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HomeMy WebLinkAboutAmending Chapter 6 Flood Plain Code ORDINANCE No. 7496-85 Passed by the Common Council of the City of South Bend, Indiana July 22, /9 85 Attest: City Clerk IRENE K. GAMMON Attest: ✓ `d /_ ��a/�1' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 23, �9 85 City Clerk IRENE K. GAMMON Approved and signed by me #1.11 23 S5 7(/ 19 Mayor ORDINANCE NO. 79' 94 -gs-- AN ORDINANCE AMENDING THE SOUTH BEND MUNICIPAL CODE CHAPTER 6, ARTICLE 9 , ENTITLED FLOOD PLAIN CODE STATEMENT OF PURPOSE AND INTENT: Certain changes are required in the Flood Plain Code , contained within the South Bend Municipal Code at Article 9 of Chapter 6 , in order to comply with minimum standards required by the Federal Emergency Management Agency and to enable the City to continue to participate in the National Flood Plain Insurance Program. NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH BEND COMMON COUNCIL, as follows : SECTION I . Chapter 6 , Article 9 of the South Bend Municipal Code , entitled Flood Plain Code , Section 6-38(a) (4) , is deleted in its entirety, and a new Section 6-38(a) (4) is adopted , to read as follows : Section 6-38(a) (4) . Substantial Improvement : Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds forty percent (40%) of the market value of the structure, excluding the value of the land , either (a) before the improvement is commenced , or (b) prior to damage , if the structure has been damaged and is being restored . Substantial improvement shall be considered to occur when the first alteration of any wall, ceiling , or other structural part of the building commences . The term shall not include any repair, reconstruction, or improvement of structures listed on the National Register of Historic Places or the State Inventory of Historic Places . SECTION II . Chapter 6 , Article 9 of the South Bend Municipal Code , entitled Flood Plain Code , Section 6-39 is deleted in its entirety, and a new Section 6-39 is adopted to read as follows : Section 6-39 . Flood Plain Regulations . (a) An improvement location permit shall be required for all new construction and development in an area designated as a Special Flood Hazard Area by the Federal Insurance Administration in implementing the National Flood Insurance Program. The Department shall require that all other state and federal permits are obtained . Applications for building permits shall be reviewed and approved in accordance with the following : (1) Proposed new construction (including prefabricated and mobile homes) and substantial improvements shall meet the following minimum standards : (A) Construction materials and utility equipment shall be resistant to flood damage . (B) Construction methods and practices that will minimize flood damage shall be used . (C) Construction shall be protected against flood damage. the basement) is elevated to two feet above the regulatory flood profile, as established by the Federal Insurance Administration. (F) Non-residential buildings and structures shall be constructed so that : 1 . The lowest floor (including the basement) shall be elevated to two feet above the regulatory flood profile, as established by the Natural Resources Commission; or 2 . Together with attendant utility and sanitary facilities , the building or structure shall be designed so that the flood protection grade shall be at least two (2) feet above the regulatory flood profile. The structure shall be water tight with walls substantially impermeable to the passage of water and with structure compo- nents having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Where floodproofing is utilized for a particular structure in accordance with this provision, a profess- ional architect or engineer registered in the State of Indiana shall certify that the floodproofing methods are reasonably adequate to withstand the flood depth, pressures , volocities , impact, and uplift forces , and other factors associated with the 100-year flood, and a record of such certificate shall be maintained by the Department. 2 . In addition to reviewing applications for building permits for compliance with the provisions set forth in this Article , the Department shall at the time the building permit is issued , obtain and maintain for public use information concerning the elevation (in relation to mean sea level) of the lowest floor (including the basement) of the structure, and where the lowest floor is below grade on one or more sides , the elevation of the floor immediately above. 3 . The following provision shall apply to new mobile home parks and mobile home subdivisions , to expansion of existing mobile home parks and mobile home subdivisions , to expansion of existing mobile home parks and mobile home subdivisions , to mobile homes located in other than a mobile home park or mobile home subdivisions and to existing mobile home parks or mobile home subdivisions whether repair, reconstruction or improvement of streets , utilities , and pads equals to or exceeds fifty percent (50%) of the value of the streets , utilities , and pads before the repair, reconstruction, or improvement was commenced . (A) Ground anchors for tie-downs shall be in accordance with the Mobile Home Manufacturers Association standards or standards determined by the Federal Insurance Administration in implementing the National Flood Insurance Program. (C) Adequate surface drainage and easy access for a hauler shall be provided. (D) In the instance of elevation of piles , lots shall be large enough to permit steps. Pile foundations shall be placed on stable soil no more than ten (10) feet apart , and steel reinforcements shall be provided for piles more than six (6) feet high. (4) The following provisions shall apply to mobile homes moving into existing mobile home parks where concrete pads for the placement of mobile homes are in existence and where street and utility connections are in existence : (A) Ground anchors for tie-downs shall be required in accordance with the Mobile Home Manufacturers Association standards or standards determined by the Federal Insurance Administration in implementing in the National Flood Insurance Program. (B) The fact that the mobile home is being located in a flood plain area having special flood hazards shall be disclosed to the mobile home and/or lot purchaser or lessee in the purchase contract, deed , or lease. (C) An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate disaster preparedness authorities . SECTION III . This ordinance shall be in full force and effect from and after its passage by the Common Council , approval by the Mayor, and legal publication. Metriller of the Cow' on Council 10 READING 7- PUBLIC HEARING ?-.2z 8,S 2nd READING 7 _ _ >e,S NOT APPROVED REFERRFn �-�® CITY of SOUTH "END 4/ :711>A A ROGER O. PARENT, Mayor tea;: � H \ / .2 ° COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 I \PENCE / ei® 486 ®' Department of Code Enforcement Katherine G. Barnard 219/284-9486 Director 219/284-9325 Jack A Mathews Building Commisioner May 30 , 19 8 5 Members of the South Bend Common Council 4th Floor County City Building South Bend, Indiana 46601 Dear Common Council Members: On February 7 , 1985 , the Department of Code Enforcement was visited by the Office of the Federal Emergency Management Agency (FEMA) to evaluate the City' s compliance for minimum standards to continue participation in the National Insurance Program (NFIP) . In 1978 Ordinances 6330-78 and 6303-78 were amended in Chapters 6 and 21 relating to provisions in flood plain regulations for partici- pation in NFIP. After FEMA's visit in February, Code Enforcement received on March 6 , 1985 , a letter from FEMA with FEMA' s suggested recommendations to the City Ordinance on flood plain requirements updating administrative type changes for continued participation in the National Flood Insurance Program. These changes have now been incorporated in the proposed ordinances as required by FEMA. If you have any further questions, Building Commissioner Jack Mathews and I would be available to discuss these amendments with you. Sincerely, 4 .'li--- ILi°"- -P Katherine G. Barnard Director KGB: jmc Olnmmjttn &pnrt au the Ulmmown Qloon& of Or CV of i'on#ih fiend: Your Committee of the Whole to whom was referred BILL NO. 83-85 A BILL AMENDING THE SOUTH BEND MUNICIPAL CODE CHAPTER 6, ARTICLE 9, ENTITLED FLOOD PLAIN CODE. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable Joseph T. Serge Chairman FREE PRESS PUBLISHING CO.