The floodplain provisions provided in this chapter are intended to protect the floodplain area, as defined below, so that the reservoir capacity shall not be reduced, thereby creating a danger to areas previously not so endangered in time of high water, or impeding, retarding, accelerating, or changing the direction of the flow of water or carrying capacity of the river valley or otherwise increasing the possibility of flood.

(Res. 24-95. Passed 2-13-95; Ord. 2010-06. Passed 3-8-10.)

   (a)   The requirements of this chapter shall apply to all lands within the City of Davison that are designated regulated flood prone hazard areas by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Rate Maps (FIRMs) with panel numbers of 26049C, 00216D, 0217D, 0218D, and 0219D, dated September 25, 2009, as amended. The provisions and restrictions of this chapter shall be considered to apply in addition to, and, where applicable, in lieu of the provisions of the underlying zoning districts shown on the official Zoning Map, sufficient to fulfill the purpose of this chapter.

   (b)   This chapter shall take precedence over any competing laws, ordinances, or codes, with the exception of State and Federal laws, such as Part 301 of the Michigan Natural Resources and Environmental Protection Act, being Act 451 of the Public Acts of 1994.

(Res. 24-95. Passed 2-13-95; Ord. 2010-06. Passed 3-8-10.)

   "Floodplain area," as used herein, is deemed to mean that area defined within the 100-year flood boundary in the FEMA Flood Insurance Rate Map (FIRMs) with panel numbers 26049C, 00216D, 0217D, 0218D, and 0219D, dated September 25, 2009, as amended.

   Where there is a question as to the exact boundaries and limits of a floodplain area boundary, the City Building Official shall determine the limits from the topographical data available.

(Res. 24-95. Passed 2-13-95; Ord. 2010-06. Passed 3-8-10.)

   The following uses shall be permitted in floodplain areas, subject to any limitations described herein and the provisions of Part 301 of the Michigan Natural Resources and Environmental Protection Act, being Act 451 of the Public Acts of 1994 and provided that no alteration of grades will occur:

   (a)   Gardening, general farming, horticulture, forestry, or any similar agricultural activity.

   (b)   Public and private open recreation areas, such as parks, playgrounds, play fields, golf courses, and bridle paths.

   (c)   Railroads, roads, bridges, dams, weirs and public utilities, when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety, and welfare.

   (d)   Surface parking areas as regulated by Chapter 1290.

   (e)   Uses permitted by the zoning districts otherwise established for the parcel subject to the regulations of such districts, provided that:

      (1)   All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated at least one foot above the base flood level.

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

         A.   Have the lowest floor, including the basement, elevated at least one foot above the base flood level; or

         B.   Be constructed such that the structure, below base flood level, together with attendant utility and sanitary facilities, 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 effects of buoyancy. A licensed professional engineer or architect shall certify that the standards of this paragraph are satisfied, and that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood in the location of the structure.

      (3)   In the area below the upper limit of the floodplain area boundary, dumping, or backfilling with any material in any manner is prohibited, unless, through compensating excavation and shaping of the floodplain area, its flow and impoundment capacity will be maintained or improved, subject to State permitting requirements.

      (4)   Any filling on banks adjacent to a floodplain area boundary shall have approved erosion control to prevent soil from being washed into the floodplain. City Council shall adopt erosion control standards, which are subject to State Part 91 of the Michigan Natural Resources and Environmental Protection Act, being Act 451 of the Public Acts of 1994. These standards shall be administered by the Genesee County Drain Commissioner Division of Water and Waste Services.

(Res. 24-95. Passed 2-13-95; Ord. 2010-06. Passed 3-8-10.)

   Where topographic data, engineering studies or other studies are required by any City agency to determine the effects of flooding on a proposed site, and/or the effect of a structure on the flow of water, the applicant shall submit such data or studies. All such required data or studies shall be prepared by a registered professional engineer.

(Res. 24-95. Passed 2-13-95; Ord. 2010-06. Passed 3-8-10.)