11197-25 Amending Chapter 6, Article 9, of the South Bend Municipal Code to Update the Regulations for Flood Damage Prevention

Home Browse Search

BILL NO. 23-25 ORDINANCE NO. 11197-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6, ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE REGULATIONS FOR FLOOD DAMAGE PREVENTION STATEMENT OF PURPOSE AND INTENT Chapter 6, Article 9 of the South Bend Municipal Code provides the regulations for flood damage prevention within the City of South Bend. The Indiana Department of Natural Resources ("IDNR"), has developed a model floodplain ordinance for adoption by municipalities participating in the National Flood Insurance Program ("NFIP") in connection with the Federal Emergency Management Agency("FEMA"). The tailored language of this proposed ordinance has been approved by the Indiana Department of Natural Resources. Following adoption of this ordinance,the ordinance will be sent to IDNR for submission to FEMA in connection with the National Flood Insurance program. This proposed ordinance provides a more comprehensive regulatory framework by detailing broader public safety goals, such as preserving flood storage and minimizing flood- related economic losses. The proposed ordinance also expands on key definitions and includes provisions for critical facilities such as hospitals and emergency services. The proposed ordinance incorporates detailed enforcement provisions, emphasizing proactive flood risk mitigation. The proposed ordinance also introduces a formal appeals process, specifying evaluation criteria and ensuring alignment with FEMA floodplain management standards. The proposed ordinance, as a whole, provides a more detailed, structured, and enforceable framework for managing flood risks. This ordinance amendment is necessary for the effective, efficient administration of the City's enforcement and regulation of the floodplain. This ordinance is in the best interest of the City and its residents. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 6, Article 9 shall be amended to read in its entirety as follows: FLOODPLAIN CODE Sec. 6-38.1.—Statutory Authorization,Findings of Fact, Purpose, and Methods (1) Statutory Authorization The Indiana Legislature has in IC 36-1-4-11 granted the power to local government units to control land use within their jurisdictions. Therefore,the Common Council of the City of South Bend hereby adopts the following floodplain management regulations. (2) Findings of Fact The flood hazard areas of St. Joseph County within the city limits of the City of South Bend, herein after referred to as the City, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. Additionally, structures that are inadequately elevated, floodproofed, or 1