Article 18, Chapters 4-5 - Floodplain Regulations 

3-18-4 Chapter 4: Administration

3-18-4-1 Duties of the Zoning Administrator

The Zoning Administrator shall ensure compliance with all provisions of this article. In doing so, the Zoning Administrator shall perform the following duties.

1. Obtain the "as built" elevation (in relation to mean sea level) of the lowest floor of all new or substantially improved structures in the floodplain, including allowed fill and required excavation.
2. Obtain, for all structures that have been flood-proofed (whether or not such structures include a basement), the elevation (in relation to mean sea level) to which the structure was flood-proofed.
3. Maintain a record of all such information.
4. Ensure that all new development proposals requiring review under the terms of this article are reviewed by persons with the necessary technical expertise to correctly apply the requirements of this chapter.
5. Require any reports or technical data that are necessary to ensure compliance. f. Place conditions on any Improvement Location Permit to ensure compliance with the intent, purpose, and regulations of this article, or any similar regulation set forth by a state or federal agency.

3-18-4-2 Improvement Location Permit

No construction or development which requires an Improvement Location Permit according to the terms of this ordinance shall commence within a floodplain without first obtaining an Improvement Location Permit. The Zoning Administrator shall not issue an Improvement Location Permit if the proposed use, structure, or development does not meet the requirements of this article.

1. Upon receipt of an Improvement Location Permit application, the Zoning Administrator shall determine if the site is located within an identified floodway, or floodplain, where the limits of the floodway have not yet been determined.
1. If the site is within an identified floodway, the Zoning Administrator shall inform the applicant that the permit cannot be issued pursuant to section 3-18-3-1. Any use in the floodway allowed by this article, but not requiring an Improvement Location Permit, must comply with the provisions of IC 13-2-22.
2. If the site is located in an identified floodway fringe, the Zoning Administrator may issue an Improvement Location Permit provided there is compliance with chapter 6 of this article.
3. If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not 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 plans and specifications to the Indiana Department of Natural Resources, requesting a letter of recommendation. If this review indicates the site is in the floodway, the Zoning Administrator shall not issue an Improvement Location Permit. If it is in the floodway fringe, the Improvement Location Permit may be issued in accordance with chapter 6 of this article.
4. If the site falls within an area designated as Zone A on the Flood Insurance Rate Map and the upstream drainage area is less than one square mile, an engineering study of the site shall be completed by the applicant and submitted to the Zoning Administrator. A determination shall then be made by the Zoning Administrator, with advice from the Allen County Surveyor's Office, as to whether the site is in the floodway or floodway fringe. No permit may be issued by the Zoning Administrator if the site is determined to be within the floodway. If the site is within the floodway fringe, the Improvement Location Permit may be issued in accordance with chapter 6 of this article.
2. In addition to complying with the requirements of this ordinance, an application for an Improvement Location Permit proposing construction or improvements within a floodway fringe shall further include all the following:
1. a plan showing the location of existing and proposed structures, and existing and proposed land grades, on the site;
2. the proposed 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;
3. a plan showing the location of existing and proposed structures in relation to any stream, drain, ditch or waterway; and
4. any additional information which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.

3-18-4-3 Certificate of Occupancy

No certificate of occupancy shall be issued by the Zoning Administrator unless it has been confirmed the structure has been built in compliance with the terms of this article. The Zoning Administrator may require the applicant to submit any information which may be needed to ensure compliance.

3-18-5 Chapter 5: Standard of Protection

3-18-5-1 Regulatory Flood Elevation

This article'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 a detailed engineering study needs to replace existing data with better data and submit it to the Indiana Department of Natural Resources for review and approval.

1. The regulatory flood elevation for the floodplain of all watercourses shall be as delineated on the flood profiles in the Flood Insurance Study of Allen County and Incorporated Areas prepared by the Federal Emergency Management Agency and dated 16 February 1995.
2. The regulatory flood elevation for each floodplain delineated as an "AH Zone" or "AO Zone" shall be that elevation (or depth) delineated on the Flood Insurance Rate Map for Allen County and Incorporated Areas.
3. The regulatory flood elevation for each floodplain delineated as an "A Zone" on the Flood Insurance Rate Map for Allen County and Incorporated Areas shall be determined according to the best data available as provided by the Department of Natural Resources.
4. If the floodplain is delineated as "AH Zone" or "AO Zone," the elevation (or depth) will be delineated as "Zone A" on the Allen County and Incorporated Areas Flood Insurance Rate Map. If the floodplain is delineated as "Zone A" on the Flood Insurance Rate Map, the regulatory flood elevation shall be according to the best data available as provided by the Indiana Department of Natural Resources.

Disclaimer

This version of the Allen County Code is an unofficial copy of the Code converted from a paper copy provided by the Allen County Attorney. Updates are added by IPFW Helmke library as received. Contact the issuing agency or the county attorney for the definitive edition.