HomeMy WebLinkAbout10037-10 Amend Code- Ch. 21 Zoning FloodPlain RegulationsORDINANCE No. ,eo~~,o
Passed by the Common Council of the City of South Bend, Indiana
September 13,
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
September 14, 20 10
City Clerk
President of Common Council
City Clerk
Approved and signed by me September 15 , 20 10
Mayer
20 10
BILL NO.
ORDINANCE NO. 1~ ~~31 J~a
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, REPEALING AND REPLACING CHAPTER 21, ZONING, ARTICLE 12,
FLOODPLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL
AND STATE REQUIREMENTS.
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 21 of the South Bend Municipal Code,
Article 12, Floodplain Regulations to reflect changes in the Indiana Code.
The Common Council of the City of South Bend recognizes its duty to enact amendments
to the Floodplain Regulations in order to continue to qualify for participation in the National
Flood Insurance Program.
The Common Council further recognizes that a new study of the flood-prone areas in the
City of South Bend, Indiana, has been prepared and published by the Federal Emergency
Management Agency, and identifies the floodplains, floodways and floodway fringe areas within
the City in conjunction with the National Flood Insurance Program.
Now, Therefore, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. That CHAPTER 21, ARTICLE 12, FLOODPLAIN REGULATIONS, be
deleted in its entirety.
Section 2. That CHAPTER 21, ZONING, of the MUNICIPAL CODE of the City of
South Bend, Indiana, be amended by adding the following new ARTICLE:
ARTICLE 12. FLOODPLAIN REGULATIONS
SECTION 21-12 FLOODPLAIN REGULATIONS
(a) Statutory Authorization, Findings of Fact, Purpose, and Objectives
(1) Statutory Authorization. The Indiana Legislature has in IC 36-7-4 and IC 14-28-4
granted the power to local government units to control land use within their
jurisdictions. Therefore, the Common Council of City of South Bend, Indiana does
hereby adopt the following floodplain management regulations.
(2) Findings of Fact.
(A)The flood hazard areas of the City of South Bend, Indiana 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.
(B) These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities, and by the
occupancy in flood hazard areas by uses vulnerable to floods or hazardous to
other lands which are inadequately elevated, flood-proofed, or otherwise
unprotected from flood damages.
(3) Statement of Purpose. It is the purpose of this ordinance to promote the public
health, safety, and general welfare and to minimize public and private losses due to
flood conditions in specific areas by provisions designed to:
(A) Restrict or prohibit uses which are dangerous to health, safety, and property due
to water or erosion hazards, which result in damaging increases in erosion or in
flood heights or velocities;
(B) Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood waters;
(D) Control filling, grading, dredging, and other development which may increase
erosion or flood damage;
(E) Prevent or regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands; and,
(F) Make federally subsidized flood insurance available for structures and their
contents in the City of South Bend, Indiana by fulfilling the requirements of the
National Flood Insurance Program.
(4) Objectives. The objectives of this ordinance are:
(A) To protect human life and health;
(B) To minimize expenditure of public money for costly flood control projects;
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(C) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(D) To minimize prolonged business interruptions;
(E) To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone, and sewer lines, streets, and bridges located in
floodplains;
(F) To help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize flood blight
areas, and;
(G) To ensure that potential homebuyers are notified that property is in a flood area.
(b) Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
ordinance its most reasonable application. In addition to the definitions contained in
Article 12 -Definitions, the following definitions shall apply to the Floodplain
Regulations of this Chapter.
(1) A zone means portions of the SFHA in which the principal source of flooding is
runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters
may move slowly or rapidly, but waves are usually not a significant threat to
buildings. These areas are labeled as Zone A, Zone AE, Zones Al-A30, Zone AO,
Zone AH, Zone AR and Zone A99 on a FIRM or FHBM. The definitions are
presented below:
Zone A: Areas subject to inundation by the one-percent annual chance flood event.
Because detailed hydraulic analyses have not been performed, no base flood
elevation or depths are shown. Mandatory flood insurance purchase requirements
apply.
Zone AE and Al-A30: Areas subject to inundation by the one-percent annual chance
flood event determined by detailed methods. Base flood elevations are shown
within these zones. Mandatory flood insurance purchase requirements apply.
(Zone AE is on new and revised maps in place of Zones Al-A30.)
Zone AO: Areas subject to inundation by one-percent annual chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between one and
three feet. Average flood depths derived from detailed hydraulic analyses are
shown within this zone. Mandatory flood insurance purchase requirements apply.
Zone AH: Areas subject to inundation by one-percent annual chance shallow flooding
(usually areas of ponding) where average depths are between one and three feet.
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Average flood depths derived from detailed hydraulic analyses are shown within
this zone. Mandatory flood insurance purchase requirements apply.
Zone AR: Areas that result from the decertification of a previously accredited flood
protection system that is determined to be in the process of being restored to
provide base flood protection. Mandatory flood insurance purchase requirements
apply.
Zone A99: Areas subject to inundation by the one-percent annual chance flood event, but
which will ultimately be protected upon completion of anunder-construction
Federal flood protection system. These are areas of special flood hazard where
enough progress has been made on the construction of a protection system, such as
dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone
A99 may only be used when the flood protection system has reached specified
statutory progress toward completion. No base flood elevations or depths are
shown. Mandatory flood insurance purchase requirements apply.
(2) Accessory structure (appurtenant structure) means a structure that is located on the
same parcel of property as the principal structure and the use of which is incidental
to the use of the principal structure. Accessory structures should constitute a
minimal initial investment, may not be used for human habitation, and be designed
to have minimal flood damage potential. Examples of accessory structures are
detached garages, carports, storage sheds, pole barns, and hay sheds.
(3) Addition (to an existing structure) means any walled and roofed expansion to the
perimeter of a structure in which the addition is connected by a common load-
bearing wall other than a firewall. Any walled and roofed addition, which is
connected by a firewall or is separated by independent perimeter load-bearing
walls, is new construction.
(4) Appeal means a request for a review of the floodplain administrator's interpretation
of any provision of this ordinance or a request for a variance.
(5) Area of shallow flooding means a designated AO or AH Zone on the community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
(6) Base Flood Elevation (BFE) means the elevation of the one-percent annual chance
flood.
(7) Basement means that portion of a structure having its floor sub-grade (below
ground level) on all sides.
(8) Building -see "Structure."
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(9) Community means a political entity that has the authority to adopt and enforce
floodplain ordinances for the area under its jurisdiction.
(10) Community Rating System (CRS) means a program developed by the Federal
Insurance Administration to provide incentives for those communities in the
Regular Program that have gone beyond the minimum floodplain management
requirements to develop extra measures to provide protection from flooding.
(11} Critical facility means a facility for which even a slight chance of flooding might be
too great. Critical facilities include, but are not limited to, schools, nursing homes,
hospitals, police, fire, and emergency response installations, installations which
produce, use or store hazardous materials or hazardous waste.
(12) Development means any man-made change to improved or unimproved real estate
including but not limited to:
(A) construction, reconstruction, or placement of a structure or any addition to a
structure;
(B) installing a manufactured home on a site, preparing a site for a manufactured
home or installing recreational vehicle on a site for more than 180 days;
(C) installing utilities, erection of walls and fences, construction of roads, or similar
projects;
(D) construction of flood control structures such as levees, dikes, dams, channel
improvements, etc.;
(E) mining, dredging, filling, grading, excavation, or drilling operations;
(F) construction and/or reconstruction of bridges or culverts;
(G) storage of materials; or
(H) any other activity that might change the direction, height, or velocity of flood or
surface waters.
"Development" does not include activities such as the maintenance of existing
structures and facilities such as painting, re-roofing; resurfacing roads; or
gardening, plowing, and similar agricultural practices that do not involve filling,
grading, excavation, or the construction of permanent structures.
(13) Elevated structure means anon-basement structure built to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter walls,
filled stem wall foundations (also called chain walls), pilings, or columns (posts and
piers).
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(14) Elevation Certificate is a certified statement that verifies a structure's elevation
information.
(15) Emergency Program means the first phase under which a community participates in
the NFIP. It is intended to provide a first layer amount of insurance at subsidized
rates on all insurable structures in that community before the effective date of the
initial FIRM.
(16) Encroachment means the advance or infringement of uses, fill, excavation,
buildings, permanent structures or development into a floodplain, which may
impede or alter the flow capacity of a floodplain.
(17) Existing Construction means any structure for which the "start of construction"
commenced before the effective date of the community's first floodplain ordinance.
(18) Existing manufactured home pazk or subdivision means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the community's first
floodplain ordinance.
(19) Expansion to an existing manufactured home park or subdivision means the
preparation of additional sites by the construction of facilities for servicing the lots
on which the manufactured homes aze to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).
(20) FEMA means the Federal Emergency Management Agency.
(21) Five-hundred year flood (500-year flood) means the flood that has a 0.2 percent
chance of being equaled or exceeded in any year.
(22) Flood means a general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow, the unusual and rapid accumulation, or
the runoff of surface waters from any source.
(23) Flood Boundary and Floodway Map (FBFM) means an official map on which the
Federal Emergency Management Agency (FEMA) or Federal Insurance
Administration (FIA) has delineated the areas of flood hazards and regulatory
floodway.
(24) Flood Hazard Boundary Map (FHBM) means an official map of a community,
issued by FEMA, where the boundaries of the areas of special flood hazazd have
been identified as Zone A.
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(25) Flood Insurance Rate Map (FIRM) means an official map of a community, on
which FEMA has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
(26) Flood Insurance Study (FIS) is the official hydraulic and hydrologic report provided
by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where
applicable), and the water surface elevation of the base flood.
(27) Flood Prone Area means any land area acknowledged by a community as being
susceptible to inundation by water from any source. (See "Flood")
(28) Flood Protection Grade (FPG) is the elevation of the regulatory flood plus two feet
at any given location in the SFHA. (see "Freeboard")
(29) Floodplain means the channel proper and the areas adjoining any wetland, lake, or
watercourse which have been or hereafter may be covered by the regulatory flood.
The floodplain includes both the floodway and the fringe districts.
(30) Floodplain management means the operation of an overall program of corrective
and preventive measures for reducing flood damage and preserving and enhancing,
where possible, natural resources in the floodplain, including but not limited to
emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
(31) Floodplain management regulations means this ordinance and other zoning
ordinances, subdivision regulations, building codes, health regulations, special
purpose ordinances, and other applications of police power which control
development in flood-prone areas. This term describes federal, state, or local
regulations in any combination thereof, which provide standards for preventing and
reducing flood loss and damage. Floodplain management regulations are also
referred to as floodplain regulations, floodplain ordinance, flood damage prevention
ordinance, and floodplain management requirements.
(32) Floodproofing (dry floodproofing) is a method of protecting a structure that ensures
that the structure, together with attendant utilities and sanitary facilities, is
watertight to the floodproofed design elevation with walls that are substantially
impermeable to the passage of water. All structural components of these walls are
capable of resisting hydrostatic and hydrodynamic flood forces, including the
effects of buoyancy, and anticipated debris impact forces.
(33) Floodproofing certificate is a form used to certify compliance for non-residential
structures as an alternative to elevating structures to or above the FPG. This
certification must be by a Registered Professional Engineer or Architect.
(34) Floodway is the channel of a river or stream and those portions of the floodplains
adjoining the channel which are reasonably required to efficiently carry and
discharge the peak flood flow of the regulatory flood of any river or stream.
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(35) Freeboard means a factor of safety, usually expressed in feet above the BFE, which
is applied for the purposes of floodplain management. It is used to compensate for
the many unknown factors that could contribute to flood heights greater than those
calculated for the base flood.
(36) Fringe is those portions of the floodplain lying outside the floodway.
(37) Functionally dependent facility means a facility which cannot be used for its
intended purpose unless it is located or carried out in close proximity to water, such
as a docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding, ship repair, or seafood processing facilities. The term
does not include long-term storage, manufacture, sales, or service facilities.
(38) Hardship (as related to variances of this ordinance) means the exceptional hardship
that would result from a failure to grant the requested variance. The South Bend
Common Council requires that the variance is exceptional, unusual, and peculiar to
the property involved. Mere economic or financial hardship alone is NOT
exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal
preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify
as an exceptional hardship. All of these problems can be resolved through other
means without granting a variance, even if the alternative is more expensive, or
requires the property owner to build elsewhere or put the parcel to a different use
than originally intended.
(39) Highest adjacent grade means the highest natural elevation of the ground surface,
prior to the start of construction, next to the proposed walls of a structure.
(40) Historic structure means any structure individually listed on the National Register
of Historic Places or the Indiana State Register of Historic Sites and Structures.
(41) Increased Cost of Compliance (ICC) means the cost to repair a substantially
damaged structure that exceeds the minimal repair cost and that is required to bring
a substantially damaged structure into compliance with the local flood damage
prevention ordinance. Acceptable mitigation measures are elevation, relocation,
demolition, or any combination thereof. All renewal and new business flood
insurance policies with effective dates on or after June 1, 1997, will include ICC
coverage.
(42) Letter of Map Amendment (COMA) means an amendment to the currently effective
FEMA map that establishes that a property is not located in a SFHA. A COMA is
only issued by FEMA.
(43) Letter of Map Revision (LOMR) means an official revision to the currently effective
FEMA map. It is issued by FEMA and changes flood zones, delineations, and
elevations.
(44) Letter of Map Revision Based on Fill (LOMR-F) means an official revision by letter
to an effective NFIP map. A LOMR-F provides FEMA's determination concerning
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whether a structure or parcel has been elevated on fill above the BFE and excluded
from the SFHA.
(45) Lowest adjacent grade means the lowest elevation, after completion of construction,
of the ground, sidewalk, patio, deck support, or basement entryway immediately next
to the structure.
(46) Lowest floor means the lowest of the following:
(A) the top of the lowest level of the structure;
(B) the top of the basement floor;
(C) the top of the garage floor, if the garage is the lowest level of the structure;
(D) the top of the first floor of a structure elevated on pilings or pillars;
(E) the top of the first floor of a structure constructed with a crawl space, provided
that the lowest point of the interior grade is at or above the BFE and construction
meets requirements of (F)(i).; or
(F) the top of the floor level of any enclosure, other than a basement, below an
elevated structure where the walls of the enclosure provide any resistance to the
flow of flood waters unless:
i. the walls are designed to automatically equalize the hydrostatic flood forces
on the walls by allowing for the entry and exit of flood waters, designed to
allow for the entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls. Designs for complying with this
requirement must either be certified by a professional engineer or architect
or by providing a minimum of two openings (in addition to doorways and
windows) having a total net area of one (1) square inch for every one square
foot of enclosed area. The bottom of all such openings shall be no higher
than one (1) foot above grade and shall be located entirely below the BFE;
and,
ii. such enclosed space shall be usable solely for the parking of vehicles and
building access.
(47) Manufactured home means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home"
does not include a "recreational vehicle."
(48) Manufactured home pazk or subdivision means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
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(49) Map amendment means a change to an effective NFIP map that results in the
exclusion from the SFHA of an individual structure or a legally described parcel of
land that has been inadvertently included in the SFHA (i.e., no alterations of
topography have occurred since the date of the first NFIP map that showed the
structure or parcel to be within the SFHA).
(50) Map panel number is the four-digit number followed by a letter suffix assigned by
FEMA on a flood map. The first four digits represent the map panel, and the letter
suffix represents the number of times the map panel has been revised. (The letter
"A" is not used by FEMA, the letter "B" is the first revision.)
(51) Market value means the building value, excluding the land (as agreed to between a
willing buyer and seller), as established by what the local real estate market will bear.
Market value can be established by independent certified appraisal, replacement cost
depreciated by age of building (actual cash value), or adjusted assessed values.
(52) Mitigation means sustained actions taken to reduce or eliminate long-term risk to
people and property from hazards and their effects. The purpose of mitigation is two
fold: to protect people and structures, and to minimize the cost of disaster response
and recovery.
(53) National Flood Insurance Program (NFIP) is the federal program that makes flood
insurance available to owners of property in participating communities nationwide
through the cooperative efforts of the Federal Government and the private insurance
industry.
(54) National Geodetic Vertical Datum (NGVD) of 1929 as corrected in 1929 is a vertical
control used as a reference for establishing varying elevations within the floodplain.
(55) New construction means any structure for which the "start of construction"
commenced after the effective date of the community's first floodplain ordinance.
(56) New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of the community's first
floodplain ordinance.
(57) North American Vertical Datum of 1988 (NAND 88) as adopted in 1993 is a vertical
control datum used as a reference for establishing varying elevations within the
floodplain.
(58) Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material
in, along, across or projecting into any watercourse which may alter, impede, retard
or change the direction and/or velocity of the flow of water; or due to its location, its
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propensity to snare or collect debris carried by the flow of water, or its likelihood of
being carried downstream.
(59) One-hundred year flood (100-year flood) is the flood that has a one percent (1%)
chance of being equaled or exceeded in any given year. Any flood zone that begins
with the letter A is subject to the one-percent annual chance flood. See "Regulatory
Flood".
(60) One-percent annual chance flood is the flood that has a one percent (1%) chance of
being equaled or exceeded in any given year. Any flood zone that begins with the
letter A is subject to the one-percent annual chance flood. See "Regulatory Flood".
(61) Participating community is any community that voluntarily elects to participate in the
NFIP by adopting and enforcing floodplain management regulations that are
consistent with the standards of the NFIP.
(62) Physical Map Revision (PMR) is an official republication of a community's FEMA
map to effect changes to base (1-percent annual chance) flood elevations, floodplain
boundary delineations, regulatory floodways, and planimetric features. These
changes typically occur as a result of structural works or improvements, annexations
resulting in additional flood hazard areas, or correction to base flood elevations or
SFHAs.
(63) Post-FIRM construction means construction or substantial improvement that started
on or after the effective date of the initial FIRM of the community or after
December 31, 1974, whichever is later.
(64) Pre-FIRM construction means construction or substantial improvement, which
started on or before December 31, 1974, or before the effective date of the initial
FIRM of the community, whichever is later.
(65) Probation is a means of formally notifying participating communities of violations
and deficiencies in the administration and enforcement of the local floodplain
management regulations.
(66) Public safety and nuisance, anything which is injurious to the safety or health of an
entire community, neighborhood or any considerable number of persons, or
unlawfully obstructs the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal, or basin.
(67) Recreational vehicle means a vehicle which is (1) built on a single chassis; (2) 400
square feet or less when measured at the largest horizontal projections; (3) designed
to be self-propelled or permanently towable by a light duty truck; and (4) designed
primarily not for use as a permanent dwelling, but as quarters for recreational
camping, travel, or seasonal use.
(68) Regular program means the phase of the community's participation in the NFIP
where more comprehensive floodplain management requirements are imposed and
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higher amounts of insurance are available based upon risk zones and elevations
determined in a FIS.
(69) Regulatory flood means the flood having a one percent (1%) chance of being
equaled or exceeded in any given year, as calculated by a method and procedure
that is acceptable to and approved by the Indiana Department of Natural Resources
and the Federal Emergency Management Agency. The regulatory flood elevation at
any location is as defined in 21-12 (c) 2 of this ordinance. The "Regulatory Flood"
is also known by the term "Base Flood", "One-Percent Annual Chance Flood", and
"100-Year Flood".
(70) Repetitive loss means flood-related damages sustained by a structure on two
separate occasions during a 10-year period ending on the date of the event for
which the second claim is made, in which the cost of repairing the flood damage, on
the average, equaled or exceeded 25% of the market value of the structure at the
time of each such flood event.
(71) Section 1316 is that section of the National Flood Insurance Act of 1968, as
amended, which states that no new flood insurance coverage shall be provided for
any property that the Administrator finds has been declared by a duly constituted
state or local zoning authority or other authorized public body to be in violation of
state or local laws, regulations, or ordinances that intended to discourage or
otherwise restrict land development or occupancy in flood-prone areas.
(72) Special Flood Hazard Area (SFHA) means those lands within the jurisdictions of
South Bend, Indiana subject to inundation by the regulatory flood. The SFHAs of
South Bend, Indiana are generally identified as such on the St. Joseph County,
Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the Federal
Emergency Management Agency, dated January 6, 2011. The SFHAs of those
parts of unincorporated St. Joseph County that are within the extraterritorial
jurisdiction of the City or that may be annexed into the City are generally identified
as such on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance
Rate Map prepared by the Federal Emergency Management Agency and dated
January 6, 2011. (These areas are shown on a FHBM or FIRM as Zone A, AE, A1-
A30, AH, AR, A99, or AO).
(73) Start of construction includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
reconstruction, or improvement was within 180 days of the permit date. The
actual start means the first placement or permanent construction of a structure
(including a manufactured home) on a site, such as the pouring of slabs or footing,
installation of piles, construction of columns, or any work beyond the stage of
excavation for placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, foundations, or the erection of
temporary forms. For substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a
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building, whether or not that alteration affects the external dimensions of the
building.
(74) Structure means a structure that is principally above ground and is enclosed by
walls and a roof. The term includes a gas or liquid storage tank, a manufactured
home, or a prefabricated building. The term also includes recreational vehicles to
be installed on a site for more than 180 days.
(75) Substantial damage means damage of any origin sustained by a structure whereby
the cost of restoring the structure to it's before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
(76) Substantial improvement means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure before the "start of construction" of the
improvement. This term includes structures that have incurred "repetitive loss" or
"substantial damage" regardless of the actual repair work performed. The term
does not include improvements of structures to correct existing violations of state
or local health, sanitary, or safety code requirements or any alteration of a
"historic structure", provided that the alteration will not preclude the structures
continued designation as a "historic structure".
(77) Suspension means the removal of a participating community from the NFIP
because the community has not enacted and/or enforced the proper floodplain
management regulations required for participation in the NFIP.
(78) Variance is a grant of relief from the requirements of this ordinance, which
permits construction in a manner otherwise prohibited by this ordinance where
specific enforcement would result in unnecessary hazdship.
(79) Violation means the failure of a structure or other development to be fully
compliant with this ordinance. A structure or other development without the
elevation, other certification, or other evidence of compliance required in this
ordinance is presumed to be in violation until such time as that documentation is
provided.
(80) Watercourse means a lake, river, creek, stream, wash, channel or other
topographic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated areas in which substantial flood
damage may occur.
(81) Water surface elevation means the height, in relation to the North American
Vertical Datum of 1988 (NAND $8) or National Geodetic Vertical Datum of 1929
(NGVD) (other datum where specified) of floods of various magnitudes and
frequencies in the floodplains of riverine azeas.
(82) X zone means the area where the flood hazard is less than that in the SFHA.
Shaded X zones shown on recent FIRMS (B zones on older FIRMS) designate
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areas subject to inundation by the flood with a 0.2 percent chance of being equaled
or exceeded (the 500-year flood). Unshaded X zones (C zones on older FIRMS)
designate areas where the annual exceedance probability of flooding is less than
0.2 percent.
(83) Zone means a geographical area shown on a FHBM or FIRM that reflects the
severity or type of flooding in the area.
(84) Zone A (see definition for A zone)
(85) Zone B, C, and X means areas identified in the community as areas of moderate or
minimal hazard from the principal source of flood in the area. However, buildings
in these zones could be flooded by severe, concentrated rainfall coupled with
inadequate local drainage systems. Flood insurance is available in participating
communities but is not required by regulation in these zones. (Zone X is used on
new and revised maps in place of Zones B and C.)
(c) General Provisions
(1) Lands to Which This Ordinance Applies. This ordinance shall apply to all SFHAs
and known flood prone areas within the jurisdiction of the City of South Bend,
Indiana.
(2) Basis for Establishing Regulatory Flood Data. This ordinance's protection
standard is the regulatory flood. The best available regulatory flood data is listed
below. Whenever a party disagrees with the best available data, the party
submitting the detailed engineering study needs to replace existing data with better
data and submit it to the Indiana Department of Natural Resources for review and
approval.
(A) The regulatory flood elevation, floodway, and fringe limits for the studied
SFHAs of South Bend, Indiana shall be as delineated on the 100 year flood
profiles in the Flood Insurance Study of St. Joseph County, Indiana and
Incorporated Areas dated January 6, 2011 and the corresponding Flood
Insurance Rate Map prepared by the Federal Emergency Management Agency
and dated January 6, 2011.
(B) The regulatory flood elevation, floodway, and fringe limits for each of the
remaining SFHAs of South Bend, Indiana delineated as an "A Zone" on the
Flood Insurance Rate Map of St. Joseph County, Indiana and Incorporated
Areas prepared by the Federal Emergency Management Agency and dated
January 6, 2011 shall be according to the best data available as provided by the
Indiana Department of Natural Resources; provided the upstream drainage area
from the subject site is greater than one square mile
(C) In the absence of a published FEMA map, or absence of identification on a
FEMA map, the regulatory flood elevation, floodway, and fringe limits of any
watercourse in the community's known flood prone areas shall be according to
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the best data available as provided by the Indiana Department of Natural
Resources; provided the upstream drainage area from the subject site is greater
than one square mile.
(3) Establishment of Floodplain Development Permit. A Floodplain Development
Permit shall be required in conformance with the provisions of this ordinance prior
to the commencement of any development activities in areas of special flood
hazard.
(4) Compliance. No structure shall hereafter be located, extended, converted or
structurally altered within the SFHA without full compliance with the terms of this
ordinance and other applicable regulations. 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)
on the FIRM and the actual ground elevations, the elevation provided on the
profiles 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 elevation (natural grade) of the site in question is above the base flood
elevation, that site shall be considered outside the SFHA and the floodplain
regulations will not be applied. The property owner should be advised to apply
for a LOMA.
(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; and,
(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
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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, Indiana, 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 South Bend, Indiana. All violations shall
be punishable by a fine not exceeding: See Section 21-10(h) Enforcement -Fines
for a schedule of fines.
(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.
(10) Increased Cost of Compliance (ICC).
In order for buildings to qualify for a claim payment under ICC coverage as a
"repetitive loss structure", the National Reform Act of 1994 requires that the
building be covered by a contract for flood insurance and incur flood-related
damages on two occasions during a 10-year period ending on the date of the event
for which the second claim is made, in which the cost of repairing the flood
damage, on the average, equaled or exceeded 25 percent of the market value of the
building at the time of each such flood event.
(d) Administration
(1) Designation of Administrator
The Common Council of the City of South Bend hereby appoints the Zoning
Administrator to administer and implement the provisions of this ordinance and is
herein referred to as the Floodplain Administrator.
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(2) Permit Procedures
Application for a Floodplain Development Permit shall be made to the Floodplain
Administrator on forms furnished by him or her prior to any development activities,
and may include, but not be limited to, the following plans in duplicate drawn to
scale showing the nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, earthen fill, storage of materials or
equipment, drainage facilities, and the location of the foregoing. Specifically the
following information is required:
(A) Application stage
i. A description of the proposed development;
ii. Location of the proposed development sufficient to accurately locate
property and structure in relation to existing roads and streams;
iii. A legal description of the property site;
iv. A site development plan showing existing and proposed development
locations and existing and proposed land grades;
v. Elevation of the top of the lowest floor (including basement) of all proposed
buildings. Elevation should be in NAVD 88 or NGVD;
vi. Elevation (in NAVD 88 or NGVD) to which any non-residential structure
will be floodproofed;
vii. Description of the extent to which any watercourse will be altered or related
as a result of proposed development, and;
(B) Construction stage
Upon placement of the lowest floor; or floodproofing, it shall be the duty of the
permit holder to submit to the Floodplain Administrator a certification of the
NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as
built. Said certification shall be prepared by or under the direct supervision of a
registered land surveyor or professional engineer and certified by the same.
When floodproofing is utilized for a particular structure said certification shall
be prepared by or under the direct supervision of a professional engineer or
architect and certified by same. Any work undertaken prior to submission of
the certification shall be at the permit holders' risk. (The Floodplain
Administrator shall review the lowest floor and floodproofing elevation survey
data submitted.) The permit holder shall correct deficiencies detected by such
review before any further work is allowed to proceed. Failure to submit the
survey or failure to make said corrections required hereby shall be cause to issue
a stop-work order for the project.
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(3) Duties and Responsibilities of the Floodplain Administrator
The Floodplain Administrator and/or designated staff is hereby authorized and
directed to enforce the provisions of this ordinance. The administrator is further
authorized to render interpretations of this ordinance, which are consistent with its
spirit and purpose.
Duties and Responsibilities of the Floodplain Administrator shall include, but not
be limited to:
(A) Review all floodplain development permits to assure that the permit
requirements of this ordinance have been satisfied;
(B) Inspect and inventory damaged structures in SFHA and complete substantial
damage determinations;
(C) Ensure that construction authorization has been granted by the Indiana
Department of Natural Resources for all development projects subject to
Section (e) (5) and (e) (7) (A) of this ordinance, and maintain a record of such
authorization (either copy of actual permit or floodplain analysis/regulatory
assessment.)
(D) Ensure that all necessary federal or state permits have been received prior to
issuance of the local floodplain development permit. Copies of such permits are
to be maintained on file with the floodplain development permit;
(E) Notify adjacent communities and the State Floodplain Coordinator prior to any
alteration or relocation of a watercourse, and submit copies of such notifications
to FEMA;
(F) Maintain for public inspection and furnish upon request local permit documents,
damaged structure inventories, substantial damage determinations, regulatory
flood data, SFHA maps, Letters of Map Amendment (COMA), Letters of Map
Revision (LOMR), copies of DNR permits and floodplain analysis and
regulatory assessments (letters of recommendation), federal permit documents,
and "as-built" elevation and floodproofing data for all buildings constructed
subject to this ordinance.
(G) Utilize and enforce all Letters of Map Revision (LOMR) or Physical Map
Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the
community.
(H) Assure that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood-carrying capacity is not diminished;
(I) Verify and record the actual elevation of the lowest floor (including basement)
of all new or substantially improved structures, in accordance with Section (d)
(2)~
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(J) Verify and record the actual elevation to which any new or substantially
improved structures have been floodproofed, in accordance with Section (d) (2);
(K) Review certified plans and specifications for compliance.
(L)Stop Work Orders
i. Upon notice from the floodplain administrator, work on any building,
structure or premises that is being done contrary to the provisions of this
ordinance shall immediately cease.
ii. Such notice shall be in writing and shall be given to the owner of the
property, or to his agent, or to the person doing the work, and shall state the
conditions under which work may be resumed.
(M) Revocation of Permits
i. The floodplain administrator may revoke a permit or approval, issued under
the provisions of the ordinance, in cases where there has been any false
statement or misrepresentation as to the material fact in the application or
plans on which the permit or approval was based.
ii. The floodplain administrator may revoke a permit upon determination by the
floodplain administrator that the construction, erection, alteration, repair,
moving, demolition, installation, or replacement of the structure for which
the permit was issued is in violation of, or not in conformity with, the
provisions of this ordinance.
(e) Provisions for Flood Hazard Reduction
(1) General Standards
In all SFHAs and known flood prone areas the following provisions are required:
(A)New construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure;
(B) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This standard shall be in addition
to and consistent with applicable state requirements for resisting wind forces;
(C) New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage below the FPG;
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(D)New construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(E) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility
meters, and other service facilities shall be located at/above the FPG or designed
so as to prevent water from entering or accumulating within the components
below the FPG. Water and sewer pipes, electrical and telephone lines,
submersible pumps, and other waterproofed service facilities may be located the
FPG;
(F) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(G) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(H) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding;
(I) Any alteration, repair, reconstruction or improvements to a structure that is in
compliance with the provisions of this ordinance shall meet the requirements of
"new construction" as contained in this ordinance; and,
(J) Any alteration, repair, reconstruction or improvement to a structure that is not in
compliance with the provisions of this ordinance, shall be undertaken only if
said non-conformity is not further, extended, or replaced.
(K) Whenever any portion of the SFHA is authorized for use, the volume of space
which will be occupied by the authorized fill or structure below the BFE shall
be compensated for and balanced by an equivalent volume of excavation taken
below the BFE. The excavation volume shall be at least equal to the volume of
storage lost (replacement ratio of 1 to 1) due to the fill or structure.
i.. The excavation shall take place in the floodplain and in the same property in
which the authorized fill or structure is located;
ii. Under certain circumstances, the excavation may be allowed to take place
outside of but adjacent to the floodplain provided that the excavated volume
will be below the regulatory flood elevation, will be in the same property in
which the authorized fill or structure is located, will be accessible to the
regulatory flood water, will not be subject to ponding when not inundated by
flood water, and that it shall not be refilled;
iii. The excavation shall provide for true storage of floodwater but shall not be
subject to ponding when not inundated by flood water;
iv. The fill or structure shall not obstruct a drainage way leading to the
floodplain;
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v. The grading around the excavation shall be such that the excavated area is
accessible to the regulatory flood water;
vi. The fill or structure shall be of a material deemed stable enough to remain
firm and in place during periods of flooding and shall include provisions to
protect adjacent property owners against any increased runoff or drainage
resulting from its placement; and,
vii. Plans depicting the areas to be excavated and filled shall be submitted prior
to the actual start of construction or any site work; once site work is
complete, but before the actual start of construction, the applicant shall
provide to the Floodplain Administrator a certified survey of the excavation
and fill sites demonstrating the fill and excavation comply with this article.
(2) Specific Standards
In all SFHAs, the following provisions are required:
(A)In addition to the requirements of Section (e) (1), all structures to be located in
the SFHA shall be protected from flood damage below the FPG. This building
protection requirement applies to the following situations:
i. Construction or placement of any new structure having a floor area greater
than 400 square feet;
ii. Addition or improvement made to any existing structure:
a. where the cost of the addition or improvement equals or exceeds 50% of
the value of the existing structure (excluding the value of the land);
b. with a previous addition or improvement constructed since the
community's first floodplain ordinance.
iii. Reconstruction or repairs made to a damaged structure where the costs of
restoring the structure to its before damaged condition equals or exceeds
50% of the market value of the structure (excluding the value of the land)
before damage occurred;
iv. Installing a travel trailer or recreational vehicle on a site for more than 180
days.
v. Installing a manufactured home on a new site or a new manufactured home
on an existing site. This ordinance does not apply to returning the existing
manufactured home to the same site it lawfully occupied before it was
removed to avoid flood damage; and
vi. Reconstruction or repairs made to a repetitive loss structure;
Page 21 of 31
(B) Residential Construction. New construction or substantial improvement of any
residential structure (or manufactured home) shall have the lowest floor;
including basement, at or above the FPG (two feet above the base flood
elevation). 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 (e)
(2) (D).
(C) Non-Residential Construction. New construction or substantial improvement of
any commercial, industrial, or non-residential structure (or manufactured home)
shall either have the lowest floor, including basement, elevated to or above the
FPG (two feet above the base flood elevation) 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 (e) (2) (D). Structures
located in all "A Zones" may be floodproofed in lieu of being elevated if done
in accordance with the following:
i. A Registered Professional Engineer or Architect shall certify that the
structure has been designed so that below the FPG, the structure and
attendant utility facilities are watertight and capable of resisting the effects
of the regulatory flood. The structure design shall take into account flood
velocities, duration, rate of rise, hydrostatic pressures, and impacts from
debris or ice. Such certification shall be provided to the official as set forth
in Section (d) (3) (J).
ii. Floodproofing measures shall be operable without human intervention and
without an outside source of electricity.
(D) Elevated Structures. New construction or substantial improvements of elevated
structures shall have the lowest floor at or above the FPG.
Elevated structures with fully enclosed areas formed by foundation and other
exterior walls below the flood protection grade (crawlspaces or under floor
spaces) shall be designed to preclude finished living space and designed to
allow for the entry and exit of floodwaters to automatically equalize hydrostatic
flood forces on exterior walls. Designs for complying with this requirement
must either be certified by a professional engineer or architect or meet the
following minimum criteria:
i. provide a minimum of two openings (having a total net area of not less than
one square inch for every one square foot of enclosed area; and
ii. all openings shall be located entirely below the BFE; and
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iii. the bottom of all openings shall be either:
a. no more than one foot above the exterior grade immediately beneath
each opening; or,
b. no more than one foot above foundation's interior grade in structures
where the interior grade is higher than the exterior grade; and
iv. openings may be equipped with screens, louvers, valves or other coverings
or devices provided they permit the automatic flow of floodwaters in both
directions; and
v. access to the enclosed area shall be the minimum necessary to allow for
parking for vehicles (garage door) or limited storage of maintenance
equipment used in connection with the premises (standard exterior door) or
entry to the living area (stairway or elevator); and
vi. the interior portion of such enclosed area shall not be partitioned or finished
into separate rooms; and
vii. the interior grade of such enclosed area shall be at an elevation at or higher
than the exterior grade; and
viii.the interior grade of a crawlspace must be at or above the base flood
elevation; and
ix. an adequate drainage system must be installed to remove floodwaters from
the interior area of the crawlspace within a reasonable period of time after a
flood event.
x. Where elevation requirements exceed 6 feet above the highest adjacent
grade, a copy of the legally recorded deed restriction prohibiting the
conversion of the area below the lowest floor to a use or dimension contrary
to the structure's originally approved design, shall be presented as a
condition of issuance of the final Certificate of Occupancy.
(E) Structures Constructed on Fill. A residential or nonresidential structure may be
constructed on a permanent land fill in accordance with the following:
i. The fill shall be placed in layers no greater than 1 foot deep before
compacting to 95% of the maximum density obtainable with the either the
Standard or Modified Proctor Test method.
ii. The fill should extend at least ten feet beyond the foundation of the structure
before sloping below the FPG.
Page 23 of 31
iii. The fill shall be protected against erosion and scour during flooding by
vegetative cover, riprap, or bulkheading. If vegetative cover is used, the
slopes shall be no steeper than 3 horizontal to 1 vertical.
iv. The fill shall not adversely affect the flow of surface drainage from or onto
neighboring properties.
v. The top of the lowest floor including basements shall be at or above the
FPG.
(F) Standards for Manufactured Homes and Recreational Vehicles. Manufactured
homes and recreational vehicles to be installed or substantially improved on a
site for more than 180 days must meet one of the following requirements:
i. The manufactured home shall be elevated on a permanent foundation such
that the lowest floor shall be at or above the FPG and securely anchored to
an adequately anchored foundation system to resist flotation, collapse, and
lateral movement. This requirement applies to all manufactured homes to
be placed on a site;
a. outside a manufactured home park or subdivision;
b. in a new manufactured home park or subdivision;
c. in an expansion to an existing manufactured home park or subdivision; or
d. in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as a result of a
flood.
ii. The manufactured home shall be elevated so that the lowest floor of the
manufactured home chassis is supported by reinforced piers or other
foundation elevations that are no less than 36 inches in height above grade and
be securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement. This requirement applies to all
manufactured homes to be placed on a site in an existing manufactured home
park or subdivision that has not been substantially damaged by a flood.
iii. Manufactured homes with fully enclosed areas formed by foundation and
other exterior walls below the flood protection grade (crawlspaces or under-
floor spaces) shall be designed to preclude finished living space and designed
to allow for the entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls as required for elevated structures in
Section (e) (1) (D).
iv. Flexible skirting and rigid skirting not attached to the frame or foundation of a
manufactured home are not required to have openings.
Page 24 of 31
v. Recreational vehicles placed on a site shall either:
a. be on site for less than 180 days; and,
b. be fully licensed and ready for highway use (defined as being on its
wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached
additions); or
c. meet the requirements for "manufactured homes" as stated earlier in this
section.
(3) Standards for Subdivision Proposals.
(A) All subdivision proposals shall be consistent with the need to minimize flood
damage;
(B) All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical, and water systems located and constructed to minimize flood
damage;
(C) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood hazards, and;
(D) Base flood elevation data shall be provided for subdivision proposals and other
proposed development (including manufactured home pazks and subdivisions),
which is greater than the lesser of fifty lots or five acres.
(E) All subdivision proposals shall minimize development in the SFHA and/or limit
density of development permitted in the SFHA.
(F) All subdivision proposals shall ensure safe access into/out of SFHA for
pedestrians and vehicles (especially emergency responders).
(4) Critical Facility.
Construction of new critical facilities shall be, to the extent possible, located outside
the limits of the SFHA. Construction of new critical facilities shall be permissible
within the SFHA if no feasible alternative site is available. Critical facilities
constructed within the SFHA shall have the lowest floor elevated to or above the
FPG at the site. Floodproofing and sealing measures must be taken to ensure that
toxic substances will not be displaced by or released into floodwaters. Access
routes elevated to or above the FPG shall be provided to all critical facilities to the
extent possible.
Page 25 of 31
(5) Standards for Identified Floodways.
(A) Located within SFHAs, established in Section (c) (2) of this ordinance, are
areas designated as floodways. The floodway is an extremely hazardous area
due to the velocity of floodwaters, which carry debris, potential projectiles, and
has erosion potential. If the site is in an identified floodway, the Floodplain
Administrator shall require the applicant to forward the application, along with
all pertinent plans and specifications, to the Indiana Department of Natural
Resources and apply for a permit for construction in a floodway. Under the
provisions of IC 14-28-1 a permit for construction in a floodway from the
Indiana Department of Natural Resources is required prior to the issuance of a
local building permit for any excavation, deposit, construction, or obstruction
activity located in the floodway. This includes land preparation activities such
as filling, grading, clearing and paving etc. undertaken before the actual start of
construction of the structure. However, it does exclude non-substantial
additions/improvements to existing (lawful) residences in anon-boundary river
floodway. (IC 14-28-1-26 allows construction of non-substantial additions/
improvements to residences in anon-boundary river floodway without obtaining
a permit for construction in the floodway from the Indiana Department of
Natural Resources. Please note that if fill is needed to elevate an addition above
the existing grade, prior approval (construction in a floodway permit) for the fill
is required from the Indiana Department of Natural Resources.)
(B) No action shall be taken by the Floodplain Administrator until a permit (when
applicable) has been issued by the Indiana Department of Natural Resources
granting approval for construction in the floodway. Once a permit for
construction in a floodway has been issued by the Indiana Department of
Natural Resources, the Floodplain Administrator may issue the local Floodplain
Development Permit, provided the provisions contained in Section (e) of this
ordinance have been met. The Floodplain Development Permit cannot be less
restrictive than the permit for construction in a floodway issued by the Indiana
Department of Natural Resources. However, a community's more restrictive
regulations (if any) shall take precedence.
(C) No development shall be allowed which acting alone or in combination with
existing or future development, will increase the regulatory flood more than
0.14 of one foot; and
(D) For all projects involving channel modifications or fill (including levees) the
City of South Bend shall submit the data and request that the Federal
Emergency Management Agency revise the regulatory flood data.
(6) Standards for Identified Fringe.
If the site is located in an identified fringe, then the Floodplain Administrator may
issue the local Floodplain Development Permit provided the provisions contained in
Section (e) of this ordinance have been met. The key provision is that the top of the
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lowest floor of any new or substantially improved structure shall be at or above the
FPG.
(7) Standards for SFHAs Without Established Base Flood Elevation and/or
Floodways/Fringes.
(A) Drainage area upstream of the site is greater than one square mile:
If the site is in an identified floodplain where the limits of the floodway and
fringe have not yet been determined, and the drainage area upstream of the
site is greater than one square mile, the Floodplain Administrator shall
require the applicant to forward the application, along with all pertinent plans
and specifications, to the Indiana Department of Natural Resources for
review and comment.
ii. No action shall be taken by the Floodplain Administrator until either a permit
for construction in a floodway or a floodplain analysis/regulatory assessment
citing the 100 year flood elevation and the recommended Flood Protection
Grade has been received from the Indiana Department of Natural Resources.
iii.Once the Floodplain Administrator has received the proper permit for
construction in a floodway or floodplain analysis/regulatory assessment
approving the proposed development, a Floodplain Development Permit may
be issued provided the conditions of the Floodplain Development Permit are
not less restrictive than the conditions received from the Indiana Department
of Natural Resources and the provisions contained in Section (e) of this
ordinance have been met.
(B) Drainage area upstream of the site is less than one square mile:
(i) If the site is in an identified floodplain where the limits of the floodway and
fringe have not yet been determined and the drainage area upstream of the
site is less than one square mile, the Floodplain Administrator shall require
the applicant to provide an engineering analysis showing the limits of the
floodplain and 100 year flood elevation for the site.
(ii) Upon receipt, the Floodplain Administrator may issue the local Floodplain
Development Permit, provided the provisions contained in Section (e) of
this ordinance have been met.
(C) The total cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase the regulatory
flood more than 0.14 of one foot and will not increase flood damages or
potential flood damages.
(8) Standards for Flood Prone Areas. All development in known flood prone areas not
identified on FEMA maps, or where no FEMA published map is available, shall
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meet general standards as required per Section (e)(2)(A) through (F) of this
ordinance.
(f) Variance Procedures
(1) Designation of Variance and Appeals Board
The St. Joseph County Area Board of Zoning Appeals as established by Common
Council of the City of South Bend shall hear and decide appeals and requests for
variances from requirements of this ordinance.
(2) Duties of Variance and Appeals Board
The board shall hear and decide appeals when it is alleged an error in any
requirement, decision, or determination is made by the Floodplain Administrator in
the enforcement or administration of this ordinance. Any person aggrieved by the
decision of the board may appeal such decision to the St. Joseph County Circuit
Court or the St. Joseph County Superior Court.
(3) Variance Procedures
In passing upon such applications, the St. Joseph County Area Board of Zoning
Appeal shall consider all technical evaluations, all relevant factors, all standards
specified in other sections of this ordinance, and;
(A) The danger of life and property due to flooding or erosion damage;
(B) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(C) The importance of the services provided by the proposed facility to the
community;
(D) The necessity to the facility of a waterfront location, where applicable;
(E) The availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(F) The compatibility of the proposed use with existing and anticipated
development;
(G) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(H) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
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(I) The expected height, velocity, duration, rate of rise, and sediment of transport of
the floodwaters at the site; and,
(J) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
(4) Conditions for Variances
(A) Variances shall only be issued when there is:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional
hardship; and,
iii. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud or victimization of the public, or
conflict with existing laws or ordinances.
(B)No variance for a residential use within a floodway subject to Sections (e)(5) or
(e)(7)(A) of this ordinance may be granted.
(C) Any variance granted in a floodway subject to Sections (e)(5) or (e)(7)(A) of
this ordinance will require a permit from the Indiana Department of Natural
Resources.
(D) Variances to the Provisions for Flood Hazard Reduction of Section (e)(2) of this
ordinance, maybe granted only when a new structure is to be located on a lot of
one-half acre or less in size, contiguous to and surrounded by lots with existing
structures constructed below the flood protection grade.
(E) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(F) Variances may be granted for the reconstruction or restoration of any structure
individually listed on the National Register of Historic Places or the Indiana
State Register of Historic Sites and Structures.
(G) Any application to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation to
which the lowest floor is to be built and stating that the cost of the flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation (see Section (f)(5)).
Page 29 of 31
(H) The Floodplain Administrator shall maintain the records of appeal actions and
report any variances to the Federal Emergency Management Agency or the
Indiana Department of Natural Resources upon request (see Section (f)(5)).
(5) Variance Notification. Any applicant to whom a variance is granted shall be given
written notice over the signature of a community official that:
(A) The issuance of a variance to construct a structure below the base flood
elevation will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage; and;
(B) Such construction below the base flood level increases risks to life and property.
A copy of the notice shall by recorded by the owner in the Office of the County
Recorder and shall be recorded in a manner so that it appears in the chain of title
of the affected parcel of land.
The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in the
community's biennial report submission to the Federal Emergency Management
Agency.
(6) Historic Structure
Variances may be issued for the repair or rehabilitation of "historic structures" upon
a determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as an "historic structure" and the variance is the
minimum to preserve the historic character and design of the structure.
(7) Special Conditions
Upon the consideration of the factors listed in Section (f), and the purposes of this
ordinance, the St. Joseph County Area Board of Zoning Appeals may attach such
conditions to the granting of variances as it deems necessary to further the purposes
of this ordinance.
Page 30 of 31
(g) Severability
If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
effect the validity of the remaining portions of this Ordinance.
Section 3. This ordinance shall be in full force and effect on January 1, 2011, after its
enactment, approval by the Mayor and publication as required law.
tuber, The Common Council,
City of South Bend
City Jerk
Presented by me to the Mayor of the City of South Bend, Indiana on the -} ~ day of
Q ti~-- ,2010, at 1 ~ '. LS o'clock~_._m.
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Ci Jerk ~ iQ,t,~,w~
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Approved and signed by me on the lJ day of ~-~~ - , 2010
at ~ o'clock ~. m.
jl cx
Mayor of the Ci of South Bend, Indiana
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1st READIP~G
PU3LIC NEARING ~-~~3''~
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NoT APPRO//~~VbD p~ ~ ~ Page 31 of 31
REFERRED r 7~'~ ' o
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AUG - 3 2~it~
JOHN VOORDE
CITY CL~R;C, S0, BFND, (N.
PASSED C~,_:~,~ -'~~
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
45-10 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, REPEALING AND REPLACING
CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN
REGULATIONS IN ORDER TO ADOPT THE MOST
RECENT FEDERAL AND STATE REQUIREMENTS
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
Ann Puzzello
Chairperson, Committee of the Whole
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
Jphn W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
August 3, 2010
Derek Dieter, President
City of South Bend Common Council
Fourth Floor, County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: Floodplain Ordinance Amendment
Dear Mr. Dieter:
The Federal Emergency Management Agency recently completed re-mapping the Special
Flood Hazard Areas of the City of South Bend. The study also included new flood plain
regulations. If the City wants to continue to be part the National Flood Insurance
Program, both the new maps and the new regulations must be adopted by the City by
January 6, 201 1.
Attached is a proposed ordinance that was initiated by the Area Plan Commission. The
purpose of this ordinance is to bring the City's floodplain regulations into compliance
with new state and federal regulations that will be effective January 6, 2011. By
reference, the ordinance will also adopt the new maps. The ordinance has been reviewed
by the Indiana Department of Natural Resources.
Please place this proposed ordinance on the August 9 2010, Common Council agenda for
first reading. The Area Plan Commission will hear this ordinance on August 17, 2010.
If you have any questions, please feel free to contact me.
Sincerely,
w. ~~~J"
~/~W. B orni
Y
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AUG-32010
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Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana