HomeMy Public PortalAbout1995-03 Flood Hazard AreasORDINANCE 1995 -3
AN ORDINANCE CONCERNING
FLOOD HAZARD AREAS
Be it ordained by the City Council of the City of Greencastle, Indiana, as follows:
SECTION 1. 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.
SECTION 2. STATEMENT OF PURPOSE.
The purpose of this ordinance 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 to 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 flooding, the
Greencastle City Council hereby adopts the following 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 structures and their contents
in the City by fulfilling the requirements of the National Flood Insurance Program.
SECTION 3. DEFINITIONS. For the purpose of this ordinance, the following definitions are
adopted:
a. Building - see "structure."
b. Development - any man -made change to improved or unimproved real estate including
but not limited to:
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" I . c o n s t r u c t i o n , r e c o n s t r u c t i o n , o r p l a c e m e n t o f a b u i l d i n g o r a n y a d d i t i o n t o a
b u i l d i n g ;
2 . i n s t a l l i n g a m a n u f a c t u r e d h o m e o n a s i t e , p r e p a r i n g a s i t e f o r a m a n u f a c t u r e d
h o m e o r i n s t a l l i n g a r e c r e a t i o n a l v e h i c l e o n a s i t e f o r m o r e t h a n 1 8 0 d a y s ;
3 . i n s t a l l i n g u t i l i t i e s , e r e c t i o n o f w a l l s a n d f e n c e s , c o n s t r u c t i o n o f r o a d s , o r
s i m i l a r p r o j e c t s ;
4 . c o n s t r u c t i o n o f f l o o d c o n t r o l s t r u c t u r e s s u c h a s l e v e e s , d i k e s , d a m s , c h a n n e l
i m p r o v e m e n t s , e t c . ;
5 . m i n i n g , d r e d g i n g , f i l l i n g , g r a d i n g , e x c a v a t i o n , o r d r i l l i n g o p e r a t i o n s .
6 . c o n s t r u c t i o n a n d / o r r e c o n s t r u c t i o n o f b r i d g e s o r c u l v e r t s ;
7 . s t o r a g e o f m a t e r i a l s ; o r
S . a n y o t h e r a c t i v i t y t h a t m i g h t c h a n g e t h e d i r e c t i o n , h e i g h t , o r v e l o c i t y o f f l o o d
o r s u r f a c e w a t e r s .
" D e v e l o p m e n t " d o e s n o t i n c l u d e a c t i v i t i e s s u c h a s t h e m a i n t e n a n c e o f e x i s t i n g b u i l d i n g s a n d f a c i l i t i e s
" s u c h a s p a i n t i n g , r e - r o o f i n g ; r e s u r f a c i n g r o a d s : o r g a r d e n i n g , p l o w i n g , a n d s i m i l a r a g r i c u l t u r a l
p r a c t i c e s t h a t d o n o t i n v o l v e f i l l i n g , g r a d i n g , e x c a v a t i o n , o r t h e c o n s t r u c t i o n o f p e r m a n e n t b u i l d i n g s .
C . E x i s t i n g m a n u f a c t u r e d h o m e p a r k o r s u b d i v i s i o n - m e a n s a m a n u f a c t u r e d h o m e p a r k
o r s u b d i v i s i o n f o r w h i c h t h e c o n s t r u c t i o n o f f a c i l i t i e s f o r s e r v i c i n g t h e l o t s o n w h i c h t h e
m a n u f a c t u r e d h o m e s a r e t o b e a f f i x e d ( i n c l u d i n g , a t a m i n i m u m , t h e i n s t a l l a t i o n o f u t i l i t i e s ,
t h e c o n s t r u c t i o n o f s t r e e t s , a n d e i t h e r f i n a l s i t e g r a d i n g o r t h e p o u r i n g o f c o n c r e t e p a d s ) i s
c o m p l e t e d b e f o r e t h e e f f e c t i v e d a t e o f t h i s o r d i n a n c e .
d . E x p a n s i o n t o a n e x i s t i n g m a n u f a c t u r e d h o m e p a r k o r s u b d i v i s i o n - m e a n s t h e
p r e p a r a t i o n o f a d d i t i o n a l s i t e s b y t h e c o n s t r u c t i o n o f f a c i l i t i e s f o r s e r v i c i n g t h e l o t s o n w h i c h
t h e m a n u f a c t u r e d h o m e s a r e t o b e a f f i x e d ( i n c l u d i n g t h e i n s t a l l a t i o n o f u t i l i t i e s , t h e
c o n s t r u c t i o n o f s t r e e t s , a n d e i t h e r f i n a l s i t e g r a d i n g o r t h e p o u r i n g o f c o n c r e t e p a d s ) .
e . F B F M - F l o o d B o u n d a r y a n d F l o o d w a y M a p .
f . F E M A - F e d e r a l E m e r g e n c y M a n a g e m e n t A g e n c y .
g . F H B M - F l o o d H a z a r d B o u n d a r y M a p .
h . F I R M - F l o o d I n s u r a n c e R a t e M a p .
4 0
® i. Flood _ 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 surface waters from any source.
j. Floodplain - 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
flood plain includes both the floodway and the floodway fringe districts.
k. Flood Protection Grade or the "FPG" - the elevation of the regulatory flood plus two
feet at any given location in the SFHA.
I. Floodwav - the channel of a river or stream 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.
m. Floodway fringe - those portions of the floodplain lying outside the floodway.
n. Letter of May Amendment (LOMA) - 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 FETYIA.
o. Letter of Map Revision (LOMR) - An official revision to the currently effective
FEMA map. It is issued by FEMA and chances flood zones, delineations. and elevations.
P. Lowest Floor - means the lowest of the following:
1. the top of the basement floor;
2. the top of the garage floor, if the garage is the lowest level of the building;
3. the top of the first floor of buildings elevated on pilings or constructed on a
crawl space with permanent openings; or
4. the top of the floor level of any enclosure below an elevated building where
the walls of the enclosure provide any resistance to the flow of flood waters unless:
a) the walls are designed to automatically equalize the hydrostatic flood forces on
the walls by allowing for the entry and exit of flood waters, by providing a minimum
of two openings (in addition to doorways and windows) having a total area of one (1)
square foot for every two (2) square feet of enclosed area subject to flooding. The
bottom of all such openings shall be no higher than one (1) foot above grade.
b) such.enclosed space shall be usable for the parking of vehicles and building
® access.
q. Manufactured 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 home" does not
include a "recreational vehicle."
r. New manufactured home park or subdivision - means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured 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 this ordinance.
S. Recreational vehicle - means a vehicle which is (1) built on a single chassis; (.. ) 4
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 quarters for recreational camping, travel, or seasonal
use.
t. 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 Indiana Natural Resources Commission and the Federal Emergency
Management Agency. The regulatory flood elevation at any location is a defined in Section
5 of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood."
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U. SFHA or Special Flood Hazard Area. The SFHAs of those parts of unincorporated
Putnam County that are within the extraterritorial jurisdiction of the City that may be
annexed into the City are generally identified as such on the Flood Insurance Rate Map
prepared for Putnam County by the Federal Emergency Management Agency and dated
October 1, 1992.
V. Structure - means a structure that is principally above ground and is enclosed by walls
and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a .
prefabricated building. The term also includes recreational vehicles to be instailed on a site
for more than 180 days.
W. Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 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 structures continued
designation as a "historic structure ".
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® SECTION 4. DUTIES OF THE ADMINISTRATOR
The City Engineer shall implement this ordinance and hereafter be referred to as the Zoning
Administrator. The Zoning Administrator for the Citv of Greencastle is appointed to review all
development and subdivision proposals to ensure compliance with the ordinance, including but not
limited to the following duties:
a. Ensure that all development activities within the SFHAs of the jurisdiction of the City
meet the requirements of this ordinance.
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 Indiana Natural
Resources Commission for all development projects subject to Section 7 of this ordinance,
and maintain a record or such authorization (either copy of actual permit or letter of
recommendation).
d. Maintain a record of 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 8 of this ordinance.
f. Cooperate with state and federal floodplain management agencies to improve base
flood and floodway data and to improve the administration of this ordinance. 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
DNR permits and letters of recommendation, federal permit documents, and "as- built"
elevation and floodproofing data for all building constructed subject to this ordinance.
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.
SECTION 5. 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
Department of Natural Resources for review and approval.
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a. The regulatory flood elevation and floodway limits for the SFHAs of those parts of
unincorporated Putnam County as delineated on the Flood Insurance Rate Map for Putnam
County dated October 1, 1992 that are within the extraterritorial jurisdiction of the City or
that may be annexed into the City shall be according to the best data available as provided by
the Department of Natural Resources.
SECTION 5. IMPROVEMENT LOCATION PERMIT.
No person, firm, corporation, or governmental body not exempted by state law shall commence any
"development" in the SFHA without first obtaining an Improvement Location Permit from the
Zoning Administrator. The Zoning Administrator shall not issue an Improvement Location Permit if
the proposed "development" does not meet the requirements of this ordinance.
a. The application for an Improvement Location Permit shall be accompanied by the
following:
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.
S 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
development. Elevation should be in National Geodetic Vertical Datum of 1929
(NGVD) or North American Vertical Datum (NAVD). In either case the conversion
formula should be included.
b. Upon receipt of an application for an Improvement Location Permit, the Zoning
Administrator shall determine if the site is located within an identified floodway, floodway
fringe or within the floodplain where the limits of the floodway have not yet been
determined.
1. If the site is in an identified floodway the Zoning Administrator shall require
the applicant to forward the application, along with all pertinent plans and
specifications, to the Department of Natural Resources and apply for a permit for
construction in a floodway.
Under the provisions of IC 13 -2 -22 a permit from the Natural Resources Commission
is required prior to the issuance of a local building permit for any excavation, deposit.
• construction or obstruction activity located in the floodway. This includes land
preparation activities such as tilling, grading, clearing and paving etc. undertaken
before the actual start of construction of the building.
® No action shall be taken by the Zoning Administrator until a permit has been issued .
by the Natural Resources Commission granting approval for construction in the
floodway. Once a permit has been issued by the Natural Resources Commission, the
Zoning Administrator may issue the local Improvement Location Permit, provided the
provisions contained in Sections 7 and 8 of this ordinance have been met. The
Improvement Location Permit cannot be less restrictive than the permit issued by the
Natural Resources Commission.
2. If the site is located in an identified floodway fringe, then the Zoning
Administrator may issue the local Improvement Location Permit provided the
provisions contained in Sections 7 and 8 of this ordinance 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
floodway fringe have not yet been determined. and the drainage area upstream of the
site is greater than one square mile, the Zoning Administrator shall require the
applicant to forward the application, along with all pertinent plans and specifications,
to the Department of Natural Resources for review and comment.
No action shall be taken by the Zoning Administrator until either a permit for
® construction in the floodway or a letter of recommendation citing the 100 year flood
elevation and the recommended Flood Protection Grade has been received from the
Department of Natural Resources.
Once the Zoning Administrator has received the proper permit or letter of
recommendation approving the proposed development, an Improvement Location
Permit may be issued provided the conditions of the Improvement Location Permit are
not less restrictive than the conditions received from Natural Resources and the
provisions contained in Sections 7 and 8 of this ordinance have been met.
4. If the sight is in an identified floodplain where the limits of the floodway and
floodway fringe have not vet been determined and the drainage area upstream of the
site is less than one square mile, the Zoning Administrator shall require the applicant
to provide an engineering analysis showing the limits of the floodway, floodway
fringe and 100 year elevation for the site.
Upon receipt, the Zoning Administrator may issue the local Improvement Location
Permit, provided the provisions contained in Sections 7 and 8 of this ordinance have
been met.
SECTION 7. PREVENTING INCREASED DAMAGES.
® No development in the SFHA shall create a damaging or potentially damaging increase in flood
heights or velocity or threat to public health and safety.
® a. Within the floodway identified on the Flood Boundary and Floodway Map, the Flood
Insurance Rate Map, or engineering analysis as provided in Section 6.b.4., the following
standards shall apply:
1. No development shall be allowed which acting alone or in combination with
existing or future development, will cause any increase in the elevation of the
regulatory flood; and
2. For all projects involving channel modifications or fill (including levees) the
City shall submit the data and request that the Federal Emergency Management
Agency revise the regulatory flood data.
b. Within all SFHAs identified as A Zones (no 100 year flood elevation and /or
floodway /flood way fringe delineation has been provided) the following standard shall apply:
1. 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 one -tenth (0.1) of one foot and will not increase flood damages or
potential flood damages.
C. Public Health Standards in all SFHAs
® 1. No deveiopment 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 requirements of
Section 8 of this ordinance.
2. New and replacement sanitary sewer lines and on -site waste disposal systems
may be permitted providing all manholes or other above ground openings are located
above the FPG, or those which are located below the FPG are watertight.
SECTIONS. PROTECTING BUILDINGS.
In addition to the damage prevention requirements of Section 7, all buildings to be located in the
SFHA shall be protected from flood damage below the FPG.
a. This building protection requirement applies to the following situations:
1. construction or placement of any new building having a floor area greater than
400 square feet;
2. structural alterations made to:
® a. an existing (previously unaltered) building, the cost of which equals or
exceeds 50% 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 that are valued at or
more than 50% of the market value of the building (excluding the value of the land)
before damage occurred;
4. installing a manufactured home on a new site or a new manufactured home on
an existing site. This ordinance does not apply to returning the existing manufactured
home to the same site it lawfully occupied before it was removed to avoid flood
damage; and
5. installing a travel trailer or recreational vehicle on a site for more than 180
days.
b. This building protection requirement may be met by one of the following methods.
The Zoning Administrator shall maintain a record of compliance with these building
protection standards as required in Section 4 of this ordinance.
1. A residential or nonresidential building may be constructed on a permanent
land fill in accordance with the following:
® a. The fill shall be placed in layers no greater than 1 foot deep before
compacting to 45% of the maximum density obtainable with the Standard
Protor Test method.
b. The fill should extend at least ten feet beyond the foundation of the
building before sloping below the FPG.
C. The fill shall be protected against erosion and scour during flooding by
vegetative cover, riprap, or bulkheading. If vegetative cover is used, the
slopes shall be no steeper than 3 horizontal to i 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 3. Definitions) shall be at or above the FPG.
2. A residential or nonresidential building may be elevated in accordance with the
following:
a. The building or improvements shall be elevated on posts, piers,
columns, extended walls, or other types of similar foundation provided:
1) Walls of any enclosure below the elevated floor shall be
designed to automatically equalize hydrostatic flood forces on the walls
® by allowing for the entry and exit of flood waters, through providing a
minimum of two openings (in addition to doorways and windows)
having a total area of one(1) square foot for every two (2) square feet
of enclosed area subject to flooding. The bottom of all such opening
shall be no higher than one (1) foot above grade.
2) Any enclosure below the elevated floor is used for storage of
vehicles and building access.
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 buoyancy, current, waves, ice, and
floating debris.
C. All areas below the FPG shall be constructed of materials resistant to
I
ood damage. The top of the lowest floor (including basement) and all
electrical, heating, ventilating, plumbing, and air conditioning equipment and
utility meters shall be located at or above the FPG. Water and sewer pipes,
electrical and telephone lines, submersible pumps, and other watemroofed
service facilities may be located below the FPG.
3. Manufactured homes and recreational vehicles to be installed or substantially
improved on a site for more than 180 days must meet one of the following anchoring
requirements:
a. The manufactured 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 homes to be
placed on a site;
1) outside a manufactured home park or subdivision;
2) in a new manufactured home park or subdivision;
3) in an expansion to an existing manufactured home park or
subdivision; or
4) in an existing manufactured home park or subdivision on which
a manufactured home has incurred "substantial damage as a result of a
flood.
b. This requirement applies to all manufactured homes to be placed on a
® site in an existing manufactured home park or subdivision that has not been
substantially damaged by a flood.
® The manufactured home shall be elevated so that the lowest floor of the
manufactured 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.
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, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions); or
C. meet the requirements for "manufactured homes" in paragraph (3) of
this section.
5. A non - residential building may be floodproofed to the FPG (in lieu of
elevating) if done in accordance with the following:
a. A 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.
SECTION 9. OTHER DEVELOPMENT REQUIREMENTS.
a. The Zoning Administrator shall review all proposed subdivisions to determine
whether the subdivision lies in a flood hazard area as defined else where by ordinance. If
the Zoning Administrator finds the subdivision to be so located, the Zoning Administrator
shall forward plans and materials to the Indiana Department of Natural Resources for review
and comment. The Zoning Administrator 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;
4. onsite waste disposal systems, if provided, will be so located and designed to
® avoid 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 this ordinance) within a flood hazard area prior to
submitting the plats for approval by the Plan Commission.
C. All owners of manufactured home parks or subdivisions located within the SFHA
identified as Zone A on the community's FHBM or FIRM shall develop an evacuation plan
for those lots located in the SFHA and File it with the local Plan Commission and have it
filed with and approved by the appropriate community emergency management authorities.
SECTION 10. VARIANCES.
a. The Board of Zoning Appeals may consider issuing a variance to the terms and
provisions of this ordinance provided 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 ordinance 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 Board of Zoning Appeals may issue a variance to the terms and provisions of this
ordinance subject to the following standards and conditions:
1. No variance or exception for a residential use within a floodway subject to
Section 7 (a) or (b) of this ordinance may be granted.
2. Any variance or exception granted in a floodway subject to Section 7 (a) or (b)
of this ordinance will require a permit from Natural Resources.
3. Variances or exceptions to the Building Protection Standards of Section 8 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
® Survey of Historic Architectural, Archaeological and Cultural Sites, Structures,
Districts, and Objects;
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; and
6. The Board of Zoning Appeals shall issue a written notice 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 flood insurance
premiums.
SECTION 11. DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance 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 ordinance does not
create any liability on the part of the community, Natural Resources, or the State of Indiana, for any
flood damage that results from reliance on this ordinance or any administrative decision made
lawfully thereunder.
SECTION 12. VIOLATIONS.
Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with the
requirements of a permit of conditions of a variance shall be deemed to be a violation of this
ordinance. All violations shall be considered a common nuisance and be treated as such in
® accordance with the provisions of the Zoning Code for the City of Greencastle. All violations shall
be punishable by a fine not exceeding 5 100.00 per day
a. A separate offense shall be deemed to occur for each day the violation continues to
exist.
b. The Greencastle 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.
C. Nothing herein shall prevent the City from taking such other lawful action to prevent
or remedy any violations. All cost connected therewith shall accrue to the person or persons
responsible.
SECTION 13. ABROGATION AND GREATER RESTRICTION.
This ordinance repeals and replaces other ordinances adopted by the City to fulfill the requirements
of the National Flood Insurance Program, including Chapter 840 Flood Damage Prevention of Title
8 Planning Development Land Use and Zoning. However, this ordinance does not repeal the
original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this
ordinance repeal, obrogate, or impair any existing easements, covenants, or deed restrictions.
Where this ordinance and other ordinance easements, covenants, or deed restrictions conflict or
overlap, whichever imposes the more stringent restrictions shall take precedence. in addition, the
City shall assure that all National Flood Insurance Program regulations and laws (310 IAC 6 -1 -1, IC
13 -2 -22 and IC 13 -2 -22.5) are met.
SECTION 14. SEPARABILITY.
The provisions and sections of this ordinance shall be deemed separable and the invalidity of any
portion of this ordinance shall not affect the validity of the remainder.
SECTION 15. EFFECTIVE DATE.
This ordinance shall take effect upon its passage by Greencastle City Council.
PASSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this
4 1 day of 1995.
ichael M. Harmless, Mayor
ATTEST:
Ridith Berry, Clerk- Treasur r
,
Presented by me to the Mayor of Greencastle, Indiana this day of
�I Li, :( 1 1995, at o'clock M.
1
i72
Judith Berry, Clerk-Treasurer,l
Approved and signed by me this day of f�w��'�� 1995, at
o'clock .m.
Z_—
Michael M. Harmless, Mayor
ATTEST:
® Judith Berry, Clerk-Treasurer'
MAIN \ORD1995 -3
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