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HomeMy WebLinkAboutRepealing Ordinance No 6330-78 Chapter 6 Municipal Code Flood Plain Regulations'� ♦ �. Passed by the Common Council of the City of South Bend, Indiana August 14_, rq 78 IRENE K. GAMMON ,/ x Presented by me to the Mayor of the City of South Bend, Indiana August 15, z9 7g Approved and signed by me_��•d �- iS Clerk of Common Council IRENE K. GAMMON 19-ly- Clerk ORDINANCE NO. 4121L.72 r72 AN ORDINANCE REPEALING ORDINANCE NO. 6330 -78 AND AMENDING AND SUPPLEMENTING CHAPTER 6 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING PROVISIONS RELATIVE TO FLOOD PLAIN REGULATIONS. STATEMENT OF PURPOSE AND INTENT Ordinance No. 6330 -78 amending and supplementing Chapter 6 of the Municipal Code of South Bend, generally known as the Building Code of the City, was passed by the Common Council April 24, 1978 and approved and signed by the Mayor April 25, 1978. A study of flood - prone areas within the corporate limits of the City of South Bend, has been completed, delineating flood hazard areas and identifying the floodway and floodway fringe areas- of the St. Joseph River, Bowman Creek., Clyde Creek, and Phillips Ditch in conjunction with the National Flood Insurance Program.. It is in the public interest to control development so a,s to minimize or eliminate existing or potential flood hazards. Ordinance 6330-78 co.ntatned in Section I thereof reference in the second line to adding Article 7 and the section then added a Flood Plain Code as a part of Article 7. The reference to Article 7 was by typographical error and such reference should be to Article 9. The purpose of this Ordinance is to repeal Ordinance 6330 -78 and to reenact the Flood Plain Code as a proper part of Arti`cte 9. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Ordinance No. 6330 -78 amending and supplementing Chapter 6 of the Municipal Code of South Bend, Indiana, generally known as the Building Code of the City of South Bend, Indiana, by adding provisions relative to flood plain regulations, passed by the Common Council April 24, 1978 and approved. and signed by the Mayor April 25, 1978, is hereby repealed. SECTION II. Chapter 6 of the Municipal Code of South Bend, Indiana, be amended by adding Article 9 as follows: Article 9 FLOOD PLAIN CODE Sec. 6 -38 Definitions (a) As used in this Article: (1) Floodproofing - a combination of structural and non - structural additions, changes or adjustments to properties and structures which maintain a dry interior and eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings. (2) Improvement Location Permit - a permit issued by the Building Commissioner in accordance with the provisions of this Ordinance prior to.the erection or alteration and use of a building or structure or use of land, stating that the proposed building, structure, and /or uses comply with all applicable provisions of this Ordinance. (3) Regulatory flood profile - a longitudinal profile along the thread of a river or stream showing the maximum water surface attained by the regulatory flood. For purposes of this Ordinance, the regulatory flood shall be the 100 -year flood. (4) Substantial improvement - any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty per cent (50% ) 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 or structures designated as historic landmarks by the local legislative body. Sec. 6 -39 Flood Plain Regulations (a) After the effective date of this Ordinance, an I.mprovement 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. Appli;cati:ons for building permits shall be reviewed and approved in accordance with the following: (1) Proposed new construction (Including prefabricated and mobile homes) a.nd substantial improvements. shM l meet the following minimum requirements:: (_A) Construction materials a.nd utility equipment shall be resis-tent to flood damage. (B) Construction methods and practices that will minimize flood damage shall be used.. (C) Construction shall be protected. against flood damage.. (D). Construction shall be designed or modified a.nd anchored to prevent flotation, collapse, or lateral movement of the structure. (E) Residential buildings and structures shall be constructed so that the lowest floor including the basement is elevated to two feet above the regulatory flood profile, as established by the Natural Resources Commission, provided, however, in accordance with the provisions of the National Flood Insurance Program, that the community may petition the Federal Insurance Administration for an exception to allow the construction of basements and/or storm. cellars, below the required elevation.. The following provisions shall be applicable in instances where such exception is granted: 1. All new storm cellars shall be limited to non - habitable uses, and such fact shall in each case be reflected in the Office of the County Recorder; 2. All electrical, heating, and other mechanical equipment shall be elevated to two feet above the regulatory flood profile; - 2 - 3. No federal flood insurance shall be available for the contents of new storm cellars; 4. All storm cellars shall be designed so as to assure the integrity of the main structure during times of flooding; and 5. A professional architect or engineer registered in the State of Indiana shall certify that the floodproofing methods utilized are reasonably adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100 -year flood, and upon completion of the structure, that said structure has been constructed accordingly. A record of such certification shall be maintained by the Building Department. (f), Non - residenti'al 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, said building or structure shall be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structure components 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 professional architect or engineer registered in the State of Indiana shall certify that the floodproofing methods are reasonably adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100 -year flood, and a record'of such certificate shall be maintained by the Building Department.. (2) In addition to reviewing applications for Building Permits for compli'a,nce with the provisions set forth in this Ordinance, the Building Department shall at the time a Building Permit is -issued, obtain and maintain for public use information concerning the elevation in relation to mean sea level of the lowest floor i.ncludi,ng 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 provisions 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 new mobile homes located in other than a mobile home park or mobile home subdivision and to existing mobile home parks or mobile home subdivisions where the repair, reconstruction, or improvement of streets, utilities, and pads equals or exceeds fifty per cent 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement was commenced. (A) Ground anchors for the downs shall be in accordance with the Mobile Home Manufacturer's Association Standards or standards determined by the Federal Insurance Administration in implementing the National Flood Insurance Program. - 3 - (B) Stands or lots shall be elevated on compacted fill or on piles so that the pads are elevated to two feet above the regulatory flood profile, as established by the Natural Resources Commission. (C) Adequate surface drainage and easy access for a hauler shall be provided. (D) In the instance of elevation on piles, lots shall be large enough to permit steps, pile foundations shall be placed on stable soil no more than 10 feet apart, and steel reinforcement shall be provided for piles more than 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 the downs shall be required in accordance with the Mobile Home Manufacturer's Association Standards or standards determined by the Federal Insurance Administration in implementing 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 enactment, approval by the Mayor, and legal publication. A4 . Member of the Common Council FILED IN CLERK'S OFFICE 1st READING W " I q- 7 o AUG 41978 PUBLIC HEARING V-41 �+ g 2nd READING g. Irene Gammon NOT APPROVED CM OW& SOUTH BEND* JND. REFERRED PASSED fS - 144 „•i 4 G1+uw.A� ,�,w.y - 4 - AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building South Bend, Indiana 46601 Mrs. Irene Gammon, City Clerk 4th floor County -City Building South Bend, IN 46601 Dear Mrs.Gammon: RICHARD S. JOHNSON Executive Director (219) 284 -9571 August 9, 1978 The reason for this Ordinance is to correct a typographic error in Ordinance 6330 -78, which referred to Article 7 instead of Article 9, as it should have done. This Ordinance will correct that situation and repeal Ordinance 6330 -78. If you have any questions, please call. Very truly yours, Richard D. Carey, Senior Planner 3 RDC /cm Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN