(A) Lands to which this subchapter applies. This subchapter shall apply to all SFHAs and known flood prone areas within the jurisdiction of Posey County, the City of Mount Vernon, the Town of Cynthiana, and the Town of Poseyville.
(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.
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of Posey County, the City of Mount Vernon, the Town of Cynthiana, and the Town of Poseyville shall be as delineated on the one-percent annual chance flood profiles in the Flood Insurance Study of Posey County, Indiana and incorporated areas and the corresponding Flood Insurance Rate Map dated November 5, 2014 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date.
(2) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of Posey County, the City of Mount Vernon, the Town of Cynthiana, and the Town of Poseyville, delineated as an “A Zone” on the Posey County, Indiana and Incorporated Areas Flood Insurance Rate Map dated November 5, 2014 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 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. Whenever a party disagrees with the best available 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 communities’ 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 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. 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. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of mis ordinance 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) on the FIRM and the actual ground elevations, the elevation provided on the 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 SFHA and regulated accordingly.
(3) If the elevation (natural grade) of the site in question is above the base flood elevation and not located within the floodway, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner shall be advised to apply for a LOMA.
(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; and
(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 Posey County, the City of Mount Vernon, the Town of Cynthiana, the Town of Poseyville, 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 shall be punishable by a fine not less than $25 and not more than $500.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The Floodplain Administrator 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 Posey County, the City of Mount Vernon, the Town of Cynthiana, and the Town of Poseyville 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. 12-16, passed 8-8-12; Am. Ord. 14-17, passed 9-4-14)