HomeMy WebLinkAboutEstablishing a review procedure for development in special flood hazard areasAttest:
RESOLUTION
No. 482 -75
Passed by the Common Council of the City of South Bend, Indiana,
MAY 27, 19 75
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City Clerk
Attest: (/ /G" lw // 4/1 ,/ 1-tly-i//LIf President of Common Council.
Presented by me to the Mayor of the City of South Bend, India
MAY 28, 19 75
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Approved and signed by me
City Clerk
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RESOLUTION ESTABLISHING A REVIEW PROCEDURE FOR
DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS
WHEREAS, in conjunction with the implementation of the National
Flood Insurance Program, the Federal Insurance Administration
has identified those areas in the City of South Bend, Indiana,
having special flood hazards; and
WHEREAS, it is the intent of the Common Council of the City
of South Bend, Indiana, to establish a review procedure to
apply as a minimum to all proposed development in special
flood hazard areas;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA AS FOLLOWS:
1. The review of proposed development in special flood hazard
areas shall take into account flood plain management
programs, if any, already in effect in neighboring areas.
2. Within special flood hazard areas, laws and ordinances
concerning land use and control and other measures designed
to reduce flood losses shall take precedence over con-
flicting laws, ordinances, and codes.
3. Subdivision proposals, new or replacement water supply
systems or sanitary sewer systems, applications for building
permits and petitions for the granting of variances and
special uses within special flood hazard areas shall be
reviewed by the City and its agencies. If it appears that
any of the above will be adversely affected by the special
flood hazard area or that the flood hazard will adversely
affect an above noted activity, the City shall require the
review and approval by the Department of Natural Resources
of the State of Indiana prior to its approval of any of
the above noted activities. Such proposals shall be
reviewed in accordance with the following standards:
a. Subdivision proposals shall be reviewed to assure
that (i) all such proposals are consistent with
the need to minimize flood damage, (ii) all public
utilities and facilities, such as sewer, gas,
electrical, and water systems are located, elevated,
and constructed to minimize or eliminate flood
damage, and (iii) adequate drainage is provided so
as to reduce exposure to flood hazards.
b. New or replacement water supply systems or sanitary
sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the
systems and discharges from the systems into flood
waters, and onsite water disposal systems shall be
located so as to avoid impairment of them or con-
tamination from them during flooding.
C. Building Permit applications for new construction,
substantial improvement, and major repairs shall be
reviewed to assure that the proposed construction (i) is
protected against flood damage, (ii) is designed (or
modified) and anchored to prevent flotation, collapse,
or lateral movement of the structure, (iii) uses
construction materials and utility equipment that are
resistant to flood damage, and (iv) uses construction
methods and practices that will minimize flood damage.
d. Petitions for variance and special uses shall be
reviewed to assure that the proposed variance or
special use is in accordance with the above flood
plain management control standards.
4. Upon receipt of a Flood Insurance Rate Study and on
publication and receipt of a Flood Insurance Rate Map
for the City of South Bend, Indiana, from the Federal
Insurance Administration, the Common Council of the
City of South Bend will enact and enforce the land use
controls required under the provisions of the National
Flood Insurance Program, based on the engineering data
included in said report.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, THIS a 17 f--k DAY OF ` %�, , 19'75 .
IC /
ATTEST: 4-"' K
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PRESENTED S - -� % - % s-
NOT APPROVED
ADOPTED 5 - a '7 - ? -5-
FILED IN CLERK'S OFFICE
MAY 15 1975
We Gammon
CITY OF SOUTH BEND
South Bend, Indiana 46601
Jerry J. Miller
Mayor
Rollin E. Farrand, Sr., P. E.
Director, Public Works
Members of the
441 County /City
South Bend, IN
Gentlemen:
Common Council
Building
46601
On November 8, 1971 the Common Council of the
Resolution No. 288 -71 which was ''a resolution
or property owners of the City of South Bend
Federal Flood Insurance.''
Reply To: Department
of Public Works
May 14, 1975
City of South Bend passed
to enable residents and/
to apply for low -cost
As a part of the continuing process to enable residents and /or property
owners to continue to be eligible for flood insurance, it is necessary
that an additional resolution be passed at this time. This resolution
establishes the review procedure for development in special flood
hazard areas.
In addition to flood insurance eligibility, failure to pass appropriate
follow -up legislation subsequent to the above referenced November 8,
1971 resolution would result in the inability of any developer or property
owner to receive a loan from a federally insured lending institution or
to be eligible for any Federal funding in the flood plain area.
This resolution has been prepared by the Area Plan Commission and reviewed
by the City Department of Public Works. I recommend your favorable con-
sideration of this resolution.
Very truly yours,
Rollin E. Farrand, P. E.
Director
REF:amc
CC: Richard Johnson
Forrest West