proposals to insure
compliance with this ordinance, including but not limited to the following duties:
Ensure that all development activities within the SFHAs of the jurisdiction of
the City meet the requirements of this ordinance.
Provide information and assistance to citizen upon request about permit
procedures and floodplain construction techniques.
Ensure that the Indiana Natural Resources Commission has granted
construction authorization for all development projects subject to Section 7
of this ordinance, and maintain a record of such authorization (either copy of
actual permit or floodplain analysis and regulatory assessment).
Maintain a record of the "as-built" elevation of the top of the lowest floor
(including basement) of all new and/or substantially improved buildings
constructed in the SFHA.Inspect before, during and after construction.
Maintain a record of the engineer's certificate and the "as built" flood-proofed
elevation of all buildings subject to Section 8 of this ordinance.
Cooperate with state and federal floodplain management agencies to
improve base flood and floodway data and to improve the administration of
this ordinance. Submit reports as required for the National Flood Insurance
Program.
Maintain for public inspection and furnish upon request
regulatory flood data, SFHA maps, Letters of Map
Amendment (LOMA), Letters of Map Revision (LOMR), copies
of DNR permits and floodplain analysis and regulatory
assessments, federal permit documents, and "as built"
elevation and flood-proofing data for ail building
constructed subject to this ordinance.
Notify adjacent communities and the State Coordinating
Office prior to any alteration or relocation of a
watercourse, and submit copies of such notification to
FEMA.
SECTION 5. REGULATORY FLOOD ELEVATION.
This ordinance'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 Department of Natural Resources for review and approval.
The regulatory flood elevation and floodway limits for the SFHAs of
Woodland Court Tributary, Mill Creek, Hamburg Pike Tributary, Greenbriar
Tributary, Ohio River, and Silver Creek shall be as delineated on the 100
year flood profiles in the Flood Insurance Study of the City dated July 16,
1990 and the corresponding (FBFM) dated July 16, 1990 prepared by the
Federal Emergency Management Agency.
The regulatory flood elevation for each SFHA delineated as an "AH Zone" or
"AO Zone" shall be that elevation (or depth) delineated on the Flood
Insurance Rate Map of Jeffersonville.
The regulatory Flood Elevation for each of the remaining SFHAs delineated
as an '% Zone" on the, Flood Insurance Rate Map of the City shall be
according to the best data available as provided by the Department of
Natural Resources.
The regulatory flood elevation and floodway limits for the SFHAs of those
parts of unincorporated Clark County that are within the extraterritorial
jurisdiction of the City or that may be annexed into the City shall be as
delineated on the 100 year flood profiles in the Flood Insurance Study of
Clark County dated March 1980 and the corresponding (FBFM) dated
February 18, 1983 prepared by the federal Emergency Management
Agency.
If the SFHA is delineated as "AH Zone or A0 Zone" the elevation (or depth)
will be delineated on the .County Flood Insurance Rate Map. If the SFHA is
delineated as "Zone A" on the County Flood Insurance Rate Map, the
regulatory flood elevation shall be according to the best data available as
provided by the Department of Natural Resources.
SECTION 6. IMPROVEMENT LOCATION PERMIT.
No person, firm, corporation, or governmental body not exempted by State Law shall
commence any Development in the SFHA without first obtaining an improvement Location
Permit from the Zoning Administrator. The Zoning Administrator shall not issue an
Improvement Location Permit if the proposed Development does not meet the
requirements of the ordinance.
The application for an Improvement Location Permit shall be
accompanied by the following:
1. A description of the proposed development.
Location of the proposed development sufficient to accurately
locate property and structure in relation to existing roads and
streams.
3. A legal description of the property site.
A site development plan showing existing and proposed
development locations and existing and proposed land grades.
Elevation of the top of the lowest floor (including basement) of
all proposed development. Elevation should be in National
Geodetic Vertical Datum of 1929 (NGVD) or North American
Vertical Datum (NAVD). In either case the conversion formula
should be included.
Upon receipt of an application for an Improvement Location Permit, the
Zoning Administrator shall determine if the site is located within and
identified floodway, floodway fringe or within the floodplain where the limits
of the floodway have not yet been determined.
If the site is in an identified floodway the Zoning Administrator
shall require the applicant to forward the application, along with
all pertinent plans and specifications, to the Department of
Natural Resources and apply for a permit for construction in a
floodway.
Under the provisions of lC 14-28-1 a permit from the Natural
Resources Commission is required prior to the issuance of a
local building permit for any excavation, deposit, construction
or obstruction activity located in the floodway. This includes
land preparation activities such as filling, grading, clearing and
paving etc. undertaken before the actual start of the
construction of the building.
The Zoning Administrator shall take no action until the Natural
Resources Commission has issued a permit granting approval
for construction in the floodway. Once the Natural Resources
Commission has issued a permit, the Zoning Admministrator
may issue the local Improvement Location Permit, provided the
provisions contained in Sections 7 and 8 of this ordinance have
been met. The Improvement Location Permit cannot be less
restrictive than the permit issued by the Natural Resources
Commission.
If the site is located in an identified floodway fringe, then the
Zoning Administrator may issue the local Improvement
Location Permit provided the provision contained in Sections 7
and 8 of this ordinance have been met. The key provision is
that the top of the lowest floor of any new or substantially
improved structure shall be at or above the Flood Protection
Grade (FPG).
If the site is in an identified floodplain where the limits of the
floodway and floodway fringe have not yet been determined
(Shown as Zone A on the Flood Insurance Rate Map), and the
drainage area upstream of the site is greater than one square
mile, the Zoning Administrator shall require the applicant to
forward the ,application, along with all pertinent plans and
specifications, to the Department of Natural Resources for
review and comment.
The Zoning Administrator shall take no action
until either a permit for construction in the
floodway or a floodplain analysis and
regulatory assessment citing the 100-year
flood elevation and the recommended Flood
Protection Grade has been received from the
Department of Natural Resources.
Once the Zoning Administrator has received the
property permit or floodplain analysis and
regulatory assessment approving the proposed
development, an improvement Location Permit
may be issued provided the conditions of the
Improvement Location Permit are not less
restrictive than the conditions received from
Natural Resources and the provisions contained
in Sections 7 and 8 of this ordinance have
been met.
If the site is in an identified floodplain where the limits of the
floodway and floodway fringe have not yet been determined
and the drainage area upstream of the site is less than one
square mile, the Zoning Administrator shall require the
applicant to provide an engineering analysis showing the limits
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of the floodway, floodway fringe and 100 year elevation for the
site.
Upon receipt, the Zoning Administrator may issue the local
Improvement Location Permit, provided the provisions
contained in Sections 7 and 8 of this ordinance have been met.
SECTION 7. PREVENTING INCREASED DAMAGES.
No Development in the SFHA shall create a damaging or potentially damaging increase in
flood heights or velocity or threat to public health and safety.
Within the floodway identified on the Flood Boundary and Floodway Map or
the Flood Insurance Rate Map, or engineering analysis as provided in
Section 6.b.4, the following standards shall apply:
No Development shall be allowed that acting alone or in
combination with existing or future Development, will cause
any increase in the elevation of the regulatory flood; and
For all projects involving channel modifications of fill (including
levees) the City shall submit the data and request that the
Federal Emergency Management Agency revise the regulatory
flood data.
Within all SFHAs identified as A Zones (no 100-year flood elevation and/or
floodway/floodway fringe delineation has been provided) the following
standard shall apply:
the total cumulative effect of the proposed development, when
combined with all other existing and anticipated development,
will not increase the regulatory flood elevation more than one-
tenth (0.1) of one foot and will not increase flood damages or
potential flood damages
c. Public Health Standards in all SFHAs
No Development in the SFHA shall include locating or storing
chemicals, explosives, buoyant materials, flammable liquids,
pollutants, or other hazardous or toxic materials below the
Flood Protection Grade, unless such materials are stored in a
flood-proofed storage tank or building constructed according to
the requirements of Section 8 of this ordinance.
l0
New and replacement sanitary sewer lines and on-site waste
disposal systems may be permitted providing all manholes or
other above ground openings are located above the FPG, or
those which are located below the FPG are watertight.
SECTION 8. PROTECTING BUILDINGS.
In addition to the damage prevention requirements of Section 7, all buildings to be located
in the SFHA shall be protected from flood damage below the FPG.
a. This building protection requirement applies to the following situations:
1. Construction or placement of any new building having a floor area greater
than 400 square feet;
2. Structural alterations made to:
(a.)
an existing (previously unaltered) building, the cost of which
equals or exceeds 50% of the value of the pre-altered building
(excluding the Value of the land); or
(b.) any previously altered building.
Reconstruction or repairs made to a damaged building that are valued at
more than 50% of the market value of the building (excluding the value of
the land) before damage occurred;
4. Installation of a manufactured home on a new site or a new manufactured
home on an existing site. This ordinance does not apply to returning the
existing manufactured home to the same site it lawfully occupied before it
was removed to avoid flqod damage; and
5. Installation of a travel trailer or recreational vehicle on a site for more than
180 days.
This building protection requirement may be met by one of the following
methods. The Zoning Administrator shall maintain a record of compliance
with these building protection standards as required in Section 4 of this
ordinance.
A residential or nonresidential building may be constructed on a
permanent landfill in accordance with the following:
(b).
(c).
(a).
(b).
(c).
(d).
The fill shall be placed in layers no greater than 1 foot deep
before compacting to 95% of the maximum density obtainable
with the Standard Proctor Test method.
The fill should extend at least ten feet beyond the foundation of
the building before sloping below the FPG.
The fill shall be protected against erosion and scour during
flooding by vegetative cover, riprap, or bulkheading. If
vegetative cover is used, the slopes shall be no steeper than 3
horizontal to 1 vertical.
The fill shall not adversely affect the flow of surface drainage
from or onto neighboring properties.
(e).
The top of the lowest floor including basements, (see definition
of lowest floor in Section 3. Definitions) shall be at or above the
FPG.
A residential or nonresidential building may be elevated in
accordance with the following:
(a).
The building or improvements shall be elevated on posts,
piers, columns, extended walls, or other types of similar
foundation Provided:
(1).
Walls of any enclosure below the elevated floor shall be
designed to automatically equalize hydrostatic flood
forces on the wails by allowing for the entry and exit of
flood waters, through providing a minimum of two
openings (in addition to doorways and window) having a
total area of one (1) square inch for every
squa~ze foot of enclosed area subject to flooding.
The bottom of all such opening shall be no higher than
one (1) foot above grade.
(2).
Any enclosure below the elevated floor is used for
storage of vehicles and building access.
The foundation and supporting members shall be anchored and
aligned in relation to flood flows and adjoining structures so as to
minimize exposure to known hydrodynamic forces such as buoyancy,
current, waves, ice, and floating debris.
All areas below the FPG shall be constructed of materials resistant to
flood damage. The top of the lowest floor (including basement) and all
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electrical, heating, ventilating, plumbing, and air conditioning
equipment and utility meters shall be located at or above the FPG.
Water and sewer pipes, electrical and telephone lines, submersible
pumps, and other Waterproofed Service facilities may be located
below the FPG
Manufactured homes and recreational Vehicles to be installed or
substantially improved on a site for more than 180 days must meet one of
the following anchoring requirements:
(a).
The manufactured home shall be elevated on a permanent foundation
Such that the lowest floor shall be at or above the FPG and securely
anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement. This requirement applies to
all manufactured homes to be placed on a site;
(1). outside a manufactured home park or subdivision;
(2). in a new manufactured home park or subdivision;
(3).
in an expansion to an existing manufactured home park or
subdivision; or
(4).
in an existing manufactured home park or subdivision on which
a manufactured home has incurred substantial damage as a
result of a flood.
(b).
This requirement applies to all manufactured homes to be placed on a
site in an existing manufactured home park or subdivision that has not
been substantially damaged by a flood.
The manufactured home shall be elevated so that the lowest floor of
the manufactured home chassis is supported by reinforced piers or
other foundation elements that are no less that 36 inches in height
above grade and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
Recreational vehicles placed on a site shall either:
a). be on the site for less than 180 consecutive days;
(b).
be fully licensed and ready for highway use (defined as being on its
wheels or jacking system, is attached to the site only be quick
disconnect type utilities and security devices, and has no permanently
attached additions); or
]3
(c). meet the requirements for "manufactured homes" in paragraph (3) of
this section.
A non-residential building may be flood-proofed to the FPG (in lieu of
elevating) if done in accordance with the following:
(a).
a Registered Professional Engineer shall certify that the building has
been designed so that below the FPG, the structure and attendant
utility facilities are watertight and capable of resisting the effects of the
regulatory flood. The building design shall take into account flood
velocities, duration, rate of rise, hydrostatic pressures, and impacts
from debris or ice.
(b).
Flood-proofing measures shall be operable without human
intervention and without an outside source of electricity.
SECTION 9. OTHER DEVELOPMENT REQUIREMENTS.
The Zoning Administrator shall review all proposed subdivisions to
determine whether the subdivision lies in a flood hazard area as defined else
where by ordinance. If the Zoning Administrator finds the subdivision to be
so located, the Zoning Administrator shall forward plans and material to the
Indiana Department of Natural Resources for review and comment. The
Zoning Administrator shall require appropriate changes and modifications in
order to assure that:
1. it is consistent with the need to minimize flood damages;
all public utilities and facilities, such as sewer, gas, electrical, and
water systems are located and constructed to minimize or eliminate
flood damage;
adequate drainage is provided so as to reduce exposure to flood
hazards;
on-site waste disposal systems, if provided, will be so located and
designed to avoid impairment of them or contamination from them
during the occurrence of the regulatory flood.
Developers shall record the 100- year flood elevation on all subdivision plats
containing lands (identified elsewhere by this ordinance) within a flood
hazard area prior or submitting the plats for approval by the Plan
Commission.
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Ail owners of manufactured home parks or subdivisions located within the
SFHA identified as Zone A on the community's FHBM or FIRM shall develop
an evacuation plan for those lots located in the SFHA and file it with the local
Plan Commission and have it filed with and approved by the appropriate
community emergency management authorities.
SECTION 10. VARIANCES.
The Board Of Zoning Appeals may consider issuing a variance to the terms
and provisions of this ordinance provided that applicant demonstrates that:
1. there exists a good and sufficient cause for the requested variance;
The strict application of the terms of this ordinance will constitute and
exceptional hardship to the applicant, and
The granting of the requested variance will not increase flood heights,
create additional threats to public safety, cause additional public
expense, create nuisances, cause fraud or victimization of the public,
or conflict with existing laws or ordinances.
The Board of Zoning Appeals may issue a variance to the terms and
provisions of this ordinance subject to the following standards and
conditions:
No variance or exception for a residential use within a floodway
subject to Section 7 (a) or (b) of this ordinance may be granted.
Any variances or exception granted in a floodway subject to Section 7
(a) or (b) of this ordinance will require a permit from Natural
Resources.
Variances or exceptions to the Building Protection Standards of
Section 8 may be granted only when a new structure is to be located
on a lot of one-half acre or less in size, contiguous to and surrounded
by lots with existing structures constructed below the flood protection
grade.
Variance or exception may be granted for the reconstruction or
restoration of any structure individually listed on the Register Of
Historic Places or the Indiana State Survey of Historic Architectural,
Archaeological and Cultural Sites, Structures, Districts, and Objects;
All variances shall give the minimum relief necessary and be such
that the maximum practical flood protection will be given to the
proposed construction; and
The Board of Zoning Appeals shall issue a written notice to the
recipient of a variance or exception that the proposed construction will
be subject to increased risks to life and property and could require
payment of increased flood insurance premiums.
SECTION 11. DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on available information derived from engineering and
scientific methods of study. Larger floods can and will occur on rare occasions. Therefore,
this ordinance does not create any liability on the part of the community, Natural
Resources, or the State of Indiana, for any flood damage that results from reliance on this
ordinance, or any administrative decision made lawfully hereunder.
SECTION 12. VIOLATIONS.
Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with
the requirements of a permit or conditions of a variance shall be deemed to be a violation
of this ordinance. All violations shall be considered a common nuisance and be treated as
such in accordance with the provisions of the Zoning Code for the City of Jeffersonville. All
violations shall be punishable by a fine not exceeding $2,500.
A separate offense shall be deemed to occur for each day the violation
continues to exist.
The City of Jeffersonville Plan Commission shall inform the owner that any
such violation is considered a willful act to increase flood damages and
therefore may cause coverage by a Standard Flood Insurance Policy to be
suspended.
Nothing herein shall prevent the City of Jeffersonville from taking such other
lawful action to prevent or remedy any violations. All costs connected
therewith shall accrue to the person or persons responsible.
SECTION 13. ABROGATION AND GREATER RESTRICTIONS
This ordinance repeals and replaces other ordinances adopted by the City to fulfill the
requirements of the National Flood Insurance Program. However, this ordinance does not
repeal the original resolution or ordinance adopted to achieve eligibility in the Program.
Nor does this ordinance repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. Where this ordinance and other ordinance easements, covenants, or
deed restrictions conflict or overlap, whichever imposes the more stringent restrictions
shall take precedence. In addition, the City shall assure that all National Flood Insurance
Program regulations (44CFR {}60) as well as indiana laws and regulations regarding
floodplain issues (312 lAC 10, lC 14-28-1 and lC 14-28-3) are met.
SECTION 14. SEPARABILITY.
The provisions and sections of this ordinance shall be deemed separable and the
invalidity of any portion of this ordinance shall not affect the validity of the remainder.
SECTION 15. EFFECTIVE DATE.
This ordinance shall take effect 30 days after its passage by the Common Council and
approval by the Mayor of Jeffersonville.
Passed and enacted by the Common Council of the City of Jeffersonville, Indiana
on the ~ day of (~ ~r~k-~--- ,2003.
This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this. 'kO day of October 2003
Thomas R. Galliga ~~~
Presiding Officer, Commoh-Council
ATTEST:
Peggy Wi~-,~ '
Clerk -Treasurer
]7
Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonviile
this ~_\ day of October 2003.
Peggy W~
Clerk -Treasurer
This Ordinance approved and signed by me this C~ ~'/~'day of
October 2003.
"-Mayor, Thomas R. Gal~a~ ,/
H:\LegaJ\Ordinances'~AmendingFIoodPlain(940R4O)[l].dcc
City of Jeffersonville
Ordinance No. 94OR40
Recommended Changes to Jeffersonville
Ordinance No. 94-OR-40
Text to be deleted is shown with text strikethrough
Text to be added is shown with text bold
SECTION 3. DEFINITIONS. For the purpose of this ordinance, the following
definitions are adopted:
Development- any man-made change to improved or unimproved real
estate including but not limited to:
Construction, reconstruction, or placement of a building or any
dditi ,..~,,..,~
a on to a building v ..................... ,
SECTION 4. DUTIES OF THE ADMINISTRATOR.
The City Building Commissioner shall implement this ordinance and hereafter be
referred to as the Zoning Administrator. The Zoning Administrator for the City of
Jeffersonville is appointed to review all development and subdivision proposals to
ensure compliance with this ordinance, including but not limited to the following
duties:
Ensure that construction authorization has been granted by the Indiana
Natural Resources Commission for all development projects subject to
Section 7 of this ordinance, and maintain a record of such
authorization (either copy of actual permit, or !ctter cf mccmm~nd3t!cn
floodplain analysis and regulatory assessment).
Maintain for public inspection and furnish upon request regulatory
flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters
of Map Revision (LOMR), copies of DNR permits and letterer
rcccmm~ndct!cn floodplain analysis and regulatory assessments,
federal permit documents, and "as-built" elevation and floodprooflng
data for all building constructed subject to this ordinance.
Notify adjacent communities and the State Coordinating Office
prior to any alteration or relocation of a watercourse, and submit
copies of such notification to FEMA.
SECTION 6. IMPROVEMENT LOCATION PERMIT.
No person, firm, corporation, or governmental body not exempted by state law
shall commence any "development" in the SFHA without first obtaining an
Improvement Location Permit from the Zoning Administrator. The Zoning
Administrator shall not issue an Improvement Location Permit if the proposed
"development" does not meet the requirements of this ordinance.
Upon receipt of an application for an Improvement Location Permit, the
Zoning Administrator shall determine if the site is located within an
identified floodway, floodway fringe or within the floodplain where the
limits of the floodway have not yet been determined.
If the site is an identified floodway the Zoning Administrator shall
require the applicant to forward the application, along with all
pertinent plans and specifications, to the Department of Natural
Resources and apply for a permit for construction in a floodway.
Under the provisions of lC 13 2 22 lC '14-28-1 a permit from the
Natural Resources Commission is required prior to the issuance
of a local building permit for any excavation, deposit,
construction or obstruction activity located in the floodway. This
includes land preparation activities such as filing, grading,
clearing and paving etc. undertaken before the actual start of
construction of the building.
No action shall be taken by the Zoning Administrator until a
permit has been issued by the Natural Resources Commission
granting approval for construction in the floodway. Once a
permit has been issued by the Natural Resources Commission,
the Zoning Administrator may issue the local Improvement
Location Permit, provided the provisions contained in Sections 7
and 8 of this ordinance have been met. The Improvement
Location Permit cannot be less restrictive than the permit issued
by the Natural Resources Commission.
If the site is in an identified floodplain where the limits of the
floodway and floodway fringe have not yet been determined, and
the drainage area upstream of the site is greater than one square
mile, the Zoning Administrator shall require the applicant to forward
the application, along with all pertinent plans and specifications, to
the Department of Natural Resources for review and comment.
No action shall be taken by the Zoning Administrator until either a
permit for construction in the floodway or a ~
reccmmc,",dctlc,", floodplain analysis and regulatory assessment
citing the 100 year flood elevation and the recommended Flood
Protection Grade has been received from the Department of
Natural Resources.
Once the Zoning Administrator has received the proper permit or
i~r ..~ ........ .~..~;,.n ~ nn~n ~in analysis and regulatory
assessment approving the proposed development, an
Improvement Location Permit may be issued provided the
conditions of the Improvement Location Permit are not less
restrictive than the conditions received from the Department of
Natural Resources and the provisions contained in Sections 7 and
8 of this ordinance have been met.
If the site is in an identified floodplain where the limits of the
floodway and floodway fringe have not yet been determined
and the drainage area upstream of the site is less than one
square mile, the Zoning Administrator shall require the
applicant to provide an engineering analysis showing the
limits of the floodway, floodway fringe and 100 year elevation
for the site.
Upon receipt, the Zoning Administrator may issue the local
Improvement Location Permit, provided the provisions
contained in Sections 7 and 8 of this ordinance have been met.
SECTION 7. PREVENTING INCREASED DAMAGES.
No development in the SFHA shall create a damaging or potentially damaging
increase in flood heights or velocity or threat to public health and safety.
Within the floodway identified on the Flood Boundary and Floodway
Map, the Flood Insurance Rate Map, or engineering analysis as
provided in Section 6.b.4, the following standards shall apply:
c. Public Health Standards in all SFHAs
No development in the SFHA shall include locating or storing
chemicals, explosives, buoyant materials, flammable liquids,
pollutants, or other hazards or toxic materials below the Flood
Protection Grade, unless such materials are stored in a flood-
proofed storage tank or building constructed according to the
requirements of Section 8 of this ordinance.
New and replacement sanitary sewer lines and on-site waste
disposal systems may be permitted providing all manholes or
other above ground openings are located above the FPGh FPG,
or those which are located below the FPG are watertight.
SECTION 8. PROTECTING BUILDINGS.
In addition to the damage prevention requirements of Section 7, all buildings to
be located in the SFHA shall be protected from flood damage below the FPG.
a. This building protection requirement applies to the following situations:
COP, ............ ~, ................ .' .............= .............
Construction or placement of any new building having a floor
area greater than 400 square feet;
2. Structural alterations made to:
(a.)
an existing (previously unaltered) building, the cost
of which equals or exceeds 50% of the value of the
pre-altered building (excluding the value of the land);
(b.) any previously altered building;
3. Reconstruction or repairs made to a damaged building that are
valued at more than 50% of the market value of the building (excluding
the value of the land) before damage occurred;
4.Installing a manufactured home on a new site or a new manufactured
home on an existing site. This ordinance does not apply to returning
the existing manufactured home to the same site it lawfully occupied
before it was removed to avoid flood damage; and
$. Installing a travel trailer or recreational vehicle on a site for more
than 180 days.
This building protection requirement may be met by one of the
following methods. The Zoning Administrator shall maintain a record
of compliance with these building protection standards as required in
Section 4 of this ordinance.
4
Manufactured homes and recreational vehicles to be installed or
substantially improved on a site for more than 180 days must meet
one of the following anchoring requirements:
(b).
This requirement applies to all manufactured homes to be
placed on a site in an existing manufactured home park or
subdivision that has not bee been substantially damaged by
a flood.
The manufactured home shall be elevated so that the lowest
floor of the manufactured home chassis is supported by reinforced
piers or other foundation elements that are no less than 36 inches
in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
SECTION 9. OTHER DEVELOPMENT REQUIREMENTS.
All owners of manufactured home parks or subdivisions located within
SFHA identified as Zone A on the community's FHBM or FURM FIRM
shall develop an evacuation plan for those lots located in the SFHA
and file it with the local Plan Commission and have it filed with ad
approved by the appropriate community emergency management
authorities.
SECTION 13. ABROGATION AND GREATER RESTRICTIONS.
This ordinance repeals and replaces other ordinances adopted by the City to
fulfill the requirements of the National Flood Insurance Program. However, this
ordinance does not repeal the original resolution or ordinance adopted to achieve
eligibility in the Program. Nor does this ordinance repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. Where this ordinance and
other ordinance easements, covenants, or deed restrictions conflict or overlap,
whichever imposes the more stringent restrictions shall take precedence. In
addition, the City shall assume that all National Flood Insurance Program
regulations and l:;','c (3107, ~ ! !, !C !3 2 22 and !3 2 22.5) (44CFR §60) as
well as Indiana laws and regulations regarding floodplain issues (312 lAC
10, lC 14-28-1 and lC 14-28-3) are met.
5
The Natural Resources Commission approved proposed rule changes (312
IACIO) that will govern construction activities in floodplains (flood hazard areas)
and provides coordination with standards applicable to navigable waterways.
These changes were prepared in response to the authorities and directives in lC
14-28-'1, P.L. 35-1993 (portions of which were subsequently codified at lC 14-28-
2), and lC 14-28-3. 312 lAC 10, which repeals 3'10 lAC 6-'1, became effective
January 1, 2002. Although most of the proposed changes are for clarification,
one significant change was made regarding opening requirements.
The new opening requirement is less restrictive than the previous requirements
and is now equivalent to the federal requirements found in 44 CFR § 60. Your
community now has the option of re/axing their floodplain regulations in this
regard. The optional changes are shown below:
SECTION 3. DEFINITIONS.
Lowest Floor
(4)(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) having a
total area of onc
one (1) square inch for every square foot of enclosed
area subject to flooding. The bottom of all such openings
shall be no higher than one (1) foot above grade.
SECTION 8. PROTECTIVE BUILDINGS.
b.2. (a). (1). Walls of any enclosure below the elevated floor shall be
designed to automatically equalize hydrostatic flood forces on the walls by
allowing for the entry and exit of flood waters, through providing a minimum of
two openings (in addition to doorways and windows) having a total area of erie
(I) ...... ~""' ~ ........ ~.::c ~'~ ....... ~'~'~'+ (1) square inch for every
~-~ .............. ., ~_/,,,~ ........ one
square foot of enclosed area subject to flooding. The bottom of all such opening
shall be no higher than one (1) foot above grade.
6
This Ordinance shall be in full force and effect from and after its passage
and approval.
Passed this
day of October 2003
ATTEST:
Thomas R. Galligan
Presiding Officer, Common Council
Peggy Wilder
Clerk -Treasurer
Presented by me as CLerk and Treasurer to the Mayor of said City of
Jeffersonville this day of October 2003.
Peggy Wilder
Clerk -Treasurer
This Ordinance approved and signed by me this
October 2003.
day of
Mayor, Thomas R. Galligan
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