§ 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)

§ 151.21 PERMIT PROCEDURES.

   Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically the following information is required:

   (A)   Application stage.

      (1)   A description of the proposed development;

      (2)   Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams;

      (3)   A legal description of the property site;

      (4)   A site development plan showing existing and proposed development locations and existing and proposed land grades;

      (5)   Elevation of the top of the lowest floor (including basement) of all proposed buildings. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD);

      (6)   Elevation (in NGVD) to which any non-residential structure will be floodproofed; and

      (7)   Description of the extent to which any watercourse will be altered or related as a result of proposed development.

   (B)   Construction stage. Upon placement of the lowest floor, or floodproofing, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the NGVD elevation of the lowest floor or floodproofed elevation, as built. The certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular structure said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by the same. Any work undertaken prior to submission of the certification shall be at the permit holder’s risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.) The permit holder shall correct deficiencies detected by the review before any further work is allowed to proceed. Failure to submit the survey or failure to make corrections required hereby shall be cause to issue a stop-work order for the project.

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