(A) Lands to which this subchapter applies. This subchapter shall apply to all special flood hazard areas (SFHAs) and known flood prone areas within the jurisdiction of the city.
(B) Basis for establishing regulatory flood data. This subchapter's protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Indiana Department of Natural Resources for review and approval.
(1) The regulatory flood elevation, floodway, and fringe limits for the studied special flood hazard areas (SFHAs) within the jurisdiction of the city shall be as delineated on the 1% annual chance flood profiles in the Flood Insurance Study of Elkhart County and Incorporated Areas dated August 2, 2011 and the corresponding Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA) and dated August 2, 2011.
(2) The regulatory flood elevation, floodway, and fringe limits for each of the remaining special flood hazard areas (SFHAs) within the jurisdiction of the city, delineated as an "A Zone" on the Flood Insurance Rate Map (FIRM) of Elkhart County and Incorporated Areas prepared by the Federal Emergency Management Agency (FEMA) and dated August 2, 2011, 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.
(3) In the absence of a published Federal Emergency Management Agency (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 1 square mile.
(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 the special flood hazard areas (SFHAs).
(D) Compliance. No structure shall hereafter be located, extended, converted or structurally altered within the special flood hazard area (SFHA) without full compliance with the terms of this subchapter and other applicable regulations. No land or stream within the special flood hazard area (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 within the special flood hazard area (SFHA) on the Federal Insurance Rate Map (FIRM), and the actual ground elevations, the elevation provided on the Flood Insurance Study (FIS) 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 special flood hazard area (SFHA) and regulated accordingly.
(3) If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the special flood hazard area (SFHA) and the floodplain regulations will not be applied. The property owner should be advised to apply for a Letter of Map Amendment (LOMA).
(G) Interpretation. In the interpretation and application of this subchapter all provisions shall be:
(1) Considered as minimum requirements; and
(2) 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.
(Ord. 5263, passed 8-1-2011)