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09-13-10 Council Agenda & Packet
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09-13-10 Council Agenda & Packet
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the best data available as provided by the Indiana Department of Natural <br />Resources; provided the upstream drainage area from the subject site is greater <br />than one square mile. <br />{3} Establishment of Floodplain Development Permit. A Floodplain Development <br />Permit shall be required in conformance with the provisions of this ordinance prior <br />to the commencement of any development activities in areas of special flood <br />hazard. <br />(4} Compliance. No structure shall hereafter be located, extended, converted or <br />structurally altered within the SFHA without full compliance with the terms of this <br />ordinance and other applicable regulations. No land or stream within the SFHA <br />shall hereafter be altered without full compliance with the terms of this ordinance <br />and other applicable regulations. <br />(5} Abrogation and Greater Restrictions. This ordinance is not intended to repeal, <br />abrogate, or impair any existing easements, covenants, or deed restrictions. <br />However, where this ordinance and another conflict or overlap, whichever imposes <br />the zx~ore stringent restrictions shall prevail. <br />(6) Discrepancy between Mapped Floodplain and Actual Ground Elevations. <br />{A) In cases where there is a discrepancy between the mapped floodplain (SFHA) <br />on the FIRM and the actual ground elevations, the elevation provided on the <br />profiles shall govern. <br />(B} If the elevation of the site in question is below the base flood elevation, that site <br />shall be included in the SFHA and regulated accordingly. <br />{C} If the elevation (natural grade) of the site in question is above the base flood <br />elevation, that site shall 6e considered outside the SFHA and the floodplain <br />regulations will not be applied. The property owner should be advised to apply <br />for a LOMA. <br />(7). Interpretation. In the interpretation and application of this ordinance all provisions <br />shall be: <br />(A) Considered as minimum requirements; <br />{B}Liberally construed in favor of the governing body; and, <br />{C}Deemed neither to limit nor repeal any other powers granted under state <br />statutes. <br />(S) Warning and Disclaimer of Liability. <br />The degree of flood protection required by this ordinance is considered reasonable <br />for regulatory purposes and is based on available information derived from <br />Page 15 of 31 <br />
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