[HISTORY: Adopted by the Board of Trustees
of the Charter Township of East China as indicated in article histories.
Amendments noted where applicable.]
[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:
A request for a review of the Emergency Preparedness Committee
or the Emergency Preparedness Officer's interpretation of any provision
of this article.
The governing body of the Charter Township of East China,
hereafter referred to as “Board.”
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.
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.”
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.”
Those areas specifically designated as flood control areas
by the Emergency Preparedness Officer.
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.
A.
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.
C.
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.
D.
Nomination of Officer.
(1)
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.
(2)
Subject to Board approval. The Committee nomination
for Emergency Preparedness Officer shall be subject to Board approval.
A.
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:
(1)
Order mobilization of community members and Township
employees;
(2)
Authorize and supervise the installation of temporary
dikes, sandbags, or other methods of flood prevention or flood protection;
(3)
Enter upon public or private lands and premises to
supervise flood control and install, erect and/or remove temporary
measures;
(4)
Issue directives barring the public from designated
flood control areas during the duration of a declared flood emergency;
(5)
Mobilize volunteers;
(6)
Distribute and utilize flood prevention or flood protection
materials;
(7)
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;
(8)
Coordinate local community efforts with the flood
protection and flood control efforts of the county, state and United
States government;
(9)
Incur on behalf of the Township expenses in providing
flood prevention or flood protection measures;
(10)
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;
(11)
Issue such other orders or engage in such other activities
as may be necessary to implement the purpose and objective of this
article.
B.
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.
(1)
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.
C.
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.
(1)
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.
(2)
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.
(3)
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
(1)
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.
(2)
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.
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.”
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.
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.
The condition of flooding having a one-percent chance of
annual occurrence.
The water surface elevation of the one-hundred-year flood.
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.
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.
A.
Enforcement
designated. Pursuant to the provisions of the State Construction Code,[2] 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.
[2]
Editor's Note: See MCLA § 125.1501 et seq.
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.
[1]
Editor's Note: This ordinance provided that it shall take
effect 5-3-2010.
A.
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.
B.
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]
C.
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:
(1)
Identify and describe the work to be covered by the
permit for which application is made;
(2)
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;
(3)
Indicate the use or occupancy for which the proposed
work is intended;
(4)
Be accompanied by plans and specifications for proposed
construction;
(5)
Be signed by the permittee or his authorized agent
who may be required to submit evidence to indicate such authority;
(6)
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;
(7)
Give such other information as reasonably may be required
by the Township;
(8)
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.
D.
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.
E.
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:
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);[1]
(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.
A.
New water and sewer systems. New water and sewer systems
shall be constructed to eliminate or minimize infiltration by floodwaters.
B.
On-site disposal systems. Moreover, on-site disposal
systems will be designed to avoid impairment or contamination during
flooding.
C.
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.
