(1) It is the purpose of this section to significantly reduce hazards to persons and damage to property as a result of flood conditions in the Township of Williamstown, 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, and subsequent enactments and the rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26, 1976, and redesignated as 44 FR 31177, May 31, 1979.
(2) Further, the objectives of this section include:
(a) The protection of human life, health and property from the dangerous and damaging effects of flood conditions;
(b) The minimization of public expenditures for flood control projects, rescue and relief efforts in the aftermath of flooding, repair of flood damaged public facilities and utilities, and the redevelopment of flood damaged homes, neighborhoods, commercial and industrial areas;
(c) The prevention of private and public economic loss and social disruption as a result of flood conditions;
(d) The maintenance of stable development patterns not subject to the blighting influence of flood damage;
(e) To ensure that the public has access to information indicating the location of land areas subject to periodic flooding; and
(f) To preserve the ability of floodplains to carry and discharge a base flood.
(B) Delineation of flood hazard area.
(1) The regulations in this section apply to the flood hazard area. The boundaries of the flood hazard area, for the purposes of these regulations, shall coincide with the boundaries of the 100-year flood area delineated on the Flood Boundary and Floodway Map for Williamstown Township (dated 4-15-1982). This map is adopted by reference, appended, and declared to be a part of this chapter. The most recent base flood elevation data received from the Federal Emergency Management Agency shall take precedence over data from other sources.
(2) Where there are disputes as to the location of a flood hazard area boundary, the Board of Zoning Appeals shall resolve the dispute in accord with §
156.479.
(3) In addition to other requirements of this chapter, compliance with the requirements of this section shall be necessary for all development occurring within the flood hazard area. If there is a conflict between the requirements of this section and other requirements of this chapter or any other ordinance, the requirement that furthers the objectives of this section to the greatest extent shall apply.
(C) Permitted uses in the flood hazard area. Within the flood hazard area, no land shall be used except for one or more of the following uses, which have a low flood damage potential and present no, or minimal, obstruction to flood flows. Such uses are permitted to the extent that they are not prohibited by any other ordinance and provided they do not require new structures, fill or storage of materials or equipment, unless specifically permitted by the regulations herein. No use shall in any manner affect the capacity of the channels or floodways of any tributary to the main stream, drainage ditch or any other drainage facility or system.
(1) Agriculture, pasture land and animal grazing;
(3) Harvesting of a native or wild crop permitted by law such as wild rice, marsh hay, berries and seeds;
(5) Parks, picnic areas, playgrounds, playfields, athletic fields, golf courses, par three golf courses, golf driving ranges, bridle paths, nature paths and trails;
(7) Fishing, trapping and hunting in compliance with current laws and regulations;
(8) Hunting and conservation clubs, and noncommercial archery, rifle and shooting ranges;
(9) Historic sites and structures;
(10) Swimming beaches, fishing and boating docks in accord with the provisions of Part 301 of the Natural Resources and Environmental Protection Act, Michigan Public Act 451 of 1994, as amended;
(11) Required open space or lot area for permitted uses that are outside of the flood hazard area;
(12) Uses incidental to single-family dwellings, including lawns, gardens and play areas;
(13) The following accessory buildings, structures and uses are permitted, subject to the requirements that generally apply to such accessory buildings, structures and uses in §
156.022: off-street parking, streets, roads, bridges, outdoor play equipment, sheds and garages, boathouses, boat hoists, utility lines, pumphouses, bank protection structures, signs, fences and similar outdoor equipment and appurtenances; provided, each of the following requirements are met:
(a) Any such accessory building, structure or use shall not cause an increase in water surface elevation, obstruct flow or reduce the impoundment capacity of the floodplain;
(b) All equipment, buildings and structures shall be anchored to prevent flotation and lateral movement;
(c) Lot coverage of an accessory structure shall not exceed 500 square feet.
(d) Compliance with these requirements shall be certified by a licensed engineer.
(14) Extraction of sand, gravel and other materials; provided that, the owner and/or operator of the extractive operation demonstrates to the satisfaction of the Township Board that no threat of ground water or surface water contamination will result from any part of the operation (including, but not limited to, mining, processing, sorting, operation of vehicles and equipment, fueling or any other part of the operation).
(D) Filling and dumping. Dredging and fill and/or dumping or backfilling with any material in any manner is prohibited unless through compensating excavation and shaping of the floodplain, the flow and impoundment capacity of the floodplain will be maintained or improved, and unless all applicable state regulations are met including but not limited to regulations set forth in Parts 31, 301, 303 and 315 of the Natural Resources and Environmental Protection Act, Michigan Public Act 451 of 1994, as amended.
(E) Standards for flood hazard areas.
(1) Except as noted in division (C) above, all new construction shall be prohibited in the flood hazard area. Substantial improvements to existing structures shall be prohibited in the flood hazard area, except where the improvements would clearly lessen the impact of the structure on the floodplain.
(2) No existing building or structure shall be converted, or substantially improved or replaced unless the lowest floor, including the basement, is elevated to or above the base flood level.
(3) No existing building or structure shall be converted, or substantially improved or replaced, and no land shall be filled or building or structure used in a flood hazard area unless the proposed improvements are in full compliance with this chapter. Any proposed conversion, substantial improvement, or replacement of an existing structure shall also comply with Appendix Chapter 31, Division I, of the Uniform Building Code, involving flood-resistant construction. Approval shall not be granted until permits have been submitted from the Department of Environmental Quality under authority of Parts 31 of the Natural Resources and Environmental Protection Act, Michigan Public Act 451 of 1994, as amended; the Ingham County Drain Commission and Ingham County Department of Health.
(4) Relocation of a building or structure may be permitted only where the relocation would clearly lessen the impact of the structure on the floodplain.
(5) All public utilities and facilities shall be designed, constructed and located to minimize or eliminate flood damage.
(6) Land shall not be divided in a manner that creates parcels or lots which cannot be used in conformance with the requirements of this section.
(7) The flood-carrying capacity of any altered or relocated watercourse not subject to state or federal regulations designed to ensure flood-carrying capacity shall be maintained.
(8) Available flood hazard data from federal, state or other sources shall be used to determine compliance with this section. Data furnished by the Federal Emergency Management Agency shall take precedence over data from other sources.
(9) Developers of substantially improved or relocated structures within the flood hazard area shall submit written documentation to the Building Official indicating:
(a) The elevation of the lowest floor in the structure, including basement; and
(b) The elevation to which a structure has been floodproofed, if floodproofing methods have been employed.
(10) Proposed specifications and as-built drawings shall be kept on record and made available for public inspection and for use in determining flood insurance risk premium rates.
(11) When floodproofing measures are employed, a licensed engineer or architect shall certify that the methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and any other factors associated with the intermediate regional floodplain elevation. The certification shall indicate the elevation to which the structure is floodproofed.
(12) Improvements made to existing structures, including mobile homes, shall be firmly anchored to prevent flotation and lateral movement, and shall be constructed with flood resistant materials and methods.
(13) If new and replaced utility and sanitary facilities must be located below the 100-year flood elevation, they shall be constructed so as to be watertight, to resist hydrostatic and hydrodynamic loads and to be resistant to the effects of buoyancy. All measures to flood proof utility and sanitary facilities are subject to approval of the Township Engineer.
(14) On site waste disposal systems, such as septic tanks and leach fields, and service facilities, such as electrical and heating equipment, shall not be located in a floodplain.
(15) The application or discharge of persistent toxic compounds whose direct or indirect effects through residuals have a half-life greater than six months onto land within the flood hazard area shall not be permitted.
(16) Fill shall be protected from erosion by rip-rap, vegetative cover, bulkheading or other appropriate technique approved by the Ingham County Drain Commissioner.
(17) Should any watercourse relocation or alteration be proposed, notification of the change in the watercourse shall be sent by the developer to adjacent affected communities, the Michigan Department of Environmental Quality, and the Federal Emergency Management Agency. Such modifications shall not impair the flow and impoundment capacity of the floodplain.
(18) In no case shall any permanent structure be erected closer than 50 feet to the banks of the Red Cedar River or to the center of any open county drain. The banks of the Red Cedar River shall be determined by legal survey. The center of public drains shall be determined from legal descriptions which are on public record.
(19) New subdivisions and other developments shall be designed and located to minimize flood damage within the flood hazard area, and to prevent adverse impact in the flood hazard area as a result of chemical contamination (for example, from fertilizer, herbicide and pesticide usage; tree cutting; expanding impervious surface area and the like). Public utilities in subdivisions, including sewer, gas, electrical and water systems, shall be located and designed to minimize potential flood damage.
(20) Where relocation of an existing structure is permitted, the structure shall be placed on the site so as to minimize obstruction to the flow of floodwaters; accordingly, whenever possible, the structure shall be placed with its longitudinal axis parallel to the direction of flood flow.
(21) No approval shall be granted for the substantial improvement or relocation of existing structures, or development of any kind within the floodway hazard area when the improvement, relocation or development would cause any increase in flood level associated with a 100-year flood.
(F) Disclaimer of liability. Approval of the use of land under this section shall not be considered a guarantee or warranty of safety from flood damage. Any such approval shall not be considered a guarantee or warranty that areas outside the flood hazard area will be free from flood damage.
(Ord., § 2.20, passed - -; Ord. rev. 12-1-1998)
