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Amending Chapter 21 Article 12 Floodplain Regulations, in order to Adopt the Most Recent Federal and State Requirements
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Amending Chapter 21 Article 12 Floodplain Regulations, in order to Adopt the Most Recent Federal and State Requirements
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12/2/2015 12:17:21 PM
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12/2/2015 12:17:09 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/23/2015
Ord-Res Number
10405-15
Bill Number
70-15
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floodway. (IC 14-28-1-26 allows construction of non-substantial additions/ <br /> improvements to residences in a non-boundary river floodway without obtaining <br /> a permit for construction in the floodway from the Indiana Department of <br /> Natural Resources. Please note that if fill is needed to elevate an addition above <br /> the existing grade,prior approval for the fill is required from the Indiana <br /> Department of Natural Resources). <br /> (B) No action shall be taken by the Floodplain Administrator until a permit(when <br /> applicable)has been issued by the Indiana Department of Natural Resources <br /> granting approval for construction in the floodway. Once a permit for <br /> construction in a floodway or letter of authorization has been issued by the <br /> Indiana Department of Natural Resources,the Floodplain Administrator may <br /> issue the local Floodplain Development Permit, provided the provisions <br /> contained in Section 21-12.05 of this Article have been met. The Floodplain <br /> Development Permit cannot be less restrictive than the permit for construction <br /> in a floodway issued by the Indiana Department of Natural Resources. <br /> However, a community's more restrictive regulations(if any) shall take <br /> precedence. <br /> (C) No development shall be allowed, which acting alone or in combination with <br /> existing or future development, that will adversely affect the efficiency of, or <br /> unduly restrict the capacity of the floodway. This adverse affect is defined as an <br /> increase in the elevation of the regulatory flood of at least fifteen-hundredths <br /> (0.15) of a foot as determined by comparing the regulatory flood elevation <br /> under the project condition to that under the natural or pre-floodway condition <br /> as proven with hydraulic analyses. <br /> (D) For all projects involving channel modifications or fill (including levees)the <br /> City of South Bend, Indiana shall submit the data and request that the Federal <br /> Emergency Management Agency revise the regulatory flood data per mapping <br /> standard regulations found at 44 CFR § 65.12. <br /> (6) Standards for Identified Fringe. If the site is located in an identified fringe,then the <br /> Floodplain Administrator may issue the local Floodplain Development Permit <br /> provided the provisions contained in Section 21-12.05 of this Article have been met. <br /> The key provision is that the top of the lowest floor of any new or substantially <br /> improved structure shall be at or above the FPG. <br /> (7) Standards for SFHAs without Established Base Flood Elevation and/or <br /> Floodways/Fringes. <br /> (A) Drainage area upstream of the site is greater than one square mile: <br /> i. If the site is in an identified floodplain where the limits of the floodway <br /> and fringe have not yet been determined, and the drainage area upstream <br /> of the site is greater than one square mile,the Floodplain Administrator <br />
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