(A)   It is the purpose of the Conservancy District to protect the natural resources of the city by application of special regulations for the use of land which may be subject to periodic inundation at predictable intervals, which may be subject to soil erosion, or which may be particularly suited to provide for the impoundment of waters for the purpose of stormwater control or groundwater recharge. Regulations, while permitting reasonable economic use of such land, will help to protect the public health, public safety and general welfare, and will reduce the financial burdens imposed upon the community which may result from the improper use of land. All lands included in the district shall be subject to the terms imposed in this article addition to the terms imposed by any other district in which such lands may be located.

   (B)   Areas having excessively high water table or valuable impoundment potential shall be determined by the City Council upon the advice of an engineer or any other professional retained by the city who is competent in the field of water resources or hydrology.

(1993 Code, § 82-306) (Ord. passed 10-12-1992)

   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

   CUT. A portion of land surface or area from which earth has been removed or will be removed by excavation; CUT also means the depth below original ground surface to excavated surface.

   DEBRIS BASIN. A barrier or dam built across a waterway or other suitable locations to retain rock, sand, gravel or silt or other materials.

   DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

   DIVERSION. A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.

   EMBANKMENT. A manmade deposit of soil, rock or other materials.

   EROSION. The wearing away of the land surface by the action of wind, water or gravity.

   FLOODPLAIN. For the purpose of this chapter, means all the land which was or would be inundated during the intermediate regional flood as designated by the Federal Emergency Management Agency with maps under community panel numbers 260065-0001 and -0002, or by the State Water Resources Commission.

   GRADING. Any stripping, cutting, filling, or stockpiling, or any combination thereof, and shall include the land in its cut or filled condition.

   GRADING PERMIT. A permit issued to authorize grading under the City Building Code.

   GRASSED WATERWAY. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site features.

   MULCHING. The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.

   NATURAL GROUND SURFACE. The ground surface in its original state before any grading, excavation or filling.

   REGULATORY FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discourage the base flood without cumulatively increasing the water surface elevation more than a designated height.

   SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

   SEDIMENT POOL. The reservoir space allotted to the accumulation of submerged sediment during the life of the debris basin.

   SLOPE. The degree of deviation of a surface from the horizontal, usually expressed in percent or degree.

   SOIL. All unconsolidated material and organic material of whatever origin that overlies bedrock which can be readily excavated.

   SOIL ENGINEER. A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering.

   STRIPPING. Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations.

   STRUCTURAL ROCK FILLS. Fills constructed predominantly of rock materials for the purpose of supporting structures.

   TEMPORARY PROTECTION. Stabilization of erosive or sediment producing areas.

   VEGETATIVE PROTECTION. Stabilization of erosive or sediment producing areas by covering the soil with:

      (1)   Permanent seeding, producing long- term vegetative cover;

      (2)   Short-term seeding, producing temporary vegetative cover; or

      (3)   Sodding, producing areas covered with a turf of perennial sod-forming grass.

   WATERCOURSE. Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

(1993 Code, § 82-307) (Ord. passed 10-12-1992)

   The following uses are permitted by right in floodplain or groundwater recharge areas.

      (1)   Recreation uses. Parks, playgrounds, playfields, bridle paths, nature trails, natural wildlife preserves, and similar uses. Land owned by the developer of multiple housing or of a planned unit development in the conservancy district may be used to provide the necessary open space required under the provisions of this chapter.

      (2)   Golf courses. In accordance with the requirements of § 82-108(6) of this chapter.

      (3)   Agricultural operations. In accordance with the requirements of § 82-107(2) of this chapter.

      (4)   Utilities, roads, railroads, dams, structures for recreation uses. When designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety or welfare.

(1993 Code, § 82-308) (Ord. passed 10-12-1992)

   In all areas, except floodplain or groundwater recharge areas, uses permitted shall be regulated by the requirements of the particular zoning district affecting the property. Any other requirements of the Conservancy District, including those regarding soil erosion, shall apply.

(1993 Code, § 82-309) (Ord. passed 10-12-1992)

   Provided such uses shall not in the opinion of the Planning Commission be adverse to the purpose of this section or damaging to the public health, safety or welfare, or impose a financial burden upon the community, the following uses may be permitted by issuance of a special use permit in accordance with §§ 82-56 et seq., and any other requirements stipulated in this chapter. In no case, however, shall encroachments in the floodway be allowed which would cause any increase in base flood elevations.

      (1)   Dumping or backfilling with any material in any manner. In the case where a floodplain area has no groundwater recharge or impoundment, potential filling may occur through compensating excavation and shaping of the floodplain in such a way so as to maintain or improve the flow or natural impoundment capacity of the floodplain. In no case shall the flow or impoundment capacity of the floodplain be reduced.

      (2)   Uses permitted in the zoning district in which the property is located, except cemeteries, provided that any building constructed in the floodplain shall have a minimum ground floor elevation including basement of not less than 1 foot above the elevation of the floodplain and provided that construction shall not impede the flow in the watercourse.

(1993 Code, § 82-310) (Ord. passed 10-12-1992)

   In addition to the requirements of §§ 82-56 et seq., the applicant for a special use permit in the C Conservancy District shall submit the following.

      (1)   A letter of approval from the State Water Resources Commission if the floodplain is affected.

      (2)   A location map, including existing topographic data at 2-foot interval contours.

      (3)   A map showing proposed grading and drainage plans, including the location of all public drainage easements, the limits and extent of the proposed fill, excavation and occupation.

      (4)   A statement from the County Drain Commissioner indicating that he has reviewed and approved the plans.

      (5)   A statement from the County Health Department indicating that it has reviewed and approved the plans.

      (6)   A statement from an engineer of the city's choice concerning feasibility of the plans and his approval.

      (7)   Any other information requested by the Planning Commission.

(1993 Code, § 82-311) (Ord. passed 10-12-1992)

   In no case shall any permanent structure be erected closer than 50 feet to the bank of Battle Creek or Butternut Creek River or to the center of any county or township drain. The bank of the Battle Creek or Butternut Creek River shall be determined by legal survey. The center of public drainage ways shall be determined from legal descriptions which are of public record.

(1993 Code, § 82-312) (Ord. passed 10-12-1992)

   Any development in the city shall comply with the standards and specifications for soil erosion and sediment control as adopted by the Thornapple Grand Soil Conservation District on April 15, 1974.

      (1)   Compliance. No site plan, except for single-family residential structures which must meet standards approved for the plat, shall be approved unless it includes soil erosion and sediment control measures in accordance with the technical standards of the Thornapple Grand Soil Conservation District. No certificate of occupancy of any building may be granted unless and until all needed erosion control measures have been completed or substantially provided for in accordance with this chapter and the standards and specifications of the Thornapple Grand Soil Conservation District. The developer shall bear the full responsibility for the installation and construction of all required erosion control measures according to the provisions of this chapter and to the standards and specifications of the Thornapple Grand Soil Conservation District.

      (2)   Data required. The developer must submit the following for the entire tract of land, whether or not the tract will be developed in stages:

         (a)   A boundary line survey of the site on which the work is to be performed;

         (b)   Description of the features, existing and proposed, surrounding the site of importance to the proposed development;

         (c)   General soil conditions on the site available from the City Building Department or the Thornapple Grand Soil Conservation District;

         (d)   Location and description of existing and future manmade features of importance to the proposed development;

         (e)   Plans and specifications of soil erosion and sedimentation control measures in accordance with standards and specifications of the Thornapple Grand Soil Conservation District;

         (f)   A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.

      (3)   Grading permit. A grading permit valid for no more than 6 months unless extended by new application as provided for in the City Building Code shall be required for each development. This permit may not be issued without the approval of both the Public Works Director and the Building Official.

      (4)   General design principles. Practical combinations of the following general principles will provide effective erosion and sediment control when properly planned and applied.

         (a)   The development plan shall be fitted to the topography and soils so as to create the least erosion potential.

         (b)   Permanent vegetation and improvements such as streets, storm sewers or other features of the development, capable of carrying storm runoff in a safe manner, shall be scheduled for installation to the greatest extent possible before removing the vegetative cover from an area.

         (c)   Wherever feasible, natural vegetation shall be retained and protected.

         (d)   Where inadequate vegetation exists, temporary or permanent vegetation shall be established.

         (e)   The smallest practical area of land shall be exposed at any 1 time during development.

         (f)   When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

         (g)   Critical areas exposed during construction shall be protected with temporary vegetation and/or mulching.

         (h)   Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development.

         (i)   Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. The permanent final vegetation and structures shall be installed as soon as practical in the development.

      (5)   Development standards. All development plans, specifications and timing schedules, including extensions of previously approved plans, shall include provisions for erosion and sediment control in accordance with the standards and specifications established by the Thornapple Grand Soil Conservation District. Technical standards for the design and installation of erosion and sediment control measures are on file at the Thornapple Grand Soil Conservation District office in the city and with the City Building Department.

      (6)   Maintenance. Individuals or developers carrying out soil erosion and sediment control measures under this chapter, and all subsequent owners of property on which such measures have been installed, shall adequately maintain all permanent erosion control measures, devices and plantings in effective working condition.

(1993 Code, § 82-313) (Ord. passed 10-12-1992)

   The flood insurance study prepared under the guidance of the Federal Emergency Management Agency and dated January 2, 1981, and the floodway boundary and floodway map of the city, Community Panel Number 260065-0001 and 260065-0002, and the map index and profiles are hereby adopted by reference and hereby made a part of this chapter. In the event any portion of this chapter is inconsistent with the provisions of the flood insurance study, floodway boundaries, floodway maps and profiles as described, such sections of this chapter shall be subject to the flood insurance study, maps and profiles and no amendment to this chapter shall be required to make this section effective.

(1993 Code, § 82-314) (Ord. passed 10-12-1992)

   Within flood prone areas:

      (1)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and

      (2)   Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flood as certified by a registered professional engineer.

(1993 Code, § 82-315) (Ord. passed 10-12-1992)

   For the purpose of the determination of applicable flood insurance risk premium rates within zone A on a community's FHBM, the city shall:

   (A)   Obtain the elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures, and whether or not such structures contain a basement;

   (B)   Obtain, if the structure has been floodproofed, the elevation, in relation to mean sea level, to which the structure was floodproofed; and

   (C)   Maintain a record of all such information with the official designated by the community under 44 C.F.R. 59.22(a)(9)(iii).

(1993 Code, § 82-316) (Ord. passed 10-12-1992)

   All new construction and substantial improvements of nonresidential structures within zones A1-30 on the city's FIRM shall have the lowest floor, including basement, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level 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 the effects of buoyancy.

(1993 Code, § 82-317) (Ord. passed 10-12-1992)

   Where floodproofing is utilized for a particular structure in accordance with 44 C.F.R. 59, § 60.3 (c)(3) and (c)(8) or § 60.6(b)(3) either:

   (A)   A registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specific elevation, in relation to mean sea level, to which such structures are floodproofed shall be maintained with the official designated by the city under 44 C.F.R. 59.22(a)(9)(iii); or

   (B)   A certified copy of a local regulation containing detailed floodproofing specifications which satisfy the watertight performance standards of 44 C.F.R. 60.3(c)(3) or of 44 C.F.R. 60.6(b)(3) shall be submitted to the Federal Insurance Administrator for approval.

(1993 Code, § 82-318) (Ord. passed 10-12-1992)