Chapter 18.04
FLOOD HAZARD PROTECTION

Sections:

18.04.010    Statutory authorization.

18.04.020    Statement of purpose.

18.04.030    Definitions.

18.04.040    Duties of administration.

18.04.050    Regulatory flood elevation.

18.04.060    Required permits.

18.04.070    Preventing increased damages.

18.04.080    Protecting buildings.

18.04.090    Other development requirements.

18.04.100    Variances.

18.04.110    Disclaimer of liability.

18.04.120    Violation.

18.04.130    Abrogation and greater restrictions.

18.04.140    Separability.

18.04.010 Statutory authorization.

The Indiana Legislature granted the power to local units of government (IC 36-7-4) to control land use within their jurisdictions in order to accomplish the following.

(Ord. 03-11-003 § 1, amended 3/14/11; prior code § 154.01)

18.04.020 Statement of purpose.

The purpose of this chapter is to guide development in the flood hazard areas in order to reduce the potential for loss of life and property, reduce the potential for health and safety hazards, and reduce the potential for extraordinary public expenditures for flood protection and relief. Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the Board of Commissioners of Vanderburgh County hereby adopts the floodplain management regulations in order to accomplish the following:

A.    To prevent unwise developments from increasing flood or drainage hazards to others;

B.    To protect new buildings and major improvements to buildings from flood damage;

C.    To protect human life and health from the hazards of flooding;

D.    To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations;

E.    To maintain property values and a stable tax base by minimizing the potential for creating flood-blighted areas; and

F.    To make federally subsidized flood insurance available for property in Vanderburgh County by fulfilling the requirements of the National Flood Insurance Program.

(Ord. 03-11-003 § 1, amended 3/14/11; amended, 6/27/2006; prior code § 154.02)

18.04.030 Definitions.

For the purpose of this chapter, the following definitions are adopted:

“A zone” means portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM or FHBM. The definitions are presented below:

Zone A: Areas subject to inundation by the one-percent annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. Mandatory flood insurance purchase requirements apply.

Zone AE and A1-A30: Areas subject to inundation by the one-percent annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. Mandatory flood insurance purchase requirements apply. (Zone AE is on new and revised maps in place of Zones A1-A30.)

Zone AO: Areas subject to inundation by one-percent annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.

Zone AH: Areas subject to inundation by one-percent annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.

Zone AR: Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Mandatory flood insurance purchase requirements apply.

Zone A99: Areas subject to inundation by the one-percent annual chance flood event, but which will ultimately be protected upon completion of an under-construction Federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. Mandatory flood insurance purchase requirements apply.

“Accessory structure (appurtenant structure)” means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.

“Addition (to an existing structure)” means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.

“Area of shallow flooding” means a designated AO or AH Zone on the community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

“Base Flood Elevation (BFE)” means the elevation of the one-percent annual chance flood.

“Basement” means that portion of a structure having its floor sub-grade (below ground level) on all sides.

“Building” (see “Structure”).

“Community” means a political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.

“Community Rating System (CRS)” means a program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.

“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.

“Development” means any manmade change to improved or unimproved real estate for which local permits or approvals are required, including but not limited to:

1.    Construction, reconstruction, or placement of a building or any addition to a building;

2.    Installing a manufactured/mobile home on a site, preparing a site for a manufactured/mobile home or installing a recreational vehicle on a site for more than 180 days;

3.    Installing utilities, erection of walls and fences, construction of roads, or similar projects.

4.    Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.

5.    Mining, dredging, filling, grading, excavation, or drilling operations;

6.    Construction and/or reconstruction of bridges or culverts;

7.    Storage of materials;

8.    Creation of subdivisions for residential, commercial, or industrial use; or

9.    Any other activity that might change the direction, height, or velocity of flood or surface waters.

“Development” does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.

“Elevated structure” means a non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers).

“Elevation Certificate” is a certified statement that verifies a structure’s elevation information.

“Emergency Program” means the first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.

“Encroachment” means the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

“Existing Construction” means any structure for which the “start of construction” commenced before the effective date of the community’s first floodplain ordinance.

“Existing manufactured/mobile home park or subdivision” means a manufactured/mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured/mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the Board of Commissioners of Vanderburgh County.

“Expansion to an existing manufactured/mobile home park or subdivision” means the preparation of additional sites by construction of facilities for servicing the lots on which the manufactured/mobile homes are to be affixed (including the installation of utilities, the construction of streets, and either first site grading or the pouring of concrete pads).

“FEMA” means Federal Emergency Management Agency.

“Five-hundred year flood (500-year flood)” means the flood that has a 0.2 percent chance of being equaled or exceeded in any year.

“Flood Boundary and Floodway Map (FBFM)” means an official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.

“Flood Hazard Boundary Map (FHBM)” means an official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A.

“Flood Insurance Rate Map (FIRM)” means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

“Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of the surface waters from any source.

“Flood Advisory Committee” means a committee which consists of the following members (or their designated representative): Executive Director of the Area Plan Commission, Building Commissioner, City Engineer, County Engineer, County Surveyor, Soil Conservation Officer, and a designated representative of the Levee Authority. This committee may call, when necessary, upon other official agencies, including but not limited to the Health Department.

“Floodplain” means the channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts.

“Flood Insurance Study (FIS)” is the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.

“Flood Prone Area” means any land area acknowledged by a community as being susceptible to inundation by water from any source. (See “Flood”)

“Flood Protection Grade (FPG)” is the elevation of the regulatory flood plus two feet at any given location in the SFHA. (See “Freeboard”)

“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

“Floodplain management regulations” means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain management regulations are also referred to as floodplain regulations, floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements.

“Floodproofing (dry floodproofing)” is a method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.

“Floodproofing certificate” is a form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a Registered Professional Engineer or Architect.

“Floodway” means the channel of a river, stream, creek or ditch and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

“Freeboard” means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.

“Fringe” is those portions of the floodplain lying outside the floodway.

“Functionally dependent facility” means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

“Hardship” (as related to variances of this ordinance) means the exceptional hardship that would result from a failure to grant the requested variance. The Flood Advisory Committee requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

“Highest adjacent grade” means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.

“Historic structure” means any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.

“IDNR” means the Indiana Department of Natural Resources.

“Increased Cost of Compliance (ICC)” means the cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.

“Letter of Map Amendment (LOMA)” means an amendment to the currently effective FEMA map that establishes that a property is not located in a special flood hazard area (SFHA). A LOMA is only issued by FEMA.

“Letter of Map Revisions (LOMR)” means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.

“Letter of Map Revision Based on Fill (LOMR-F)” means an official revision by letter to an effective NFIP map. A LOMR-F provides FEMA’s determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.

“Lowest adjacent grade” means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

“Lowest floor” means the lowest of the following:

1.    The top of the lowest floor of a building;

2.    The top of the basement floor;

3.    The top of the garage floor, if the garage is the lowest level of the building;

4.    The top of the first floor of buildings elevated on pilings or pillars;

5.    The top of the floor level of any enclosure, other than a basement, below an elevated building where the walls of the enclosure provide any resistance to the flow of floodwaters unless:

a.    The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters, through providing a minimum of two openings (in addition to doorways and windows) in a minimum of two exterior walls having a total net area of one square inch for every one square foot of enclosed floor area subject to flooding. The bottom of all such openings shall be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher.

b.    Such enclosed space shall not be designed or finished for occupancy and contain any equipment which could be damaged by flooding. The use of the enclosed space shall be usable for the parking of vehicles and building access shall be allowed.

“Manufactured/mobile home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured/mobile home” does not include a “recreational vehicle.”

“Manufactured/mobile home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“Map amendment” means a change to an effective NFIP map that results in the exclusion from the SFHA of an individual structure or a legally described parcel of land that has been inadvertently included in the SFHA (i.e., no alterations of topography have occurred since the date of the first NFIP map that showed the structure or parcel to be within the SFHA).

“Map panel number” is the four-digit number followed by a letter suffix assigned by FEMA on a flood map. The first four digits represent the map panel, and the letter suffix represents the number of times the map panel has been revised. (The letter “A” is not used by FEMA, the letter “B” is the first revision.)

“Market value” means the building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.

“Mitigation” means sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is two fold: to protect people and structures, and to minimize the cost of disaster response and recovery.

“National Flood Insurance Program (NFIP)” is the federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the Federal Government and the private insurance industry.

“National Geodetic Vertical Datum (NGVD) of 1929” as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

“New construction” means any structure for which the “start of construction” commenced after the effective date of the community’s first floodplain ordinance.

“New manufactured/mobile home park” or “new manufactured/mobile home subdivision” means a manufactured/mobile home park or manufactured/mobile home subdivision for which the construction of facilities for servicing the lots on which the manufactured/mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the Board of Commissioners of Vanderburgh County.

“North American Vertical Datum of 1988 (NAVD 88)” as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain.

“Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

“One-hundred year flood (100-year flood)” is the flood that has a one percent (1%) chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood. See “Regulatory Flood”.

“One-percent annual chance flood” is the flood that has a one percent (1%) chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood. See “Regulatory Flood”.

“Participating community” is any community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.

“Physical Map Revision (PMR)” is an official republication of a community’s FEMA map to effect changes to base (1-percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.

“Post-FIRM construction” means construction or substantial improvement that started on or after the effective date of the initial FIRM of the community or after December 31, 1974, whichever is later.

“Pre-FIRM construction” means construction or substantial improvement, which started on or before December 31, 1974, or before the effective date of the initial FIRM of the community, whichever is later.

“Public safety and nuisance” means anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

“Recreational vehicle” means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.

“Regular program” means the phase of the community’s participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.

“Regulatory flood” means the flood having a one percent probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the IDNR and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 18.04.050. The “regulatory flood” is also known by the term “base flood.”

“Repetitive loss” means flood-related damages sustained by a structure on two separate occasions during a 10-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event.

“Section 1316” is that section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.

“Special Flood Hazard Area (SFHA)” means those lands within the jurisdictions of the County subject to inundation by the regulatory flood. The SFHAs of Vanderburgh County are generally identified as such on the Vanderburgh County, Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency Management Agency, dated March 17, 2011. (These areas are shown on a FHBM or FIRM as Zone A, AE, A1- A30, AH, AR, A99, or AO).

“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement or permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footing, installation of piles, construction of columns, or any work beyond the stage of excavation for placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means a structure that is principally aboveground and is enclosed by walls and a roof; including, but not limited to, buildings, walls, signs, pools, gas or liquid storage tanks, and manufactured/mobile homes. The term also includes recreational vehicles to be installed on a site for more than 180 days.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 40 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 40 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of State or local health, sanitary, or safety code requirements or any alteration of a historic structure; provided that the alteration will not preclude the structure’s continued designation as a historic structure.

“Variance” is a grant of relief from the requirements of this ordinance, which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship.

“Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation, other certification, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

“Watercourse” means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

“Water surface elevation” means the height, in relation to the North American Vertical Datum of 1988 (NAVD 88) or National Geodetic Vertical Datum of 1929 (NGVD) (other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.

“X zone” means the area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2 percent chance of being equaled or exceeded (the 500-year flood). Unshaded X zones (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2 percent.

“Zone” means a geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area.

“Zone A” (see definition for A zone)

“Zone B, C, and X” means areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C.)

(Ord. 03-11-003 § 1, amended 3/14/11; amended, 6/27/2006; amended, 08/25/2003; amended 3/16/98 part; Ord. dated 9/20/93 § 1 (part); prior code § 154.03)

18.04.040 Duties of administration.

The Flood Advisory Committee, which shall meet on a regular schedule, is appointed to review all development and subdivision proposals to ensure compliance with this chapter, including, but not limited to, the following duties:

A.    Ensure that all development activities in the SFHA and known flood prone areas within the jurisdiction of the County meet the requirements of this chapter;

B.    Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;

C.    Ensure that construction authorization has been granted by the IDNR for all development projects subject to Section 18.04.070, and maintain a record of such authorization (either copy of the actual permit of floodplain analysis or regulatory assessment).

D.    Maintain a record of the engineer’s certificate and the “as-built” elevation of the top of the lowest floor (including basement) of new and/or substantially improved buildings constructed in the SFHA. Inspect before, during and after construction.

E.    Maintain a record of the engineer’s certificate and the “as-built” floodproofed elevation of all buildings subject to Section 18.04.080 B.;

F.    Cooperate with State and Federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this chapter. Submit reports as required for the National Flood Insurance Program;

G.    Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, letters of map amendment (LOMA), letters of map revision (LOMR), copies of IDNR permits and floodplain analysis and regulatory assessments, Federal permit documents, and “as-built” elevation and floodproofing data for all buildings constructed subject to this chapter;

H.    Notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA;

I.    Inspect and inventory damaged structures in SFHA and complete substantial damage determinations;

J.    Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits are to be maintained on file with the floodplain development permit;

K.    Utilize and enforce all Letters of Map Revision (LOMR) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community.

L.    Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;

M.    Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures;

N.    Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed;

O.    Review certified plans and specifications for compliance;

P.    Hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Building Commissioner in the enforcement or administration of this ordinance. Any person aggrieved by the decision of the board may appeal such decision to the Superior Court.

(Ord. 03-11-003 § 1, amended 3/14/11; amended, 6/27/2006; amended, 08/25/2003.)

18.04.050 Regulatory flood elevation.

This ordinance’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.

1.    The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs of Vanderburgh County shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of Vanderburgh County, Indiana and Incorporated Areas and the corresponding FIRM prepared by the Federal Emergency Management Agency and dated March 17, 2011.

2.    The regulatory flood elevation, floodway, and fringe limits for each of the remaining SFHAs of Vanderburgh County delineated as an “A Zone” on the FIRM of Vanderburgh County, Indiana and Incorporated Areas prepared by the Federal Emergency Management Agency and dated March 17, 2011 shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.

3.    In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community’s known flood prone areas shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.

(Ord. 03-11-003 § 1, amended 3/14/11; amended 6/27/2006; Ord. dated 9/20/93 § 1 (part); prior code § 154.05)

18.04.060 Required permits.

No person, firm, corporation, or governmental body not exempted by State law shall commence any development without first obtaining an improvement location permit from the Area Plan Commission and a building permit from the Building Commissioner, or other local approvals as required by ordinance. No required permits shall be issued if the proposed development does not meet the requirements of this chapter.

A.    The application for required permits as stated in this chapter shall be accompanied by the following in addition to any information required under other existing ordinances:

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 structure locations and existing and proposed land grades;

5.    Elevation of the top of the lowest floor (including basement) of all existing and proposed structures. Elevation should be in North American Vertical Datum of 1988 (NAVD 88);

6.    Elevation (in NAVD 88) to which any non-residential structure will be floodproofed;

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

B.    Upon receipt of an application for an improvement location permit, a preliminary determination shall be made by the Director of the Area Plan Commission (APC) to determine if the site is located within an identified floodway or within the floodplain where the limits of the floodway have not yet been determined. If there is a question on the preliminary determination by the APC, the Building Commissioner or his designated representative shall have final local authority.

1.    If the site is in an identified floodway, the applicant shall be required to forward an application, along with all pertinent plans and specifications, to the IDNR and apply for a permit for construction in a floodway.

a.    Under the provisions of IC 14-28-1, a permit from the IDNR is required prior to the issuance of local permits or approvals for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving, etc., undertaken before the actual start of construction of the building. However, it does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. (IC 14-28-1-26 allows construction of non-substantial additions/improvements to residences in a non-boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval (construction in a floodway permit) for the fill is required from the Indiana Department of Natural Resources.)

b.    No local permits or approvals shall be issued until a permit has been issued by the IDNR granting approval for construction in the floodway. Once a permit has been issued by the IDNR, local permits or approvals may be issued, provided the provisions contained in Sections 18.04.070 and 18.04.080 have been met. The local permits or approvals may not be less restrictive than the permit issued by the IDNR. However, a community’s more restrictive regulations (if any) shall take precedence.

2.    If the site is located in an identified fringe, then the Building Commissioner may issue the local building permit, provided the provisions contained in Sections 18.04.070 and 18.04.080 have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the flood protection grade (FPG).

3.    If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Building Commissioner shall require the applicant to forward the application, along with all pertinent plans and specifications, to the IDNR for review and comment.

a.    No building permit shall be issued by the Building Commissioner until either a permit for construction in the floodway or a floodplain analysis and regulatory assessment citing the 100-year flood elevation and the recommended flood protection grade has been received from the IDNR.

b.    Once the Building Commissioner has received the proper permit or floodplain analysis and regulatory assessment approving the proposed development, an improvement location permit may be issued, providing the conditions of the improvement location permit are not less restrictive than the conditions received from the IDNR and the provisions contained in Sections 18.04.070 and 18.04.080 have been met.

4.    If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Building Commissioner shall require the applicant to provide an engineering analysis showing the limits of the floodway, fringe and 100-year elevation for the site. Upon receipt, the Building Commissioner may issue the local building permit, provided the provisions of this ordinance have been met.

5.    Upon placement of the lowest floor; or floodproofing, it shall be the duty of the permit holder to submit to the Building Commissioner a certification of the NAVD 88 elevation of the lowest floor or floodproofed elevation, as built. Said 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 same. Any work undertaken prior to submission of the certification shall be at the permit holders’ risk. (The Building Commissioner shall review the lowest floor and floodproofing elevation survey data submitted.) The permit holder shall correct deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause for the Building Commission to issue a stop-work order for the project.

(Ord. 03-11-003 § 1, amended 3/14/11; amended 6/27/2006; amended 08/25/2003; amended 3/16/98 #4; Ord. dated 9/20/93 § 1 (part); prior code § 154.06)

18.04.070 Preventing increased damages.

No development in the SFHA and known flood prone areas shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health or safety.

A.    Within the floodway identified on the Flood Boundary and Floodway Map, or the Flood Insurance Rate Map, or engineering analysis as provided in Section 18.04.060 B. 4., the following standards shall apply:

1.    No development shall be allowed which, acting alone or in combination with existing or future similar works, will increase the regulatory flood more than 0.14 of one foot; and

2.    For all projects involving channel modifications or fill (including levees) the permittee shall submit a request with the approval of the Building Commissioner to the Federal Emergency Management Agency to revise the regulatory flood data.

B.    Within all SFHAs identified as A Zones (no 100-year flood elevation and/or floodway/fringe delineation has been provided) and with a drainage area upstream of the site greater than or equal to one square mile, the following standard shall apply: The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than 0.14 of one foot and will not increase flood damages or potential flood damages.

C.    Within all SFHAs identified as A Zones (no floodway/fringe delineation has been provided) and with a drainage area upstream of the site less than one square mile, the following standard shall apply: The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than 0.14 of one foot and will not increase flood damages or potential flood damages.

D.    Public Health Standards in All SFHAs.

1.    No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection grade, unless such materials are stored in a floodproofed storage tank or building constructed according to the requirement of Section 18.04.080 B.

2.    New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other aboveground openings are located above, or those which are below the base flood elevation (BFE) plus one-tenth foot are watertight, but in no case shall industrial pretreatment sampling manholes be below the base flood elevation (BFE) plus one-tenth foot.

E.    Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible.

F.    In order for buildings to qualify for a claim payment under ICC coverage as a “repetitive loss structure”, the National Reform Act of 1994 requires that the building be covered by a contract for flood insurance and incur flood-related damages on two occasions during a 10-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each such flood event.

G.    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.

H.    In the interpretation and application of this ordinance all provisions shall be:

1.    Considered as minimum requirements;

2.    Liberally construed in favor of the governing body; and deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. 03-11-003 § 1, amended 3/14/11; amended 6/27/2006; amended 08/25/2003; prior code § 154.07)

18.04.080 Protecting buildings.

In addition to the damage prevention requirements of Section 18.04.070, all buildings to be located in the SFHA shall be protected from the flood damage below the FPG. New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

A.    This building protection requirement applies to the following situations:

1.    Construction or placement of any building having a floor area greater than 400 square feet;

2.    Structural alterations made to:

a.    An existing building that has not previously been altered, the cost of which equals or exceeds 40 percent of the value of the pre-altered building (excluding the value of the land);

b.    Any previously altered building;

3.    Reconstruction or repairs made to a damaged building where the costs of restoring the structure to its before damaged condition equals or exceeds 40% of the market value of the structure (excluding the value of the land) before damage occurred;

4.    Installing a manufactured/mobile home on a new site or a new manufactured/mobile home on an existing site. This chapter does not apply to returning the existing manufactured/mobile home to the same site it lawfully occupied before it was removed to avoid flood damage;

5.    Installing a recreational vehicle on a site for more than 180 consecutive days; and

6.    Reconstruction or repairs made to a repetitive loss structure.

B.    This building protection requirement may be met by one of the following methods. The Building Commissioner shall maintain a record of compliance with these building protection standards as required in Section 18.04.040.

1.    A residential or nonresidential building may be constructed on a permanent landfill in accordance with the following:

a.    The fill shall be placed in layers no greater than one foot deep before compacting to 95 percent of the maximum density obtainable with the Standard Proctor Test method.

b.    The fill shall extend at least 10 feet beyond the foundation of the building before sloping below the base flood elevation (BFE).

c.    The fill shall be protected against erosion and scouring during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical.

d.    The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.

e.    The top of the lowest floor including basements (see definition of lowest floor in Section 18.04.030, Definitions) shall be at or above the FPG.

2.    New construction or substantial improvements of elevated residential or nonresidential structures shall have the lowest floor at or above the FPG.

a.    The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation provided:

(i)    Walls of any enclosure below the elevated floor shall be designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters, through providing a minimum of two openings (in addition to doorways and windows) in a minimum of two exterior walls having a total net area of one square inch for every one square foot of enclosed floor area subject to flooding. The bottom of all such openings shall be located entirely below the BFE and be no higher than one foot above the bottom of foundation grade (which must be equal to in elevation or higher than the exterior foundation grade). Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions;

(ii)    In no case may existing enclosures be designed or finished for occupancy or the area of the openings be reduced in size or ability to allow free flow of water through them;

(iii)    Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator);

(iv)    Any portion of a new building or improvement below the 100-year flood elevation shall not be enclosed in any manner which would impede the free flow of floodwaters (open lattice work or insect screening are permitted).

(v)    Where elevation requirements exceed 6 feet above the highest adjacent grade, a copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structure’s originally approved design, shall be presented as a condition of issuance of the final Certificate of Occupancy.

b.    The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice, and floating debris.

c.    All areas below the FPG shall be constructed of material resistant to flood damage. The top of the lowest floor (including basement and garage) shall be located at or above the FPG.

d.    All electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at or above the base flood elevation (BFE) plus one-tenth foot. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the base flood elevation (BFE) plus one-tenth foot.

e.    New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

f.    On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

g.    Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this ordinance shall meet the requirements of “new construction” as contained in this ordinance;

h.    Any alteration, repair, reconstruction or improvement to a structure that is not in compliance with the provisions of this ordinance, shall be undertaken only if said non-conformity is not further, extended, or replaced;

i.    the interior portion of such enclosed area shall not be partitioned or finished into separate rooms; and

j.    the interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.

3.    Manufactured/mobile homes and travel trailers (also called recreational vehicles) to be installed or substantially improved on a site for more than 180 consecutive days must meet one of the following anchoring requirements:

a.    The manufactured/mobile home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured/mobile homes to be placed on a site:

(i)    Outside a manufactured/mobile home park or manufactured/mobile home subdivision;

(ii)    In a new manufactured/mobile home park or manufactured/mobile home subdivision;

(iii)    In an expansion to an existing manufactured/mobile home park or manufactured/mobile home subdivision;

(iv)    In an existing manufactured/mobile home park or manufactured/mobile home subdivision on which a manufactured/mobile home has incurred substantial damage as a result of flood.

b.    The manufactured/mobile home shall be so elevated so that the lowest floor of the manufactured/mobile home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured/mobile homes to be placed on a site in an existing manufactured/mobile home park or subdivision that has not been substantially damaged by a flood.

c.    Manufactured homes with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section 18.04.080.

4.    Recreational vehicles placed on a site shall either:

a.    Be on the site for less than 180 consecutive days;

b.    Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, attached to the site only by quick disconnect-type utilities and security devices, and having no permanently attached additions); or

c.    Meet the requirements for manufactured/mobile homes in subsection B. 3. of this section.

5.    New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of this ordinance. Structures located in all “A Zones” may be floodproofed in lieu of being elevated if done in accordance with the following:

a.    An Indiana-registered professional engineer shall certify that the building has been designed so that below the FPG the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice.

b.    Floodproofing measures shall be operable without human intervention and without an outside source of electricity.

(Ord. 03-11-003 § 1, amended 3/14/11; amended 6/27/2006; amended 08/25/2003; amended 03/16/1998, (part); Ord. dated 9/20/93 § 1 (part); prior code § 154.08)

18.04.090 Other development requirements.

A.    The Subdivision Review Committee and the Flood Advisory Committee shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined by ordinance. If the Subdivision Review Committee or the Flood Advisory Committee finds the subdivision to be so located, the Area Plan Commission shall require appropriate changes and modifications in order to assure that:

1.    It is consistent with the need to minimize flood damages;

2.    All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage;

3.    Adequate drainage is provided so as to reduce exposure to flood hazards; and

4.    On-site waste disposal systems, if provided, will be so located and designed to minimize impairment of them or contamination from them during the occurrence of the regulatory flood.

B.    Developers shall record the 100-year flood elevation on all subdivision plats containing lands identified elsewhere by ordinance as within a flood hazard area prior to submitting the plats for approval by the Area Plan Commission.

C.    For all areas within the SFHA where the limits of the floodway and fringe have not been published and the drainage area upstream of the site is greater than one square mile, developers shall forward plans and materials to the IDNR for review and comment.

D.    All owners of manufactured/mobile home parks or manufactured/mobile home subdivisions located within the SFHA identified as Zone A on the community’s FHMB or FIRM develop an evacuation plan for those lots located in Zone A. The plan is subject to approval by the community emergency management authorities.

(Ord. 03-11-003 § 1, amended 3/14/11; amended 6/27/2006; prior code § 154.09)

18.04.100 Variances.

A.    The Flood Advisory Committee may consider issuing a variance to the terms and provisions of this chapter; provided that the applicant demonstrates that:

1.    There exists a good and sufficient cause for the requested variance;

2.    The strict application of the terms of this chapter will constitute an exceptional hardship to the applicant; and

3.    The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.

B.    The Flood Advisory Committee may issue a variance to the terms and provisions of this chapter subject to the following standards and conditions:

1.    No variance or exception for a residential use within a floodway subject to Sections 18.04.070 A. or B. may be granted.

2.    Any variance or exception granted in a floodway subject to Sections 18.04.070 A. or B. shall require a permit from IDNR.

3.    Variances or exceptions to the building protection standards of Section 18.04.080 may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.

4.    Variance or exception may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Register of Historic Sites and Structures.

5.    All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction.

6.    The Flood Advisory Committee shall issue a written notice over the signature of a community official to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage.

7.    The Flood Advisory Committee shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and;

a.    The danger of life and property due to flooding or erosion damage;

b.    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

c.    The importance of the services provided by the proposed facility to the community;

d.    The necessity to the facility of a waterfront location, where applicable;

e.    The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

f.    The compatibility of the proposed use with existing and anticipated development;

g.    The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

h.    The safety of access to the property in times of flood for ordinary and emergency vehicles;

i.    The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site; and,

j.    The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

8.    The Flood Advisory Committee shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request.

9.    Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an “historic structure” and the variance is the minimum to preserve the historic character and design of the structure.

10.    Upon the consideration of the factors listed in this section, and for the purposes of this ordinance, the Flood Advisory Committee may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

(Ord. 03-11-003 § 1, amended 3/14/11; amended 6/27/2006; amended 08/25/2003; prior code § 154.10)

18.04.110 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 Flood Advisory Committee, the Subdivision Review Committee, the County, IDNR, or the State of Indiana for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.

(Ord. 03-11-003 § 1, amended 3/14/11; amended 6/27/2006; prior code § 154.11)

18.04.120 Violation.

A.    Failure to obtain local permits and approvals in the SFHA or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this chapter. All violations shall be subject to the penalties set forth in Sections 1.12.010 of this code.

B.    The Area Plan Commission of Evansville and Vanderburgh County or the Building Commissioner 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 insurance policy to be suspended.

C.    Nothing herein shall prevent Vanderburgh County from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

D.    There is hereby imposed a fine of $100.00 per violation for violation of any provision of this chapter. Each day shall be a separate offense.

(Ord. 03-11-003 § 1, amended 3/14/11; prior code § 154.12)

18.04.130 Abrogation and greater restrictions.

This chapter amends and replaces other ordinances adopted by the Board of Commissioners of Vanderburgh County to fulfill the requirements of the National Flood Insurance Program. However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this chapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. In addition, Vanderburgh County shall assure that all National Flood Insurance Program regulations (44 CFR 60) as well as Indiana laws and regulations regarding floodplain issues (312 312 10, IC 14-28-1 and 14-28-3) are met.

(Ord. 03-11-003 § 1, amended 3/14/11; added 08/25/2003)

18.04.140 Separability.

The provisions and sections of this chapter shall be deemed separable and the invalidity of any portion of this chapter shall not affect the validity of the remainder.

(Ord. 03-11-003 § 1, amended 3/14/11; added 08/25/2003)