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

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(i) New construction or substantial improvement of any non-residential structures (excludes accessory structures) shall meet provisions described in Section 6-38.5(1) and applicable general standards described in Section 6-38.5(2). (ii) In Zone A and Zone AE,new construction,or substantial improvement of any commercial, industrial, or non-residential structure (excludes accessory structures) shall either have the lowest floor, including basement, elevated to or above the FPG or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 6-38.5(3)(c)(iii). Should fill be used to elevate a structure, the standards of Section 6-38.5(3)(c)(iv)must be met. (iii)Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement. 1. Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings: A. Provide a minimum of two openings on different sides of an enclosure. If more than one enclosed area is present, each must have openings on exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area). B. The bottom of all openings shall be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening. C. If the floor of the enclosure is below the BFE,the openings must be located wholly below the BFE. D. If the floor of the enclosure is at or above the BFE, but below the FPG,the openings must be located wholly below the FPG. E. Doors and windows do not qualify as openings. F. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. G. Openings are to be not less than 3 inches in any direction in the plane of the wall. This requirement applies to the hole in the wall,excluding any device that may be inserted such as typical foundation air vent device. 2. The floor of such enclosed area must be at or above grade on at least one side. (iv)A nonresidential structure may be constructed on fill in accordance with the following: 1. Shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance shall be retained in the permit file. 2. Shall extend ten (10) feet beyond the foundation of the structure before sloping below the BFE. 3. Shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than 3' horizontal to 1' vertical. 4. Shall not adversely affect the flow of surface drainage from or onto neighboring properties. 5. Shall be composed of clean granular or earthen material. (v) A nonresidential structure may be floodproofed in accordance with the following: 1. A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG,the 23