23-25 Amending Chapter 6, Article 9, of the South Bend Municipal Code to Update the Regulations for Flood Damage Prevention

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(60) Principally above ground means that at least 51 percent of the actual cash value of the structure, less land value, is above ground. (61) Public Freshwater Lake means a naturally formed lake (not man-made) that has been used by the public with the acquiescence of a riparian owner. The term does not include the following: (a) Lake Michigan. (b) A lake lying wholly or in part within the corporate boundaries of any of the three (3) cities having the largest population in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). (c) privately owned body of water: (i) used for the purpose of surface coal mining; or (ii) created as a result of surface coal mining. A listing of Indiana public freshwater lakes is maintained in Natural Resources Commission Information Bulletin#61. (62) Recreational vehicle means a vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping,travel,or seasonal use. (63) Regulatory flood means the flood having a one percent(1%) chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 6-38.3(2) of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood","One-Percent Annual Chance Flood", and"100-Year Flood". (64) Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25%of the market value of the structure before the damage occurred. (65) Riverine means relating to,formed by,or resembling a river(including tributaries),stream, brook,etc. (66) Solid waste disposal facility means any facility involved in the storage or disposal of non- liquid, non-soluble materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored in containers. (67) Special Flood Hazard Area (SFHA), synonymous with"areas of special flood hazard" and floodplain,means those lands within the jurisdiction of the City subject to a one percent 11