[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 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
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.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
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.
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.
A walled and roofed building that is principally aboveground,
gas or liquid storage facility, as well as a mobile home or manufactured
unit.
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.
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).
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).
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.Â
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.Â
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.Â
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:
D.Â
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.Â
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.Â
Advising FEMA of any changes in community boundaries, including appropriate
maps;
G.Â
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.Â
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
A.Â
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)Â
Identify and describe the development to be covered by the permit.
(2)Â
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)Â
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)Â
Indicate the use and occupancy for which the proposed development
is intended.
(5)Â
Be accompanied by construction documents, grading and filling plans
and other information deemed appropriate by the Building Official.
(6)Â
State the valuation of the proposed work.
(7)Â
Be signed by the applicant or applicant's authorized agent.
B.Â
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.
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.
