§ 3.30. Development/Permit.

A.

Development, including the erection of structures and placement of mobile homes, within a flood hazard area shall not occur except upon issuance of a local permit in accord with the requirements of this Ordinance and the following standards:

The term "development," as used in this section, shall mean 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 operation located within the area of special flood hazard.

1.

The requirements of this section shall be met.

2.

The requirements of the underlying zoning district and applicable general provisions of this Ordinance must be met.

3.

All necessary development permits shall have been issued by appropriate local, state, and federal authorities including a flood plain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under authority of Public Act 451, as amended. Where a development permit cannot be issued prior to the issuance of a local permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

4.

General standards for flood hazard reduction.

a.

All new construction and substantial improvements, including the placement of prefabricated buildings and mobile homes, in the flood hazard area shall:

i.

Be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure;

ii.

Be constructed with materials and utility equipment resistant to flood damage.

iii.

Be constructed by methods and practices that minimize flood damage.

b.

All subdivision proposals and other proposed new development in the floodplain district shall be reviewed by the building inspector to assure that:

i.

All such proposals are consistent with the need to minimize flood damage in the floodplain district;

ii.

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

iii.

Adequate drainage is provided to reduce flood hazards.

c.

All new and replacement water supply system in the flood plain district shall be designed to minimize or eliminate infiltration of flood waters into the system.

d.

All new and replacement sanitary sewage systems in the flood plain district shall be designed to minimize or eliminate infiltration of flood water into the systems and discharges from the systems into flood waters. All on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

e.

All public utilities and facilities shall be designed, constructed, and located to minimize or eliminate flood damage.

f.

Adequate drainage shall be provided to reduce exposure to flood damage.

g.

Development plans shall be reviewed in accordance with this Ordinance to determined compliance with the standards in this Ordinance. The building inspector shall review development proposals to determine compliance with the standards of this Article.

h.

The flood carrying capacity of any altered or relocated watercourse not subject to state or federal regulations designed to insure flood carrying capacity shall be maintained. If any alteration or relocation of any watercourse shall be proposed, then prior thereto, the building inspector shall notify adjacent communities and the state coordinating agency and shall submit copies of such notifications to the Federal Emergency Management Agency, prior to any alteration or relocation of a watercourse.

i.

Available flood hazard data from federal, state, or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by the FEMA shall take precedence over data from other sources.

j.

All subdivision proposals and other proposed new development in the flood plain district, greater than fifty (50) lots or five (5) acres, whichever is less, shall include within such proposals the base flood elevation data (that flood having at least a one (1) per cent chance of being equaled or exceeded in any given year).

k.

Land shall not be divided in such a manner so as to create parcels or lots that cannot be used in conformance with the requirements of this section.

5.

Obstruction of floodways. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is extremely hazardous due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a.

Encroachments are prohibited, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrated that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharges.

b.

If the preceding is satisfied, all new construction and substantial improvement shall comply with all applicable flood hazard reduction provisions of this Ordinance and the city's Code of Ordinances.

6.

Filling and dumping. Dredging, filling, dumping, and/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 federal, state, and city regulations are met.

7.

Specific base flood elevation standards.

a.

On the basis of the most recent available base flood elevation data, the following standards shall apply in the flood hazard area zones A1, A2, and A5:

i.

All new construction and substantial improvement of residential structures shall have the lowest floor, including basement, elevated to one (1) foot or above the base flood level.

ii.

All new construction and substantial improvement of nonresidential structures shall have either:

1)

The lowest floor, including basement, elevated to one (1) foot or above the base flood level; or

2)

Be constructed such that below the base flood level, together with attendant utility and sanitary facilities, the structure is 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. A registered professional engineer or architect shall certify that the standards of this subparagraph are satisfied. Said certification shall be submitted as provided and shall indicate the elevation to which the structure is flood proofed.

b.

On the basis of the most recent available base flood elevation data, the following standards shall apply in the flood hazard area zone AO:

i.

All new construction and substantial improvement of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the applicable flood insurance rate map.

ii.

All new construction and substantial improvement of nonresidential structures shall have either:

1)

The lowest floor, including basement elevated above the crown of the nearest street or above the depth number specified on the applicable flood insurance rate map; or

2)

Be constructed such that below the base flood level, together with attendant utility and sanitary facilities, the structure is 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. A registered professional engineer or architect shall certify that the standards of this subparagraph are satisfied. Said certification shall be submitted as provided and shall indicate the elevation to which the structure is flood proofed.

c.

The most recent base flood elevation data received from the FEMA shall take precedence over data from other sources.

8.

Mobile home standards.

a.

All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties in accord with the following specifications:

i.

Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, except that on mobile homes less than fifty (50) feet in length, one tie per side shall be required.

ii.

Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points, except that on mobile homes less than fifty (50) feet in length, four (4) ties per side shall be required.

iii.

All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.

iv.

All additions to a mobile home shall be similarly anchored.

b.

For mobile home parks and mobile home subdivisions located within the flood plain district, an evacuation plan indicating an alternate vehicular access and escape routes shall be filed with the fire chief and the Eaton County Civil Defense Director and/or Emergency Management Director.

c.

For all new mobile home parks and mobile home subdivisions, expansions to existing mobile home parks and mobile home subdivisions, existing mobile home parks and mobile home subdivisions where the repair, reconstruction, or improvement of the streets, utilities, and pads equals or exceeds fifty (50) per cent of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement has commenced, and all individual mobile homes not in a mobile home park or mobile home subdivision within the flood plain district require that:

i.

Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be one (1) foot or above the base flood level;

ii.

Adequate surface drainage and access for a hauler are provided; and

iii.

In the instance of elevation on pilings, that:

1)

Lots are large enough to permit steps;

2)

Piling foundations are placed in stable soils no more than ten (10) feet apart; and

3)

Reenforcement is provided for pilings more than six (6) feet above the ground level.

d.

No mobile home shall be placed in a floodway, except in an existing mobile home park or existing mobile home subdivision.