[HISTORY: Adopted by the Village Council of the Village of
Spring Lake as Ch. 38, Art. II, of the 2000 Code of Ordinances. Amendments
noted where applicable.]
The flood hazard areas of the Village are subject to periodic
inundation, which results in loss of life, property, health and safety
hazards, 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
by uses vulnerable to flood or hazardous to other lands which are
inadequately elevated, floodproofed or otherwise protected from flood
damages.
It is the purpose of this chapter to significantly reduce hazards
to persons and damage to property as a result of flood conditions
in the Village, and to comply with the provisions and requirements
of the National Flood Insurance Program, as constituted in accord
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.
The objectives of this chapter are to:
A.
Protect human life and health;
B.
Minimize expenditure of public money for costly flood control projects;
C.
Minimize the need for rescue and relief efforts associated with flooding
and most often undertaken at the expense of the general public;
D.
Minimize prolonged business interruptions;
E.
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, and bridges
located in floodplains;
F.
Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future
flood blight areas;
G.
Ensure that potential home buyers are notified that property is in
a flood area; and
H.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
For purposes of interpretation, administration and enforcement of this chapter only, and in order to comport with the federal regulations designated in § 189-2, the terms below shall be defined as follows:
The land in the floodplain within the Village, as determined by the Flood Insurance Rate Map designated in § 189-6 subject to a one-percent or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled or exceeded in any given year, as determined by the Flood Insurance Rate Map designated in § 189-6.
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.
An Official Map of the Village on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards
and the risk premium zones applicable to the Village.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation of runoff or
surface waters from any source.
The channel of 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 chapter.
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 contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on the Village's Flood Insurance
Rate Map are referenced.
Structures for which construction started after May 25, 1978.
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 the
ground, as well as a manufactured home.
Any repairs, reconstruction or improvement, 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
does not, however, include either any project for improvement of a
structure required 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 the state inventory
of historic places.
A grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited
by this chapter; a modification of the literal provisions of this
chapter granted when the strict enforcement of this chapter would
cause undue hardship owing to circumstances unique to the individual
property on which the variance is granted, the crucial points of variance
being undue hardship, unique circumstances, and applying to property.
A variance is not justified unless all these elements are present
in the case. A variance shall not be considered an exception.
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Village.
[Amended 12-12-2011 by Ord. No. 325; 10-18-2021 by Ord. No. 372]
The areas of specialized flood hazard are identified by the
Federal Insurance Administration via a scientific and engineering
report entitled "The Flood Insurance Study for Ottawa County, All
Jurisdictions, effective October 21, 2021, and the following Flood
Insurance Rate Map (FIRM) panels: 26139CIND0C, 26139C0079F, 26139C0083F,
effective October 21, 2021, and 26139C0087E, 26139C0091E, effective
December 16, 2011, which are adopted by reference for the purposes
of administration of the Michigan Construction Code, and declared
to be 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. The flood insurance study, flood
insurance rate maps and flood boundary-floodway maps are on file at
the Village Hall at 102 West Savidge Street, Spring Lake, Michigan.
A development permit shall be required in conformance with the
provisions of this chapter.
No structure or land shall be located, extended, converted or
structurally altered without full compliance with the terms of this
chapter and other applicable regulations.
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this chapter and another ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
In the interpretation and application of this chapter, all provisions
shall be:
The degree of flood protection required by this chapter 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 man-made or natural causes.
This chapter 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 chapter shall not create liability
on the part of the Village or any officer, employee or agent of the
Village for any flood damages that result from reliance on this chapter
or any administrative decision made under this chapter.
The Village Manager or the designee of either the Village Manager
or the Village Council shall administer and implement and enforce
the provisions of this chapter.
The duties of the administrator shall include but are not limited
to:
A.
Reviewing all development permits to ensure that the permit requirements
of this chapter have been satisfied;
B.
Reviewing permits for proposed development to ensure that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required;
C.
Notifying adjacent communities and the department of natural resources
prior to any alteration or relocation of a watercourse and submitting
evidence of such notification to the Federal Emergency Management
Agency;
D.
Ensuring, through administration and enforcement of this chapter,
that the altered or relocated portion of a watercourse is properly
maintained so that the flood-carrying capacity is not diminished;
E.
Verifying and recording the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new or
of substantially improved structures, and whether or not such structures
contain a basement;
F.
Verifying and recording the actual elevation (in relation to mean
sea level) to which the new or substantially improved structures have
been floodproofed;
G.
Obtaining certification of proper floodproofing from a registered
professional engineer or architect when floodproofing is utilized
for a particular structure;
H.
Making the necessary interpretation as to the exact location of the
boundaries of the areas of special flood hazard (for example, where
there appears to be conflict between a mapped boundary and actual
field conditions); and the person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation
as provided in this chapter;
I.
Reviewing the base flood elevation data submitted with all new subdivision
proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) which contain at least 50
lots or five acres, whichever is less;
J.
Obtaining, reviewing and reasonably utilizing any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to Subsection I of this section, as criteria for requiring that new construction, substantial improvements or other developments meet the standards of §§ 189-19 and 189-20 and for administering the provisions of §§ 189-19 and 189-20;
K.
Maintaining the records of all appeal actions and reporting any variances
to the Federal Emergency Management Agency upon request; and
L.
Maintaining all records pertaining to the provisions of this chapter
in the Village Hall and keeping such records open for public inspection.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 189-6. Application for a development permit shall be made to the administrator on forms furnished by the administrator and must include, but are not 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 the foregoing. Specifically, the following information is required:
A.
The elevation, in relation to mean sea level, of the lowest floor
(including basement) of all structures;
B.
The elevation, in relation to mean sea level, to which any nonresidential
structure has been floodproofed;
C.
A certificate from a registered professional engineer or architect
that the nonresidential floodproofed structure meets the floodproofing
criteria of this chapter; and
D.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
A.
The Zoning Board of Appeals, as established by the Village, shall
hear and decide all requests for variances from the requirements of
this chapter.
B.
In passing upon applications for variances, the Zoning Board of Appeals
shall consider all technical evaluations, all relevant factors and
standards specified in other sections of this chapter, and shall further
consider:
(1)
The danger that materials may be swept onto other lands creating
further destruction and injury to persons or property;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage;
(4)
The importance of the services provided by the proposed facility
to the Village;
(5)
The necessity to the facility of a waterfront location, where applicable;
(6)
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for that area;
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)
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; and
(11)
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.
C.
Upon consideration of the 11 factors listed in Subsection B of this section and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
D.
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, providing the 11 factors listed in Subsection B have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
E.
Variances shall not be issued within any floodway that would result
in an increase of greater than 9/10 of a foot in flood levels during
the base flood discharge.
F.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
G.
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3)
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety or extraordinary
public expense; create nuisances; cause fraud on or victimization
of the public; or conflict with other laws or ordinances.
H.
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.
I.
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.
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 administrator in the enforcement or administration
of this chapter. Any person aggrieved by the decision of the Zoning
Board of Appeals may appeal such decision to the County Circuit Court.
The Village Council, the duly authorized attorney for the Village,
the prosecuting attorney for the county, or any owner or occupant
of any real estate within the Village may institute an injunction,
mandamus, abatement or any other appropriate action or proceeding
to prevent, enjoin, abate or remove any violation of this chapter.
The rights and remedies provided in this section are accumulative
in addition to all other remedies provided by law.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.[2]
In all areas of special flood hazard, the following general
provisions shall apply and shall be required:
A.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
B.
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
C.
All new construction and substantial improvements shall be constructed
by methods and practices that minimize flood damage.
D.
All new construction and substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing and air-conditioning
equipment, and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the compartments
during conditions of flooding.
E.
For all new construction and substantial improvements, any fully
enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed
the following minimum criteria:
(1)
A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided.
(2)
The bottom of all openings shall be no higher than one foot above
grade.
(3)
Openings may be equipped with screens, louvers, valves or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
F.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
G.
All new and replacement sanitary sewer systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system
and discharges from the system into floodwaters.
H.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in § 189-6 or 189-13I, the following specific provisions shall apply and shall be required:
A.
Residential construction. New construction or substantial improvement
of any residential structure shall have the lowest floor, including
basement, elevated to or above base flood elevation.
B.
Nonresidential construction. New construction or substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including the basement, elevated to
the level of the base flood elevation or, together with attendant
utility and sanitary facilities, be floodproofed so that below the
base flood level the structure is 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. A registered professional engineer or architect
shall develop and/or review structural designs, specifications and
plans for the construction and shall certify that the design and methods
of construction satisfy the standards of this subsection. A record
of such certification, including the specific elevation in relation
to mean sea level to which such structures are floodproofed, shall
be provided to and maintained by the administrator.
C.
Manufactured homes. No manufactured home shall be placed in a floodway,
except in an existing manufactured home park or subdivision. All developers
of manufactured home parks or subdivisions located within an area
of special flood hazard shall file an evacuation plan indicating alternative
access and escape routes with the Federal Disaster Assistance Administration.
All manufactured homes to be placed or substantially improved within
such existing manufactured home parks or subdivisions shall be elevated
on a permanent foundation such that the lowest floor of the manufactured
home is at or above the base flood elevation and shall be securely
anchored to an adequately anchored foundation system. All manufactured
homes shall be anchored to resist flotation, collapse or lateral movement
by providing over-the-top or frame ties to ground anchors or by other
anchoring techniques provided for in the Federal Emergency Management
Agency manual entitled "Manufactured Home Installation in Flood Hazard
Areas." Specific requirements shall be as follows:
(1)
If over-the-top ties are used, they shall be provided at each of
the four corners of the manufactured home with two additional ties
per side at intermediate locations. Manufactured homes less than 50
feet long require only one additional tie per side.
(2)
If frame ties are used, they shall be provided at each corner of
the manufactured home, with five additional ties per side at intermediate
locations. Manufactured homes less than 50 feet long require only
four additional ties per side.
(3)
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
(4)
Any additions to the manufactured home shall be anchored in the same
manner and to the same extent as the principal manufactured home.
D.
New manufactured home parks and subdivisions and expansions to existing
manufactured home parks and subdivisions. With respect to new manufactured
home parks and subdivisions, with respect to existing manufactured
home parks and subdivisions where the repair, reconstruction, expansion
or improvement of the streets, utilities, and pads equals or exceeds
50% of the value of the streets, utilities and pads before the repair,
reconstruction, expansion or improvement has commenced, and with respect
to manufactured homes not being placed in a manufactured home park
and subdivision, specific requirements shall be as follows:
(1)
Stands or lots shall be elevated on compacted fill, on pilings or
by other elevation techniques provided for in the Federal Emergency
Management Agency manual, entitled "Manufactured Home Installation
in Flood Hazard Areas," so that the lowest floor of the manufactured
home is at or above the base flood level.
(2)
Adequate surface drainage and access for a hauler shall be provided.
(3)
Where pilings are used for elevation purposes, lots shall be large
enough to permit steps, piling foundations shall be placed in stable
soil no more than 10 feet apart, and reinforcement shall be provided
for pilings more than six feet above ground level. With respect to
existing manufactured home parks and subdivisions which are being
expanded or improved, these requirements shall apply only in the expanded
or improved portion.
E.
Subdivision proposals. All subdivision proposals (including proposals
for new manufactured home parks and subdivisions) shall be consistent
with the need to minimize flood damage and shall meet the following
specific requirements:
(1)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
(2)
All subdivision parcels shall have adequate drainage provided to
reduce exposure to flood damage.
(3)
Base flood elevation data shall be provided for all subdivision proposals
and other proposed developments which contain at least 50 lots or
five acres, whichever is less.
F.
Designated floodways. Located within areas of special flood hazard established in § 189-6 are areas designated as floodways. Since the floodway is an extremely hazardous area because of the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, encroachments including fill, new construction, substantial improvements and other developments shall be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachment will not result in any increase in flood levels during occurrence of the base flood discharge.
G.
Undesignated floodways. Located within the areas of special flood hazard established in § 189-6 are areas in which elevation has been designated but no floodway has been delineated. In such areas, no new construction, substantial improvements or other development (including fill) shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing anticipated development, will not increase the water surface elevation of the base flood more than 9/10 foot at any point within the Village.
