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This chapter'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.
(A) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs of the town shall be as delineated on the 100-year flood profiles in the most current Flood Insurance Study of Johnson County and Incorporated Areas, and the corresponding FIRM (to the extent that both exist), as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date.
(B) The regulatory flood elevation for each SFHA of the town delineated as an AO Zone (in fringe), if any, shall be that elevation (or depth) as may be delineated on the most current FIRM of Johnson County and Incorporated Areas.
(C) The regulatory flood elevation, floodway, and fringe limits for each of the unstudied SFHAs of the town delineated as an A Zone on the most current FIRM of Johnson County and Incorporated Areas shall be according to the best data available as provided by the Indiana Department of Natural Resources.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this chapter and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this chapter and other applicable regulations.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
(A) 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.
(B) 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.
(C) If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner should be advised to apply for a LOMA.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
In the interpretation and application of this chapter all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and,
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
The degree of flood protection required by this chapter 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 chapter does not create any liability on the part of the town, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)
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