(A) Lands to which this subchapter applies. This subchapter shall apply to all areas of special flood hazard (SFHAs) within the jurisdiction of the city as identified in § 152.187(B), including any additional areas of special flood hazard annexed by the city.
(B) Basis for establishing the areas of special flood hazard.
(1) The regulatory flood elevation, flood way, and fringe limits for the studied SFHAs within the jurisdiction of the city, delineated as an “AE Zone” on the Adams County and Incorporated Areas Flood Insurance Rate Map dated September 29, 2010, shall be determined from the 1% annual chance flood profiles in the Flood Insurance Study of Adams County and Incorporated Areas and the corresponding Flood Insurance Rate Maps (FIRM) dated September 29, 2010, as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a studied SFHA designated as an “AE Zone”, the limits of the floodway will be according to the best available flood layer as provided by the Indiana Department of Natural Resources.
(2) The regulatory flood elevation, flood way, and fringe limits for each of the SFHAs within the jurisdiction of city, delineated as an “A Zone” on the Adams County and Incorporated Areas Flood Insurance Rate Map, dated September 29, 2010, as well as any updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best available flood layer provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available flood layer 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 available flood layer as provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile.
(4) Upon issuance of a letter of final determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
(C) Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this subchapter prior to the commencement of any development activities in areas of special flood hazard.
(D) Compliance.
(1) No structure shall hereafter be located, extended, converted, or structurally altered within the SFHA without full compliance with the terms of this subchapter and other applicable regulations.
(2) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this subchapter applicable to the most restrictive flood zone and the most conservative (highest) base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
(3) No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this subchapter and other applicable regulations.
(E) Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter 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) with base flood elevations provided (riverine or lacustrine Zone AE) on the FIRM and the actual ground elevations, the elevation provided on the profiles or table of still water elevations shall govern.
(2) If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
(3) If the natural grade elevation of the site in question is at or above the base flood elevation and a LOMA or LOMR-FW is obtained, the floodplain regulations will not be applied provided the LOMA or LOMR-FW is not subsequently superseded or invalidated.
(G) Interpretation. In the interpretation and application of this subchapter 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 subchapter 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 subchapter does not create any liability on the part of the city, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this subchapter, 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 subchapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the zoning code for the city. All violations shall be punishable by a fine of $100 minimum, not exceeding $500.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The City Planning Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
(3) Nothing herein shall prevent the city 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. 466, §§ 3-4-1, 3-10-1, 3-12-1, passed 5-11-98; Am. Ord. 608, passed 9-13-10; Am. Ord. 763, passed 8-14-23)