§ 151.09 COMPLIANCE.

   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)

§ 151.10 ABROGATION AND GREATER RESTRICTIONS.

   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)

§ 151.11 DISCREPANCIES.

   (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)

§ 151.12 INTERPRETATION.

   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)

§ 151.13 WARNING AND DISCLAIMER OF LIABILITY.

   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)

ADMINISTRATION

§ 151.20 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.

   The Town Council hereby appoints the Zoning Administrator to administer and implement the provisions of this chapter and is herein referred to as the Floodplain Administrator.

(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)