This chapter's protection standard is the regulatory flood. The best available regulatory flood data is listed below.
(A) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the Town of Beverly Shores, delineated as an “AE Zone” on the Porter County, Indiana and Incorporated Areas Flood Insurance Rate Map dated September 29, 2022, shall be determined from the one-percent annual chance flood profiles in the Flood Insurance Study of Porter County, Indiana and Incorporated Areas and the corresponding Flood Insurance Rate Maps (FIRM) dated September 29, 2022, 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.
(B) The regulatory flood elevation for the SFHAs of Lake Michigan, delineated as a “VE Zone” on the Porter County, Indiana and Incorporated Areas Flood Insurance Rate Map dated September 29, 2022, shall be the highest elevation specified on the FIRM among all flood zones affecting the proposed development, as well any subsequent updates, amendments or revisions, prepared by the Federal Emergency Management Agency.
(C) The regulatory flood elevation for the SFHAs of Lake Michigan, delineated as a “AE Zone” on the Porter County, Indiana and Incorporated Areas Flood Insurance Rate Map dated September 29, 2022, shall be the highest elevation published on the Porter County, Indiana and Incorporated Areas Flood Insurance Rate Map dated September 29, 2022, among all flood zones affecting the proposed development, as well as any subsequent updates, amendments, or revisions prepared by the Federal Emergency Management Agency with the most recent date.
(D) The regulatory flood elevation for each studied SFHAs within the jurisdiction of Town of Beverly Shores, delineated as an “AH Zone” on the Porter County, Indiana and Incorporated Areas Flood Insurance Rate Map dated September 29, 2022, shall be that elevation published on the Porter County, Indiana and Incorporated Areas Flood Insurance Rate Map dated September 29, 2022, as well as any subsequent updates, amendments, or revisions prepared by the Federal Emergency Management Agency with the most recent date.
(E) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the Town of Beverly Shores, delineated as an "A Zone" on the Porter County, Indiana and Incorporated Areas Flood Insurance Rate Map dated September 29, 2022 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 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. Whenever a party disagrees with the best available flood layer, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved.
(F) The regulatory flood elevation for each SFHA within the jurisdiction of the Town of Beverly Shores delineated as an "AO Zone" shall be that elevation (or depth) published on the Flood Insurance Rate Map of Porter County, Indiana and Incorporated Areas dated September 29, 2022, as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. If no depth is specified on the FIRM, the community shall use two feet as the minimum depth.
(G) 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.
(H) 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.
(Ord. 93-04, passed 11-8-1993; Am. Ord. 07-01, passed 2-19-2007; Am. Ord. 2015-05, passed 8-17-2015; Am. Ord. 2022-09, passed 9-20-2022)