Environmental standards are established in order to preserve the shortterm and longterm environmental health, safety, and quality of the city. No parcel, lot, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. No use otherwise allowed shall be permitted within any district that does not conform to the standards of use, occupancy, and operation in this article, which are hereby established as the minimum requirements to be maintained within said area.

(Ord. No. 691, § 1(32-161), 5-4-2005)

(a)

Intent. The intent of this section is to:

(1)

Protect and preserve the appearance, character, and value of the community;

(2)

Minimize noise, air, and visual pollution;

(3)

Improve the overall aesthetics and appearance, divide the expanse of pavement, and define parking areas and vehicular circulation within off-street parking lots and other vehicular use areas;

(4)

Require buffering of residential areas from more intense land uses and public street rights-of-way;

(5)

Prevent soil erosion and soil depletion and promote sub-surface water retention;

(6)

Encourage an appropriate mixture of plant material, such as evergreen and deciduous trees and shrubs, to protect against insect and disease infestation and produce a more aesthetic and cohesive design; and

(7)

Encourage the integration of existing woodlands in landscape plans.

(b)

Application of requirements. These requirements shall apply to all uses for which site plan review is required under section 60-307 and subdivision plat review as required under the subdivision control ordinance. No site plan, site condominium plan, or subdivision plat shall be approved unless a landscape plan is provided which meets the requirements set forth herein. The planning commission shall have the authority to waive or modify the requirements of section 60-278, landscaping, greenbelts and buffers, and screening.

(c)

Landscape plan requirements. A separate detailed landscape plan shall be submitted to the city as part of the site plan review or tentative preliminary plat review. The landscape plan shall be reviewed and approved by the planning commission prior to issuance of a building/zoning permit. The planting plan shall include, but not necessarily be limited to, the following items:

(1)

Location, spacing, size, root type (bare root or burlapped) or container plant and descriptions for each plant type proposed for use within the required landscape area.

(2)

Typical straight cross section including slope, height, and width of berms.

(3)

Typical construction details to resolve specific site conditions, such as landscape walls and tree wells used to preserve existing trees or maintain natural grades.

(4)

Details in either text or drawing form to ensure proper installation and establishment of proposed plant materials, including watering method.

(5)

Identification of existing trees and vegetative cover to be preserved.

(6)

Identification of grass and other ground cover and method of planting.

(7)

Identification of landscape maintenance program including statement that all diseased, damaged, or dead materials shall be replaced in accordance with standards of this chapter.

(8)

Drawn at a scale of no less than one inch equals 60 feet.

(d)

Screening between land uses.

(1)

Required. Upon any improvement, including a structural or use expansion, of property within a zoning classification of C, OS, WF, B-1, B-2, ORT, LI, GI, SR or any nonresidential special land use or campus housing or campus parking, a screening wall or landscape buffer as described below shall be constructed to create a visual screen along all adjoining boundaries of property zoned or used for single-family or multiple-family residential. This same requirement shall apply to property zoned R-3 along all adjoining boundaries of property zoned or used for single-family residential.

(2)

Screening wall. A required screening wall shall be six feet in height as measured on the side of the proposed wall having the higher grade, and shall be constructed on both sides with face brick, poured-in-place face brick, pre-cast brick face panels having simulated face brick, or stone. The planning commission may also consider a decorative wood or vinyl-coated fence such as a shadow box or basket weave design or other approved material. Solid fences or stockade fences shall be prohibited. In lieu of a required screening wall, the developers may request the construction of a landscape buffer in accordance with the standards of this subsection and subsection (d)(3) of this section. A required wall shall be located on the lot line except where underground utilities interfere and in instances where this chapter requires conformity with front yard setback requirements. Upon review of the landscape plan, the planning commission may approve an alternate location of a wall.

(3)

Landscape buffer. The landscape buffer shall be constructed as follows:

a.

A strip of land a minimum of 15 feet in depth located between the residential use and the conflicting land uses.

b.

One tree for each 20 feet lineal, or fraction thereof, located between the residential use and adjacent conflicting land use, located so as not to create a vehicular sight-distance obstruction.

c.

Between conflicting land uses, a hedge or other plant material barrier, wall, berm, or any combination of these landscape elements shall be planted to form a continuous screen at least six feet in height at all points. If a nonliving barrier is used, living plant material will be required on both sides of the screen. The screen shall be located so as not to create a vehicular sight-distance obstruction and shall be a minimum of 20 feet from driveway intersections.

d.

Grass ground cover, gravel, or wood chips shall be established and maintained on all portions of the required landscape strip not occupied by any other landscape material.

e.

The landscape buffer shall be planted in such a manner as to provide a minimum opacity (visual restriction) of 80 percent in summer and 60 percent in winter.

f.

A minimum landscape strip of ten feet shall be maintained between roads and interior parking areas or driving lanes.

(e)

Parking lot landscaping. Each separate landscaped area within a parking lot shall be adequately planted and maintained and shall be located in such a manner to promote the following:

(1)

Divide and break up expanse of pavement.

(2)

Designate vehicular circulation.

(3)

Separate parking lots from adjoining uses.

(4)

Separate landscape areas shall be provided within parking lots in accordance with the following requirements:

a.

The minimum landscaped space surrounding parking areas shall be 50 square feet per parking space. Right-of-way areas and retention ponds shall not be included within the required landscape area. For parking lots containing over 20 spaces, there shall be one tree for every ten parking spaces in all areas submitted for site plan review.

b.

Landscaping shall be arranged in curbed islands within the parking lot that shall not be less than 50 square feet in area.

c.

A minimum of three feet shall be established from the backside of the curb or planting edge to the center of the trunk of the proposed tree or shrub. Where vehicles overhang a landscape island or strip, a minimum distance of five feet from the backside of the curb and the proposed landscape plantings shall be provided. Narrow strips of landscaping incorporated within parking lots should contain sufficient landscaping and landscape buffering to soften large expanses of paved or gravel surfaces.

d.

The city, at its discretion, may approve alternative landscape plantings at the perimeter of parking lots where landscaping within parking lots would be impractical due to the size of the parking lot or detrimental to safe and efficient traffic flow, or would create an unreasonable burden for maintenance and snowplowing.

(5)

A greenbelt, equal to the depth of the minimum required front yard setback within a zoning district, shall be landscaped in accordance with the following requirements:

a.

The greenbelt shall be landscaped with a minimum of one tree for every 30 lineal feet, or fraction thereof, of frontage abutting a public street right-of-way. Nonornamental deciduous trees within a greenbelt shall be a minimum caliper of 2½ inches or greater. Evergreen trees within a greenbelt shall be in accordance with the list of recommended plant species (chart 1 in subsection (k) of this section).

b.

If ornamental deciduous trees are substituted for either nonornamental deciduous trees or evergreen trees, they shall be provided at a minimum of one tree for every 20 lineal feet, or fraction thereof, of frontage abutting a public street right-of-way. Ornamental deciduous trees within a greenbelt shall be in accordance with the list of recommended plant species (chart 1 in subsection (k) of this section).

c.

In addition to the required trees within the greenbelt, the remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs and other natural landscape materials.

d.

Access drives from public rights-of-way through required greenbelts shall be permitted, but such drives shall not be subtracted from the lineal dimension used to determine the minimum number of trees required.

(f)

Site landscaping. In addition to any landscape greenbelt and/or parking lot landscaping required by this section, ten percent of the site area, excluding existing public rights-of-way, shall be landscaped. Such site area landscaping may include a combination of the preservation of existing tree cover, planting of new trees and plant material, landscape plazas and gardens and building foundation planting beds. Site area landscaping shall be provided to screen potentially objectionable site features such as, but not limited to, retention/detention ponds, transformer pads, air-conditioning units, and loading areas.

(g)

Subdivision and site condominium landscaping. Landscaping for single-family residential subdivisions and site condominiums shall be provided in accordance with the following requirements:

(1)

Street trees. The frontage of all internal public or private streets shall be landscaped with a minimum of one tree for every 50 lineal feet or fraction thereof. Such street trees shall meet the minimum size and spacing requirements set forth in subsection (k) of this section.

(2)

Screening between land uses. Where a subdivision or site condominium contain uses which are defined as conflicting land uses by this section, the screening requirements set forth in subsection (d) of this section shall be met.

(3)

Screening from public roads. Where a subdivision or site condominium abuts a public street right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in subsection (d) of this section shall be met.

(4)

Other site improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, stormwater retention and/or detention areas, community buildings and other recreational areas, and any other site improvement that would be enhanced through the addition of landscaping.

(h)

Screening of trash containers.

(1)

Outside trash disposal containers, other than one and two family residential districts, shall be screened on all sides with an opaque fence or wall, and gate at least as high as the container, but no less than six feet in height, and shall be constructed of material that is compatible with the architectural materials used in the site development.

(2)

Containers shall be consolidated to minimize the number of collection sites, and located so as to reasonably equalize the distance from the buildings they serve.

(3)

Containers and enclosures shall be located away from public view insofar as possible.

(4)

Containers and enclosures shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.

(5)

Concrete pads of appropriate size and construction shall be provided for containers or groups of containers having a capacity of six 30-gallon cans or more. Aprons shall be provided for loading of bins with a capacity of 1½ cubic yards or more.

(6)

For storage of recyclable materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.

(7)

Screening and gates shall be of a durable construction.

(8)

Location of dumpster shall be 15 feet from any building or lot line unless approved by planning commission.

(i)

Landscape elements. The following minimum standards shall apply:

(1)

Quality. Plant materials and grasses shall be of generally acceptable varieties and species, be free from insects and diseases, be hardy to the county, conform to the current minimum standards of the American Association of Nurserymen, and have proof of any required governmental regulations and/or inspections.

(2)

Composition. A mixture of plant material, such as evergreen and deciduous trees and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement.

(3)

Berms. Berms shall be constructed with slopes not to exceed a 1:3 gradient. Berm slopes shall be protected with sod, seed, or other form of natural ground cover.

(4)

Existing trees. The preservation and incorporation of existing trees is encouraged. Where existing trees are used to satisfy the requirements of this article, the following requirements shall apply:

a.

Paving or other site improvements shall not encroach upon the drip line of the existing tree or trees to be preserved.

b.

If existing plant material is labeled "to remain" on site plans by the applicant or required by the city, protective techniques, such as, but not limited to, fencing or barriers placed at the drip line around the perimeter of the plant material, shall be installed during construction. No vehicle or other construction equipment shall be parked or stored within the drip line of any plant material intended to be saved. Other protective techniques may be used provided such techniques are approved by the city.

c.

In the event that healthy trees which are used to meet the minimum requirements of this chapter or those labeled to remain are cut down, destroyed, damaged, or excavated at the drip line, as determined by the city, the contractor shall replace them with trees which meet the requirements of this article.

(j)

Installation, maintenance, and completion.

(1)

All landscaping required by this chapter shall be planted before obtaining a certificate of occupancy or the appropriate financial guarantee, as set forth in this chapter, and shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.

(2)

All landscaping and landscape elements shall be planted, and earth moving or grading performed, in a sound workmanlike manner according to accepted planting and grading procedures.

(3)

The owner of property required to be landscaped by this chapter shall maintain such landscaping in a strong and healthy condition, and free from refuse, debris and insects. All materials used to satisfy the requirements of this chapter which become unhealthy or dead shall be replaced within one year of damage or death or the next appropriate planting period, whichever comes first. All landscaped areas shall be provided with a readily available and acceptable water supply.

(k)

Minimum size and spacing requirements. Where landscaping is required, the following schedule sets forth minimum size and spacing requirements for representative landscape materials:

List of Recommended Plant Species—Trees

List of Recommended Plant Species—Shrubs

(Ord. No. 691, § 1(32-162), 5-4-2005)

(a)

Smoke and air contaminants. It shall be unlawful for any person, firm, or corporation to permit the emission of any smoke or air contaminant in violation of air quality standards adopted by federal and/or state regulatory authorities.

(b)

Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor. The provisions of this section are not intended to apply to farming activities.

(c)

Dust, dirt, and fly ash. No person, firm, or corporation shall operate, maintain, or cause to be operated or maintained any process, for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels without maintaining and operating, while using said process or furnace or combustion device, recognized and approved equipment, means, method, device or contrivance to reduce the quantity of gasborne or airborne solids or fumes emitted into the open air, which is operated in conjunction with said process, furnace, or combustion device so that the quantity of gasborne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.

(d)

Method of measurement. For the purpose of determining the adequacy of such devices, these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50 percent at full load. The foregoing requirements shall be measured by the ASME Test Code for dust-separating apparatus. All other forms of dust, dirt, and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The building inspector may require such additional data is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt, and fly ash have been made.

(e)

Gases. The escape or emission of any gas which is injurious, destructive, harmful to person or property, or explosive shall be unlawful and shall be abated.

(f)

Fire and explosive hazards. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with the state rules and regulations as established by Public Act No. 207 of 1941 (MCL 29.1 et seq.), as amended.

(Ord. No. 691, § 1(32-163), 5-4-2005)

(a)

The emission of measurable noises from the premises shall not exceed 65 decibels, as measured at the boundary or property lines, except that where normal street traffic noises exceed 65 decibels during such periods, the measurable noise emanating from the premises may equal, but shall not exceed, such traffic noises. Within the LI and GI districts, sound levels not exceeding 75 decibels may be permitted.

(b)

In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, even if falling below the aforementioned decibel readings, shall be so controlled so as not to become a nuisance to adjacent uses. This shall particularly apply to loading and unloading areas in commercial or industrial districts adjacent to residential districts. Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

(c)

Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

(Ord. No. 691, § 1(32-164), 5-4-2005)

(a)

Light and glare from indirect sources.

(1)

Glare from any process, such as or similar to arc welding or acetylene torch cutting, which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines. Radioactive materials and wastes, including electromagnetic radiation such as X-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.

(2)

The design and/or screening of the development shall ensure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property, particularly residential property.

(3)

Exterior doors shall be located, operated, and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.

(b)

Exterior lighting from direct sources.

(1)

Subject to the provisions set forth herein and as included in section 60-209, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas.

(2)

Exterior lighting shall be located and maintained to prevent the reflection and glare of light in a manner that created a nuisance or safety hazard to operators of motor vehicles, pedestrians and neighboring land uses. This provision is not intended to apply to public street lighting.

(3)

Glare from automobile headlights or commercial or industrial vehicle headlights shall not be directed into any adjacent property so as to become a nuisance.

(4)

In nonresidential areas, exterior lighting shall be installed so that the source of light shall not be visible from any residential dwelling and shall be so arranged as far as practical to reflect light away from the residential use. In no case shall more than one footcandle of light cross a lot line five feet above the ground into a residential district.

(5)

The following additional standards shall apply:

a.

Only white, nonglare lighting such as metal halide, color-corrected high pressure sodium, or other types of lighting which achieve the same effect shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists.

b.

The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated. Light intensity shall average a minimum 0.5 footcandle over the entire area, measured five feet above the surface. Not more than one footcandle shall be allowed at the property line.

c.

Except as noted below, lighting fixtures shall not exceed a height of 20 feet.

d.

All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of such lighting upon adjacent properties and traffic safety. Building or roof mounted lighting intended to attract attention to the building and/or use and not strictly designed for security purpose is not permitted. Temporary holiday lighting and decorations are exempt from the aforementioned provision.

(Ord. No. 691, § 1(32-165), 5-4-2005)

Existing hazards or potential hazards and nuisances, such as construction sites, junkyards, landfills, sanitary landfills, demolition sites, unused basements, abandoned wells or cisterns, and sand, gravel, and stone pits or piles are to be enclosed by suitable fencing or barriers, in accordance with section 60-184, so as not to endanger public health, safety and welfare.

(Ord. No. 691, § 1(32-166), 5-4-2005)

All developments and earth changes subject to review under the requirements of this chapter shall be designed, constructed, and maintained to prevent flooding and protect water quality. The particular facilities and measures required on-site shall reflect the natural features, wetlands, and watercourses on the site, the potential for on-site and off-site flooding, water pollution, and erosion, and the size of the site.

(1)

Stormwater management. Stormwater management shall comply with the following standards:

a.

The design of storm sewers, detention facilities, and other stormwater management facilities shall comply with the standards of the city.

b.

Stormwater management conveyance, storage and infiltration measures and facilities shall be designed to prevent flood hazards and water pollution related to stormwater runoff and soil erosion from the proposed development.

c.

The use of swales and vegetated buffer strips is encouraged in cases where the planning commission deems to be safe and otherwise appropriate as a method of stormwater conveyance so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants.

d.

Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downstream property owners.

e.

Discharge of runoff from any site that may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the MDEQ; such a proposal shall be submitted and reviewed by the city engineer, with consultation of appropriate experts.

f.

Drainage systems shall be designed to protect public health and safety and to be visually attractive.

(2)

On-site stormwater detention. For the purpose of controlling drainage to off-site properties and drainageways, all which are developed under this chapter, whether new or improved, shall provide for on-site detention storage of stormwater in accordance with the current city standards.

(Ord. No. 691, § 1(32-167), 5-4-2005)

State Law reference— Soil erosion and sedimentation control, MCL 324.9101 et seq.; soil conservation districts law, MCL 324.9301 et seq.

(a)

Purpose.

(1)

The floodplains of the city are subject to periodic inundation of floodwaters that result in loss of property, health, and safety hazards, disruption of commerce and governmental service, and impairment of tax base.

(2)

It is the purpose of this section to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accordance with the National Flood Insurance Act of 1968, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency (FEMA), as published in the Federal Register, vol. 41, no. 207, October 26, 1976, and re-designated at 44FR 31177, May 31, 1979.

(3)

The provisions of this section are intended to:

a.

Help protect human life, prevent or minimize material losses, and reduce the cost to the public for rescue and relief efforts;

b.

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause excessive increases in flood heights or velocities;

c.

Require that uses vulnerable to floods, including public facilities that serve such uses, shall be protected against flood damage at the time of initial construction;

d.

Protect individuals from buying lands that are designated to be unsuited for intended purposes because of flooding;

e.

Permit reasonable economic use of property located within a designated floodplain area.

(b)

Delineation of floodplain areas.

(1)

The boundaries of the floodplain areas are identified in the report entitled, "Flood Insurance Study" of the city prepared by FEMA with an effective date of June 2, 1994, identification number 2601000001C, as may be revised from time to time. The study and accompanying maps are adopted by reference, appended, and declared to be part of this chapter.

(2)

The standard applied to establishing the floodplain area is the base floodplain delineated by the base flood. In areas associated with flooding, a floodway is designated within the floodplain area.

(c)

Application of regulations.

(1)

In addition to other requirements of this chapter applicable to development within a floodplain, compliance with the requirements of this section shall be necessary for all development occurring within designated floodplain areas. Conflicts between the requirements of this section and other requirements of this chapter or any other chapter shall be resolved in favor of this section, except where the conflicting requirement is more stringent and would further the objectives of this section. In such cases, the more stringent requirement shall be applied.

(2)

The issuance of a land use permit within the floodplain area shall comply with the following standards:

a.

The requirements of this section shall be met;

b.

The requirement of the underlying districts and all other applicable provisions of this chapter shall be met; and

c.

All necessary development permits shall have been issued by appropriate local state and federal authorities, including a floodplain permit, approval, or letter of authority from the MDEQ under authority of part 31, water resources protection floodplain regulatory authority and the Natural Resources and Environmental Protection Act of 1994, Public Act No. 451 (MCL 324.3101 et seq.), as amended. Where a development permit cannot be issued prior to the issuance of a zoning compliance permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

(3)

All records and maps pertaining to the National Flood Insurance Program shall be maintained in the office of the zoning administrator or enforcing officer and shall be open for public inspection.

(d)

Floodplain standard and requirements.

(1)

The following general standards and requirements shall be applied to all uses proposed to be located within the floodplain area:

a.

All new construction and substantial improvements within a floodplain, including the placement of prefabricated buildings and mobile homes, shall:

1.

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

2.

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

3.

Be constructed by methods and practices that minimize flood damage.

b.

All new and replacement water supply systems shall minimize or eliminate infiltration of floodwaters into the systems.

c.

All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of floodwaters into the systems and discharges from systems into floodwaters.

d.

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

e.

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

f.

The city engineer or his representative shall review development proposals to determine compliance with the standards in this section, and shall transmit his determination to the zoning administrator or enforcing officer.

g.

Land shall not be divided in a manner creating parcels or lots that cannot be used in conformance with the requirements of this article.

h.

The flood carrying capacity of any altered or relocated watercourse not subject to state and federal regulations designed to insure flood carrying capacity shall be maintained.

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 FEMA shall take precedence over data from other sources.

j.

New residential structures in a flood risk area shall be elevated so that the lowest portion of all horizontal structural members which support floors, excluding footings, pile caps, piling, nonstructural slabs, girders, and grade beams, is located at or above the 100-year flood elevation. All basement floor surfaces shall be located at or above the 100-year flood elevation. New and replacement electrical wiring and equipment and heating, ventilating, air conditioning, and other service facilities shall be either placed above the 100-year flood elevation or be protected so as to prevent water from entering or accumulating within the system components during floods up to the 100-year elevation. Duct insulation subject to water damage shall not be installed below the 100-year elevation.

(2)

The following specific standards shall be applied to all uses proposed to be located within the floodplain area but not within the floodway portion of the floodplain area.

a.

All new construction and substantial improvements of nonresidential structures shall either:

1.

Meet the requirements of new residential structures as provided for in section 60-156; or

2.

Together with attendant utility and sanitary facilities, be certified by a professional engineer or architect to have been designed so that, below the elevation defining the flood risk area, the structure is watertight and able to withstand hydrostatic pressures from a water level equal to the elevation defining the flood risk area. All floor and wall penetrations for plumbing, mechanical, and electrical systems shall be made watertight to prevent floodwater seepage or shall be provided with shutoff valves or closure devices to prevent backwater flow during flooding.

(3)

The following general standards and requirements shall be applied to mobile homes located within floodplain areas:

a.

Anchoring must meet HUD specifications, per rule 605.

b.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the county sheriff department for mobile home parks and mobile home subdivisions.

c.

Mobile homes within the 100-year floodplain as designated on the flood insurance rate map shall be located in accord with the following standards:

1.

All mobile homes shall be placed on stands or lots which 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 away from all structures and access for a mobile home hauler shall be provided.

3.

In the instance of elevation on pilings, lots shall be large enough to permit steps, piling foundations shall be placed in stable soil no more than ten feet apart, and reinforcement shall be provided for piers more than six feet above ground level.

4.

In mobile home parks and mobile home subdivisions which exist at the time this subsection is adopted, where repair, reconstruction or improvement of streets, utilities, and pads equals or exceeds 50 percent of the value of the streets, utilities, and pads before the repair, the standards in the subsections above shall be complied with.

d.

The following standards shall be applied to all uses proposed to be located within the floodway portion of the floodplain area:

1.

Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited. Exception to this prohibition shall only be made upon certification by a registered professional engineer or the department of natural resources that the development proposed will not result in any increases in flood levels during a base flood discharge, and compliance with Public Act No. 245 of 1929, as amended by Public Act No. 167 of 1968.

2.

The placement of mobile homes shall be prohibited.

3.

The uses of land permitted in an underlying zoning district shall not be construed as being permitted within the regulatory floodway, except upon compliance with the provisions of this section.

(e)

Warning and disclaimer of liability.

(1)

The degree of flood protection required by provisions of this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions.

(2)

These provisions do not imply that areas outside the floodplain or land uses permitted within such districts will be free from flooding or flood damages nor shall the city or any officer or employee thereof is liable for any flood damages that result from reliance on the provisions of this section or any administrative decision lawfully made thereunder.

(Ord. No. 691, § 1(32-168), 5-4-2005)

State Law reference— Building and construction in floodplain, MCL 324.3108; subdivision within or abutting floodplain, plat requirements, MCL 560.138; subdivision within floodplain, conditions for approval, MCL 560.194.