A.
The Township Board finds that rapid growth, the spread of development,
and increasing demands upon natural resources have had the effect
of encroaching upon, despoiling, polluting, or eliminating many of
its watercourses and wetlands, and other natural resources and processes
associated therewith which, if preserved and maintained in an undisturbed
and natural condition, constitute important physical, aesthetic, recreational
and economic assets to existing and future residents of the Township.
B.
The Township Board further finds that the pollution impairment or
destruction of the Township's floodplains, watercourses, and
wetlands has and will continue to cause substantial harm to the property
of other landowners and to the rights of the public and that protection
of the natural resources is essential to the protection of the public
health, safety, and welfare within the Township.
C.
The Township Board incorporates by this reference the findings of
the state legislation set forth in Part 303 of Public Act No. 451
of 1994 (MCLA § 324.30301 et seq.).
D.
This chapter shall:
(1)
Provide for the protection, preservation, proper maintenance, and
use of Township watercourses and wetlands in order to minimize disturbance
to them and to prevent damage from erosion, turbidity or siltation,
a loss of fish or other beneficial aquatic organisms, a loss of wildlife
and vegetation and/or from the destruction of the natural habitat
thereof;
(2)
Provide for the protection of the Township's potable fresh water
supplies from the dangers of drought, overdraft, pollution, or mismanagement
which will affect human, animal, or plant life;
(3)
Secure safety from damaging flood heights and velocities caused by
obstructed flows and reduced storage; reduce the financial burdens
imposed upon the community through rescue and relief efforts occasioned
by the occupancy or use of areas subject to periodic flooding, prevent
loss of life, property damage and other losses and risks associated
with flood conditions; preserve the location, character, and extent
of natural drainagecourses;
(4)
Promote the public health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in specific areas
by provisions designed 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 generally 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 areas of special flood hazard;
(f)
Ensure that potential buyers are notified that property is in
an area of special flood hazard; and
(g)
Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
E.
In order to accomplish its purposes, this chapter includes methods
and provisions for:
(1)
Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
(2)
Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3)
Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
(4)
Controlling filling, grading, dredging, and other development which
may increase flood damage; and
(5)
Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
[Amended 9-26-2006 by Ord. No. 44A-2006]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All terms, phrases and words used within Article IV of this chapter regarding flood hazard protection, including, but not limited to, terms such as "flood," "flooding," "Flood Insurance Rate Map," "Flood Insurance Study," "flood hazard area," "special flood hazard area," and "floodway" shall have the meaning given to them in the State Construction Code composed of the State Construction Code and the State Construction Code (and its appendixes, specifically Appendix G). With respect to Article IV of this chapter, in the event a term defined within this chapter conflicts with a definition set forth in the State Construction Code, the State Construction Code definition shall control.
Land in the floodplain within a community 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.
The land area of a lake, stream, or watercourse which lies
below the ordinary high-water mark and which may or may not be covered
by water.
The geographical area within the natural or artificial banks
of a watercourse required to convey continuously or intermittently
flowing water.
The Planning Commission of the Township organized under Public
Act No. 33 of 2008 (MCLA § 125.3801 et seq.), the Michigan
Planning Enabling Act.[1]
A permanent surface water connection or other direct physical
contact with an inland lake or pond, a river or stream.
A seasonal or intermittent direct surface water connection to
an inland lake or pond, a river or stream.
A wetland is partially or entirely located within 500 feet of
the ordinary high-water mark of an inland lake or pond or a river
or stream, unless it is determined by the Township in accordance with
Rule 281.924 of the Administrative Rules adopted by the State Department
of Environmental Quality, Land and Water Management Division, Wetlands
Protection, that there is no surface or ground water connection to
these waters.
To fill, place or dump.
Any human-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.
The Official Township Drainage, Floodplain and Wetlands Map
which delineates one-hundred-year floodplains, wetlands and watercourses
in the Township (the composite of which is the Master Drainage Plan),
as amended and/or updated from time to time.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An Official Map of the Township, on which the Federal Emergency
Management Agency has delineated one-hundred-year flood boundaries
and elevations and the floodway area.
Land which on the basis of available floodplain information
is subject to a one-percent or greater chance of flooding in any given
area.
An Official Map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards
and the risk of premium zones applicable to the community.
The Flood Insurance Study for the Township, dated December
1, 1982, which contains a Flood Boundary Map and a Flood Insurance
Rate Map, shall provide the floodplain information used on these maps.
The relatively flat areas or lowlands adjoining the channel
or watercourse or a body of water which has been or may be covered
by floodwater when high amounts of precipitation or snowmelt are experienced.
Determinants of floodplain are as follows:
Land subject to a one-percent or greater chance of being flooded
in any given year. (As defined by the Federal Emergency Management
Agency in Flood Insurance Study for the Township dated December 1,
1982.)
Principal estuary courses of wetland areas that are considered
part of the river flow system.
Contiguous areas paralleling major rivers or streams that exhibit
unstable soil conditions for development. (See definition of "wetlands"
for soil types.)
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 designated in the Flood Insurance Study which must be reserved
in order to discharge the base flood.
The line between upland and bottomland which persists through
successive changes in water levels, below which the presence and action
of the water is so common or recurrent that the character of the land
is marked distinctly from the upland and is apparent in the soil itself,
the configuration of the surface of the soil and the vegetation. On
an inland lake which has a level established by law, it means the
high established level. Where water returns to its natural level as
a result of the permanent removal or abandonment of a dam, it means
the natural ordinary high-water mark.
To construct, place, insert or excavate.
A plan adopted by the Township showing floodplains, floodways,
watercourses, and wetlands in the Township.
Soil, sand, gravel, clay, peat moss, and other organic material.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term "mobile home" does not include recreational vehicles or travel
trailers.
Any rock, tree, gravel, or analogous natural matter that
is an obstruction and has been located within a floodway by a nonhuman
cause.
A structure for which the start of construction commenced
on or after the effective date of the ordinance from which this chapter
is derived.
The location of an operation, obstruction, or structure which
lawfully existed upon the waters, bottomlands, one-hundred-year floodplains
at the time of adoption of the ordinance from which this chapter is
derived or amendments thereto, and which does not conform to the requirements
of this chapter.
An operation or use which lawfully occupied an obstruction,
structure or land at the time of adoption of the ordinance from which
this chapter is derived or amendments thereto, and which does not
conform to the requirements of this chapter.
Artificial obstructions such as any dam, wall, wharf, embankment,
levee, dike, pile, abutment, excavation, channel rectification, bridge,
conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
or other analogous structure or matter in, along, across, or projecting
into any floodway which may impede, retard, change the direction of
the flow of water, or increase the flooding height, either in itself
or by catching or collecting debris carried by such water, or that
is placed where the natural flow of the water would carry the same
downstream to the damage or detriment of either life or property.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
The calculated channel necessary to carry and discharge the
one-hundred-year flood.
The removal, deposition, or any construction use or activity,
or a combination thereof which in any way modifies the conditions
of watercourses or lands subject to this chapter as they exist on
the effective date of the ordinance from which this chapter is derived.
Any person who has dominion over, control of, or title to,
an obstruction or to wetland properties.
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including governmental
agencies, conducting operations within the Township.
To dig, dredge, suck, pump, bulldoze, dragline or blast.
Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground, including but not limited to houses, buildings, bulkheads,
piers, docks, landings, dams, waterway obstructions, gas or liquid
storage facility, as well as a mobile home.
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.
The land area adjoining a lake, stream, or watercourse, above
the ordinary high-water mark, uses for which are essentially nonaquatic.
A grant of relief to a person from the requirements of this
chapter which permits construction in a manner otherwise prohibited
by this chapter where specific enforcement would result in unnecessary
hardship.
Any waterway or other body of water having reasonably well-defined
banks, including rivers, streams, creeks and brooks, whether continually
or intermittently flowing, and lakes and ponds, as shown on the Master
Drainage Plan Maps of the Township.
Lakes are those areas of inland depressions, consistently filled
with water that are supplied by groundwater or artesian springs. Such
areas exhibit inflow and outflow characteristics. Closed lakes are
mainly pothole or seepage lakes without inflowing or outflowing characteristics.
Streams are natural estuary flow systems of surface waters occurring
at the lowest points of the system, exhibiting consistent water flow
patterns from the highest levels of collection to the mouth or outflow
points.
Land characterized by the presence of water at a frequency
and duration sufficient to support, and that under normal circumstances
does support, wetland vegetation or aquatic life and is commonly referred
to as a "bog," "swamp" or "marsh." For purposes of this chapter, a
wetland must be two acres, or more, in size, including the area of
any contiguous inland lake, pond, river, or stream. If the land area
is less than two acres in size, it shall nonetheless be considered
a wetland if it is determined that the protection of the area is essential
to the preservation of the natural resources of the state from pollution,
impairment, or destruction and the owner of the property has been
so notified. In making this determination, the Township must find
that one or more of the following exist at the particular site:
The site supports state or federal endangered or threatened
plants, fish, or wildlife appearing on a list specified in Section
36505 of Part 365 of Public Act No. 451 of 1994 (MCLA § 324.36505).
The site represents what is identified as a locally rare or
unique ecosystem.
The site supports plants or animals of an identified local importance.
The site provides groundwater recharge documented by a public
agency.
The site provides flood and storm control by the hydrologic
absorption and storage capacity of the wetland.
The site provides wildlife habitat by providing breeding, nesting,
or feeding grounds or cover for forms of wildlife, waterfowl, including
migratory waterfowl, and rare, threatened, or endangered wildlife
species.
The site provides protection of subsurface water resources and
provision of valuable watersheds and recharging groundwater supplies.
The site provides pollution treatment by serving as a biological
and chemical oxidation basin.
The site provides erosion control by serving as a sedimentation
area and filtering basin, absorbing silt and organic matter.
The site provides sources of nutrients in water food cycles
and nursery grounds and sanctuaries for fish.
The following rules of construction apply to the text of this
chapter.
A.
In case of a difference of meaning or implication between the text
of this chapter and any caption of illustration, the text shall control.
B.
Particulars provided by way of illustration or enumeration shall
not control general language.
C.
Ambiguities, if any, shall be construed liberally in favor of protecting the resources indicated in § 210-1.
D.
Words used in the present tense shall include the future; and words
used in the singular number shall include the plural, and the plural
and singular, unless the context clearly indicates the contrary.
E.
Terms not specifically defined in this chapter shall have the meaning
customarily assigned to them.
F.
In case of conflict between the Official Maps and the definitions
in this chapter, the definition shall control.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris or increased
runoff from urbanization upstream. This chapter does not imply that
areas outside the floodplain districts or land uses permitted within
such districts will be free from flooding or flood damages. This chapter
shall not create liability on the part of the Township or any officer
or employee thereof for any flood damage that results from reliance
on this chapter or any administrative decision lawfully made thereunder.
A.
Nothing in this chapter shall be interpreted to conflict with present
or future state statutes in the same subject matter. Conflicting provisions
of this chapter shall be abrogated to, but only to, the extent of
the conflict. Moreover, the provisions of this chapter shall be construed,
if possible, to be consistent with and in addition to relevant state
regulations and statutes.
B.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements and shall be liberally construed
in favor of the Township Board and shall not be deemed a limitation
or repeal of any other powers granted by state statutes.
C.
It is not intended by this chapter to repeal, abrogate or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter imposes greater restrictions, the provisions of
this chapter shall prevail. All other ordinances inconsistent with
this chapter are hereby repealed to the extent of the inconsistency
only.
D.
Concurrent jurisdiction.
(1)
The Township shall have jurisdiction for the regulation of wetlands
under this chapter concurrent with the jurisdiction of the State Department
of Environmental Quality.
(2)
Issuance of a permit under this chapter shall not relieve a property
owner from obtaining a permit from the State Department of Environmental
Quality and/or from the Army Corps of Engineers or other agency, if
required.
(3)
Issuance of a permit by the State Department of Environmental Quality
and/or Army Corps of Engineers shall not relieve a property owner
from obtaining a permit under this chapter if a permit is required
by the terms of this chapter, and all permit requirements under this
chapter shall be met.
A.
No structure, land or vegetation shall hereafter be used, altered,
filled, or dredged, and no structure shall be located, extended, converted
or structurally altered without full compliance with the terms of
this chapter and other applicable regulations which apply to uses
within the jurisdiction of this chapter.
[Amended 9-26-2006 by Ord. No. 44A-2006]
This chapter shall apply to all lands within the jurisdiction
of the Township upon which any of the following conditions exist:
A.
Flood hazard areas, special flood hazard areas and floodway boundaries
shall be determined based on the Federal Emergency Management Agency
(FEMA) Flood Insurance Study (FIS) entitled "Flood Insurance Study,
Oakland County, Michigan, and Incorporated Areas" and dated September
29, 2006, the Flood Insurance Rate Maps (FIRMS) panel numbers of 26125C0237F,
26125C0239F, 26125C0241F, 26125C0242F, 26125C0243F, 26125C0244F, 26125C0263F,
26125C0275F, 26125C0377F, 26125C0379F, 26125C0381F, 26125C0382F, 26125C0383F,
26125C0384F, 26125C0401F, 26125C0403F, and dated September 29, 2006.
B.
All areas of one-hundred-year frequency flood as shown on the Paint
Creek Flood Hazard Study and the West Branch Stony Creek and McClure
Drain Flood Hazard Study.
C.
Watercourses as defined in this chapter and/or as identified on the
official Township Drainage, Floodplain and Wetland Maps.
D.
Wetlands as defined in this chapter. (All wetland regulation in this
chapter shall apply only to the land meeting the definition of "wetland.")
[Amended 6-8-1999 by Ord. No. 81]
A.
Any person found responsible for violating any of the provisions of this chapter shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering the person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this chapter. Each day a violation exists shall be deemed a separate and distinct offense.[1]
B.
The grant or denial of a development permit shall not have any affect
on any remedy of any person at law or in equity; provided that where
it is shown there is a wrongful failure to comply with this chapter,
there shall be a rebuttable presumption that the obstruction was the
proximate cause of the flooding of the land of any person bringing
suit.
C.
Any person violating the provisions of this chapter shall become
liable to the Township for any expense or loss or damage occasioned
by the Township by reason of such violation.
