11197-25 Amending Chapter 6, Article 9, of the South Bend Municipal Code to Update the Regulations for Flood Damage Prevention

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(d) The regulatory flood elevation for each SFHA of a public freshwater lake within the jurisdiction of the City delineated as an "Zone A" on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6, 2011 as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best available flood layer as provided by the Indiana Department of Natural Resources,provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available flood layer data,the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved. A listing of Indiana public freshwater lakes is maintained in Natural Resources Commission Information Bulletin#61. (e) 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 the best available flood layer as provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile. (f) Upon issuance of a Letter of Final Determination(LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA. (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 (a) 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. (b) Where an existing or proposed structure or other development is affected by multiple flood zones,by multiple base flood elevations, or both,the development activity must comply with the provisions of this ordinance applicable to the most restrictive flood zone and the most conservative(highest)base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development. (c) 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) with base flood elevations provided(riverine or lacustrine Zone AE) on the FIRM and the actual ground elevations, the elevation provided on the profiles or table of still water elevations 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 natural grade elevation of the site in question is at or above the base flood elevation and a LOMA or LOMR-FW is obtained, the floodplain regulations will not be applied provided the LOMA or LOMR-FW is not subsequently superseded or invalidated. (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. (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 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, 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 11