(A) Statutory authorization.
(1) The Indiana Legislature has in I.C. 36-7-4 and I.C. 14-28-4 granted the power to local government units to control land use within their jurisdictions.
(2) Therefore, the Town Council does hereby adopt the following floodplain management regulations.
(B) Findings of fact.
(1) The flood hazard areas of Ellettsville 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 that are inadequately elevated, floodproofed or otherwise unprotected from flood damages.
(C) Statement of purpose. It is the purpose of this subchapter 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 that 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 that 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 that are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development that may increase erosion or flood damage;
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or that may increase flood hazards to other lands; and
(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 subchapter 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. 10-20, passed 11-22-2010; Am. Ord. 2017-09, passed 6-26-2017)