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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(c) No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this ordinance and other applicable regulations. (5) Abrogation and Greater Restrictions This ordinance is not intended to repeal,abrogate,or impair any existing easements,covenants, or deed restrictions. However,where this ordinance and another conflict or overlap,whichever imposes the more stringent restrictions shall prevail. (6) Discrepancy between Mapped Floodplain and Actual Ground Elevations (a) In cases where there is a discrepancy between the mapped floodplain(SFHA) with base flood elevations provided(riverine or lacustrine Zone AE)on the FIRM and the actual ground elevations,the elevation provided on the profiles or table of still water elevations shall govern. (b) If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly. (c) If the natural grade elevation of the site in question is at or above the base flood elevation and a LOMA or LOMR-FW is obtained, the floodplain regulations will not be applied provided the LOMA or LOMR-FW is not subsequently superseded or invalidated. (7) Interpretation In the interpretation and application of this ordinance all provisions shall be: (a) Considered as minimum requirements. (b) Liberally construed in favor of the governing body. (c) Deemed neither to limit nor repeal any other powers granted under state statutes (8) Warning and 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 City of South Bend, the Indiana Department of 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. (9) Penalties for Violation Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or 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 South Bend. All violations shall be punishable by a fine as set forth in Section 21-13.02(h). (a) A separate offense shall be deemed to occur for each day the violation continues to exist. (b) The City of South Bend Zoning Administrator 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 of South Bend from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Sec.6-38.4.—Administration. (1) Designation of Administrator The Common Council of the City of South Bend hereby appoints the Building Commissioner to administer and implement the provisions of this ordinance and is herein referred to as the Floodplain Administrator. 15