[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:
A. 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;
B. Allow specified Township personnel or their designee(s)
to take steps to safeguard persons and property in the exercise and
furtherance of this article;
C. Provide for the declaration and determination of flood
emergency;
D. 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;
E. 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;
F. Promote the public health, safety and general welfare
of inhabitants of the Charter Township of East China;
G. Minimize public and private loses due to a flood emergency;
and
H. 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:
APPEAL
A request for a review of the Emergency Preparedness Committee
or the Emergency Preparedness Officer's interpretation of any provision
of this article.
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.
TOWNSHIP
The Charter Township of East China, St. Clair County, Michigan,
and shall include its several departments, commissions, boards and
agencies.
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:
DEVELOPMENT
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.
FLOOD
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.
FLOODPROOFING
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.
SPECIAL FLOOD HAZARD AREA
The land within a community subject to a one-percent or greater
chance of flooding in any given year.
STRUCTURE
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]
A. 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.
B. 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.
C. 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.
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:
A. 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:
(1) The first floor elevation (to include basement) of
new residential structures be elevated to or above the regulatory
flood elevation;
(2) The first floor elevation (to include basement of
nonresidential structures) be elevated or floodproofed to or above
the regulatory flood elevation;
(3) Use of construction materials and utility equipment
that are resistant to flood damage;
(4) Use of construction methods and practices that will
minimize flood damage;
(5) 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:
(a)
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;
(b)
Adequate surface drainage and access for a hauler;
(c)
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.
(6) All accessory structures do not require elevation
above the one-hundred-year floodplain, if the following conditions
are met:
(a)
Use must be restricted to parking and limited
storage;
(b)
Must be built using flood damage resistant materials,
such as concrete block, aluminum siding, etc.;
(c)
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);
(d)
Any mechanical, electrical, or utility equipment
must be elevated to or above the base flood elevation or floodproofed;
(e)
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);
(f)
The accessory structure must be no more than
900 square feet.
[Amended 11-20-2000 by Ord. No. 270]
B. 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.
C. Mobile home anchoring. In regard to mobile homes,
specific anchoring requirements are:
(1) 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.
(2) 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.
(3) All components of the anchoring system be capable
of carrying a force of 4,800 pounds.
(4) Any additions to mobile homes be similarly anchored.
D. Shallow flooding areas. Require within areas designated
as shallow flooding areas on the Official Map, the following performance
standards be met:
(1) 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.
(2) 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.
E. Regulatory floodways.
(1) 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.
(2) 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:
A. All such proposed developments are consistent with
the need to minimize flood damage;
B. Subdivision proposals for development of five acres
or 50 lots, whichever is lesser, include within such proposals regulatory
floor elevation data;
C. Adequate drainage is provided so as to reduce exposure
to flood hazards;
D. All public utilities and facilities are located so
as to minimize or eliminate flood damage;
E. Mobile home parks and mobile home subdivisions will
file evacuation plans with appropriate disaster preparedness authorities.
This article shall take precedence over conflicting
chapters or Ordinance Code provisions.