HomeMy WebLinkAbout2024-OR-38 Flood Damage Prevention Ordinance (Repealing & Replacing 2022-OR-44) ORDINANCE NO. 2024-OR-
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
FLOOD DAMAGE PREVENTION ORDINANCE(REPEALING AND REPLACING 2022-OR-44)
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
Section A. Statutory Authorization
Section B. Findings of Fact
Section C. Statement of Purpose
Section D. Methods of Reducing Flood Loss
ARTICLE 2. Definitions
ARTICLE 3. General Provisions
Section A. Lands to Which This Ordinance Applies
Section B. Basis for Establishing the Areas of Special Flood Hazard
Section C. Establishment of Floodplain Development Permit
Section D. Compliance
Section E. Abrogation and Greater Restrictions
Section F. Discrepancy between Mapped Floodplain and Actual Ground Elevations
Section G. Interpretation
Section H. Warning and Disclaimer of Liability
Section I. Penalties for Violation
ARTICLE 4. ADMINISTRATION
Section A. Designation of Administrator
Section B. Floodplain Development Permit and Certification Requirements
Section C. Duties and Responsibilities of the Administrator
Section D. Administrative Procedures
Section E. Map Maintenance Activities
Section F. Variance Procedures
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
Section A. Floodplain Status Standards
1. Standards for Identified Floodways
2. Standards for Identified Fringe
3. Standards for SFHAs without Established Base Flood Elevation and/or Floodways/Fringe
4. Standards for SFHAs not Identified on a Map
Section B. General Standards
Section C. Specific Standards
1. Building Protection Requirement
2. Residential Construction(excluding manufactured homes)
3. Non-Residential Construction
4. Manufactured Homes and Recreational Vehicles
5. Accessory Structures
6. Pavilions, Gazebos, Decks, Carports, and Similar Development
7. Above Ground Gas or Liquid Storage Tanks
Section D. Standards for Subdivision Proposals
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Section E. Standards for Critical Facilities
ARTICLE 6. LEGAL STATUS PROVISIONS
Section A. Severability
Section B. Effective Date
FLOOD DAMAGE PREVENTION ORDINANCE
Article 1. Statutory Authorization, Findings of Fact, Purpose, and Methods
Section A. Statutory Authorization
The Indiana Legislature has in IC 36-1-4-11 granted the power to local government units to control land use
within their jurisdictions. Therefore, the City Council of the City of Jeffersonville of does hereby adopt the
following floodplain management regulations.
Section B. Findings of Fact
The flood hazard areas of the City of Jeffersonville are subject to periodic inundation which results in loss of life
and property,health and safety hazards,disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare. Additionally, structures that are inadequately elevated, floodproofed,
or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such
damages and to achieve the purposes hereinafter set forth,these regulations are adopted.
Section C. Statement of Purpose
It is the purpose of this ordinance 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:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the
expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and
sewer lines, streets, and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in
such a manner as to minimize flood blight area;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties within and near flood prone areas;
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(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural,beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.
Section D. Methods of Reducing Flood Loss
In order to accomplish its purposes,these regulations include methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards,
or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against
flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which
help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood
damage; and,
(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or
which may increase flood hazards in other areas.
Article 2. Definitions
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give
them meaning they have in common usage and to give these regulations the most reasonable application.
Accessory Structure means a structure with a floor area of 400 square feet or less that is on the same parcel of
property as a principal structure and the use of which is incidental to the use of the principal structure;an accessory
structure specifically excludes structures used for human habitation.
(1) Accessory structures are considered walled and roofed where the structure includes at least two outside
rigid walls and a fully secured roof.
(2) Examples of accessory structures include but are not necessarily limited to two-car detached garages (or
smaller), carports, storage and tool sheds, and small boathouses.
(3) The following may have uses that are incidental or accessory to the principal structure on a parcel but are
generally not considered to be accessory structures by the NFIP:
a. Structures in which any portion is used for human habitation, whether as a permanent residence or as
temporary or seasonal living quarters, such as a detached garage or carriage house that includes an
apartment or guest quarters, or a detached guest house on the same parcel as a principal residence;
b. Structures used by the public, such as a place of employment or entertainment; and,
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c. Development that does not meet the NFIP definition of a structure for floodplain management
purposes. Examples includes,but are not necessarily limited to, a gazebo, pavilion, picnic shelter, or
carport that is open on all sides(roofed but not walled).
Addition(to an existing structure)means any walled and roofed expansion to the perimeter of a structure in which
the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition,
which is connected by a firewall or is separated by independent perimeter load-bearing walls,is new construction.
Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment,
channelization,or change in cross-sectional area of the channel or the channel capacity,or any other modification
which may alter, impede, retard or change the direction and/or velocity of the flow of water during conditions of
the base flood.
Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this
ordinance, a request for a variance, or a challenge of a board decision.
Area of special flood hazard is the land within a community subject to a one percent(1%) or greater chance of
being flooded in any given year.
Base flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.
The base flood may also be referred to as the 1%annual chance flood or one hundred(100) year flood.
Base Flood Elevation(BFE)means the water surface elevation of the base flood in relation to a specified datum,
usually the North American Vertical Datum of 1988.
Basement means that portion of a structure having its floor sub-grade (below ground level)on all sides.
Best Available Flood Layer(BAFL)means floodplain studies and any corresponding floodplain maps prepared
and/or approved by the Indiana Department of Natural Resources which provide base flood elevation information
and/or floodway delineations for flood hazards identified by approximate studies on the currently effective FIRM
(Zone A) and/or for waterways where the flood hazard is not identified on available floodplain mapping.
Building—See "Structure."
Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the
areas within its jurisdiction.
Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities
include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response
installations, and installations which produce, use or store hazardous materials or hazardous waste.
Development means, for floodplain management purposes, any man-made change to improved or unimproved
real estate including but not limited to:
(1) construction, reconstruction, or placement of a structure or any addition to a structure;
(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;
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(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 boat lifts, docks,piers and seawalls;
(7) construction and/or reconstruction of, bridges or culverts;
(8) storage of materials; or
(9) 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 structures and facilities such
as painting; re-roofing; resurfacing roads; or, gardening, plowing, and similar agricultural practices that do
not involve filling, grading, excavation, or the construction of permanent structures.
Elevation Certificate means a FEMA form that is routinely reviewed and approved by the White House Office
of Management and Budget under the Paperwork Reduction Act,that is encouraged to be used to collect certified
elevation information.
Enclosed area (enclosure) is an area of a structure enclosed by walls on all sides.
Enclosure below the lowest floor. See "Lowest Floor"and"Enclosed Area."
Existing 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 the community's first floodplain ordinance.
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 of utilities,the construction of streets,and either final site grading or the pouring of concrete pads).
FEMA means the Federal Emergency Management Agency.
Fill for floodplain management purposes, means any material deposited or placed which has the effect of raising
the level of the ground surface above the natural grade elevation. Fill material includes but is not limited to
consolidated material such as concrete and brick and unconsolidated material such as soil,sand,gravel,and stone.
Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry
land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
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(3) Mudslides(i.e.,mudflows)which are proximately caused by flooding and are akin to a river of liquid and
flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
Flood or flooding also includes the collapse or subsidence of land along the shore of a lake or similar body of
water as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical
levels that result in a flood as defined above.
Flood hazard area means areas subject to the one percent(1%)annual chance flood. (See"Special Flood Hazard
Area")
Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study(FIS)means the official hydraulic and hydrologic report provided by FEMA. The report
contains flood profiles, as well as the FIRM and the water surface elevation of the base flood.
Flood prone area means any land area acknowledged by a community as being susceptible to inundation by
water from any source. (See "Floodplain")
Flood Protection Grade(FPG)is the BFE plus two(2)feet at any given location in the SFHA.(See"Freeboard")
Floodplain or flood prone area means any land area susceptible to being inundated by water from any source.
(See"Flood")
Floodplain management means the operation of an overall program of corrective and preventive measures for
reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain,
including but not limited to emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control
ordinance), and other applications of police power which control development in flood-prone areas. The term
describes such state or local regulations in any combination thereof, which provide standards for the purpose of
flood damage prevention and reduction.
Floodproofing(dry floodproofing) is a method of protecting a structure that ensures that the structure,together
with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that
are substantially impermeable to the passage of water. All structural components of these walls are capable of
resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris
impact forces.
Floodproofing certificate is a form used to certify compliance for non-residential structures as an alternative to
elevating structures to or above the FPG.
Floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulative increasing the water surface elevation more than a designated
height.
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Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes
of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood
heights greater than those calculated for the base flood.
Fringe or Flood Fringe is the portion of the floodplain lying outside the floodway.
Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried
out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
Hardship (as related to variances of this ordinance) means the exceptional hardship that would result from a
failure to grant the requested variance. The City of Jeffersonville Board of Zoning Appeals requires that the
variance is exceptional,unusual,and peculiar to the property involved.Mere economic or financial hardship alone
is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the
disapproval of one's neighbors likewise cannot,as a rule,qualify as an exceptional hardship.All of these problems
can be resolved through other means without granting a variance, even if the alternative is more expensive, or
requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of
construction, next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by the Department of
the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic preservation programs
which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified by (a) an approved state program as determined by the Secretary of
Interior, or(b)directly by the Secretary of Interior in states without approved programs.
Hydrologic and hydraulic engineering analysis means analyses performed by a professional engineer licensed
by the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana
Department of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood
elevations, floodway information and boundaries, and flood profiles.
International Code Council-Evaluation Service (ICC-ES) Report means a document that presents the
findings, conclusions, and recommendations from a particular evaluation. ICC-ES reports provide information
about what code requirements or acceptance criteria were used to evaluate a product,and how the product should
be identified, installed.
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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.
Letter of Map Change(LOMC)is a general term used to refer to the several types of revisions and amendments
to FEMA maps that can be accomplished by letter. They are broken down into the following categories:
(1) Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project that
would, upon construction, result in modification of the SFHA through the placement of fill outside the
existing regulatory floodway.
(2) Conditional Letter of Map Revision Based on Fill(CLOMR-F)means a letter from FEMA stating that
a proposed structure that will be elevated by fill would not be inundated by the base flood.
(3) Letter of Map Amendment (LOMA) means an amendment by letter to the currently effective FEMA
map that establishes that a building or of land is not located in a SFHA through the submittal of property
specific elevation data. A LOMA is only issued by FEMA.
(4) Letter of Map Amendment Out as Shown (LOMA-OAS) means an official determination by FEMA
that states the property or building is correctly shown outside the SFHA as shown on an effective NFIP
map. Therefore, the mandatory flood insurance requirement does not apply. An out-as-shown
determination does not require elevations.
(5) Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map. It is
issued by FEMA and changes flood zones, delineations, and elevations.
(6) Letter of Map Revision Based on Fill(LOMR-F)means FEMA's modification of the SFHA shown on
the FIRM based on the placement of fill outside the existing regulatory floodway.
Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk,
patio, deck support, or basement entryway immediately next to the structure.
Lowest floor means, for floodplain management purposes,the lowest elevation described among the following:
(1) The lowest floor of a building.
(2) The basement floor.
(3) The garage floor if the garage is connected to the building.
(4) The first floor of a structure elevated on pilings or pillars.
(5) 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 floodwaters. Designs for meeting the flood
opening requirement must either be certified by a registered professional engineer or architect or meet
or exceed the following criteria:
a. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by
allowing for the entry and exit of floodwaters.
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b. At least two (2) openings are designed and maintained for the entry and exit of floodwater; and
these openings provide a total net area of at least one (1) square inch for every one (1) square foot
of enclosed area. The bottom of all such openings shall be no higher than one (1) foot above the
exterior grade or the interior grade immediately beneath each opening, whichever is
higher. Doorways and windows do not qualify as openings.
(6) The first floor of a building elevated on pilings or columns in a coastal high hazard area(as that term
is defined in 44 CFR 59.1), as long as it meets the requirements of 44 CFR 60.3.
Manufactured home means a structure, transportable in one or more sections, which is built on a 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."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
Mitigation means sustained actions taken to reduce or eliminate long-term risk to people and property from
hazards and their effects. The purpose of mitigation is twofold: to protect people and structures,and to minimize
the cost of disaster response and recovery.
Natural grade for floodplain management purposes means the elevation of the undisturbed natural surface of the
ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also
considered natural grade.
New construction for floodplain management purposes means any structure for which the"start of construction"
commenced on or after the effective date of a floodplain management regulations adopted by a community and
includes any subsequent improvements to such structures.
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 final site grading or the pouring of
concrete pads) is completed on or after the effective date of the community's first floodplain ordinance.
North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used as a
reference for establishing varying elevations within the floodplain.
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment,
protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure,vegetation,or other material in,along,across or projecting into any watercourse which may alter,impede,
retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or
collect debris carried by the flow of water, or its likelihood of being carried downstream.
One-percent annual chance flood is the flood that has a one percent (1%) chance of being equaled or exceeded
in any given year. See"Regulatory Flood".
Physical Map Revision(PMR)is an official republication of a community's FEMA map to effect changes to base
(1-percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and
planimetric features. These changes typically occur as a result of structural works or improvements, annexations
resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.
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Prefabricated Building is a building that is manufactured and constructed using prefabrication. It consists of
factory-made components or units that are transported and assembled on-site to form the complete building.
Principally above ground means that at least 51 percent of the actual cash value of the structure, less land value,
is above ground.
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;
(4) designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel,
or seasonal use.
Regulatory flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given
year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of
Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any
location is as defined in Article 3, B of this ordinance. The "Regulatory Flood" is also known by the term "Base
Flood", "One-Percent Annual Chance Flood", and"100-Year Flood".
Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year
period for which the cost of repairs at the time of each such flood event,on the average,equaled or exceeded 25%
of the market value of the structure before the damage occurred.
Riverine means relating to, formed by, or resembling a river(including tributaries), stream, brook, etc.
Solid waste disposal facility means any facility involved in the storage or disposal of non-liquid, non-soluble
materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous
substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes,
and liquids and gases stored in containers.
Special Flood Hazard Area (SFHA), synonymous with"areas of special flood hazard" and floodplain, means
those lands within the jurisdiction of the City of Jeffersonville subject to a one percent or greater chance of
flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management
Agency on Flood Insurance Rate Maps, Flood Insurance Studies as Zones A, AE, AH, AO, Al-30 or A99. The
SFHA includes areas that are flood prone and designated from other federal, state or local sources of data
including but not limited to best available flood layer maps provided by or approved by the Indiana Department
of Natural Resources, historical flood information reflecting high water marks, previous flood inundation areas,
and flood prone soils associated with a watercourse.
Start of construction includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction,repair,reconstruction, or improvement was within 180 days of the
permit date. The actual start means either the first placement of permanent construction of a structure on a
site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it include the
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installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers,
foundations, or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement,the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building,whether or not that alteration affects the external dimensions of the
building.
Structure means a walled and roofed building,including a gas or liquid storage tank,which is principally above
ground. The term includes a manufactured home, as well as a prefabricated building. It also includes
recreational vehicles installed on a site for more than 180 consecutive days.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial improvement means 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.
Variance is a grant of relief from the requirements of this ordinance consistent with the variance conditions
herein.
Violation means the failure of a structure or other development to be fully compliant with this ordinance.
Walled and roofed means a building that has two or more exterior rigid walls and a fully secured roof and is
affixed to a permanent site.
Watercourse means a lake, river, creek, stream, wash, channel, or other topographic feature on or over which
waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood
damage may occur.
Article 3. General Provisions
Section A. Lands to Which This Ordinance Applies
This ordinance shall apply to all areas of special flood hazard (SFHAs) within the jurisdiction of the City of
Jeffersonville as identified in Article 3, Section B,including any additional areas of special flood hazard annexed
by the City of Jeffersonville.
Section B. Basis for Establishing the Areas of Special Flood Hazard
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction
of the City of Jeffersonville, delineated as an"AE Zone" on the Clark County, Indiana and Incorporated
Areas Flood Insurance Rate Map dated April 16, 2014 shall be determined from the one-percent annual
chance flood profiles in the Flood Insurance Study of Clark County, Indiana and Incorporated Areas and
the corresponding Flood Insurance Rate Maps (FIRM) dated April 16, 2014 as well as any subsequent
updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the
most recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a
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studied SFHA designated as an "AE Zone", the limits of the floodway will be according to the best
available layer as provided by the Indiana Department of Natural Resources.
(2) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction
of the City of Jeffersonville, delineated as an "A Zone" on the Clark County, Indiana and Incorporated
Areas Flood Insurance Rate Map, dated April 16, 2014, as well as any subsequent updates, amendments,
or revisions,prepared by the Federal Emergency Management Agency with the most recent date, shall be
according to the best available flood layer provided by the Indiana Department of Natural Resources,
provided the upstream drainage area from the subject site is greater than one square mile. Whenever a
party disagrees with the best available flood layer,the party needs to replace existing data with better data
that meets current engineering standards. To be considered, this data must be submitted to the Indiana
Department of Natural Resources for review and subsequently approved.
(3) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory
flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone
areas shall be according to the best available flood layer as provided by the Indiana Department of Natural
Resources,provided the upstream drainage area from the subject site is greater than one square mile.
(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.
Section C. Establishment of Floodplain Development Permit
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior
to the commencement of any development activities in areas of special flood hazard.
Section D. Compliance
(1) No structure shall hereafter be located, extended, converted or structurally altered within the SFHA
without full compliance with the terms of this ordinance and other applicable regulations.
(2) Where an existing or proposed structure or other development is affected by multiple flood zones, by
multiple base flood elevations, or both,the development activity must comply with the provisions of this
ordinance applicable to the most restrictive flood zone and the most conservative (highest) base flood
elevation affecting any part of the existing or proposed structure; or for other developments, affecting any
part of the area of the development.
(3) No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of
this ordinance and other applicable regulations.
Section E. Abrogation and Greater Restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
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Section F. Discrepancy between Mapped Floodplain and Actual Ground Elevations
(1) In cases where there is a discrepancy between the mapped floodplain(SFHA)with base flood elevations
provided (riverine or lacustrine Zone AE) on the FIRM and the actual ground elevations, the elevation
provided on the profiles or table of still water elevations shall govern.
(2) If the elevation of the site in question is below the base flood elevation, that site shall be included in the
SFHA and regulated accordingly.
(3) If the natural grade elevation of the site in question is at or above the base flood elevation and a LOMA
or LOMR-FW is obtained, the floodplain regulations will not be applied provided the LOMA or LOMR-
FW is not subsequently superseded or invalidated.
Section G. Interpretation
In the interpretation and application of this ordinance all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Section H. Warning and 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 City of
Jeffersonville, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that
results from reliance on this ordinance, or any administrative decision made lawfully thereunder.
Section 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 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.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The City of Jeffersonville Flood Plain Administrator 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.
(3) 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.
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Article 4. Administration.
Section A. Designation of Administrator
The City Council of the City of Jeffersonville hereby appoints the Building Commissioner to administer and
implement the provisions of this ordinance and is herein referred to as the Floodplain Administrator.
Section B. Floodplain Development Permit and Certification Requirements
An application for a floodplain development permit shall be made to the Floodplain Administrator for all
development activities located wholly within,partially within,or in contact with an identified special flood hazard
area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to
as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose.
Such applications shall include, but not be limited to plans 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. For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an
existing building, a detailed quote and description of the total work to be completed including but not
limited to interior work, exterior work, and labor as well as a certified valuation of the existing (pre-
improved or pre-damaged) structure;
f. Verification that connection to either a public sewer system or to an approved on-site septic system is
available and approved by the respective regulatory agency for proposed structures to be equipped
with a restroom, kitchen or other facilities requiring disposal of wastewater;
g. Plans showing elevation of the top of the planned lowest floor (including basement) of all proposed
structures in Zones A or AE. Elevation should be in NAVD 88;
h. Plans showing elevation(in NAVD 88)to which any non-residential structure will be floodproofed;
i. Plans showing location and specifications for flood openings for any proposed structure with enclosed
areas below the flood protection grade;
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j. Plans showing materials to be used below the flood protection grade for any proposed structure are
flood resistant;
k. Plans showing how any proposed structure will be anchored to resist flotation or collapse;
1. Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and
other service facilities are designed and/or located. Elevation should be in NAVD 88;
m. Description of the extent to which any watercourse will be altered or relocated as a result of proposed
development. A hydrologic and hydraulic engineering analysis is required, and any watercourse
changes submitted to DNR for approval. Once DNR approval is obtained,a FEMA Conditional Letter
of Map Revision must be obtained prior to construction. (See Article 4, Section C (8) and Article 4,
Section E for additional information.)
n. Any additional information,as requested by the Floodplain Administrator,which may be necessary to
determine the disposition of a proposed development or structure with respect to the requirements of
this ordinance.
(2) Construction Stage.
a. Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall
be the duty of the applicant to submit to the Floodplain Administrator an elevation certificate for the
building under construction. The Floodplain Administrator shall review the elevation certificate. Any
deficiencies detected during the review shall be corrected by the applicant before work is allowed to
continue. Failure to submit the survey or failure to make said corrections required hereby shall be
cause to issue a stop-work order for the project.
(3) Finished Construction.
a. Upon completion of construction of an elevated structure or structure constructed on fill, an elevation
certificate which depicts the "as-built" lowest floor elevation and other applicable elevation data is
required to be submitted by the applicant to the Floodplain Administrator. The elevation certificate
shall be prepared by or under the direct supervision of a registered land surveyor and certified by the
same.
b. Upon completion of construction of a floodproofing measure, a floodproofing certificate is required
to be submitted by the applicant to the Floodplain Administrator. The floodproofing certificate shall
be prepared by or under the direct supervision of a registered professional engineer or architect and
certified by same.
Section C. Duties and Responsibilities of the Floodplain Administrator
The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions
of this ordinance. The administrator is further authorized to render interpretations of this ordinance, which are
consistent with its spirit and purpose.
Duties and Responsibilities of the Floodplain Administrator shall include, but are not limited to:
(1) Enforce the provisions of this ordinance.
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(2) Evaluate application for permits to develop in special flood hazard areas to assure that the permit
requirements of this ordinance have been satisfied.
(3) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(4) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been
met or refuse to issue the same in the event of noncompliance.
(5) Advise permittee that additional Federal, State and/or local permits may be required. If specific Federal,
State and/or local permits are known, require that copies of such permits be provided and maintained on
file with the floodplain development permit.
(6) Conduct substantial damage determinations to determine whether existing structures, damaged from any
source and in special flood hazard areas identified by FEMA, must meet the development standards of
these regulations.
(7) For applications to improve structures,including alterations,movement,enlargement,replacement,repair,
change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of
substantial damage, and any other improvement of or work on such buildings and structures, the
Floodplain Administrator shall:
a. Verify and document the market value of the pre-damaged or pre-improved structure;
b. Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre-
damaged condition; or, the combined costs of improvements and repair, if applicable, to the market
value of the pre-damaged or pre-improved structure. The cost of all work must be included in the
project costs,including work that might otherwise be considered routine maintenance. Items/activities
that must be included in the cost shall be in keeping with guidance published by FEMA to ensure
compliance with the NFIP and to avoid any conflict with future flood insurance claims of
policyholders within the community;
c. Determine and document whether the proposed work constitutes substantial improvement or repair of
substantial damage; the determination requires evaluation of previous permits issued for
improvements and repairs as specified in the definition of"substantial improvement' for proposed
work to repair damage caused by flood, the determination requires evaluation of previous permits
issued to repair flood-related damage as specified in the definition of substantial damage; and
d. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of
substantial damage and that compliance with the applicable general and specific standards in Article
5 of this ordinance are required.
(8) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of
a watercourse and submit copies of such notifications to FEMA.
(9) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources
for all development projects subject to Article 5, Section A(1), Section A(3)(a)and Section A(4)of this
ordinance. Maintain a record of such authorization (either copy of actual permit/authorization or
floodplain analysis/regulatory assessment).
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(10) Verify the upstream drainage area of any proposed development site near any watercourse not identified
on a FEMA map to determine if Article 4, Section C (9) is applicable.
(11) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the
flood-carrying capacity is not diminished.
(12) Verify and record the actual elevation of the lowest floor(including basement)of all new or substantially
improved structures, in accordance with Article 4, Section B.
(13) Verify and record the actual elevation to which any new or substantially improved structures have been
floodproofed in accordance with Article 4, Section B.
(14) Make on-site inspections of projects in accordance with Article 4, Section D.
(15) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood-damaged
structure covered by a standard flood insurance policy into compliance (either a substantially damaged
structure or a repetitive loss structure)to ensure eligibility for ICC funds.
(16) Ensure that an approved connection to a public sewer system or an approved on-site septic system is
planned for any proposed structures(residential or non-residential)to be equipped with a restroom,kitchen
or other facilities requiring disposal of wastewater.
(17) Provide information,testimony, or other evidence as needed during variance hearings.
(18) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in
accordance with Article 4, Section D.
(19) Maintain for public inspection and furnish upon request local permit documents, damaged structure
inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map
Change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory
assessments (letters of recommendation), federal permit documents, and "as-built" elevation and
floodproofing data for all buildings constructed subject to this ordinance in accordance with Section
Article 4, Section D.
(20) Coordinate map maintenance activities and associated FEMA follow-up in accordance with Article 4,
Section E.
(21) Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by
FEMA for the currently effective SFHA maps of the community.
(22) Request any additional information which may be necessary to determine the disposition of a proposed
development or structure with respect to the requirements of this ordinance.
Section D. Administrative Procedures
(1) Inspections of Work in Progress.As the work pursuant to a permit progresses,the floodplain administrator
shall make as many inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and terms of the permit. In exercising this power, the
administrator has a right, upon presentation of proper credential, to enter on any premises within the
territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
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(2) Stop Work Orders.
a. Upon notice from the floodplain administrator, work on any building, structure or premises that is
being done contrary to the provisions of this ordinance shall immediately cease.
b. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to
the person doing the work, and shall state the conditions under which work may be resumed.
(3) Revocation of Permits.
a. The floodplain administrator may revoke a permit or approval, issued under the provisions of the
ordinance, in cases where there has been any false statement or misrepresentation as to the material
fact in the application or plans on which the permit or approval was based.
b. The floodplain administrator may revoke a permit upon determination by the floodplain administrator
that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of
the structure for which the permit was issued is in violation of,or not in conformity with,the provisions
of this ordinance.
(4) Floodplain Management Records.
a. Regardless of any limitation on the period required for retention of public records, records of actions
associated with the administration of this ordinance shall be kept on file and maintained under the
direction of the Floodplain Administrator in perpetuity. These records include permit applications,
plans,certifications,Flood Insurance Rate Maps;Letter of Map Change;records of issuance of permits
and denial of permits; determinations of whether proposed work constitutes substantial improvement
or repair of substantial damage; required design certifications and documentation of elevations
required by this ordinance; notifications to adjacent communities, FEMA, and the state related to
alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be
maintained; documentation related to appeals and variances, including justification for issuance or
denial; and records of enforcement actions taken pursuant to this ordinance.
b. These records shall be available for public inspection at City Hall located at 500 Quartermaster Court,
Jeffersonville, Indiana 47130.
(5) Periodic Inspection.Once a project is completed,periodic inspections may be conducted by the Floodplain
Administrator to ensure compliance. The Floodplain Administrator shall have a right, upon presentation
of proper credential, to enter on any premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action.
Section E. Map Maintenance Activities
To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that
the City of Jeffersonville flood maps, studies and other data identified in Article 3, Section B accurately represent
flooding conditions so appropriate floodplain management criteria are based on current data, the following map
maintenance activities are identified:
(1) Requirement to Submit New Technical Data
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a. For all development proposals that impact floodway delineations or base flood elevations, the
community shall ensure that technical data reflecting such changes be submitted to FEMA within six
months of the date such information becomes available. These development proposals include:
i. Floodway encroachments that increase or decrease base flood elevations or alter floodway
boundaries;
ii. Fill sites to be used for the placement of proposed structures where the applicant desires to remove
the site from the special flood hazard area;
iii. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area,
including the placement of culverts; and Subdivision or large-scale development proposals
requiring the establishment of base flood elevations.
b. It is the responsibility of the applicant to have required technical data for a Conditional Letter of Map
Revision or Letter of Map Revision and submitted to FEMA. The Indiana Department of Natural
Resources will review the submittals as part of a partnership with FEMA. The submittal should be
mailed to the Indiana Department of Natural Resources at the address provided on the FEMA form
(MT-2)or submitted through the online Letter of Map Change website. Submittal and processing fees
for these map revisions shall be the responsibility of the applicant.
c. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance
of a floodplain development permit for proposed floodway encroachments that increase the base flood
elevation.
d. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the
applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to
this section.
(2) Right to Submit New Technical Data
The Floodplain Administrator may request changes to any of the information shown on an effective map
that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or
planimetric details. Such a submission shall include appropriate supporting documentation made in
writing by the Mayor of the City of Jeffersonville and may be submitted to FEMA at any time.
(3) Annexation/Detachment
Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries
of the City of Jeffersonville have been modified by annexation or the community has assumed authority
over an area, or no longer has authority to adopt and enforce floodplain management regulations for a
particular area. In order that the Clark County,Indiana and Incorporated Areas Flood Insurance Rate Map
accurately represent the City of Jeffersonville boundaries, include within such notification a copy of a
map of the City of Jeffersonville suitable for reproduction, clearly showing the new corporate limits or
the new area for which the City of Jeffersonville has assumed or relinquished floodplain management
regulatory authority.
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Section F. Variance Procedures
(1) The Board of Zoning Appeals (the board) as established by the Jeffersonville City Council shall hear and
decide appeals and requests for variances from requirements of this ordinance.
(2) The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or
determination is made by the Floodplain Administrator in the enforcement or administration of this
ordinance. Any person aggrieved by the decision of the board may appeal such decision to the Clark
County Circuit Court.
(3) In considering upon such applications, the board shall consider all technical evaluations, all relevant
factors, all standards specified in other sections of this ordinance, and:
a. the danger to life and property due to flooding or erosion damage;
b. the danger that materials may be swept onto other lands to the injury of others;
c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
d. the importance of the services provided by the proposed facility to the community;
e. the necessity to the facility of a waterfront location, where applicable;
f. the compatibility of the proposed use with existing and anticipated development;
g. the availability of alternative locations for the proposed use which are not subject to flooding or erosion
damage;
h. the safety of access to the property in times of flood for ordinary and emergency vehicles;
i. the expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters at the
site; and,
j. the costs of providing governmental services during and after flood conditions, including maintenance
and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets
and bridges.
(4) A written report addressing each of the above factors shall be submitted with the application for a variance.
(5) Variances from the provisions of this ordinance shall only be granted when the board can make positive
findings of fact based on evidence submitted at the hearing for the following:
a. A showing of good and sufficient cause.
b. A determination that failure to grant the variance would result in exceptional hardship as defined in
Article 2.
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c. A determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization
of the public, or conflict with existing laws or ordinances.
(6) No variance for a residential use within a floodway subject to Article 5, Section A (1), Section A (3) (a)
or Section A(4)of this ordinance may be granted.
(7) Any variance granted in a floodway subject to Article 5, Section A(1), Section A (3) (a) or Section A(4)
will require a permit from the Indiana Department of Natural Resources. Variances shall not be issued
within any designated regulatory floodway if any increase in flood levels during the base flood discharge
would result.
(8) Variances to the Provisions for Flood Hazard Reduction of Article 5 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.
(9) Variances may be issued for the repair or rehabilitation of"historic structures" upon a determination that
the proposed repair or rehabilitation will not preclude the structure's continued designation as an"historic
structure" and the variance is the minimum to preserve the historic character and design of the structure.
(10)Variances may be issued for new construction, substantial improvements, and other development
necessary for the conduct of a functionally dependent use.
(11)Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard,to afford relief.
(12)Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may
attach such conditions to the granting of variances as it deems necessary to further the purposes of this
ordinance.
(13)Any applicant to whom a variance is granted shall be given written notice specifying the difference
between the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating
that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced
lowest floor elevation.
(14)The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the
Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request.
Article 5. Provisions for Flood Hazard Reduction
Section A. Floodplain Status Standards
(1) Floodways (Riverine)
Located within SFHAs, established in Article 3, Section B, are areas designated as floodways. The
floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential
projectiles, and has erosion potential.
a. Drainage area upstream of the site is greater than one square mile:
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i. Under the provisions of the Flood Control Act (IC 14-28-1) a permit for construction in a
floodway from the Indiana Department of Natural Resources 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 undertaken before the actual start of construction of the structure. General licenses and
exemptions to the requirements of the Flood Control Act(IC 14-28-1 and 312 IAC 10)may apply
to qualified additions/improvements to existing lawful residential structures,rural bridges,logjam
removals, wetland restoration, utility line crossings, outfall projects, creek rock removal, and
prospecting.
ii. The Floodplain Administrator shall require the applicant to forward the application, along with
all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply
for approval for construction in a floodway, provided the activity does not qualify for a general
license or exemption(IC 14-28-1 or 312 IAC 10).
iii. No action shall be taken by the Floodplain Administrator until approval has been granted by the
Indiana Department of Natural Resources for construction in the floodway, or evidence provided
by an applicant that the development meets specified criteria to qualify for a general license or
exemption to the requirement of the Flood Control Act.The Floodplain Development Permit shall
meet the provisions contained in this article.
iv. The Floodplain Development Permit cannot be less restrictive than an approval issued for
construction in a floodway issued by the Indiana Department of Natural Resources, or the
specified criteria used to qualify for a general license or exemption to the Flood Control Act for
a specific site/project. However, a community's more restrictive regulations (if any) shall take
precedence.
v. In floodway areas identified on the FIRM, development shall cause no increase in flood levels
during the occurrence of the base flood discharge without first obtaining a Conditional Letter of
Map Revision and meeting requirements of Article 4, Section E(1). A Conditional Letter of Map
Revision cannot be issued for development that would cause an increase in flood levels affecting
a structure and such development should not be permitted.
vi. In floodway areas identified by the Indiana Department of Natural Resources through detailed or
approximate studies but not yet identified on the effective FIRM as floodway areas, the total
cumulative effect of the proposed development, when combined with all other existing and
anticipated development, shall not 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.
b. Drainage area upstream of the site is less than one square mile:
i. No action shall be taken by the Floodplain Administrator until either:
A. The applicant has provided a hydrologic and hydraulic analyses performed in accordance
with standard engineering practices that the proposed encroachment (including fill, new
construction, substantial improvements, and other development), that the proposed
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encroachment (including fill, new construction, substantial improvements, and other
development)would not result in any increase in flood levels within the community during
the occurrence of the base flood, or
B. The applicant has obtained a Conditional Letter of Map Revision for the proposed
encroachment (including fill, new construction, substantial improvements, and other
development) that fulfills the requirements for such revisions as established under the
provisions of 44 CFR § 65.12.
d. For all projects involving channel modifications or fill (including levees) the City of Jeffersonville
shall submit the data and request that the Federal Emergency Management Agency revise the
regulatory flood data per mapping standard regulations found at 44 CFR § 65.12.
(2) Fringe (Riverine)
If the site is in the fringe(either identified on the FIRM or identified by the Indiana Department of Natural
Resources through detailed or approximate studies and not identified on a FIRM), the Floodplain
Administrator may issue the local Floodplain Development Permit provided the provisions contained in
this article have been met.
(3) SFHAs without Established Base Flood Elevation and/or Floodways/Fringes (Riverine)
a. Drainage area upstream of the site is greater than one square mile:
If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been
determined, and the drainage area upstream of the site is greater than one square mile,the Floodplain
Administrator shall require the applicant to forward the application, along with all pertinent plans and
specifications, to the Indiana Department of Natural Resources for review and comment.
No action shall be taken by the Floodplain Administrator until written approval from the Indiana
Department of Natural Resources (approval for construction in a floodway, letter of authorization, or
evidence of general license qualification)or a floodplain analysis/regulatory assessment citing the one-
percent annual chance flood elevation and the recommended Flood Protection Grade has been received
from the Indiana Department of Natural Resources.
Once the Floodplain Administrator has received the proper written approval, evidence of general
license qualification, or floodplain analysis/regulatory assessment approving the proposed
development from the Indiana Department of Natural Resources, a Floodplain Development Permit
may be issued, provided the conditions of the Floodplain Development Permit are not less restrictive
than the conditions received from the Indiana Department of Natural Resources and the provisions
contained in this section have been met.
b. Drainage area upstream of the site is less than one square mile:
If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been
determined and the drainage area upstream of the site is less than one square mile, the Floodplain
Administrator shall require the applicant to provide an engineering analysis showing the limits of the
floodplain and one-percent annual chance flood elevation for the site.
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Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit,
provided the provisions contained in this article have been met.
(4) SFHAs not Identified on a Map
a. If a proposed development site is near a waterway with no SFHA identified on a map,the Floodplain
Administrator shall verify the drainage area upstream of the site. If the drainage area upstream of the
site is verified as being greater than one square mile, the Floodplain Administrator shall require the
applicant to forward the application, along with all pertinent plans and specifications, to the Indiana
Department of Natural Resources for review and comment.
b. No action shall be taken by the Floodplain Administrator until written approval from the Indiana
Department of Natural Resources (approval for construction in a floodway, letter of authorization, or
evidence of general license qualification)or a floodplain analysis/regulatory assessment citing the one-
percent annual chance flood elevation and the recommended Flood Protection Grade has been received
from the Indiana Department of Natural Resources.
c. Once the Floodplain Administrator has received the proper written approval, evidence of general
license qualification, or floodplain analysis/regulatory assessment approving the proposed
development from the Indiana Department of Natural Resources, a Floodplain Development Permit
may be issued, provided the conditions of the Floodplain Development Permit are not less restrictive
than the conditions received from the Indiana Department of Natural Resources and the provisions
contained in this article have been met.
Section B. General Standards
In all areas of special flood hazard, the following provisions are required:
(1) All new construction and substantial improvements or reconstruction or repairs made to a repetitive loss
structure shall be anchored to prevent flotation, collapse or lateral movement of the structure;
(2) New construction and substantial improvements shall be constructed with materials and utility equipment
resistant to flood damage below the FPG;
(3) New construction and substantial improvements must incorporate methods and practices that minimize
flood damage;
(4) Electrical, heating, ventilation,plumbing, air conditioning equipment, and other service facilities shall
be located at/above the FPG for residential structures. Electrical, heating, ventilation,plumbing, air
conditioning equipment, and other service facilities shall be located at/above the FPG or designed so as
to prevent water from entering or accumulating within the components below the FPG for non-
residential structures. Water and sewer pipes, electrical and telephone lines, submersible pumps, and
other waterproofed service facilities may be located below the FPG;
(5) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system;
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(7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding;
(8) Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the
provisions of this ordinance shall meet the requirements of "new construction" as contained in this
ordinance;
(9) Base flood elevation data shall be provided for subdivision proposals and other proposed development
(including manufactured home parks and subdivisions), which is greater than the lesser of fifty (50) lots
or five(5) acres;
(10)Where an existing or proposed structure or other development is affected by multiple flood zones, by
multiple base flood elevations, or both,the development activity must comply with the provisions of this
ordinance applicable to the most restrictive flood zone and the highest base flood elevation affecting any
part of the existing or proposed structure; or for other developments, affecting any part of the area of the
development.
(11) Fill projects that do not involve a structure must be protected against erosion and scour during flooding
by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper
than 3' horizontal to 1' vertical.
(12)Non-conversion agreements shall be required for all new or substantially improved elevated structures
with an enclosure beneath the elevated floor, accessory structures, and open-sided shelters.
(13)Construction of new solid waste disposal facilities, hazard waste management facilities, salvage yards,
and chemical storage facilities shall not be permitted in areas of special flood hazard; and
Section C. Specific Standards
In all areas of special flood hazard where base flood elevation data or flood depths have been provided, as set
forth in Article 3, Section B,the following provisions are required:
(1) Building Protection Requirement. In addition to the general standards described in Article 5, Section
B, 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 a residential structure;
b. Construction or placement of a non-residential structure;
c. Addition or improvement made to an existing structure 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). An
addition and/or improvement project that is continuous in scope or time is considered as one project
for permitting purposes;
d. Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its
before damaged condition equals or exceeds 50% of the market value of the structure (excluding the
value of the land) before damage occurred (the costs of any proposed additions or improvements
beyond restoring the damaged structure to its before damaged condition must be included in the cost);
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e. Installing a travel trailer or recreational vehicle on a site for more than 180 days;
f. Installing a manufactured home on a new site or a new manufactured home on an existing site.
g. Reconstruction or repairs made to a repetitive loss structure; and
h. Addition or improvement made to any existing structure with a previous repair, addition or
improvement constructed since the community's first floodplain ordinance.
(2) Residential Construction (excluding manufactured homes).
a. New construction or substantial improvement of any residential structures shall meet provisions
described in Article 5, Section A and applicable general standards described in Article 5, Section B.
b. In Zone A and Zone AE, new construction or substantial improvement of any residential structure
shall have the lowest floor; including basement, at or above the FPG. Should solid foundation
perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded
movements of floodwaters shall be provided in accordance with the standards of Article 5, Section C
(2) (c). Should fill be used to elevate a structure, the standards of Article 5, Section C (2) (d) must
be met.
c. Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade
shall meet the following requirement:
i. Designed to preclude finished living space and designed to allow for the automatic entry and exit
of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be
designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1.
Engineered flood openings must be designed and certified by a registered design professional
(requires supporting engineering certification or make/model specific ICC-ES Report), or meet
the following criteria for non-engineered flood openings:
A. Provide a minimum of two openings on different sides of an enclosure. If more than one
enclosed area is present, each must have openings on exterior walls (having a total net area
of not less than one square inch for every one square foot of enclosed area);
B. The bottom of all openings shall be no more than one foot above the higher of the final
interior grade (or floor)and the finished exterior grade immediately under each opening;
C. If the floor of the enclosure is below the BFE, the openings must be located wholly below
the BFE.
D. If the floor of the enclosure is at or above the BFE,but below the FPG,the openings must be
located wholly below the FPG;
E. Doors and windows do not qualify as openings;
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F. Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwaters in both directions;
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.
ii. The floor of such enclosed area must be at or above grade on at least one side.
iii. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
d. A residential structure may be constructed on fill in accordance with the following
i. Fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the
maximum density obtainable with either the Standard or Modified Proctor Test method. The
results of the test showing compliance shall be retained in the permit file;
ii. Fill shall extend 10 feet beyond the foundation of the structure before sloping below the BFE;
iii. Fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or
bulk heading. If vegetative cover is used, the slopes shall be no steeper than 3' horizontal to 1'
vertical;
iv. Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties;
v. Fill shall be composed of clean granular or earthen material.
e. A residential structure may be constructed using a stem wall foundation(also called chain wall,raised-
slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation (also called
chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be backfilled with compacted
structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this
type of construction.
(3) Non-Residential Construction.
a. New construction or substantial improvement of any non-residential structures (excludes accessory
structures) shall meet provisions described in Article 5, Section A and applicable general standards
described in Article 5, Section B.
b. In Zone A and Zone AE,new construction,or substantial improvement of any commercial,industrial,
or non-residential structure(excludes accessory structures)shall either have the lowest floor,including
basement and, elevated to or above the FPG or be floodproofed to or above the FPG. Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the
unimpeded movements of floodwaters shall be provided in accordance with the standards of Article
5, Section C (3) (c). Should fill be used to elevate a structure, the standards of Article 5, Section C
(3)(d)must be met.
c. Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade
shall meet the following requirement:
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i. Designed to preclude finished living space and designed to allow for the automatic entry and exit
of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be
designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1.
Engineered flood openings must be designed and certified by a registered design professional
(requires supporting engineering certification or make/model specific ICC-ES Report), or meet
the following criteria for non-engineered flood openings:
A. Provide a minimum of two openings on different sides of an enclosure. If more than one
enclosed area is present, each must have openings on exterior walls (having a total net area
of not less than one square inch for every one square foot of enclosed area);
B. The bottom of all openings shall be no more than one foot above the higher of the final
interior grade (or floor) and the finished exterior grade immediately under each opening;
C. Doors and windows do not qualify as openings;
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;
E. 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.
ii. The floor of such enclosed area must be at or above grade on at least one side.
iii. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
d. A nonresidential structure may be constructed on fill in accordance with the following:
i. Shall be placed in layers no greater than 1 foot deep before compacting to 95%of the maximum
density obtainable with either the Standard or Modified Proctor Test method. The results of the
test showing compliance shall be retained in the permit file;
ii. Shall extend 10 feet beyond the foundation of the structure before sloping below the BFE;
iii. Shall be protected against erosion and scour during flooding by vegetative cover, riprap,or bulk
heading. If vegetative cover is used, the slopes shall be no steeper than 3' horizontal to 1'
vertical;
iv. Shall not adversely affect the flow of surface drainage from or onto neighboring properties;
v. Shall be composed of clean granular or earthen material.
e. A nonresidential structure may be floodproofed in accordance with the following:
i. A Registered Professional Engineer or Architect shall certify that the structure has been designed
so that below the FPG, the structure and attendant utility facilities are watertight and capable of
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resisting the effects of the regulatory flood. The structure design shall take into account flood
velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such
certification shall be provided to the Floodplain Administrator.
ii. Floodproofmg measures shall be operable without human intervention and without an outside
source of electricity.
f. A nonresidential structure may be constructed using a stem wall foundation (also called chain wall,
raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation must be
backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood
openings are required for this type of construction.
(4) Manufactured Homes and Recreational Vehicles.
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 requirements:
a. These requirements apply to all manufactured homes to be placed on a site in the SFHA:
i. 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.
ii. Fully enclosed areas formed by foundation and other exterior walls below the FPG 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 as required for elevated structures in Article 5, Section
C(2)(e).
iii. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are
not required to have openings.
b. Recreational vehicles placed on a site in the SFHA shall either:
i. Be on site for less than 180 days and be fully licensed and ready for use on a public highway(defined as
being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and
security devices,and has no permanently attached additions),or
ii. Meet the requirements for"manufactured homes"as stated earlier in this section.
(5) Accessory Structures
Within SFHAs, new construction or placement of an accessory structure must meet the following
standards:
a. Shall have a floor area of 400 square feet or less;
b. Use shall be limited to parking of vehicles and limited storage;
c. Shall not be used for human habitation;
d. Shall be constructed of flood resistant materials;
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e. Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
f. Shall be firmly anchored to prevent flotation;
g. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above
the FPG;
h. 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 C (3) (c) and,
i. Shall not have subsequent additions or improvements that would preclude the structure from its
continued designation as an accessory structure.
(6) Pavilions, Gazebos, Decks, Carports, and Similar Development.
Within SFHAs new construction or placement of pavilions, gazebos, decks, carports, and similar
development must meet the following standards:
a. Shall have open sides (having not more than one rigid wall);
b. Shall be anchored to prevent flotation or lateral movement;
c. Shall be constructed of flood resistant materials below the FPG;
d. Any electrical, heating,plumbing and other service facilities shall be located at/above the FPG;
e. Shall not have subsequent additions or improvements that would preclude the development from its
continued designation as a pavilion, gazebo, carport, or similar open-sided development.
(7) Above Ground Gas or Liquid Storage Tanks.
Within SFHAs, all newly placed aboveground gas or liquid storage tanks shall meet the requirements for a
non-residential structure as required in Article 5, Section C (3).
Section D. Standards for Subdivision and Other New Developments
(1) All subdivision proposals and all other proposed new development shall be consistent with the need to
minimize flood damage.
(2) All subdivision proposals and all other proposed new development shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(3) All subdivision proposals and all other proposed new development shall have adequate drainage provided to
reduce exposure to flood hazards.
(4) In all areas of special flood hazard where base flood elevation data are not available,the applicant shall provide
a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision
proposals and all other proposed new development (including manufactured home parks and subdivisions),
which is greater than the lesser of fifty (50) lots or five(5) acres, whichever is less.
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(5) All subdivision proposals shall minimize development in the SFHA and/or limit density of development
permitted in the SFHA
(6) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially
emergency responders).
(7) Streets,blocks lots,parks and other public grounds shall be located and laid out in such a manner as to preserve
and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or
other public grounds.
Section E. Standards for Critical Facilities
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA.
Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is
available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG
at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced
by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical
facilities to the extent possible.
Article 6. Legal Status Provisions
Section A. Severability.
If any section,subsection, sentence,clause,or phrase of these regulations is,for any reason,declared by the courts
to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any
part thereof, other than the part so declared.
Section B. Effective Date.
This Ordinance 2024-OR- shall be in full force and effect from and after its passage by Common
Council and approval by the Mayor. Ordinance No. 2022-OR-44 is hereby repealed.
Voted for: Voted Against:
Fla/
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2024-OR-3/ passed and adopted by tie Common Council of the City of Jeffersonville, Clark
County, Indiana this /9 day of )44 uS r , 2024.
CA/117\°
Dustin White
President
ATTEST:
Lisa Gill
Clerk
2024-OR- presented by me as Clerk to the Mayor of said City of Jeffersonville this ( day of
, 2024.
Lisa Gill
Clerk
This Ordinance 2024-OR- .3R-approved and signed by me this day of Aye S f ,
2024.
Mike oore, Mayo
City of Jeffersonville
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