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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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 the City of South Bend. All violations shall be punishable by a fine as set forth in Section 21-13.02(h). (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. Sec. 6-38.4.—Administration. (1) Designation of Administrator The Common Council of the City of South Bend hereby appoints the Building Commissioner to administer and implement the provisions of this ordinance and is herein referred to as the Floodplain Administrator. (2) Floodplain Development Permit and Certification Requirements An application for a floodplain development permit shall be made to the Floodplain Administrator for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Such applications shall include, but not be limited to plans 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(s) in relation to existing roads and streams. (iii) A legal description of the property site. (iv) For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an existing building, a detailed quote and description of the total work to be completed including but not limited to interior work, exterior work,and labor as well as a certified valuation of the existing(pre-improved or pre-damaged)structure. (v) A letter from a licensed professional surveyor or engineer noting that an elevation reference benchmark has been established or confirmed for those projects requiring elevations to be met. (vi) A site development plan showing existing and proposed development locations and existing and proposed land grades. (vii) Verification that connection to either a public sewer system or to an approved on-site septic system is available and approved by the respective regulatory agency for proposed structures to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater. (viii) Plans showing elevation of the top of the planned lowest floor (including basement) of all proposed structures in Zones A, AH and AE. Elevation should be in NAVD 88. (ix) Plans showing elevation (in NAVD 88) to which any non-residential structure will be floodproofed. (x) Plans showing location and specifications for flood openings for any proposed structure with enclosed areas below the flood protection grade. (xi) Plans showing materials to be used below the flood protection grade for any proposed structure are flood resistant. (xii) Plans showing how any proposed structure will be anchored to resist flotation or collapse. 12