[HISTORY: Adopted by the Village Council of the Village of
Michiana 12-8-2023 by Ord. No. 2023-03[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 172, Flood
Hazard Areas, adopted by Ord. No. 30.001,
A.
No person shall erect, construct, enlarge, alter, repair, improve,
move or demolish any building or structure without first obtaining
a separate permit for each building or structure from the designated
responsible person.
B.
No man-made 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, shall
be commenced until a separate permit has been obtained from the designated
responsible person for each change.
To obtain a permit, the applicant shall first file a permit
application on a form furnished for that purpose. The form must be
completed and submitted to the designated responsible person before
the issuance of a permit will be considered.
A.
The Zoning, Planning and Environmental Commission, hereinafter referred
to as "the responsible person," is appointed as the "person" responsible
for receiving applications and examining the plans and specifications
for the proposed construction or development.
B.
After reviewing the application, the responsible person shall require
any additional measures which are necessary to meet the minimum requirements
of this chapter.
The responsible person shall review proposed development to
assure that all necessary permits have been received from those governmental
agencies from which approval is required by federal or state law,
including a floodplain permit, approval or letter of no authority
from the Michigan Department of Environment, Great Lakes, and Energy
(EGLE) under authority of MCLA § 324.3101 et seq.
The responsible person shall review all permit applications
to determine whether proposed building sites will be reasonably safe
from flooding. If a proposed building site is in a flood-prone area,
all new construction and substantial improvements (including the placement
of prefabricated buildings and mobile homes) shall:
A.
Have the lowest floor, including basement, elevated at least one
foot above the 100-year floodplain elevation;
B.
Be designed (or modified) and adequately anchored to prevent flotation,
collapse or lateral movement of the structure;
C.
Be constructed with materials and utility equipment resistant to
flood damage; and
D.
Be constructed by methods and practices that minimize flood damage.
The responsible person shall review subdivision proposals and
other proposed new development to determine whether such proposals
will be reasonably safe from flooding. If a subdivision proposal or
other proposed new development is in a flood-prone area, any such
proposals shall be reviewed to assure that:
A.
All such proposals are consistent with the need to minimize flood
damage within the flood-prone area;
B.
All public utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage; and
C.
Adequate drainage is provided to reduce exposure to flood hazards.
The responsible person shall require within flood-prone areas
new and replacement water supply systems to be designed to minimize
or eliminate infiltration of floodwaters into the systems.
The responsible person shall require within flood-prone areas:
A.
New and replacement sanitary sewage systems to be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters; and
B.
On-site waste disposal systems to be located to avoid impairment
to them or contamination from them during flooding.
The responsible person shall require that all subdivision proposals
and other proposed new developments greater than 50 lots or five acres,
whichever is the lesser, include within such proposals base flood
elevation data.
The responsible person shall require, in Zone of the Flood Insurance
Rate Map (FIRM), that:
A.
All new construction, substantial improvements, and additions to
residential structures have the lowest floor (including basement)
elevated at least one foot above the regulatory base flood level;
B.
All new construction, substantial improvements, and additions to
nonresidential structures have the lowest floor (including basement)
elevated at least one foot above the regulatory base flood level;
C.
If a project constitutes a substantial improvement, the entire structure
(existing and any additions) must be elevated such that the lowest
floor, including the basement, is one foot above the 100-year floodplain
elevation.
D.
Where floodproofing is used in lieu of elevation, require that a
registered professional engineer or architect certify that the floodproofing
methods used are adequate to withstand the forces associated with
the base flood and submit such certification to the community.
The responsible person shall notify, in riverine situations,
adjacent communities and the State Coordinating Office prior to any
alteration or relocation of a watercourse and submit copies of such
notifications to the Federal Emergency Management Agency (FEMA).
The responsible person shall assure that the flood-carrying
capacity within the altered or relocated portion of any watercourse
is maintained.
Within the designated floodway of the FIRM, the responsible
person shall prohibit any development or encroachment (including fill)
which would result in any increase in flood levels during the base
flood discharge. A hydraulic analysis shall be submitted for all proposed
floodway encroachments to demonstrate the project will not cause any
increase in flood stage during the 100-year flood event.
A.
This chapter shall apply to all areas of special flood hazard within
the jurisdiction of the Village of Michiana.
B.
Basis for establishing the areas of special flood hazard. The areas
of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Maps (FIRM) panels contained on
Index Panel 26021 CINDOB, effective April 25, 2024, and the Flood
Insurance Study for Berrien County, All Jurisdictions, effective April
25, 2024. This is hereby adopted by reference and declared to be a
part of this chapter.
A.
Variances from the provisions of this chapter shall only be granted
in accordance with the following:
(1)
Variances shall not be issued by a community within any of the designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result;
(2)
Variances may be issued by a community 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, in conformance with the procedures of Subsection A(3), (4), (5) and (6) of this section;
(3)
Variances shall only be issued by a community 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, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances;
(4)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief;
(5)
A community shall notify the applicant in writing over the signature of a community official that: (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in Subsection A(6) of this section;
(7)
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use, provided that:
Unless specifically defined below, words or phrases used in
this document shall be interpreted so as to give them the same meanings
as they have in common usage and so as to give this document a most
reasonable application.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year.
Any man-made 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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The official map on which the Federal Emergency Management
Agency (FEMA) has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood 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 "flood").
Watertight with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation.
Structures for which the "start of construction" commenced
on or after the effective date of this chapter.
Includes any individual or group of individuals, corporation,
partnership, association or any other entity, including state and
local governments and agencies.
The flood having a 0.2 of 1% chance of being equaled or exceeded
in any given year.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, drain, creek, etc.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure (excluding land value) 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 does not, however, include either any project
for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions or any alteration of a structure
listed on the National Register of Historic Places or a state inventory
of historic places.
A grant of relief by a community from the terms of a floodplain
management regulation.
This chapter shall become effective on April 25, 2024, and remain
in effect for the duration of the contract with the Flood Insurance
Agency or until amended or repealed by action of the Village Council.
A violation of any section of this chapter shall be punishable as a municipal civil infraction as set forth in Chapter 28, Municipal Civil Infractions, of this Code. In addition to the penalties provided by this section and Chapter 28 of this Code, the Berrien County Court shall have equitable jurisdiction to enforce any judgment, writ or order necessary to enforce any provision of this chapter, including but not limited to abatement of violating condition or the granting of injunctive relief.
Any other ordinance provisions that are in direct conflict with
the provisions of this ordinance are hereby repealed to the extent
that a direct conflict exists.
