§ 21.20. Waiver
(a)
Natural Features Review Committee. A natural features review committee shall be appointed for the county and each city to hear and decide on requests for waivers to the requirements of this article. The natural features review committee shall consist of the enforcement official, the city engineer or county highway engineer and one member of the board of zoning appeals.
(b)
Waiver Procedures. In granting waivers, the natural features review committee shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and:
(1)
The danger to 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, and on the integrity of the adjacent natural resources;
(3)
The importance of the services provided by the proposed facility to the community;
(4)
The necessity of a waterfront location to the facility, 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 regulations 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 transport of the floodwaters at the site; and
(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.
(c)
Waivers. The natural features review committee shall use the following criteria in granting a waiver to the requirements of this article:
(1)
Waivers shall only be issued when there is:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the waiver would result in a practical difficulty; and
c.
A determination that the granting of a waiver will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or creation of nuisances, will not cause fraud, or victimization of the public, and will not conflict with existing laws or ordinances.
(2)
Waivers shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief.
(3)
No waiver may be granted for a residential use within a floodway, subject to Section 21.14 or 21.16(a) of this article.
(4)
Any waiver granted in a floodway subject to Section 21.14 or 21.16(a) of this article will require a permit from the IDNR.
(5)
Waivers or exceptions to the flood hazard reduction of Section 21.12 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 FPG.
(6)
Waivers 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. Waivers 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 waiver is the minimum necessary to preserve the historic character and design of the structure.
(d)
Flood Elevation. Any applicant to whom a waiver is granted shall be given written notice specifying the difference between the base flood elevation 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.
(1)
Any applicant to whom a waiver is granted shall be given written notice over the signature of a enforcement official that:
a.
The issuance of a waiver to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
b.
Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the enforcement official in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(2)
The enforcement official will maintain a record of all waiver actions, including justification for their issuance, and report such waivers issued in the community's biennial report submissions to the FEMA.
(e)
Special Conditions. The natural features review committee may conditionally approve permits or waivers for development activities in floodplains. Examples of the types of conditions that may be attached to permits or waivers include, but are not limited to:
(1)
Design measures to reduce project impacts;
(2)
Relocation of the proposed activity to reduce project impacts;
(3)
Flood and erosion reduction measures to prevent hazard losses to activities or natural resources on other lands;
(4)
Compensatory mitigation measures to offset losses to riparian area acreage, functions, and values;
(5)
Inclusion in the deed for the property a warning that the property contains a riparian area and that any activities in the riparian areas are subject to the riparian, wetland, floodplain and other regulatory requirements;
(6)
Setbacks from the river, stream, or other water body of a size appropriate for the proposed activity and the particular riparian area;
(7)
Deed restrictions, covenants, or execution of conservation easements regarding the future use of lands including but not limited to preservation of undeveloped areas and restrictions on vegetation removal;
(8)
Erosion control and storm water management measures;
(9)
The clustering of structures or development.