Allendale Charter Township
City Zoning Code
City Zoning Code
ARTICLE 19
Floodplain Regulations
§ 470-19.01 Description and purpose.
The purpose of this zone is to protect all land subject to periodic inundation of flood water. The regulations contained herein:
A.
Restrict or prohibit uses which are dangerous to health, safety, or property because of their undue locations.
B.
Protect uses that are vulnerable to floods, including public facilities which serve such uses.
§ 470-19.02 Special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Charter Township of Allendale," dated July 5, 1982, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the Town Hall, 6676 Lake Michigan Drive, Allendale, Michigan.
§ 470-19.03 Permits required.
No person, firm or corporation shall erect, construct, enlarge or improve any building or structure in the Charter Township or cause the same to be done without first obtaining a separate building permit for each such building or structure.
A.
Within Zone(s) A on the official floodplain map, separate building permits are required for all new construction, substantial improvements and other developments, including the placement of mobile homes.
B.
Application. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every such application shall:
(1)
Identify and describe the work for which the permit 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 applicant 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 non-residential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the Zoning Administrator.
(7)
Give such other information as reasonably may be required by the Zoning Administrator.
C.
The Zoning Administrator 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 U.S. Code 1334).[1]
[1]
Editor's Note: See 33 U.S.C.A. § 1344.
§ 470-19.04 Review of structures.
The Zoning Administrator, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of mobile homes and other development(s) (as defined in Article 32 of this chapter) shall obtain, review and utilize any reasonably available flood elevation data and Federal, State or other sources. If such data is obtained from the Federal Insurance Administration, such data shall be sufficient. Within areas designed as Zone A on the official floodplain map or any other area determined to be subject to flooding, the following performance standards shall be met:
A.
The lowest habitable floor elevation (to include basement) of new residential structures must be elevated or floodproofed to or above the regulatory flood elevation.
B.
New construction and substantial improvement of any nonresidential structure shall have the lowest floor (including basement), elevated above the regulatory flood elevation; or, together with attendant utility and sanitary facilities shall be constructed to meet the following requirements:
(1)
Be floodproofed so that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water;
(2)
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(3)
Be certified by a registered professional engineer or architect that the standards of the subsection are satisfied. Such certification shall be provided to the officials as set forth in § 470-19.03B(6).
C.
Only construction materials and utility equipment that are resistant to flood damage may be used.
D.
Only construction methods and practices that will minimize flood damage may be used.
E.
All structures must be designed or anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding.
F.
In regards to mobile homes specific anchoring requirements are:
(1)
Over-the-top ties must be provided at each corner of the mobile home. Two additional ties per side at the intermediate locations shall be provided, except that mobile homes less than 50 feet long require only one additional tie per side.
(2)
Frame ties must be provided at each corner of the home with five additional ties per side at intermediate points, except that mobile homes less than 50 feet long require four additional ties per side.
(3)
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(4)
Any additions to mobile homes must be similarly anchored.
(5)
Mobile homes:
(a)
Mobile homes shall be anchored in accordance with § 470-19.04C.
(b)
For new mobile home parks and mobile home subdivisions; expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of value of the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that:
[1]
Stands or lots are 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;
[2]
Adequate surface drainage and access for a hauler are provided; and
[3]
In the instance of elevation on pilings, that:
[a]
Lots are large enough to permit steps;
[b]
Piling foundations are placed in stable soil no more than 10 feet apart; and
[c]
Reinforcement is provided for pilings more than six feet above the ground level.
(c)
No new or replacement mobile home shall be placed in a floodway.
§ 470-19.05 Review of subdivisions.
The governing body of the Charter Township 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 flood 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.
F.
Floodways. Lands located within areas of special flood hazard established in § 470-19.02 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:
(1)
Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2)
If § 470-19.05F(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter.
(3)
No mobile homes shall be placed or replaced in the floodway.
§ 470-19.06 New water and sewer facilities.
New water and sewer systems shall be constructed to eliminate or minimize infiltration by floodwaters; moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.
§ 470-19.07 Intergovernmental cooperation.
The governing body of the Charter Township 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 alterations or relocation of 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.
§ 470-19.08 Conflicting ordinances.
This article shall take precedence over conflicting ordinances or parts of ordinances. The Township Board of Allendale Charter Township may, from time to time, amend this article to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this chapter are in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976.
