[Ord. No. FP-1, 4-6-1978; Ord. of 2-5-1987]
The Township zoning inspector is hereby appointed to administer,
implement and enforce the provisions of this article.
[Ord. No. FP-1, 4-6-1978; as amended 2-5-1987; 11-10-2011 by Ord. No.
2011-007]
(1) The Township, as the designated enforcing agency of the State Construction
Code, designates itself 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 taking the following actions:
a. The Township will obtain, review, and reasonably utilize flood elevation
data available from federal, state, or other sources pending receipt
of data from FEMA to identify the flood hazard area and areas with
potential flooding.
b. The Township will ensure 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.
c. The Township will review 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 Township 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; and
3. Appendix G of the current Michigan Building Code.
d. The Township will review all proposed subdivisions to determine whether
such proposals are reasonably safe from flooding and to ensure compliance
with all applicable floodplain management regulations.
e. The Township will assist in the delineation of flood hazard areas;
provide information concerning uses and occupancy of the floodplain
or flood-related erosion areas; maintain floodproofing and lowest-floor
construction records; and cooperate with other officials, agencies,
and persons for floodplain management.
f. The Township will advise FEMA of any changes in community boundaries,
including appropriate maps.
g. The Township will maintain 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.
(2) The Township assures the Federal Insurance Administrator (Administrator)
that it intends to 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 NFIP.
(3) The Township further assures the Administrator that it will adopt
the current effective FEMA Flood Insurance Study (FIS), FHBMs, and
the FIRMs by reference within its Floodplain Management Map Adoption
Ordinance or similarly binding ordinance documentation.
[Ord. No. FP-1, 4-6-1978; as amended 2-5-1987]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section
10-52. As a condition precedent to the validity of a development permit, a fee, as currently established or as hereafter adopted by resolution of the Township Board from time to time, shall be paid to the Township zoning inspector, who shall remit the same to the Township treasurer. Application for a development permit shall be made to the Township zoning inspector on forms furnished by him and must include, but not be limited to, the following plans, in duplicate, drawn to scale, showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill storage of materials, drainage facilities, and the location of all of the foregoing. Specifically, the following information is required:
(1) The elevation, in relation to mean sea level, of the lowest floor,
including basement, of all structures.
(2) The elevation, in relation to mean sea level, to which any nonresidential
structure has been floodproofed.
(3) A certificate from a registered professional engineer or architect
that the nonresidential floodproofed structure meets the floodproofing
criteria of this article.
(4) Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. FP-1, 4-6-1978]
The Zoning Board of Appeals, as established by the Township pursuant to the the zoning regulations in Chapter
38, shall hear and decide all requests for variances from the requirements of this article.
(1) In passing upon applications for variances, the Zoning Board of Appeals
shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this article, and shall further consider:
a. The danger that materials may be swept onto other lands creating
further destruction and injury to persons or property.
b. The danger to life and property due to flooding or erosion damage.
c. The susceptibility of the proposed facility and its contents to flood
damage.
d. The importance of the services provided by the proposed facility
to the community.
e. The necessity to the facility of a waterfront location, where applicable.
f. The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use.
g. The compatibility of the proposed use with existing and anticipated
development.
h. The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area.
i. The safety of access to the property in times of flood for ordinary
and emergency vehicles.
j. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site.
k. The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities, such as sewer, gas, electrical, and water systems, and
streets and bridges.
(2) Upon consideration of the factors listed in subsection
(1) of this section and the purposes of this article, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(3) Generally, variances may, in the discretion of the Zoning Board of Appeals, be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size, contiguous to, and surrounded by, lots with existing structures constructed below the base-flood level, provided the factors listed in subsection
(1) of this section have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(4) Variances shall not be issued within any floodway that would result
in an increase of greater than nine-tenths of a foot in flood levels
during the base-flood discharge.
(5) Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(6) Variances shall only be granted, in addition to the rules contained in the definition of variance in Section
10-47, upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in
increased flood heights of over nine-tenths of a foot, additional
threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with other
laws or ordinances.
(7) Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base-flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
(8) Variances may, in the discretion of the Zoning Board of Appeals,
be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the
state inventory of historic places, without regard to the procedures
set forth in this section.
[Ord. No. FP-1, 4-6-1978; Ord. of 2-5-1987]
The Zoning Board of Appeals, upon receipt of a written appeal
by an aggrieved person, shall hear and decide all appeals when it
is alleged that there is an error in any requirement, decision, interpretation,
or determination made by the Township zoning inspector in the enforcement
or administration of this article. The decision of the Zoning Board
of Appeals shall not be final, and any person having an interest affected
by this decision shall have the right to appeal to the Ottawa County
circuit court on questions of law and fact.