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HomeMy WebLinkAboutAmending Chapter 6 of the Municipal Code Building Code Flood Plain RegulationsPassed by the Common Council of the City of South Bend, Indiana_ April 24 Y978 Attest: City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Approved and signed by April 25 -T9 -L8- of Common Council IRENE K. GAMMON City Clerk ORDINANCE NO. 0_-�y AN ORDINANCE 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 The purpose and intent of this Ordinance is to minimize or eliminate existing or potential flood hazards by placing special requirements on new construction or substantial improvement to structures. A study of the flood -prone areas within the corporate limits of the City of South Bend, Indiana, has been completed, identifying the flood plain, the floodway fringe areas of the St. Joseph River, Bowman Creek, Clyde Creek, and Phillips Ditch in conjunction with the National. Flood Insurance Program. The City must adopt amendments to the Building Code in order to maintain its eligibility to participate in the National Flood Insurance Program. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Chapter 6 of the Municipal Code of South Bend, Indiana, be amended by adding Article 7 as follows: Article 7 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, statin 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 ex- ceeds fifty per cent (500) of the market value of the struc- ture, 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 struc- tural 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 Improvement (1) Proposed new construction (including prefabricated and mo i e omes) and substantial improvements shall meet the following minimum requirements; (A) Construction materials and utility equipment shall be resistent to flood damage, (B) Construction methods and practices that will minimize flood damage shall e us-ed. (C) Construction shall b_e protested against flood damage,, (D) Construction shall be designed.or modified and anchored to prevent otation, collapse, or atera movement of t e, structure. (E) Residential buildings and structures shall be constructed so that t .e lowest floor inc u inq the basement) is elevated to two feet above t e regu atory oo pro ile, as established by the Natural Resources Commission, provided, however, in accordance with the provisions of the National Flood Insurance Program, that e_ community -may petition the Federal Insurance Administration for an exception to allow-the construction of asements and/or storm cellars below,the require e evation,- The following provisions shall e applicable in instances- where such exception is grante 1. All new storm cellars shall be limited to non., a ita e uses, and such—fact shall in eac case be reflected in the Offic-e—ol the County Resor er 2_ All electrical;" heating, and other mechanical equipment shall be elevated to two feet a ove the regu atory oo profile; 3. No federal flood insurance shall be available for t e contents o new storm ce arc; 4. All storm cellars shall be designed so as to assure the integrity of the main structure during times of oo ing; an 5. A professional architect or engineer registered in the State of Indiana s- a certify that e 0o prop ing methods utilized are reasonably adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and other actors associated with the 100-year,tlood, and upon completion of the structure, t .at said structure has been constructed accordingly, A record of such certi. ication s a be maintained by the-Building Department,, - 2 - (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 Commis's'ion; 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 provisions', 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 compliance 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 (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 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 (500) 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 t e Federal Insurance Administration in implementing the National Flood Insurance Program. (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. - 3 - (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 utilitv 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 implementi 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 II. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. 1st READING y - / o PUBLIC HEARING'a`>"� 8 2nd READING q"a11-2 R NOT APPROVED REFERRED,,,,,- w7- IDI signed only to provide an opportunity for public discussion 8nd Council action on the issue., mim FILED IN CLERK'S OFFICE MAR 2 81978 Irene Gammon SM =% SO 0 MID, 1141). 9 A COMMI SSION OF S. JOSEPH COUNTY, IN Room 1140 County -City Building South Bend, Indiana 46601 The Honorable Common Council City of South Bend County —City Building South Bend, IN 46601 Gentlemen: RICHARD S. JOHNSON .Executive Director (219) 284 -9571 April 4, 1978 As you are aware, the City of South Bend, Indiana, is a participating community in the National Flood Insurance Program. On January 23, 1978, the Common Council adopted the Flood Plain ordinances amending the City's Zoning and Subdivision Ordinances. This ordinance will amend the City's Building Code to fulfill our obligation as a participant in the program. In order to maintain our eligibility we have until May 15, 1978 to adopt this proposed ordinance. If you have any questions, please contact me at this office. Sincerely, d Richard D. Cai Planner / RDC /cm Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN fftzmm(##tr�enr# On #4e eaututon ( 0unril of Or (ISUg of *ord 4 Wrnd: Your Committee OF THE WHOLE to whom was referred A BILL 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. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. FRANK HORVATH Chairman FREE •RESS FU13LISHING CO.