(a)   It is the purpose of this chapter to protect the health, safety and general welfare of persons and property by protecting the flood plains, floodway, watercourses and wetlands of the Charter Township of Clinton, Macomb County, Michigan; to regulate the use of land areas subject to periodic flooding; to protect economic property values, aesthetic and recreational values and other natural resource values associated with the flood plains and wetlands of this Township; to provide for review procedures for the use of these resource areas; and to provide for penalties for the violation of this chapter adopted to secure the public health, safety and general welfare under the combined authority of Act 246 of the Public Acts of 1945 (Township Regulatory Ordinances), as amended; Act 184 of the Public Acts of 1943 (Township Rural Zoning Act), as amended; Act 127 of the Public Acts of 1970 (Environmental Protection Act), as amended; Act 347 of the Public Acts of 1972 (Soil and Sedimentation Control Act), as amended; Act 346 of the Public Acts of 1972 (Inland Lakes and Streams Act), as amended; Act 167 of the Public Acts of 1968 (Flood Plain Control Act), an amendment to Act 245 of the Public Acts of 1929 (Water Resource Commission Act); the National Flood Insurance Act of 1968, as amended; the Flood Disaster Protection Act of 1973, as amended; and Act 203 of the Public Acts of 1979 (Wetland Protection Act), as amended.

   (b)   The objectives of this chapter are to:

      (1)   Provide for the protection, preservation, proper maintenance and use of Township watercourses and wetlands in order to minimize disturbance to them and to prevent damage from erosion, turbidity or siltation, a loss of fish or other beneficial aquatic organisms, a loss of wildlife and vegetation and/or from the destruction of the natural habitat thereof.

      (2)   Provide for the protection of the Township potable fresh water supplies from the dangers of drought, overdraft, pollution or mismanagement which will affect human, animal or plant life.

      (3)   Secure safety from damaging flood heights and velocities caused by obstructed flows and reduced storage; reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; prevent loss of life, property damage and other losses and risks associated with flood conditions; and preserve the location, character and extent of natural drainage courses.

      (4)   Promote the public health, safety and general welfare and minimize public and private losses due to flood conditions in specific areas by provisions designed to:

         A.   Protect human life and health.

         B.   Minimize expenditure of public money for costly flood-control projects.

         C.   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

         D.   Minimize prolonged business interruptions.

         E.   Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard.

         F.   Ensure that potential buyers are notified that property is in an area of special flood hazard.

         G.   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

   (c)   In order to accomplish its purposes, this chapter includes methods and provisions for:

      (1)   Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

      (2)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

      (3)   Controlling the alteration of natural flood plains, stream channels and natural protective barriers which help accommodate or channel flood waters.

      (4)   Controlling filling, grading, dredging and other development which may increase flood damage.

      (5)   Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)

   This chapter shall apply to all of the following lands within the jurisdiction of the Charter Township of Clinton:

   (a)   All areas of special flood hazard as shown on the Flood Insurance Rate Map, dated August 17, 1998, designated as Zone A and subject to 100-year flooding and flood hazards.

   (b)   Watercourses as defined in this chapter and/or as identified on an official Charter Township of Clinton Drainage, Flood Plain and Wetland Map.

   (c)   Wetlands, as defined in this chapter and/or as identified on an official Charter Township of Clinton Master Drainage Plan, consisting of flood plains and wetlands maps with specific reference to soil types herein identified.

   (d)   Wetlands, as identified in the Soil Conservation Service Soil Survey of Macomb County, Michigan, issued September, 1971.

(Ord. 260-A-204. Passed 8-13-90; Ord. 260-A-249. Passed 8-22-94; Ord. 260-A-314. Passed 8-10-98; Ord. Passed 10-30-23.)

   (a)   Except as hereinafter provided in this section, it shall be unlawful for any person to do any of the following without obtaining a development permit from the Charter Township of Clinton:

      (1)   Locate any operation, obstruction or structure on lands in a 100-year flood plain.

      (2)   Make substantial improvements to any obstruction or structure in a 100-year flood plain. Maintenance of an obstruction or structure shall not be construed to be a substantial improvement.

      (3)   Locate any public or private institution or place of assembly in a flood plain.

   (b)   Dredging and filling and/or dumping or backfilling with any material in any manner is prohibited, unless through compensating excavation and shaping of the flood plain, the flow and impoundment capacity of the flood plain will be maintained or improved.

   (c)   It shall be unlawful to locate off-street parking streets, roads, bridges, outdoor play equipment, sheds, garages, boathouses, boat hoists, utility lines, public utilities and facilities, pumphouses, bleachers, bank protection structures, signs, fences, gazebos and similar outdoor equipment and appurtenances, in a flood plain, unless each of the following requirements is met:

      (1)   The structure would not cause an increase in water surface elevation, obstruct flow or reduce the impoundment capacity of the flood plain.

      (2)   All equipment and structures shall be anchored to prevent flotation and lateral movement.

      (3)   Compliance with these requirements is certified by a registered engineer.

   (d)   Uses which may be permitted in the 100-year flood plain are as follows:

      (1)   Cultivation and harvesting of crops according to recognized soil conservation practices.

      (2)   Pasture, grazing land, forestry, outdoor plant nursery, orchard and harvesting of any wild crops.

      (3)   Wildlife sanctuary, woodland preserves and arboretums.

      (4)   Recreational uses, such as parks, day camps, picnic groves and golf courses, provided that no principal building is located in the floodway.

      (5)   Open-space portions of any use district.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)

   (a)   Except as hereinafter provided in this section, it shall be unlawful for any person to do any of the following without obtaining a development permit from the Charter Township of Clinton:

      (1)   Deposit or permit to be deposited any material, including structures, into, within or upon any watercourse or wetland area or within twenty-five feet of the edge of any watercourse or wetland designated on the Charter Township of Clinton Master Drainage Plan.

      (2)   Dredge, fill or land-balance bottomlands, flood plains or wetlands.

      (3)   Enlarge, diminish or alter a lake, stream or any other naturally occurring waterway.

      (4)   Create, enlarge or diminish any natural or artificially constructed canal, channel, lagoon, lake or other waterway for navigation or any other purpose whether or not connected to an existing lake, stream or watercourse.

      (5)   Construct, place, enlarge, extend or remove a temporary or permanent operation or structure upon bottomlands or wetlands.

      (6)   Construct, extend, enlarge or connect any conduit, pipe, culvert or open or closed drainage facility erected for the purpose of carrying storm water run-off from any residential site of two or more one-family or multiple-family dwelling units, nonresidential sites, parking areas, paved or unpaved private or public roads or any other land use permitting discharge of silt, sediment, organic or inorganic materials, chemicals, fertilizers, flammable liquids or any substance producing turbidity, except through an interceptor, retention or settling basin, filter or treatment facility designed to control and eliminate the pollutant before discharge to any lake, pond, stream or watercourse.

      (7)   Construct, enlarge, extend or connect any private or public sewage or waste treatment plant to discharge to any lake, pond, stream, water or drainage course or wetland, except in accordance with the latest requirements of the County of Macomb, State of Michigan, and the Federal Pollution Control Acts, for improving and maintaining clean natural waters.

   (b)   The following operations and uses are permitted in the watercourse and wetland areas of the Charter Township of Clinton, subject to the conditions of this section.

      (1)   Conservation of natural habitats, soil, vegetation, water, fish and wildlife.

      (2)   Outdoor recreation, including play and sporting areas, field trails for nature study, hiking, horseback riding, swimming, skin diving, boating and fishing, where otherwise legally permitted and regulated.

      (3)   Grazing, farming, gardening and harvesting of crops and forestry and nursery practices, where otherwise legally permitted and regulated.

      (4)   Operation and maintenance of existing dams and other water control devices and temporary alteration or diversion of water levels or circulation for emergency maintenance or aquaculture purposes, if in compliance with State statutes.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)

   (a)   In conformance with the provisions of this section, all operations affecting the flood plain, floodway, watercourses and wetlands shall require approval pursuant to the provisions of this chapter for site plan review as herein otherwise contained.

   (b)   In addition to the provisions of this chapter for site plan review, as herein otherwise contained, an accurate drawing, prepared by an architect, land surveyor or civil engineer registered with the State of Michigan, shall be submitted and shall include the following information:

      (1)   Name and mailing address of the owner of record of the affected property and of the applicant, if other than the owner.

      (2)   Names and mailing addresses of owners of record of all properties adjoining the affected property, including properties directly across any road.

      (3)   Date.

      (4)   Scale of not less than one foot equals fifty feet.

      (5)   Location and dimensions of all property boundary lines.

      (6)   Location of proposed buildings, structures, driveways and septic fields.

      (7)   Location map at a scale of not less than one inch equals 2,000 feet, showing property boundary lines and the general relationship of the affected property to the surrounding area within one-half mile.

      (8)   An area map, at a scale of not less than one inch equals 200 feet, showing property boundary lines, the normal high-water line boundary and elevation, wetlands, proposed changes in location and the extent of existing watercourses, flood lands and drainage courses.

      (9)   Existing contour data for the entire affected property with a vertical contour interval of no more than five feet and vertical contour data at an interval of no more than two feet for all areas to be disturbed by the proposed operation, extending for a distance of at least fifty feet beyond the limits of such areas.

         Indicated elevations shall be based on United States Geological Survey datum.

      (10)   Proposed contours at an interval of no more than two feet.

      (11)   Soil borings to determine the extent of poorly drained and very poorly drained soils. (See provisions as herein otherwise contained for wetlands, as defined in Section 1250.07(136).)

      (12)   Elevation, in relation to mean sea level, of the lowest floor, including the basement, of all structures.

      (13)   Base flood elevation data where the proposed development is subject to Act 288 of the Public Acts of 1967 (the Subdivision Control Act), as amended, or if the area is greater than five acres in size.

      (14)   Specification of the extent of all areas to be disturbed, the depth to which removal or deposition operations are proposed and the angle of repose of all slopes of deposited materials and/or sides of channels or excavations resulting from removal operations.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)

   The Planning Commission and Township Board shall consider the following criteria when evaluating a site plan for a development permit:

   (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 of the facility for 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 Charter Township of Clinton Master Plan for Future Land Use and the Charter Township of Clinton Master Drainage Plan.

   (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 flood waters at the site.

   (k)   The costs of providing governmental services during the after-flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, and streets and bridges.

   (l)   The impact on water quality, including filtering action.

   (m)   Impacts on fish and wildlife, including habitat damage or changes.

   (n)   The effect on adjoining wetland or drainage areas and water tables.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)

   (a)   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement.

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

   (c)   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage and shall have the lowest floor, including the basement, elevated to at least one foot above the 100-year flood elevation.

   (d)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

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

   (f)   New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

   (g)   Any alteration, repair, reconstruction or improvement to a structure, on which the start of construction was begun after the effective date of this chapter, shall meet the requirements of "new construction" as contained in this Zoning Code.

   (h)   Construction, substantial improvements and encroachments, including fill, are prohibited in a regulatory floodway unless certification by a registered professional engineer is provided which demonstrates that the development will not result in any increase in the 100-year flood elevation.

   (i)   This section does not obviate the necessity for the applicant to obtain a permit required by any other agency before proceeding with operations approved under this chapter. Obtaining such other approval of permits as may be required is solely the responsibility of the applicant, and no operations shall be initiated by the applicant until such permits have been issued. The Michigan Department of Natural Resources shall be contacted by the applicant regarding acts under the jurisdiction and authority of the Michigan Department of Natural Resources.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)

   (a)   Variances from any provision relevant to this chapter may be granted by the Township Board, after review by the Planning Commission, only upon determination of compliance with the general standards for grants of variances as contained within this Zoning Code and with each of the following specific standards.

   (b)   A variance shall not be granted within the flood hazard area when the result would cause any increase in flood level during a base flood discharge. Further, no variance shall be granted unless all provisions of Section 1290.03 are met and:

      (1)   There has been a determination that failure to grant the variance would result in exceptional hardship to the applicant;

      (2)   There has been a determination that the grant of a variance will not result in flood heights in excess of those permitted by this chapter, additional threats to public safety or extraordinary public expense, and that such variance will not create nuisances, cause fraud on or victimization of the public or conflict with existing laws or ordinances; and

      (3)   The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.

   (c)   The Township Board may impose conditions to the grant of a variance to ensure compliance with the standards contained in this chapter.

   (d)   Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the Michigan Historic Markers listing of historic sites or any other State register of historic places, without regard to the requirements of this section governing variances in flood hazard areas.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)

   (a)   When disputes arise as to the location of the flood hazard area boundary or the limits of the floodway, the Township Board, after Planning Commission review and recommendation by the Township Engineer, shall resolve the dispute and establish the boundary location.

      (1)   In all cases, the decision of the Township Board shall be based upon the most current flood plain studies issued by the Federal Insurance Administration.

      (2)   When Federal Insurance Administration information is not available, the best available flood plain information shall be used.

   (b)   When a dispute involves an allegation that the boundary is incorrect as mapped and Federal Insurance Administration flood plain studies are being questioned, the Township Board, after Planning Commission review, shall modify the boundary of the flood hazard area or the floodway only upon receipt of an official letter of map amendment issued by the Federal Insurance Administration.

   (c)   All parties to a map dispute may submit technical evidence to the Planning Commission and Township Board.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)

   (a)   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study.

   (b)   Larger floods may occur on rare occasions.

   (c)   Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.

   (d)   Approval for the use of land under these provisions shall not be considered a guarantee or warranty of safety from flood damage.

   (e)   This chapter does not imply that areas outside the flood hazard area will be free from flood damage.

   (f)   This chapter does not create liability on the part of the Charter Township of Clinton, or any officer or employee thereof, for any flood damage which results from reliance upon this chapter or any administrative decision lawfully made thereunder.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)

   (a)   The grant or denial of a developmental permit shall not have any effect on any remedy or on any person, at law or in equity, provided that where it is shown that there is a wrongful failure to comply with this chapter there shall be a rebuttable presumption that the obstruction was the proximate cause of the flooding of the land of any person bringing suit.

   (b)   Any person violating the provisions of this chapter shall become liable to the Township for any expense, loss or damage occasioned to the Township by reason of such violation.

(Ord. 260-A-204. Passed 8-13-90; Ord. Passed 10-30-23.)