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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(g) For applications to improve structures, including alterations, movement, enlargement,replacement,repair,change of occupancy, additions,rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator shall: (i) Verify and document the market value of the pre-damaged or pre- improved structure. (ii) Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre-damaged condition; or, the combined costs of improvements and repair,if applicable,to the market value of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, including work that might otherwise be considered routine maintenance. Items/activities that must be included in the cost shall be in keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policyholders within the community. (iii) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of"substantial improvement' for proposed work to repair damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of substantial damage. (iv) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the applicable general and specific standards in Section 6-38.5 of this ordinance are required. (h) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse and submit copies of such notifications to FEMA. (i) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to Sections 6-38.5(1)(a), 6-38.5(1)(c)(i), and 6-38.5(1)(d) of this ordinance. Maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment). (j) Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if Section 6-38.4(3)(i) is applicable. (k) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (1) Verify and record the actual elevation of the lowest floor(including basement) of all new or substantially improved structures,in accordance with Section 6-38.4(2). (m) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with Section 6-38.4(2). (n) Make on-site inspections of projects in accordance with Section 6-38.4(4). (o) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood-damaged structure covered by a standard flood insurance policy into compliance(either a substantially damaged structure or a repetitive loss structure) to ensure eligibility for ICC funds. (p) Ensure that an approved connection to a public sewer system or an approved on- site septic system is planned for any structures (residential or non-residential) to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater. (q) Provide information, testimony, or other evidence as needed during variance hearings. (r) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with Section 6-38.4(4). (s) Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of Department of Natural Resources permits,letters of authorization,and floodplain analysis and 14