(a)

Intent. It is the intent of this article to promote the public health, safety, and welfare of the residents of the township; protect the use of property and lands in accordance with their potential flood damage; and to reduce hazards to life and property. The regulations are adopted under the combined authority of Public Act No. 246 of 1945 (MCL 41.181 et seq.), as well as part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.) on water resources protection.

(b)

Regulations. The regulations are based on these findings of fact:

(1)

The flood hazard areas of the township are subject to periodic inundation which could result in potential loss of life, 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 would adversely affect the public health, safety and general welfare.

(2)

These potential flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise protected from flood damages.

(Ord. of 5-30-2000, § 801)

(a)

In accordance with the purpose and facts, the objectives of this article are:

(1)

To protect human life and health;

(2)

To minimize expenditure of public money for costly flood control projects;

(3)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

To minimize prolonged business interruptions;

(5)

To minimize damage to public facilities and utilities such as water, sewer and gas mains, electric and telephone lines, streets and bridges located in floodplains;

(6)

To help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and,

(7)

To provide a means whereby potential homebuyers are notified that property is in a flood area.

(b)

These objectives are accomplished by provisions designed to:

(1)

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities;

(2)

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

(3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(4)

Control filling, grading, dredging and other development which may increase erosion or flood damage; and

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(Ord. of 5-30-2000, § 802)

For application of the complex and technical considerations essential for flood damage prevention, the following specifically and precisely defined terms are provided. All other words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give the chapter its most reasonable application.

Appeal means a request for a review of the zoning administrator's interpretation of any provision of this chapter or a request for a variance.

Applicant is the owner, agent or legal representative of property for which and by whom an application for development is made.

Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, building or other structure, mining, dredging, filling, grading, paving, excavation or drilling operations.

Existing mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance from which the chapter is derived.

Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland waters;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood boundary-floodway map is the official map on which the federal emergency management agency has delineated the area of special flood hazard and the floodway.

Flood insurance rate map (FIRM) means an official map of the township on which the federal emergency management agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study is the official report provided by the federal emergency management agency. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floodproofing means those construction standards identified in the floodproofing regulations, publication #EP-1165-2-314, U.S. Army Corps of Engineer's publication.

Habitable floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

Mean sea level means the average height of the sea for all stages of the tide.

Mobile home. See section 66-32.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this chapter is derived.

New mobile home park or mobile home subdivision means a parcel, or contiguous parcels, of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed, including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets, is completed on or after the effective date of the ordinance from which this chapter is derived.

Start of construction means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the term "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation.

Structure means a walled and roofed building that is principally above ground, as well as a mobile home.

Substantial improvement.

(1)

The term "substantial improvement" means, for a structure built prior to the enactment of the ordinance from which this chapter is derived, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a.

Before the improvement or repair is started; or

b.

If the structure has been damaged and is being restored, before the damage occurred.

For the purpose of this definition the term "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.

(2)

The term does not, however, include either:

a.

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

b.

Any alteration of a structure listed on the national register of historic places or a state inventory of historic places.

Variance is a grant of relief to a person from the requirements of this chapter, which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.

(Ord. of 5-30-2000, § 803)

The following general provisions apply to this article, insofar as they apply to flood protection. They may or may not apply to other aspects of zoning regulation provided elsewhere in the chapter. Accordingly, these provisions are to be utilized only for the flood protection regulations of this article and not for all other regulations of this chapter.

(1)

Lands to which this article applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the township.

(2)

Basis for establishing the areas of special flood hazard.

a.

The areas of special flood hazard identified by the federal emergency management agency through a scientific and engineering report entitled "The Flood Insurance Study for the Township of Carrollton," effective October 16, 1997 for all Saginaw County jurisdictions, with accompanying flood insurance rate maps and flood boundary and floodway maps effective October 16, 1997, with the panel numbers 26145COO8OD, 26145COO85D, and 26145C1NDO, and any revision thereto are hereby adopted by reference and declared to be a part of this article.

b.

Flood hazard areas additional to those areas described in the flood insurance study may exist in the township. The location of these areas shall be designated by the building inspector upon determination by the township engineer.

(3)

Establishment of development permit. A development permit shall be required in conformance with the provisions of this article. Application for such a permit shall be on forms furnished by the zoning administrator. The applicant shall supply all information on the form.

(4)

Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without compliance with the terms of this article and other applicable regulations.

(5)

Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the jurisdiction of the community adopting this section.

(6)

Warning and disclaimer of liability.

a.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.

b.

Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes.

c.

This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.

d.

This article shall not create liability on the part of the township or by any officer or employee thereof for any flood damage that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. of 5-30-2000, § 804; Ord. No. 2020-03, § I, 9-28-2020)

(a)

This section identifies the administrative duties and responsibilities for administering the provisions of this chapter. The administrator shall be determined by the township board of trustees. While the zoning administrator normally shall be appointed to implement this chapter, it may be any official designated by the board of trustees, but is hereafter referred to as zoning administrator.

(1)

The zoning administrator designated. The zoning administrator for flood damage protection shall be designated as the township zoning administrator or such other official designated by the board of trustees.

(2)

Duties and responsibilities of the zoning administrator. Duties of the zoning administrator shall include, but not be limited to the following:

a.

Review all development permits to assure that the permit requirements of this article have been satisfied;

b.

Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits, or a letter of no authority, be provided and maintained on file with the development permit;

c.

Notify adjacent communities and the state flood control coordinator at the state development office prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency. Require that maintenance is provided within the altered or relocated portions of said watercourse so that the flood carrying capacity is not diminished;

d.

Verify through acceptance of applicant's engineering certificate, the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and retain as building department record. When the base flood elevation data has not been provided in accordance with this section, the zoning administrator shall obtain, review and reasonably utilize any base flood elevation data available from federal, state or other source in order to administer this article;

e.

Verify through acceptance of applicant's engineering certificate, the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed and retain as a township record;

f.

When floodproofing is utilized for a particular nonresidential structure, the zoning administrator shall obtain certification from a registered professional engineer or architect;

g.

Floodproofing standards for construction in special flood hazard areas are identified as: "Floodproofing regulations," publication #EP-1165-2-314, U.S. Army Corps of Engineer's publication;

h.

Where interpretation is needed as to the location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the zoning administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section;

i.

Where applicant seeks to substitute construction standards required and referenced by this article, the applicant may file with the construction board of appeals for relief; and

j.

All records pertaining to the provisions of this article shall be maintained in the office of the zoning administrator and shall be open for public inspection.

(3)

Permit procedures. Application for a development permit shall be made to the zoning administrator on forms furnished by him and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structure, fill storage of materials; drainage facilities, and the location of the foregoing. Specifically, the following information is required:

a.

Elevation in reflection to mean sea level of the lowest floor (including basement) of all structures;

b.

Elevation in relation to mean sea level to which any nonresidential structure has been floodproofed;

c.

Provide a certificate from a registered professional engineer or architect that the nonresidential floodproofing criteria in section 66-248(2)c;

d.

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;

e.

Base flood elevation data where the proposed development is subject to Public Act No. 288 of 1967 (MCL 560.101 et seq.) or greater than five acres in size; and

f.

Additional information, which may be reasonably necessary to determine compliance with the provisions of this chapter.

(4)

Criteria for review of applications. Based on the applicant's information, the zoning administrator shall review the application as follows:

a.

Determine if area is potentially in special flood hazard area.

b.

Obtain the base flood elevation from the flood profile in the flood insurance study.

c.

Obtain information on the ground elevation at the building site as reference from subsection (3) of this section.

d.

Compare base flood and building site elevation and determine if it is in or near a special flood hazard area based on the criterion in section 66-246(2).

e.

Using his best judgment, determine if area is in or near flood area; and if so, send applicant to MDEQ for a permit.

f.

Check to see if the project needs a permit from another agency as stated in section 66-246(2)b.

g.

Check for hazardous buoyant or polluting material prohibited by the article.

h.

Check building plan for compliance with the article.

i.

Check the application for completeness and make sure the site drawing has everything required by the article as referenced in subsection (3) of this section.

j.

If applicant meets all the requirements, issue a permit. If not, he shall inform applicant that the permit must be denied until the problem is corrected.

k.

Make an inspection before any filling or placement of obstruction is done.

l.

Make an inspection when the filling is completed or the first floor is ready to be begun.

m.

Make a final inspection when the project is completed. If project has been completed according to approved plans, he shall issue a certificate of occupancy.

(5)

Procedures for variances. Requests for variances shall be considered as follows:

a.

The zoning board of appeals as established by the township shall hear and decide appeals and requests for variances from the requirements of this chapter.

b.

The board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building inspector in the enforcement or administration of this article.

c.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state register of historic places without regard to the procedures set forth in the remainder of this section.

d.

In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this chapter.

(6)

Evaluation criteria. The following evaluation criteria shall be considered in the administration and procedures for variances:

a.

The danger that materials may be swept onto other lands to the injury of others;

b.

The danger to life and property due to flooding or erosion damage;

c.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d.

The importance of the services provided by the proposed facility to the community;

e.

The necessity to the facility of a waterfront location, where applicable;

f.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

g.

The compatibility of the proposed use with existing and anticipated development;

h.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

j.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

k.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; and

l.

Statement of approval by the township planning commission shall be required on property under their jurisdiction.

(7)

Stipulations on criterion. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed above the base flood level, providing items in subsections (6)a. through (6)l. of this section have been fully considered. Variance procedures are found in the codes and Appendix G. NFIP requirements for variances are listed in 44 CFR 60.6. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

a.

Upon consideration of the factors listed above and the purposes of this article, the zoning board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

b.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c.

Condition for variances:

1.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

2.

Variances shall only be issued upon:

(i)

A showing of good and sufficient cause;

(ii)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(iii)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or chapters.

3.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

4.

The building inspector shall maintain the records of appeal actions and report any variances to the federal emergency management agency upon request.

(Ord. of 5-30-2000, § 805; Ord. No. 2020-03, § I, 9-28-2020)

In order to reduce the potential for flood hazards, both general standards and specific standards are provided below:

(1)

General standards. In all areas of special flood hazard, the following provisions are required:

a.

Construction and substantial improvements.

1.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

2.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

3.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

b.

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

c.

New and replacement sanitary sewer systems. New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

d.

On-site waste disposal systems. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

e.

Start of construction begun after the effective date of this provision. Any alteration, repair, reconstruction, or improvements to a structure on which the start of construction was begun after the effective date of this ordinance from which this chapter is derived from, shall meet the requirements of "new construction" as contained in this article.

(2)

Specific standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in section 66-246(2) or section 66-247(2), on the following provisions are required:

a.

Residential construction. New construction or substantial improvement of any residential structural shall have the lowest floor including basement, elevated at least one foot above base flood elevation.

b.

Mobile homes. No mobile home shall be placed in a floodway or high hazard area. Mobile homes shall be elevated at least one foot above base flood elevation. All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

1.

Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less 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; and

4.

Any additions to the mobile home shall be similarly anchored.

c.

New mobile home parks and subdivisions. For new mobile home parks and subdivisions; for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or subdivision require:

1.

Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at least one foot 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:

(i)

Lots are large enough to permit steps;

(ii)

Pilings foundations are placed in stable soil no more than ten feet apart; and

(iii)

Reinforcement is provided for pilings more than six feet above the ground level.

d.

Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities. Type 3 and 4 buildings must be elevated at least one foot above the 500-year floodplain. Only the underfloor spaces can be floodproofed. The base flood level of the structure must be 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 subsection are satisfied. Such certification shall be provided to the official as set forth in section 66-247(3)c.

e.

Floodways. Located within areas of special flood hazard established in section 66-246(2) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectile and erosion potential, the following provisions shall apply:

1.

Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base discharge.

2.

If subsection (2)e(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

3.

Prohibit the placement of any mobile homes, except in an existing mobile home park.

(3)

Standards for subdivision proposals. The following standards shall be adhered to in consideration of proposals for subdivisions:

a.

All subdivision proposals shall be consistent with the need to minimize flood damage.

b.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage.

c.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(Ord. of 5-30-2000, § 806; Ord. No. 2020-03, § I, 9-28-2020)

(a)

Agency designated. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the Zoning Administrator or Building Inspector of the Township of Carrollton is hereby designated as the enforcing agency to discharge the responsibility of the Township of Carrollton under Act 230, of the Public Acts of 1972, as amended, State of Michigan. The Township of Carrollton assumes responsibility for the administration and enforcement of said Act throughout the corporate limits of the community adopting this section.

(b)

Code appendix enforced. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency within the jurisdiction of the community adopting this section.

(c)

Designation of regulated flood prone hazard areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled " Flood Insurance Study for Saginaw County, All Jurisdictions" and dated August 15, 2023 and the Flood Insurance Rate Map(s) (FIRMs) panel numbers included on Index Panels 26145CIND1A and 26145CIND2A, effective August 15, 2023 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.

(Ord. No. 2020-04, § I, 9-28-2020; Ord. No. 2023-01, § 1, 4-10-2023)