CHAPTER 151: FLOODPLAIN MANAGEMENT
Section
General Provisions
   151.01   Statutory authorization
   151.02   Findings of fact
   151.03   Statement of purpose
   151.04   Objectives
   151.05   Definitions
   151.06   Applicability
   151.07   Regulatory flood data
   151.08   Floodplain development permit
   151.09   Compliance
   151.10   Abrogation and greater restrictions
   151.11   Discrepancies
   151.12   Interpretation
   151.13   Warning and disclaimer of liability
Administration
   151.20   Designation of Floodplain Administrator
   151.21   Permit procedures
   151.22   Duties and responsibilities of the Floodplain Administrator
Flood Hazard Reduction
   151.30   Standards
   151.31   Specific standards
   151.32   Subdivision proposals
   151.33   Critical facility
   151.34   Identified floodways
   151.35   Identified fringe
   151.36   SFHAs without established base flood elevation and/or floodways/fringes
   151.37   AO zones
Variances
   151.40   Designation of Variance and Appeals Board
   151.41   Duties of Variance and Appeals Board
   151.42   Variance procedures
   151.43   Conditions for variances
   151.44   Variance notification
   151.45   Historic structures
   151.46   Special conditions
 
   151.99   Penalty
GENERAL PROVISIONS
§ 151.01 STATUTORY AUTHORIZATION.
   The Indiana Legislature has in I.C. 36-7-4 granted the power to local government units to control land use within their jurisdictions. Therefore, the Town Council does hereby adopt the following floodplain management regulations.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
§ 151.02 FINDINGS OF FACT.
   (A)   The flood hazard areas of the town 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.
   (B)   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 which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
§ 151.03 STATEMENT OF PURPOSE.
   It is the purpose of this chapter 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:
   (A)   Restrict or prohibit uses which 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;
   (B)   Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
   (C)   Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;
   (D)   Control filling, grading, dredging, and other development which may increase erosion or flood
damage;
   (E)   Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
   (F)   Make federally subsidized flood insurance available for structures and their contents in the town by fulfilling the requirements of the National Flood Insurance Program.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
§ 151.04 OBJECTIVES.
   The objectives of this chapter are:
   (A)   To protect human life and health;
   (B)   To minimize expenditure of public money for costly flood control projects;
   (C)   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   (D)   To minimize prolonged business interruptions;
   (E)   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;
   (F)   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; and,
   (G)   To ensure that potential home buyers are notified that property is in a flood area.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
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