City of Rockwood, MI
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rockwood as Ch. 1466 of the 1989 Codified Ordinances; amended in its entirety 1-14-2012 by Ord. No. 474. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 45.
Excavations and fills — See Ch. 75.
Grading and soil erosion control — See Ch. 102.
Stormwater management — See Ch. 215.
Subdivision regulations — See Ch. 221.
Zoning — See Ch. 270.

§ 90-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FLOOD HAZARD BOUNDARY MAP (FHMB)
An official map of a community, as may have been issued by the FEMA, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zone A, M, and/or E.
A. 
A general and temporary condition of partial or complete inundation of normally dry land areas from: 1) the overflow of inland or tidal waters; 2) the unusual and rapid accumulation or runoff of surface waters from any source; 3) mudflows; and
B. 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding, as defined in Subsection A(1) of this definition.
FLOODPLAIN
Any land area susceptible to being inundated by water from any source (see definition of "flooding").
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power that provide standards for the purpose of flood damage prevention and reduction.
STRUCTURE
A walled and roofed building that is principally aboveground, gas or liquid storage facility, as well as a mobile home or manufactured unit.
VARIANCE
A grant of relief from the requirements of this chapter by the Board of Appeals which permits construction in a manner that would otherwise be prohibited by this chapter.

§ 90-2 Basis for establishing areas of special flood hazard.

Pursuant to Section 8b(6) of Act 230 PA 1972, as amended,[1] the City hereby adopts by reference the Federal Emergency Management Agency Flood Insurance Study entitled "Wayne County, Michigan (all jurisdictions)" dated February 2, 2012, and the Flood Insurance Rate Maps (FIRMs) and flood boundaries and floodway maps (FHBMs), Panel Nos. 26163CO509E, 26163CO528E and 26163CO536E of same date. Said study and maps are declared to be a part of Section 1612.3 of the Michigan Building Code and the contents of the "Flood Hazards" Section of Table 12301.2(1) of the Michigan Residential Code. The study and maps adopted by reference herein shall be designated as the areas of special flood hazard in the City of Rockwood. A copy of the study and maps shall be maintained on file at the office of the City Clerk.
[1]:
Editor's Note: See MCLA 125.1508b(6).

§ 90-3 Designation as enforcing agency.

The City is hereby designated as the administration and enforcing agency to discharge the responsibilities set forth in this chapter and Section 8b(6) of Act 230 PA 1972, as amended, including Appendix G.[1]
[1]:
Editor's Note: See MCLA 125.1508b(6).

§ 90-4 Duties of administrative official.

The City directs its Construction Code Act designated enforcing agency, the City of Rockwood Building Official, to administer, apply, and enforce the floodplain management regulations as contained in the state construction code (including Appendix G) and to be consistent with those regulations by:
A. 
Obtaining, reviewing, and reasonably utilizing flood elevation data available from federal, state, or other sources pending receipt of data from the FEMA to identify the flood hazard area and areas with potential flooding;
B. 
Ensuring that all permits necessary for development in floodplain areas have been issued, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under the floodplain regulatory provisions of Part 31, "Water Resources Protection," of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended;[1]
[1]:
Editor's Note: See MCLA 324.101 et seq.
C. 
Reviewing all permit applications to determine whether the proposed building sites will be reasonably safe from flooding. Where it is determined that a proposed building will be located in a flood hazard area or special flood hazard area, the Construction Code Act enforcing agent shall implement the following applicable codes according to their terms:
(1) 
Floodplain management regulation portions and referenced codes and standards of the current Michigan Residential Code;
(2) 
Floodplain management regulation portions and referenced codes and standards of the current Michigan Building Code;
(3) 
Appendix G of the current Michigan Building Code;
D. 
Reviewing all proposed subdivisions to determine whether such proposals are reasonably safe from flooding and to ensure compliance with all applicable floodplain management regulations;
E. 
Assisting in the delineation of flood hazard areas; providing information concerning uses and occupancy of the floodplain or flood-related erosion areas, maintaining floodproofing and lowest-floor construction records, cooperating with other officials, agencies, and persons for floodplain management;
F. 
Advising FEMA of any changes in community boundaries, including appropriate maps;
G. 
Maintaining records of new structures and substantially improved structures concerning any certificates of floodproofing, lowest-floor elevation, basements, floodproofing, and elevations to which structures have been floodproofed;
H. 
Review, on an ongoing basis, all amended and revised FHBMs and Flood Insurance Rate Maps (FIRMs) and related supporting data and revisions thereof and revisions of 44 CFR Part 60, Criteria for Land Management and Use, and to make such revisions in its floodplain management regulations as may be necessary to continue to participate in the program; and
I. 
Any other management criteria as may be found in § 60.3, Floodplain management criteria for flood-prone areas, 44 CFR Ch 1 (10-1-07 Edition) as amended.

§ 90-5 Development in flood hazard area.

A. 
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Building Official and shall obtain the required permit. Such application shall:
(1) 
Identify and describe the development to be covered by the permit.
(2) 
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
(3) 
Include a site plan showing the delineation of the flood hazard areas, floodway boundaries, flood zones, design flood elevations, ground elevation, proposed fill and excavation and drainage pattern and facilities.
(4) 
Indicate the use and occupancy for which the proposed development is intended.
(5) 
Be accompanied by construction documents, grading and filling plans and other information deemed appropriate by the Building Official.
(6) 
State the valuation of the proposed work.
(7) 
Be signed by the applicant or applicant's authorized agent.
B. 
The permit shall become invalid if the proposed development is not commenced within 180 days after it is issued or if work authorized is suspended or abandoned for a period of 180 days.

§ 90-6 Variances.

The Zoning Board of Appeals shall hear and decide requests for variances from the requirements of this chapter consistent with the standards and consideration set forth in Appendix G, Michigan Building Code.

§ 90-7 Penalty.

A violation of any provision of this chapter shall be a municipal civil infraction under Michigan Law unless superseded by FEMA regulations, punishable as provided in Chapter 1, General provisions, Article II.