[Ord. No. FP-1, 4-6-1978; Ord. of 2-5-1987]
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. For purposes of interpretation, administration and enforcement of this article only, and in order to comport with the federal regulations referenced in Section 10-49, the terms below shall be defined as follows:
The land in the floodplain within the Township, as determined by the flood insurance rate map designated in Section 10-52, subject to a 1%, or greater, chance of flooding in any given year.
The flood having a 1% chance of being equaled or exceeded in any given year, as determined by the flood insurance rate map referenced in Section 10-52.
Any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
[Amended 11-10-2011 by Ord. No. 2011-007]
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 a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding, as defined in Subsection (1) of this definition.
An official map of a community, as may have been issued by
the FEMA, where the boundaries of the flood, mudslide (i.e., mudflow)
and related erosion areas having special hazards have been designated
as any or all of Zone A, M, or E.
[Added 11-10-2011 by Ord. No. 2011-007]
An official map of the Township on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles as well as the flood-hazard
boundary-floodway map and the water-surface elevation of the base
flood.
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
[Added 11-10-2011 by Ord. No. 2011-007]
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.
[Added 11-10-2011 by Ord. No. 2011-007]
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.
[Added 11-10-2011 by Ord. No. 2011-007]
The channel or a river or other watercourse and the adjacent
land areas that will discharge the base flood without increasing the
water-surface elevation.
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this article.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers, and other similar vehicles.
A parcel (or continuous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which construction is started after the effective
date of the ordinance from which this article is derived.
The naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure.
A walled and roofed building that is principally above ground,
a gas or liquid storage facility, as well as a mobile home or manufactured
unit.
[Amended 11-10-2011 by Ord. No. 2011-007]
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure, either before the improvement or repair is started or,
if the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term "substantial improvement" does not, however,
include:
Any project for improvement of a structure to comply with existing
state, county, or Township health, sanitary, or safety code specifications
which are solely necessary to ensure safe living conditions; or
Any alteration of a structure listed on the national or state
register or inventory of historic places.
A grant of relief from the requirements of this article which
permits construction in a manner that would otherwise be prohibited
by this article. A modification of the literal provisions of this
article granted when the strict enforcement of this article would
cause undue hardship owing to circumstances unique to the individual
property on which the variance is granted. The crucial points of variance
being:
[Ord. No. FP-1, 4-6-1978]
The flood hazard areas of the Township are subject to periodic
inundation, which may result in loss of property, health, safety hazards,
and, in extreme circumstances, loss of life, as well as disruption
of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base; all
of which adversely affect the public health, safety, and general welfare.
These flood losses are caused by the cumulative effect of obstructions
in floodplains, causing increases in flood heights and velocities,
and by the occupancy in flood-hazard areas of uses vulnerable to flood
or hazardous to other lands which are inadequately elevated, floodproofed,
or otherwise protected from flood damage.
[Ord. No. FP-1, 4-6-1978; Ord. of 2-5-1987]
It is the purpose of this article to significantly reduce hazards
to persons and damage to property as a result of flood conditions
in the Township and to comply with the provisions and requirements
of the National Flood Insurance Program, as constituted in accordance
with the National Flood Insurance Act of 1968, as amended, and subsequent
enactments and all applicable rules and regulations promulgated in
the furtherance of this program as they may be further amended by
the Federal Emergency Management Agency (FEMA).
[Ord. No. FP-1, 4-6-1978]
The objectives of this article are:
(1)Â
To protect human life and health;
(2)Â
To minimize expenditure of public money for costly flood-control
projects;
(3)Â
To minimize the need for rescue and relief efforts associated with
flooding and most often undertaken at the expense of the general public;
(4)Â
To minimize prolonged business interruptions;
(5)Â
To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, and sewer lines, streets, and
bridges located in floodplains;
(6)Â
To help maintain a stable tax base by providing for the sound use
and development of floodprone areas in such a manner as to minimize
future flood-blight areas;
(7)Â
To ensure that potential home buyers are notified that property is
in a flood area; and
(8)Â
To ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
[Ord. No. FP-1, 4-6-1978]
This article shall apply to all areas of special flood hazard
within the jurisdiction of the Township.
[Ord. No. FP-1, 4-6-1978; amended 10-19-2021 by Ord. No. 2021-06]
The Federal Emergency Management Agency (FEMA) Flood Insurance
Study (FIS) for Ottawa County, All Jurisdictions, effective October
21, 2021, and the Flood Insurance Rate Map (FIRM) Panels 26139CIND0C,
26139C0280F, 26139C0290F, 26139C0291F, 26139C0292F, 26139C0293F, 26139C0294F
effective October 21, 2021, and 26139C0285E effective December 16,
2011, are adopted by reference for the purposes of administration
of the Michigan Construction Code, and declared to be a part of Section
1612.3 of the Michigan Building Code, and to provide the content of
the Flood Hazards section of Table R301.2(1) of the Michigan Residential
Code.
[Ord. No. FP-1, 4-6-1978]
A development permit shall be required in conformance with the
provisions of this article.
[Ord. No. FP-1, 4-6-1978]
No structure or land shall hereafter be located, extended, converted,
or structurally altered without full compliance with the terms of
this article and other applicable regulations.
[Ord. No. FP-1, 4-6-1978]
This article is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this article and any other ordinance, or an easement, covenant,
or deed restriction, conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
[Ord. No. FP-1, 4-6-1978]
In the interpretation and application of this article, all provisions
shall be:
[Ord. No. FP-1, 4-6-1978]
The degree of flood protection required by this article is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and may occur on rare
occasions. Flood heights can be increased by manmade or natural causes.
This article does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This article shall not create liability
on the part of the Township or any officer, employee or agent thereof
for any flood damages that result from reliance on this article or
any administrative decision made hereunder.
[Added 10-19-2021 by Ord. No. 2021-06]
Pursuant to the provisions of the State Construction Code, in
accordance with Section 8b(6) of Act 230, of the Public Acts of 1972,
as amended,[1] Appendix G of the Michigan Building Code shall be enforced
by the enforcing agency within the jurisdiction of the community adopting
this section.
[1]
Editor's Note: See MCL § 125.1508b(6).
