Chapter 15.55 FLOOD DAMAGE CONTROL

(A) No person shall be issued a building permit by the building inspector within the town of Highland, Indiana (exclusive of building permits issued for interior and exterior remodeling, room additions of less than 900 square feet, satellite dishes, advertising signs and garages), until a plat of survey by a registered land surveyor licensed in the state of Indiana is provided the building inspector.

(B) The plat of survey shall include the following information:

(1) Legal description and description of all property corners;

(2) The location of all existing improvements on subject site;

(3) The existing elevations based on M.S.L. datum at all property corners, exterior grades at all existing buildings, and finish floor elevations;

(4) The location of all adjacent buildings along with their exterior elevations;

(5) The finished elevations in the case of any and all new construction shall be contained therein;

(6) The type and elevations of existing road improvements, i.e., driveway culverts, driveway locations, width and edge of pavement, sidewalks and concrete curb and gutters shall be provided therein;

(7) The location, elevation, and type of storm water pick-up shall be contained therein;

(8) The direction of all overland storm flow shall be designated on said plat. [Ord. 922, 1986. Code 1983 § 6-1. Code 2000 § 211.01].

Article II. Permit to Install Culverts, Fill Ditches, and the Like

15.55.020 Required.

No person shall install or lay any tile or culvert in any of the open drainage ditches in any street or alley for any purpose whatsoever, or fill in or obstruct the natural flow of water in any of the drainage ditches of the town without first obtaining a written permit from the public works director. [Code 1983 § 6-16; Code 2000 § 211.15].

Penalty, see HMC 1.05.170.

15.55.030 Application and issuance.

(A) The permit required by this article shall be issued by the director of public works only upon written application for the same. The application shall show the exact location at which the culvert is to be placed, and shall describe the property or properties to be serviced by the culvert and any driveway to be erected thereupon.

(B) Such a permit shall be issued only upon a showing that the proposed work will comply with all ordinances and with accepted engineering standards. [Code 1983 § 6-17; Code 2000 § 211.16].

15.55.040 Bond.

Any person making application for permit required by this article shall file with his application a sufficient bond approved by the director of public works. The bond shall indemnify, hold harmless and defend the town from any liability of any kind or nature arising out of any loss or injuries to the person or property of any person injured or damaged in any way through the construction work or installation to be covered by the permit. Further, it shall indemnify, hold harmless and defend the town from any liability of any kind or nature arising out of any loss through damages to the municipal sewer pipes, streets or alleys and sidewalks in carrying out the work contemplated by the permit. [Amended during 2012 recodification. Code 1983 § 6-18; Code 2000 § 211.17].

Article III. Drainage of Storm Water Runoff

15.55.050 Policy.

(A) This drainage ordinance, including guidelines and criteria, does not provide solutions to all drainage problems, nor is the engineer restricted to these designs or procedures exclusively. Although the policies as stated will hold true for most development work in this area, the town of Highland realizes that there may be some exceptions to the policies or the criteria which, on individual projects, could involve special or unusual drainage design problems that should be reviewed prior to completing the drainage plans.

(B) The policy of the town of Highland shall be:

(1) All information necessary will be submitted to the town to determine how the storm water rate of runoff should be controlled within the development prior to its release to downstream properties for all proposed developments.

(2) All storm water drainage facilities within a development shall be designed to have capacity for the total tributary area. Upstream areas draining through the property under development shall be provided conveyance for the 10-year storm flow and shall, in addition, be provided a flood route for greater than 100-year event. Areas within the development shall be provided with storm water conveyance for the 10-year storm flow and shall, in addition, be provided a flood route for greater than 100-year events.

(3) All proposed developments with a runoff rate greater than that which downstream system is, or will be, designed for will be required to control the rate of storm water discharge.

(4) All developments having existing controls located downstream from the site will be required to control the discharge flow rate of storm water to that rate which existed prior to development.

(C) If the decision is made by the town of Highland, through its engineer, to handle storm water runoff by storage, the detention or retention facility shall become a permanent part of the subdivision and shall not be transferred to the town. Ownership of the storage facility shall be common to all subdivision lots. Maintenance of the storage facility shall be the responsibility of all subdivision lots. [Ord. 1555 § 4, 2014].

15.55.060 Design control guidelines.

(A) The following guidelines provide a uniform design procedure to control the discharge of storm water from areas where proposed changes in land use will result in changes in natural flow pattern, and are necessary to: first, clearly delineate the problem of handling runoff in urban areas; second, to define the responsibility any owner has to control the storm water runoff from his property.

(B) All land developers wishing to develop property in the town of Highland are required to prepare and submit a master drainage plan for the total development area.

(1) Prepare a topographic contour map, with the drainage area delineated with a plan for draining the total upstream tributary watershed through the proposed development.

(2) Prepare a topographic map with at least one-foot contours, with general layout of the proposed inlets and storm sewers for the total development showing all existing drainage structures with size and invert elevations.

(3) Determine the capacity of the downstream open channel, culvert or storm sewer that may be used for an outlet.

(4) Examine the points downstream that may be used as a control to determine the maximum allowable rate of storm water runoff for the design storm. Existing culverts are not necessarily controls.

(5) A routing path will be provided for runoff in the event the drainage facility’s capacity is exceeded, and become a part of a grading plan which will be submitted with detail plans.

(6) Examine and show the routing of excess storm water through the site and as it is discharged to off-site lands.

(7) The routing path shall be continuous from one development to the next.

(8) If the decision is made by the town of Highland, through its engineer, to handle storm water runoff by storage and releasing it at a regulated rate to prevent flooding downstream, the storage basin will be located in and become part of the routing path.

(9) Excess storm water will be kept out of proposed habitable structures.

(10) The master drainage plan shall be approved by the engineer prior to initiating detailed engineering designs.

(C) It must be recognized that the master drainage plan does not constitute a detailed working design or plan from which a sewer project can be constructed, nor is such detail necessary to meet the objectives of the preliminary review. [Ord. 1555 § 4, 2014].

15.55.070 Design criteria.

(A) Storm Water Runoff.

(1) It is the policy of the town of Highland to use the rational method to determine the peak rate of runoff for all design storms for drainage areas of 200 acres or less.

(2) For drainage areas over 200 acres and for determining major storms, the method explained in “Urban Hydrology for Small Watersheds,” Technical Release No. 55, may be used to provide peak rates of runoff. T.R. 55 can be obtained from the Soil Conservation Service Engineering Division, U.S. Department of Agriculture, incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4.

(B) Peak Rate of Runoff. The basic formula for the rational method is Q = CiA in which:

(1) Q = Peak rate of runoff in cubic feet per second.

(2) C = Runoff coefficient, ratio of the maximum rate of runoff to the average rate of rainfall.

(3) A = The drainage area in acres.

(4) i = Rainfall intensity in inches per hour for a selected storm frequency and the time of concentration.

(C) Table 15.55.120 presents urban runoff coefficients to be used to compute area weighted composite runoff coefficient to be used with the rational method to compute the peak runoff rate.

(D) Rainfall Intensity. Rainfall frequency curves, relation of rainfall intensity versus time, based on the latest published records of the U.S. Weather Bureau for the Chicago area, will be used for all design storms.

(E) Design Storm. The peak discharge to be computed for all storm drainage facilities, used for collecting and transporting storm runoff, is defined in the design criteria for those facilities.

(F) Major Storm. The major storm will be based on a storm with a return period of not less than 100 years. [Ord. 1555 § 4, 2014].

Penalty, see HMC 1.05.170.

15.55.080 Roadway culverts.

(A) Criteria.

(1) A culvert is designed to carry water from one side of the road to the other. The size and shape of the culvert should be such that it will carry a predetermined design peak discharge without the depth of water at the entrance or the velocity at outlet exceeding allowable limits.

(2) The culvert design procedure recommended for use is Hydraulic Engineering Circular No. 5; this circular can be obtained from the Superintendent of Documents, U.S. Government Printing Office.

(3) Single span culverts, including concrete box or slab top, should always be considered in lieu of multiple cell pipe culverts when they are the only structures that will meet the physical requirements introduced by rigid headwater controls.

(4) The plan for each culvert shall have the drainage area in acres and the estimated runoff or design discharge in cubic feet per second shown.

(5) The culvert inlet flowline elevation should be set such that it will be deep enough to provide an adequate outlet for future storm sewer improvements upstream.

(B) Design Storm Frequency.

(1) Ten-year storm minimum.

(2) Twenty-five-year storm for arterial streets.

(1) Areas under 200 acres use rational method Q = CiA.

(2) Areas between 200 and 300 acres transition between rational method and Technical Release 55.

(3) Areas over 300 acres use Technical Release 55.

(D) Runoff Coefficient. Based on Table 15.55.120.

(E) Maximum Allowable Headwater.

(1) Eighteen inches below top of curb.

(2) Twelve inches below edge of pavement.

(3) One and two-tenths inch times diameter.

(4) Diameter or rise plus four feet or two times diameter, whichever is lower, in deep ravines.

(F) Manning’s “N” Value.

(1) Box culvert: 0.011.

(2) Slab top culvert: 0.03 to 0.05.

(3) Concrete pipe: 0.012.

(4) Corrugated metal: 0.019 to 0.032.

(G) Entrance Loss Coefficient.

(1) Box culvert and slab top culvert: 0.2 to 0.5.

(2) Concrete pipe: 0.2.

(3) Corrugated metal: 0.2 to 0.9.

(H) Minimum Cover. Desirable: 30 inches to pavement subgrade.

(I) Maximum Cover. The structural design criteria for culverts will be the same as that required by the Indiana Department of Highways.

(J) Maximum Allowable Outlet Velocity.

(1) Bar earth channel: six FPS.

(2) Rock protection: 18 FPS.

(3) Stilling basin: over 18 FPS.

(4) The ability of the downstream channel to handle the flow satisfactorily.

(K) End Protection.

(1) Full height headwall with flared wings.

(2) Other special type headwalls must be approved before use. [Ord. 951, 1990; amended during 2012 recodification. Code 1983 §§ 6-51 – 6-61; Code 2000 § 211.33].

Penalty, see HMC 1.05.170.

15.55.090 Storm sewers.

(A) Criteria. The more important criteria to consider in designing storm sewer systems are listed below:

(1) All storm sewer systems are to be designed using Manning’s Equation (Q = 1.49/n R 2/3 S 1/2 A).

(2) The sewer must be deep enough to receive the flow from all its sources within the watershed.

(3) The size of the sewer must be adequate for flowing full, based on the design storm.

(4) The gradient of the sewer must be sufficient to avoid deposition of solids.

(5) The storm sewer material will be concrete, vitrified clay or PVC. Other approved material may be used for special design.

(6) The main pipe, if over 24 inches, in a sewer system will be required to be separated from all curb inlets, unless a special design is submitted for approval.

(7) The flowline of pipes should be set such that the pipes at manholes have the 0.8 depth point at the same elevation; if the outlet elevation permits, the crown of the outlet pipe may be lower.

(8) The flowline elevations of sewers should be set to avoid using concrete encasement.

(9) Within the limits of existing or proposed rights-of-way, where minimum cover during construction or proposed cover over the outside top of the pipe is 30 inches or less for pipe size six to 27 inches in diameter inclusive, concrete encasement may be required.

(B) Design Storm Frequency. Flowing full for 10-year storm.

(1) Based on five-year storm, shall not exceed window or grate elevation for an inlet or catch basin.

(2) Grade line based on tailwater or 0.8 D at outlet or other critical points within the system.

(D) Design Flow. All design flow will be based on rational method Q = CiA. Minimum time of concentration:

(1) Curb inlet: 10 minutes.

(2) Ditch C.B.: 10 minutes.

(E) Runoff Coefficient. Based on Table 15.55.120, with 0.4 as a minimum.

(F) Manning’s “N” Value. All storm sewers shall be based on an “n” of 0.013 or less.

(G) Minimum Cover to Subgrade. Desirable: 30 inches to ground surface or pavement subgrade.

(H) Maximum Cover.

(1) The supporting strength of the conduit, as installed, divided by a suitable factor of safety, must equal or exceed the loads imposed upon it by the weight of earth plus any superimposed loads.

(2) The design procedure recommended for use in structural design of storm sewers in design manual concrete pipe, available from American Concrete Pipe Association.

(I) Velocity in Sewer for Design Flow.

(1) Three FPS minimum.

(2) Fifteen FPS maximum.

(J) Maximum Length Between Access Structures.

(1) Pipes under 36 inches: 400 feet.

(2) Pipes 36 inches and over: 5,000 feet. [Ord. 1555 § 4, 2014].

Penalty, see HMC 1.05.170.

15.55.100 Open watercourse.

(A) Criteria.

(1) All open channels (natural or manmade) will be enclosed with a storm sewer when an area is developed. This policy will apply even when the open watercourse is located on a property line.

(2) Exemptions may be made for individual developments which, based on a two-year design storm, would require a pipe 72 inches in diameter or larger.

(3) Exemptions may also be made for areas of heavily wooded ravines with large diameter trees and with depth sufficient to receive the flow from storm sewers without disturbing the natural state. Exemptions may also be made for environmental reasons when there are areas with existing natural scenic drainage courses with depth and grade sufficient to receive flow from storm sewers.

(4) If exemptions are made on any project, it will be with the requirement that complete computations will be made and adequate protection be installed to prevent erosion at time of peak flow. The computations shall also ensure good flow characteristics at times of low flow.

(5) Access to storm drainage ditches and channels shall be by means of maintenance easements. Such maintenance easements shall be not less than 20 feet in width, measured horizontally from the top of the bank, exclusive of the width of the ditch, or channel, and a maintenance easement of this type shall be provided on each side of a flood control or storm drainage ditch channel or similar type facility. Maintenance easements are to be kept free of obstructions.

(6) Request for exemptions must be in writing at the time of submitting the master drainage plan.

(B) Design Storm Frequency. Flowing full for 10-year storm.

(1) Areas under 200 acres use rational method Q = CiA.

(2) Areas between 200 and 300 acres transition between rational method and Technical Release 55.

(3) Areas over 300 acres use Technical Release 55.

(D) Runoff Coefficient. Based on Table 15.55.120.

(E) Allowable Velocities – New Ditches.

(1) Five FPS with sod or jute mat lining.

(2) Over five FPS special lining.

(F) Allowable Velocities – Existing Channels. Ability of the channel to handle the flow satisfactorily.

(G) Manning’s “N” Value.

(1) Sod or jute mat lining: 0.05.

(2) Paved lining: 0.015.

(3) Rock protection: 0.08.

(4) Existing lining: 0.025 to 0.20.

(H) Minimum Slope.

(1) Desirable for new channels: 0.40 percent.

(2) Absolute: 0.10 percent with a minimum velocity of two FPS based on a two-year storm.

(I) Side Slopes. Desirable: 4:1. [Ord. 951, 1990. Code 1983 §§ 6-84 – 6-92; Code 2000 § 211.35].

Penalty, see HMC 1.05.170.

15.55.110 Routing path.

(A) The routing path or the major drainage system is that part of the storm drainage system which carries the runoff which exceeds the capacity of the designed drainage facilities.

The major drainage system shall have the capacity to carry runoff from a storm with a return period of not less than 100 years without causing significant threat to property or public safety.

(B) It is not economically feasible to size a storm sewer system to collect and convey more than the design storm runoff. However, runoff which exceeds the capacity of the storm sewer system must have a route to follow. Essentially, the complete drainage system of an urban area contains two separate drainage elements. While the storm sewers belong to the design system, surface drainageways must be provided for the major flow from more intense storms.

(C) The intent of planning for the major drainage element is to ensure storm water runoff, which exceeds the capacity of the design drainage system, has a route to follow which will not cause a major loss of property or any loss of life. Street rights-of-way are a common choice for conveying major drainage flows.

(D) The major storm runoff is routed through the drainage system to determine if the combined capacity of the routing path and storm sewer system is sufficient to maintain surface flows within permissible limits. The capacity of the conduit at any given point is assumed to be the same for the major storm as for the initial design storm for preliminary design purposes. If the major storm runoff exceeds the combined capacity of the street and storm sewer drainage system, revision in the major drainageway crosses the street.

(E) Where the street is designated as the major drainageway, the depth of flow shall not exceed 12 inches at gutter line for local and collector streets and shall not exceed six inches’ depth at crown for arterial streets. The same maximum depth criteria will apply where a major drainageway crosses the street.

(F) Routing of the major storm at culvert locations shall be at low areas or sags of vertical curves of streets. Elevations for the design of the street shall be such as to permit the major storm to flow across the street and to prevent damage to any existing or proposed building structure.

(G) Where a major drainageway is located outside a street right-of-way, easements will be provided and a grading plan will be submitted with a detailed engineering plan submission. The grading plan will include elevations along the routing path and other elevations necessary to show the major storm is contained within the planned area. The grading plan shall be submitted and filed with the engineer. [Ord. 1555 § 4, 2014].

15.55.120 Detention or retention.

(A) Urban and Suburban Areas. In developed and developing urban and suburban areas, several means for controlling storm water runoff could be resorted to. This usually involves storing runoff on or below the ground surface. The following types of storage facilities may be considered for detention: parking lots, underground tanks and surface basins or ponds.

(B) Parking Lot Storage. Parking lot storage using shallow ponding (six inches maximum) designed to flood specifically graded areas of the parking lot may be used. Controlled release features must be incorporated into the surface drainage system of the parking lot. This method is intended to control the runoff directly from the parking area, and is usually not appropriate for storing large runoff volumes.

(C) Tank Storage. Tank storage in an underground tank or chamber, either prefabricated or constructed in place, with a special controlled release feature will be considered for detention.

(D) Surface Basins or Ponds, Wet Ponds or Retention Basin. Wet ponds are permanent ponds where additional storage capacity is provided above the normal water level and special features for controlled release are included. Because of large land requirements, and the necessity of maintaining a permanent pool of water, wet ponds have a broader application for in-stream control where large watershed areas are involved compared to their use as on-site facilities for small urban areas.

(E) Dry Basins or Detention Basin. Dry basins are surface storage areas created by constructing a typical excavated or embankment basin. There is no normal pool level and a specific controlled release feature is included to control the rate of discharge. The detention flow control structure is usually a multi-stage device, and the retention flow control structure is usually a single-stage device.

(F) Design Criteria.

(1) Design Frequency. 100-year storm: based on Chart No. 1.

(2) Design Flow.

(a) Areas under 200 acres use rational method (Q = CiA).

(b) Areas between 200 and 300 acres transition between rational method and Technical Release No. 55.

(3) Runoff Coefficient. Based on Table 15.55.120.

(4) Release Rates.

(a) The release rate for all developments shall not exceed 0.2 cfs/acre during the 100-year design storm event, except for developments with final plat areas of less than 1.0 acre, the release rate shall not exceed 0.25 cfs/acre during the 100-year design storm.

(b) The surface of a detention area should be constructed with sufficient slopes (minimum of one-half percent) to drain property so that all of the runoff is removed following a storm.

(c) A ditch, or ditches, shall be paved and constructed from the pipe, or pipes outletting into the basin, to the outlet structure.

(d) Seeding and other erosion control methods will be used to protect all slopes: sod, jute matting, rock protection or concrete.

(e) Side slopes for a retention facility shall be 4:1 maximum below permanent storage and 6:1 maximum above permanent storage.

(5) Time of Concentration. Based on Chart No. 2.

(6) Debris Control. Debris-control structures may be required in the detention methods and should be considered as an essential part of design.

(7) Emergency Spillway. An emergency spillway shall be provided for flows in excess of the design storm.

Table 15.55.120
Urban Runoff Coefficients
Type of Surface	Runoff Coefficient “C”
Hard Surfaces
Asphalt	0.82
Concrete	0.85
Roof	0.85
Lawns (Sandy)
Flat (0 – 2% Slope)	0.07
Rolling (2 – 7% Slope)	0.12
Steep (Greater than 7% Slope)	0.17
Lawns (Clay)
Flat (0 – 2% Slope)	0.16
Rolling (2 – 7% Slope)	0.21
Steep (Greater than 7% Slope)	0.30

Source: HERPICC Stormwater Drainage Manual, July 1995.

[Ord. 1555 § 4, 2014].

Penalty, see HMC 1.05.170.

Article IV. Flood Hazard Area Regulations

15.55.130 Statutory authorization, findings of fact, purpose, and objectives.

(A) Statutory Authorization. The Indiana Legislature has in IC 36-7-4 granted the power to local government units to control land use within their jurisdictions. Therefore, the town council of the town of Highland does hereby adopt the following floodplain management regulations:

(B) Findings of Fact.

(1) The flood hazard areas of the town of Highland 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.

(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately floodproofed, or otherwise unprotected from flood damages.

(C) Statement of Purpose. It is the purpose of this article 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) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities.

(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters.

(4) Control filling, grading, dredging, and other development which may increase erosion or flood damage.

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

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

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

(1) To protect human life and health.

(2) To minimize expenditure of public money for costly flood control projects.

(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(4) To minimize prolonged business interruptions.

(5) To 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) To 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 areas. [Ord. 1612 § 2, 2016].

15.55.140 Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.

(A) “A zone” means portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM. The definitions are presented below:

(1) “Zone A” means areas subject to inundation by the one percent annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown.

(2) “Zones AE and A1-A30” means areas subject to inundation by the one percent annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. (Zone AE is on new and revised maps in place of Zones A1-A30.)

(3) “Zone AO” means areas subject to inundation by one percent annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone.

(4) “Zone AH” means areas subject to inundation by one percent annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone.

(5) “Zone AR” means areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection.

(6) “Zone A99” means areas subject to inundation by the one percent annual chance flood event, but which will ultimately be protected upon completion of an under-construction federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown.

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

(C) “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.

(D) “Appeal” means a request for a review of the floodplain administrator’s interpretation of any provision of this article.

(E) “Area of shallow flooding” means a designated AO or AH zone on the community’s flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

(F) “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

(G) “Base flood elevation (BFE)” means the elevation of the one percent annual chance flood.

(H) “Basement” means that portion of a structure having its floor subgrade (below ground level) on all sides.

(I) “Boundary river” means the part of the Ohio River that forms the boundary between Kentucky and Indiana.

(J) “Boundary river floodway” means the floodway of a boundary river.

(K) Building. See “Structure.”

(L) “Community” means a political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.

(M) “Community rating system (CRS)” means a program developed by the Federal Insurance Administration to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.

(N) “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, installations which produce, use or store hazardous materials or hazardous waste.

(O) “D Zone” means unstudied areas where flood hazards are undetermined, but flooding is possible. Flood insurance is available in participating communities but is not required by regulation in this zone.

(P) “Development” means any manmade 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;

(3) Installing utilities, erection of walls and fences, construction of roads, or similar projects;

(4) Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;

(5) Mining, dredging, filling, grading, excavation, or drilling operations;

(6) Construction and/or reconstruction of bridges or culverts;

(7) Storage of materials; or

(8) Any other activity that might change the direction, height, or velocity of flood or surface waters.

“Development” does not include activities such as the maintenance of existing structures and facilities such as painting; reroofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures.

(Q) “Elevated structure” means a nonbasement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers).

(R) “Elevation certificate” is a certified statement that verifies a structure’s elevation information.

(S) “Emergency program” means the first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.

(T) “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.

(U) “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).

(V) “FEMA” means the Federal Emergency Management Agency.

(W) “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

(X) “Flood boundary and floodway map (FBFM)” means an official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.

(Y) “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.

(Z) “Flood insurance study (FIS)” is the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.

(AA) “Flood prone area” means any land area acknowledged by a community as being susceptible to inundation by water from any source. (See “Flood.”)

(BB) “Flood protection grade (FPG)” is the elevation of the regulatory flood plus two feet at any given location in the SFHA. (See “Freeboard.”)

(CC) “Floodplain” means the channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts.

(DD) “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.

(EE) “Floodplain management regulations” means this article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain management regulations are also referred to as floodplain regulations, floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements.

(FF) “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.

(GG) “Floodproofing certificate” is a form used to certify compliance for nonresidential structures as an alternative to elevating structures to or above the FPG. This certification must be by a registered professional engineer or architect.

(HH) “Floodway” is the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

(II) “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.

(JJ) “Fringe” is those portions of the floodplain lying outside the floodway.

(KK) “Hardship” (as related to variances of this article) means the exceptional hardship that would result from a failure to grant the requested variance. The town of Highland 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.

(LL) “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.

(MM) “Historic structures” means any structures individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.

(NN) “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.

(OO) “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 include letter of map amendment (LOMA), letter of map revision (LOMR), and letter of map revision based on fill (LOMR-F). The definitions are presented below:

(1) “Letter of map amendment (LOMA)” means an amendment by letter to the currently effective FEMA map that establishes that a property is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA.

(2) “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.

(3) “Letter of map revision based on fill (LOMR-F)” means an official revision by letter to an effective NFIP map. A LOMR-F provides FEMA’s determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.

(PP) “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.

(QQ) “Lowest floor” means the lowest elevation described among the following:

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

(2) The top of the basement floor.

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

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

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

(a) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters by providing a minimum of two openings (in addition to doorways and windows) in a minimum of two exterior walls; if a structure has more than one enclosed area, each shall have openings on exterior walls;

(b) The total net area of all openings shall be at least one square inch for every one square foot of enclosed area; the bottom of all such openings shall be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and

(RR) “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.”

(SS) “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.

(TT) “Market value” means the building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.

(UU) “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.

(VV) “National Flood Insurance Program (NFIP)” is the federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.

(WW) “National Geodetic Vertical Datum (NGVD) of 1929” as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

(XX) “New construction” means any structure for which the “start of construction” commenced after the effective date of the community’s first floodplain ordinance.

(YY) “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.

(ZZ) “Non-boundary river floodway” means the floodway of any river or stream other than a boundary river.

(AAA) “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.

(BBB) “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.

(CCC) “One percent annual chance flood” is the flood that has a one percent chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one percent annual chance flood. See “Regulatory flood.”

(DDD) “Physical map revision (PMR)” is an official republication of a community’s FEMA map to effect changes to base (one 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.

(EEE) “Public safety and nuisance” means anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

(FFF) “Recreational vehicle” means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.

(GGG) “Regular program” means the phase of the community’s participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.

(HHH) “Regulatory flood” means the flood having a one percent 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 HMC 15.55.150(B). The “regulatory flood” is also known by the term “base flood,” “one percent annual chance flood,” and “100-year flood.”

(III) “Section 1316” is that section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood prone areas.

(JJJ) “Special flood hazard area (SFHA)” means those lands within the jurisdiction of the town subject to inundation by the regulatory flood. The SFHAs of the town of Highland are generally identified as such on the Lake County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 18, 2012, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, A1-A30, AH, AR, A99, or AO.)

(KKK) “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 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.

(LLL) “Structure” means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.

(MMM) “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.

(NNN) “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 “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.

(OOO) “Suspension” means the removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP.

(PPP) “Variance” is a grant of relief from the requirements of this article, which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.

(QQQ) “Violation” means the failure of a structure or other development to be fully compliant with this article. A structure or other development without the elevation, other certification, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.

(RRR) “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.

(SSS) “X zone” means the area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2 percent chance of being equaled or exceeded (the 500-year flood). Unshaded X zones (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2 percent.

(TTT) “Zone” means a geographical area shown on a FIRM that reflects the severity or type of flooding in the area.

(UUU) Zone A. See definition for “A zone.”

(VVV) “Zones B, C, and X” means areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C.) [Ord. 1612 § 2, 2016].

15.55.150 General provisions.

(A) Lands to Which This Article Applies. This article shall apply to all SFHAs and known flood prone areas within the jurisdiction of the town.

(B) Basis for Establishing Regulatory Flood Data. This article’s protection standard is the regulatory flood. The best available regulatory flood data is listed below.

(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the town of Highland shall be as delineated on the one percent annual chance flood profiles in the Flood Insurance Study of Lake County, Indiana and Incorporated Areas dated January 18, 2012, and the corresponding flood insurance rate map dated January 18, 2012, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date.

(2) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the town of Highland, delineated as an “A zone” on the Lake County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 18, 2012, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best data available as 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 data, 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 data available 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.

(C) Establishment of Floodplain Development Permit. A floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities in areas of special flood hazard.

(D) Compliance. No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this article and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this article and other applicable regulations.

(E) Abrogation and Greater Restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(F) Discrepancy between Mapped Floodplain and Actual Ground Elevations.

(1) In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles 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 elevation (natural grade) of the site in question is above the base flood elevation and not located within the floodway, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner shall be advised to apply for a LOMA.

(G) Interpretation. In the interpretation and application of this article all provisions shall be:

(1) Considered as minimum requirements.

(2) Liberally construed in favor of the governing body.

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

(H) Warning and Disclaimer of Liability. The degree of flood protection required by this article 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 article does not create any liability on the part of the town of Highland, the Indiana Department of Natural Resources, or the state of Indiana for any flood damage that results from reliance on this article or any administrative decision made lawfully thereunder.

(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 article. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the zoning code for the town of Highland. All violations shall be punishable by a fine not exceeding $250.00.

(1) A separate offense shall be deemed to occur for each day the violation continues to exist.

(2) The town of Highland town council 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 town from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. [Ord. 1612 § 2, 2016].

15.55.160 Administration.

(A) Designation of Administrator. The town of Highland town council hereby appoints the building commissioner to administer and implement the provisions of this article and is herein referred to as the floodplain administrator.

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

(1) Application Stage.

(a) A description of the proposed development.

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

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

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

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

(g) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required and any watercourse changes submitted to DNR for approval and then to FEMA as a letter of map revision. (See subsection (C)(6) of this section for additional information.)

(2) Finished Construction. Upon completion of construction, an elevation certification which depicts the “as-built” lowest floor elevation is required to be submitted to the floodplain administrator. If the project includes a floodproofing measure, floodproofing certification is required to be submitted by the applicant to the floodplain administrator.

(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 article. The administrator is further authorized to render interpretations of this article which are consistent with its spirit and purpose.

Duties and responsibilities of the floodplain administrator shall include, but are not limited to:

(1) Review all floodplain development permits to assure that the permit requirements of this article have been satisfied.

(2) Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations.

(3) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to HMC 15.55.170(E) and (G)(1), and maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment).

(4) Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits/authorizations are to be maintained on file with the floodplain development permit.

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

(6) 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.

(7) 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 article.

(8) 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.

(9) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(10) Review certified plans and specifications for compliance.

(11) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with subsection (B) of this section.

(12) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with subsection (B) of this section. [Ord. 1612 § 2, 2016].

15.55.170 Provisions for flood hazard reduction.

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

(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.

(4) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, 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. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.

(6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(8) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(9) Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this article shall meet the requirements of “new construction” as contained in this article.

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

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

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

(b) Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 50 percent of the value of the existing structure (excluding the value of the land).

(c) Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50 percent of the market value of the structure (excluding the value of the land) before damage occurred.

(d) Installing a travel trailer or recreational vehicle on a site for more than 180 days.

(e) Installing a manufactured home on a new site or a new manufactured home on an existing site. This article does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.

(2) Residential Structures. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement, at or above the FPG (two feet above the base flood elevation). 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 subsection (B)(4) of this section.

(3) Nonresidential Structures. New construction or substantial improvement of any commercial, industrial, or nonresidential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) 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 subsection (B)(4) of this section. Structures located in all “A zones” may be floodproofed in lieu of being elevated if done in accordance with the following:

(a) 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 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 as set forth in HMC 15.55.160(C)(12).

(b) Floodproofing measures shall be operable without human intervention and without an outside source of electricity.

(4) Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG.

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

(a) Provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area).

(b) The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher.

(c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

(d) Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).

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

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

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

(a) The fill shall be placed in layers no greater than one foot deep before compacting to 95 percent 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.

(b) The fill shall extend 10 feet beyond the foundation of the structure before sloping below the BFE.

(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical.

(d) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.

(e) The top of the lowest floor including basements shall be at or above the FPG.

(6) Standards for 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 outside a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood:

1. 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.

2. 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 subsection (B)(4) of this section.

(b) These requirements apply to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood:

1. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

1. Be on site for less than 180 days;

2. Be fully licensed and ready for highway use (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

3. Meet the requirements for “manufactured homes” as stated earlier in this section.

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

(a) Shall not be used for human habitation.

(b) Shall be constructed of flood resistant materials.

(d) Shall be firmly anchored to prevent flotation.

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

(f) Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in subsection (B)(4) of this section.

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

(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals 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 shall have adequate drainage provided to reduce exposure to flood hazards.

(4) 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 50 lots or five acres.

(D) Critical Facility. 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.

(E) Standards for Identified Floodways. Located within SFHAs, established in HMC 15.55.150(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 have erosion potential. If the site is in an identified floodway, 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 a permit for construction in a floodway. Under the provisions of 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, etc., undertaken before the actual start of construction of the structure. However, it does exclude nonsubstantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. (IC 14-28-1-26 allows construction of a nonsubstantial addition/improvement to a residence in a non-boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval for the fill is required from the Indiana Department of Natural Resources.)

No action shall be taken by the floodplain administrator until a permit or letter of authorization (when applicable) has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway or letter of authorization has been issued by the Indiana Department of Natural Resources, the floodplain administrator may issue the local floodplain development permit, provided the provisions contained in this section have been met. The floodplain development permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, a community’s more restrictive regulations (if any) shall take precedence.

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

For all projects involving channel modifications or fill (including levees) the town 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.

(F) Standards for Identified Fringe. If the site is located in an identified fringe, then the floodplain administrator may issue the local floodplain development permit provided the provisions contained in this section have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG.

(G) Standards for SFHAs without Established Base Flood Elevation and/or Floodways/Fringes.

(1) 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 either a permit for construction in a floodway (including letters of authorization) 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 permit for construction in a floodway (including letters of authorization) or floodplain analysis/regulatory assessment approving the proposed development, 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.

(2) 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.

Upon receipt, the floodplain administrator may issue the local floodplain development permit, provided the provisions contained in this section have been met.

(3) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the regulatory flood more than fourteen-hundredths of one foot and shall not increase flood damages or potential flood damages.

(H) Standards for Flood Prone Areas. All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet applicable standards as required per this section. [Ord. 1612 § 2, 2016].

15.55.180 Variance procedures.

(A) Designation of Variance and Appeals Board. The town of Highland board of zoning appeals shall hear and decide appeals and requests for variances from requirements of this article.

(B) Duties of Variance and Appeals Board. 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 article. Any person aggrieved by the decision of the board may appeal such decision to the Lake County circuit or superior court.

(C) Variance Procedures. In passing upon such applications, the board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and:

(1) The danger of life and property due to flooding or erosion damage.

(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(3) The importance of the services provided by the proposed facility to the community.

(4) The necessity of the facility to a waterfront location, where applicable.

(5) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(6) The compatibility of the proposed use with existing and anticipated development.

(7) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(8) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(9) The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site.

(10) 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.

(D) Conditions for Variances.

(1) Variances shall only be issued when there is:

(a) A showing of good and sufficient cause.

(b) A determination that failure to grant the variance would result in exceptional hardship.

(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.

(2) No variance for a residential use within a floodway subject to HMC 15.55.170(E) or (G)(1) may be granted.

(3) Any variance granted in a floodway subject to HMC 15.55.170(E) or (G)(1) will require a permit from the Indiana Department of Natural Resources.

(4) Variances to the provisions for flood hazard reduction of HMC 15.55.170(B) 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.

(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(6) Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.

(7) 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 (see subsection (E) of this section).

(8) 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 (see subsection (E) of this section).

(E) Variance Notification. Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that:

(1) The issuance of a variance to construct a structure below the flood protection grade will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

(2) Such construction below the flood protection grade increases risks to life and property.

The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance.

(F) Historic Structure. 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.

(G) Special Conditions. Upon the consideration of the factors listed in this section, and the purposes of this article, the town of Highland board of zoning appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. [Ord. 1612 § 2, 2016].

15.55.190 Severability.

If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter. [Ord. 1612 § 2, 2016].