[HISTORY: Adopted by the Board of Trustees of the Charter Township of East China as indicated in article histories. Amendments noted where applicable.]
Article I Emergency Flood Control
Article II Floodplain Use and Regulation
[Adopted 7-20-1987 by Ord. No. 155 (Ch. 8-07 of the 1980 Code)]
Areas of the Charter Township of East China are subject to periodic inundation which results in loss of life and 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.
It is the purpose and objective of this article to:
Allow temporary control measures to be utilized by certain specified Township personnel or their designee(s) during times of declared flood emergency or in immediate anticipation of a flood emergency;
Allow specified Township personnel or their designee(s) to take steps to safeguard persons and property in the exercise and furtherance of this article;
Provide for the declaration and determination of flood emergency;
Provide for assessment and collection of costs of the Township for preventative and/or protective measures taken during the time of a declared flood emergency or in immediate anticipation of a flood emergency;
Provide for a method of review of action taken by the Township during the time of declared flood emergency or in immediate anticipation of a flood emergency;
Promote the public health, safety and general welfare of inhabitants of the Charter Township of East China;
Minimize public and private loses due to a flood emergency; and
Provide penalties for violations of this article.
[Amended 4-19-2004 by Ord. No. 285]
The legislature of the State of Michigan has in 1968, Public Act 300 (MCLA § 41.181), as amended, delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety and general welfare of its citizens and property. Furthermore, the legislature of the State of Michigan in PA 1994, Act. No. 451 (MCLA § 324.33701 et seq.), as amended, further expressed an intent that local municipal units actively participate in preventive flood control measures.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meanings they have in common usage and to give this article its most reasonable application:
- A request for a review of the Emergency Preparedness Committee or the Emergency Preparedness Officer's interpretation of any provision of this article.
- CHARTER TOWNSHIP OF EAST CHINA BOARD
- The governing body of the Charter Township of East China, hereafter referred to as “Board.”
- DECLARATION OF FLOOD EMERGENCY
- Created only in the following manner: By the Township Supervisor as set forth in the definition of “flood emergency” below, following a meeting of the Emergency Preparedness Committee called for that purpose. Only in the absence of the Supervisor at such meeting can the Emergency Preparedness Officer, acting through the Committee, make such a declaration which shall conform to the provisions of the definition of “flood emergency” below.
- EMERGENCY PREPAREDNESS COMMITTEE
- Consists of the following Township officials: Supervisor, Building Official, Emergency Preparedness Officer and such other individuals as the Township Board may from time to time designate, hereafter referred to collectively as the “Committee.”
- EMERGENCY PREPAREDNESS OFFICER
- The person nominated by the Township Board by resolution for the purpose of execution of the terms and provisions of this article, hereafter referred to as “Officer.”
- FLOOD CONTROL AREA
- Those areas specifically designated as flood control areas by the Emergency Preparedness Officer.
- FLOOD EMERGENCY
- Any high water condition posing an immediate or imminent threat to persons or property as stated in a written declaration to the Township Board to that effect by the Township Supervisor or by the Emergency Preparedness Committee acting through the Emergency Preparedness Officer.
- The Charter Township of East China, St. Clair County, Michigan, and shall include its several departments, commissions, boards and agencies.
Creation; power and authority. There is hereby created an Emergency Preparedness Committee in which is vested the power and authority to administer, manage, operate and control the flood control system established by the Township and to construe and make effective the provisions of this article.
Duration of service. All members of this Committee shall continue to serve on the Committee until his/her successor has qualified for the office of that particular Committee person.
Nomination of Officer.
From within or outside the Committee. The Committee may nominate the Emergency Preparedness Officer from its own number or may elect to nominate an individual from outside the Committee.
Subject to Board approval. The Committee nomination for Emergency Preparedness Officer shall be subject to Board approval.
During declared flood emergency. During a declared flood emergency, the Emergency Preparedness Committee, acting as a committee or through the Emergency Preparedness Officer, has full power and authority to:
Order mobilization of community members and Township employees;
Authorize and supervise the installation of temporary dikes, sandbags, or other methods of flood prevention or flood protection;
Enter upon public or private lands and premises to supervise flood control and install, erect and/or remove temporary measures;
Issue directives barring the public from designated flood control areas during the duration of a declared flood emergency;
Distribute and utilize flood prevention or flood protection materials;
Establish a communication and distribution center at the Township offices or such other alternative site or sites as may be selected in the sole discretion of the Committee;
Coordinate local community efforts with the flood protection and flood control efforts of the county, state and United States government;
Incur on behalf of the Township expenses in providing flood prevention or flood protection measures;
Maintain appropriate accounting records relative to the expenditure of time and expense on the part of the Township employees and Township residents during the duration of the declared flood emergency;
Issue such other orders or engage in such other activities as may be necessary to implement the purpose and objective of this article.
Incur expenses for flood protection. Specific authority is hereby granted to the Emergency Preparedness Committee, acting as a committee or through the Emergency Preparedness Officer, to incur on behalf of the Township expenses in providing flood protection or flood protection measures pursuant to the provisions of this article.
Cost apportioned among lots or parcels. The actual cost to the Township of providing flood prevention or protection measures pursuant to the provisions of this article shall be prorated and apportioned by the Township among the lots or parcels for which flood prevention or protection has been provided.
Costs assessed to relevant landowner. The actual costs to the Township, as prorated and apportioned, shall be charged to the relevant landowner to be assessed pursuant to § 253-6B.
Collect special assessment charges. The full amount of any charges assessed pursuant to § 253-6B of this article with respect to each lot or parcel of land for which flood prevention control or protection has been afforded pursuant to this article shall be a special assessment to be spread against such land and property to be assessed, levied, and collected at the same time and in the same manner as other Township taxes and shall be returned in the same manner for nonpayment.
Assessed as lien against property. The cost incurred by the Township in affording flood protection control or flood prevention pursuant to this article shall be a lien against the real property affected thereby and shall be reported to the assessing officer of the Township who shall assess the cost against the property for which the flood protection or flood prevention has been provided.
Notification of party in interest. The owner or party in interest in whose name the affected property appears upon the last local tax assessment records shall be notified of the amount of such costs by first class mail at the address shown on the Township records.
Failure to pay. If the owner or party in interest in whose name the affected property appears upon the last local tax assessment record fails to repay the same within 30 days after mailing by the Assessor of the notice of the amount thereof, the Assessor shall add the same to the next tax roll of the Township, and the same shall be collected in the same manner as, by law, all other taxes are collected by the Township.
Terminate flood emergency. The Township Supervisor or the Emergency Preparedness Committee, acting as a committee or through the Emergency Preparedness Officer, shall declare the termination of a flood emergency by issuance of a written directive to that effect to the Township Board stating the effective date and the time of the termination.
Request for hearing. Any person may request a hearing before the Emergency Preparedness Committee for the purpose of reviewing the necessity of the continued implementation by the Township of the emergency flood control system and procedures described in this article.
Scope of review. Such review may include, but shall be limited to, the necessity for continued declaration of a flood emergency, the adequacy or inadequacy of the flood prevention or flood protection procedures taken, the reasonableness of costs incurred by the Committee or Officer in providing flood prevention or flood protection methods and the reasonableness of the apportionment of costs among landowners affected thereby.
Procedures established by Board. The procedures to be followed in the processing of any application for review, including the assessment and amount of an application fee, shall be established by resolution of the Township Board. A copy of such resolution shall be kept on file in the Township Clerk's office for public inspection.
Appeal by aggrieved to Board. Any person aggrieved by a decision or order of the Committee or Officer may appeal the decision or order to the Township Board and may request a further hearing before that body.
Board authority. The Township Board is hereby specifically authorized to hear and decide any purported or alleged error in the implementation of this article by the Committee or Officer, and the Township Board shall have the authority to reverse or affirm, wholly or partly, or may modify the order of the Committee or Officer in any fashion as may be deemed by the Township Board necessary and proper.
Appeal of decision to Circuit Court. Any person aggrieved by the final decision or order of the Township Board may appeal the decision or order to the Circuit Court within 20 days from the date of the decision of the Township Board.
This article shall not create liability on the part of the Charter Township of East China, any officer or employee thereof, including but not limited to the Emergency Preparedness Committee and the Emergency Preparedness Officer, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
[Adopted 11-18-1980 by Ord. No. 117 as Ch. 4-03 of the 1980 Code]
Floodplains shall be managed and construction within floodplains regulated.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this article its most reasonable application:
- 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 temporary rise in stream's flow or stage that results in water overflowing its banks and inundating areas adjacent to the channel or an unusual and rapid accumulation of runoff or surface waters from any sources.
- Any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of bouyance.
- HABITABLE FLOOR
- Any floor used for living, which includes working, sleeping, eating, cooking or recreation, or combination thereof. A floor used only for storage purposes is not a “habitable floor.”
- MOBILE HOME
- 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. It does not include recreational vehicles or travel trailers.
- MOBILE HOME PARK (SUBDIVISION)
- A parcel (or contiguous parcels) of land which has been divided into two or more lots for rent or sale and the placement of mobile homes.
- ONE-HUNDRED-YEAR FLOOD
- The condition of flooding having a one-percent chance of annual occurrence.
- REGULATORY FLOOD ELEVATION
- The water surface elevation of the one-hundred-year flood.
- SPECIAL FLOOD HAZARD AREA
- The land within a community subject to a one-percent or greater chance of flooding in any given year.
- A walled and roofed structure, including a gas or liquid storage tank that is principally above the ground, including but without limitation to buildings, factories, sheds, cabins, mobile homes, and other similar uses.
- SUBSTANTIAL IMPROVEMENT
- 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 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 any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations, as well as structures listed in National or State Registers of Historic Places.
[Amended 1-20-1992 by Ord. No. 200; 4-19-2010 by Ord. No. 303]
Enforcement designated. 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, the Building Official of the Charter Township of East China is hereby designated as the enforcing agency to discharge the responsibility of the Charter Township of East China under Act 230, of the Public Acts of 1972, as amended, State of Michigan. The Charter Township of East China assumes responsibility for the administration and enforcement of said Act throughout the corporate limits of the community adopting this ordinance.
Editor's Note: See MCLA § 125.1501 et seq.
Code appendix enforced. Pursuant to the provisions of the State Construction Code, in accordance with Section 8(b)6 of Act 230, of Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the Charter Township of East China.
Designation of regulated flood-prone hazard areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled "St. Clair County, Michigan (All Jurisdictions)" and dated May 3, 2010, and the Flood Insurance Rate Maps (FIRMs) Panel Numbers 26147C; 0434D, 0442D, 0444D, 0461D, 0463D, 0464D, 0510D, and 0526D, and dated May 3, 2010, 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.
Editor's Note: This ordinance provided that it shall take effect 5-3-2010.
Requirement established. No person, firm or corporation shall erect, construct, enlarge or improve any building or structure in the Township or cause the same to be done without first obtaining a separate building permit for each such building or structure.
Within special flood hazard areas. Within special flood hazard areas on the Official Map, separate building permits are required for all new construction, substantial improvements and other developments, including the placement of mobile homes and compliance with Building Permit Procedure — Floodplain as adopted by resolution of the Township Board.
[Amended 1-20-1992 by Ord. No. 200]
Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall:
Identify and describe the work to be covered by the permit for which application is made;
Describe the land on which the proposed work is to be done by lot, block tract and house and street address, or similar description that will identify and definitely locate the proposed building or work;
Indicate the use or occupancy for which the proposed work is intended;
Be accompanied by plans and specifications for proposed construction;
Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority;
Within designated flood-prone areas, be accompanied by elevations (in relation to mean sea level) of the lowest habitable floor (including basement) or, in the case of floodproofed nonresidential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the Township;
Give such other information as reasonably may be required by the Township;
When utilizing floodproofing methods, be accompanied by a certification from a registered professional engineer or architect that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. The certification shall be maintained by the Township.
Site review and recommendations. The Building Inspector shall review all building permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 US Code 1334) and make recommendations for development in all locations which have flood hazards.
Permit fee. A permit fee for administrative, survey, and inspection costs incurred shall be established by resolution of the Township Board.
[Added 1-20-1992 by Ord. No. 200]
The Building Inspector, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of mobile homes and other development(s) (as defined in § 253-10 of this article), will:
Special flood hazard areas. Obtain, review and reasonably utilize, if available, any regulatory flood elevation data from federal, state or other sources, until such other data is provided by the Federal Insurance Administration, in a Flood Insurance Study, and require within areas designated as special flood hazard areas on the Official Map the following performance standards be met:
The first floor elevation (to include basement) of new residential structures be elevated to or above the regulatory flood elevation;
The first floor elevation (to include basement of nonresidential structures) be elevated or floodproofed to or above the regulatory flood elevation;
Use of construction materials and utility equipment that are resistant to flood damage;
Use of construction methods and practices that will minimize flood damage;
In the placing of mobile homes on individual lots or in mobile home parks or mobile home subdivisions, and in the repairing, reconstructing or improving of the streets, utilities and pads on existing mobile home parks and mobile home subdivisions when the cost of such repairs, reconstructions, and improvements equals or exceeds 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement:
Stands or lots be elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level;
Adequate surface drainage and access for a hauler;
In the instance of elevation on pilings, lots are to be large enough to permit steps, piling foundations are to be placed in stable soil no more than 10 feet apart, and reinforcement is provided for piers more than six feet above ground level.
All accessory structures do not require elevation above the one-hundred-year floodplain, if the following conditions are met:
Use must be restricted to parking and limited storage;
Must be built using flood damage resistant materials, such as concrete block, aluminum siding, etc.;
Must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure and meet the opening requirements of the NFIP regulations (openings in the walls not more than one foot above exterior grade to allow water to enter and exit the building at times of flood);
Any mechanical, electrical, or utility equipment must be elevated to or above the base flood elevation or floodproofed;
Must comply with floodway encroachment provisions of the State's Floodplain Regulatory Authority, MCLA § 324.3104 et seq., (covered by a Michigan Department of Natural Resources Floodplain Regulatory Authority Permit);
The accessory structure must be no more than 900 square feet.
[Amended 11-20-2000 by Ord. No. 270]
Flood resistant design or anchoring. Be designed or anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding.
Mobile home anchoring. In regard to mobile homes, specific anchoring requirements are:
Over-the-top ties be provided at each of the four corners of the mobile home with two additional ties per side at the intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side.
Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side.
All components of the anchoring system be capable of carrying a force of 4,800 pounds.
Any additions to mobile homes be similarly anchored.
Shallow flooding areas. Require within areas designated as shallow flooding areas on the Official Map, the following performance standards be met:
The first floor elevation (to include basement) of all new construction or substantial improvements of residential structures be elevated above the crown of the nearest street to or above the depth number specified on the Official Map.
The first floor elevation (to include basement) of all new construction or substantial improvements of nonresidential structures be elevated above the crown of the nearest street to or above the depth number specified on the Official Map or be floodproofed as defined herein.
Encroachments. Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the regulatory floodway that would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
Placement of mobile homes. Prohibit the placement of any mobile homes, except in an existing mobile home park or mobile home subdivision, within the regulatory floodway.
The Township Board shall review all subdivision applications and shall make findings of fact and determine if:
All such proposed developments are consistent with the need to minimize flood damage;
Subdivision proposals for development of five acres or 50 lots, whichever is lesser, include within such proposals regulatory floor elevation data;
Adequate drainage is provided so as to reduce exposure to flood hazards;
All public utilities and facilities are located so as to minimize or eliminate flood damage;
Mobile home parks and mobile home subdivisions will file evacuation plans with appropriate disaster preparedness authorities.
New water and sewer systems. New water and sewer systems shall be constructed to eliminate or minimize infiltration by floodwaters.
On-site disposal systems. Moreover, on-site disposal systems will be designed to avoid impairment or contamination during flooding.
Altered watercourses. The Township Board will insure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. The Township will 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 Administrator. Moreover, the Township will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973.
This article shall take precedence over conflicting chapters or Ordinance Code provisions.