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(5) Standards for Identified Floodways. <br />(A) Located within SFHAs, established in Section (c) (2) of this ordinance, are <br />areas designated as floodways. The floodway is an extremely hazardous area <br />due to the velocity of floodwaters, which carry debris, potential projectiles, and <br />has erosion potential. If the site is in an identified floodway, the Floodplain <br />Administrator shall require the applicant to forward the application, along with <br />all pertinent plans and specifications, to the Indiana Department of Natural <br />Resources and apply for a permit for construction in a floodway. Under the <br />provisions of IC 14-28-1 a permit for construction in a floodway from the <br />Indiana Department of Natural Resources is required prior to the issuance of a <br />local building permit for any excavation, deposit, construction, or obstruction <br />activity located in the floodway. This includes land preparation activities such <br />as filling, grading, clearing and paving etc. undertaken before the actual start of <br />construction of the structure. However, it does exclude non-substantial <br />additions/improvements to existing (lawful) residences in anon-boundary river <br />floodway. (IC 14-28-1-26 allows construction of non-substantial additions/ <br />improvements to residences in anon-boundary river floodway without obtaining <br />a permit for construction in the floodway from the Indiana Department of <br />Natural Resources. Please note that if fill is needed to elevate an addition above <br />the existing grade, prior approval (construction in a floodway permit) for the fill <br />is required from the Indiana Department of Natural Resources.) <br />(B) No action shall be taken by the Floodplain Administrator until a permit (when <br />applicable) has been issued by the Indiana Department of Natural Resources <br />granting approval for construction in the floodway. Once a permit for <br />construction in a floodway has been issued by the Indiana Department of <br />Natural Resources, the Floodplain Administrator may issue the local Floodplain <br />Development Permit, provided the provisions contained in Section (e) of this <br />ordinance have been met. The Floodplain Development Permit cannot be less <br />restrictive than the permit for construction in a floodway issued by the Indiana <br />Department of Natural Resources. However, a community's more restrictive <br />regulations (if any) shall take precedence. <br />(C) No development shall be allowed which acting alone or in combination with <br />existing or future development, will increase the regulatory flood more than <br />0.14 of one foot; and <br />(D) For all projects involving channel modifications or fill (including levees) the <br />City of South Bend shall submit the data and request that the Federal <br />Emergency Management Agency revise the regulatory flood data. <br />(6) Standards for Identified Fringe. <br />If the site is located in an identified fringe, then the Floodplain Administrator may <br />issue the local Floodplain Development Permit provided the provisions contained in <br />Section (e) of this ordinance have been met. The key provision is that the top of the <br />Page 26 of 31 <br />