(A) Lands to which this chapter applies. This chapter shall apply to all SFHAs within the jurisdiction of the city.
(B) Basis for establishing regulatory flood data. This chapter’s protection standard is the regulatory flood. The best available regulatory flood data is listed in this subsection. 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.
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs of Salt Creek shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the city dated July 6, 1982 and the corresponding Flood Boundary Floodway Map dated January 6, 1983, 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 remaining SFHAs delineated as an A Zone on the FIRM of the city shall be, according to the best data available, as provided by the Indiana Department of Natural Resources.
(3) For the SFHAs of those parts of unincorporated Porter County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city:
(a) The regulatory flood elevation, floodway, and fringe limits of studied SFHAs shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Porter County dated October 1, 1981 and the corresponding Flood Boundary Floodway Map dated April 1, 1982, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date; and
(b) If the SFHA is delineated as Zone A on the County Flood Insurance Rate Map, the regulatory flood elevation, floodway, and fringe limits shall be according to the best data available as provided by the Indiana Department of Natural Resources.
(C) Establishment of floodplain development permit. A Floodplain Development Permit shall be required in conformance with the provisions of this section 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 section and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this section and other applicable regulations.
(E) Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section 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, 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.
(G) Interpretation. In the interpretation and application of this section, 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 section 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 section does not create any liability on the part of the city, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this section 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 section. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the municipal code for the city. The city's Floodplain Administrator may, for any violation of this chapter, levy a fine against the violator(s) of up to the maximum amount allowed by Chapter 37 of this code for each occurrence. The Floodplain Administrator shall notify the violator(s) of such fine, in writing, on a form approved by the Board. The violator shall pay the fine through the Local Ordinance Violations Bureau. The Floodplain Administrator may levy a fine for each and every day the violation is continued.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The Planning Commission 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 the city 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. 26-2008, passed 7-14-08)