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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greater than one square mile. Whenever a party disagrees with the best available flood layer, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved. (c) The regulatory flood elevation for each SFHA of a public freshwater lake within the jurisdiction of the City delineated as an"Zone AE"on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map shall be in the stillwater elevation tables in the Flood Insurance Study of St. Joseph County, Indiana and Incorporated Areas dated January 6, 2011 and any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. A listing of Indiana public freshwater lakes can be found in Natural Resources Commission Information Bulletin#61. (d) The regulatory flood elevation for each SFHA of a public freshwater lake within the jurisdiction of the City delineated as an "Zone A" on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6,2011 as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best available flood layer as provided by the Indiana Department of Natural Resources,provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available flood layer data,the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved. A listing of Indiana public freshwater lakes is maintained in Natural Resources Commission Information Bulletin#61. (e) 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 available flood layer as provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile. (f) Upon issuance of a Letter of Final Determination(LFD),any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA. (3) Establishment of Floodplain Development Permit A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities in areas of special flood hazard. (4) Compliance (a) No structure shall hereafter be located, extended,converted, or structurally altered within the SFHA without full compliance with the terms of this ordinance and other applicable regulations. (b) Where an existing or proposed structure or other development is affected by multiple flood zones,by multiple base flood elevations, or both,the development activity must comply with the provisions of this ordinance applicable to the most restrictive flood zone and the most conservative(highest)base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development. 14