It is the purpose of this article to significantly reduce hazards to persons and damage to property as a result of flood conditions in the city, and to comply with the provisions and requirements of the National Flood Insurance Act of 1968, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the United States Department of Housing and Urban Development, Federal Insurance Administration, as published in the Federal Register, Volume 41, No. 207, Tuesday, October 26, 1976. Further, the objectives of this article include:

a.

The protection of human life, health and property from dangerous and damaging effects of flood conditions.

b.

The minimization of public expenditures for flood control projects, rescue and relief efforts in the aftermath of flooding, repair of flood damaged public facilities and utilities, and the redevelopment of flood damaged homes, neighborhoods, commercial and industrial areas.

c.

The prevention of private and public economic loss and social disruption as a result of flood conditions.

d.

The maintenance of stable development patterns not subject to the blighting influence of flood damage.

e.

To ensure that the public has access to information indicating the location of land areas subject to periodic flooding.

f.

To preserve the ability of floodplains to carry and discharge a base flood.

a.

The flood hazard area zone shall overlay existing zoning districts delineated on the official city zoning map. The boundaries of the flood hazard area zone shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the report entitled, "The Flood Insurance Study, City of DeWitt", dated December 19, 1979, with accompanying flood insurance rate maps and flood boundary and floodway maps, as may be amended from time to time.

b.

The study and maps are declared to be recognized as an official standard code, copies of which are available to the public at the city offices at a reasonable charge. Within the flood hazard area zone a regulatory floodway shall be designated. The boundaries of the regulatory floodway shall coincide with the floodway boundaries indicated on the flood boundary and floodway map.

c.

The study and accompanying maps are adopted by reference, appended, and declared to be a part of this article. The term "flood hazard areas," as used in this article, shall mean the flood hazard area zone; and the term "floodway" shall mean the designated regulatory floodway.

d.

Where there are disputes as to the location of a flood hazard area zone boundary, the zoning board of appeals shall resolve the dispute in accordance with Section 78-562, Floodplain Mapping Disputes.

e.

In addition to other requirements of this chapter applicable to development in the underlying zoning district, compliance with the requirements of this article shall be necessary for all development occurring within the flood hazard area zone.

f.

Conflicts between the requirements of this article and other requirements of this chapter or any other ordinance shall be resolved in favor of this article, except where the conflicting requirement is more stringent and would further the objectives of this article. In such cases the more stringent requirement shall be applied.

Development, including the erection of structures and placement of manufactured homes, within a flood hazard area zone shall not occur except upon issuance of a development permit in accordance with requirements of this chapter and the following standards:

a.

The requirements of this article shall be met.

b.

The requirements of the underlying zoning districts and applicable general provisions of this chapter shall be met.

c.

All necessary development permits shall have been issued by appropriate local, state and federal authorities, including a floodplain permit, approval, or letter of no authority from the state department of natural resources. Where a development permit cannot be issued prior to the issuance of a building permit, a letter from the issuing agent indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

In addition to the information required with an application for a building permit, special land use, or any other type of development permission required under this chapter, the following information shall be submitted as a part of an application for permission to commence any type of development within a flood hazard area zone:

a.

The elevation in relation to mean sea level of the floor, including basement, of all structures.

b.

Where floodproofing will be employed, the elevation in relation to mean sea level to which a structure will be floodproofed.

c.

Where floodproofing will be employed, a certificate from a registered professional engineer or architect that the floodproofing criteria of this article will be met.

d.

Where it can be determined that development is proposed within zones A1—A30 on the FIRM or the regulatory floodway, a certification as required by this article.

e.

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

f.

Proof of development permission from appropriate local, state, and federal agencies as required by this article, including a floodplain permit approval, or letter of no authority from the Michigan Department of Environmental Quality (MDEQ).

g.

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 (5) acres in size.

h.

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

All new construction and substantial improvements within a flood hazard area, including the placement of prefabricated buildings and manufactured homes, shall:

a.

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

b.

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

c.

Be constructed by methods and practices that minimize flood damage under provisions of the adopted Building Code ordinance.

d.

All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of floodwaters into the systems and discharges from systems into floodwaters. On-site waste disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.

e.

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

f.

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

g.

The city engineer or his representative shall review development proposals to determine compliance with the standards in this article, and shall transmit his determination to the development official.

h.

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

i.

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

j.

Available flood hazard data from federal, state or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by the Federal Insurance Administration shall take precedence over data from other sources.

On the basis of the most recent available base flood elevation data of the following standards shall apply in the flood hazard area zone:

a.

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the base flood level.

b.

New construction and substantial improvements of nonresidential structures.

1.

Such structures shall have either the lowest floor, including basement, elevated to or above the base flood level; or be constructed such that below base flood level, together with attendant utility and sanitary facilities, 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 effects of buoyancy.

2.

A registered professional engineer or architect shall certify that the standards of this subparagraph 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 submitted as provided in this article and shall indicate the elevation to which the structure is floodproofed.

All manufactured homes in the floodway shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties in accordance with the following specifications:

a.

Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, except that on manufactured homes less than fifty (50) feet in length, one (1) tie per side shall be required.

b.

Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points, except that on manufactured homes less than fifty (50) feet in length, four (4) ties per side shall be required.

c.

All components of the anchoring system shall be capable of carrying of force of four thousand eight hundred (4,800) pounds.

d.

All additions to a manufactured home shall be similarly anchored.

e.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the city civil defense director for manufactured home parks and manufactured home subdivisions.

f.

Manufactured homes within zones A1—A30 on the flood insurance rate map shall be located in accordance with the following standards:

1.

All manufactured homes shall be placed on stands or lots which are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level.

2.

Adequate surface drainage away from all structures and access for a manufactured 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 (10) feet apart, and reinforcement shall be provided for piers more than six (6) feet above ground level.

g.

In manufactured home parks and manufactured home subdivisions which exist at the time this subsection is adopted, where repair, reconstruction or improvement of streets, utilities and pads equaling or exceeding fifty (50) percent of the value of the streets, utilities and pads before repair, the standards in f. above shall be met.

The following standards shall apply in areas of shallow flooding denoted as AO zones on the flood insurance rate map:

a.

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the flood insurance rate map (FIRM).

b.

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

1.

Have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the FIRM; or

2.

Be floodproofed, together with attendant utility and sanitary facilities, to the level specified in accordance with the standards of this article.

a.

New construction, substantial improvements and all other development, including fill, shall be prohibited within zones numbered A1—A30 on the FIRM, except where it is demonstrated to the development officer that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not harmfully increase the water surface elevation of a base flood.

b.

In determining whether a harmful increase will occur, compliance with applicable law shall be required, provided that the allowable increase shall not exceed one (1) foot. The provisions of this section shall not apply within the regulatory floodway. The provisions of c.2. below shall be applied to land situated within the regulatory floodway.

c.

All development occurring within the regulatory floodway shall comply with the following standards:

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 there shall be compliance with section 3108 of the Natural Resources and Environmental Protection Act (MCL 324.3108).

2.

The placement of manufactured homes shall be prohibited except in manufactured home parks and subdivisions which exist at the time this article is adopted.

3.

Development which is permitted in the regulatory floodway shall meet the requirements of Sections 78-553 through 78-557, Development Permits, Application Information, General Standards for Flood Hazard Reduction, Specific Base Flood Elevation Standards, and Manufactured Home Standards.

d.

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 article.

a.

With regard to the National Flood Program, and the regulation of development within the flood hazard area zone as prescribed in this article, the duties of the development official shall include, but are not limited to:

1.

Notification to adjacent communities and the department of natural resources of the proposed alteration or relocation of any watercourse, and the submission of such notifications to the Federal Insurance Administration.

2.

Verification and recording of the actual elevation in relation to mean sea level of the lowest floor, including basement, of all new or substantially improved structures, the elevation to which the structure was made floodproof.

3.

Recording of all certificates of floodproofing, and written notification to all applicants to whom variances are granted in a flood hazard area zone indicating the terms of the variance, the increased danger to life and property, and that the cost of flood insurance will increase commensurate with the increased flood risk. A record of all variance notifications and variance actions shall be maintained together with the justification for each variance.

b.

All records and maps pertaining to the National Flood Insurance Program shall be maintained in the office of the development official and shall be available for public inspection.

c.

It shall be the responsibility of the development official to obtain and utilize the best available flood hazard data for purposes of administering this article in the absence of data from the flood insurance administration.

Variances from the provisions of this article shall only be granted by the zoning board of appeals (ZBA) upon a determination of compliance with the general standards for variances contained in the chapter and each of the following specific standards:

a.

A variance shall not be granted within a floodway where the result of the proposed development would be an increase in flood levels during a base flood discharge, except upon certification by a registered professional engineer or the Michigan Department of Environmental Quality (MDEQ) that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not harmfully increase the water surface elevation of a base flood. In determining whether a harmful increase will occur, compliance with applicable law shall be required, provided that the allowable increase, including the increase used as the design standard for delineating the floodway, shall not exceed one (1) foot.

b.

A variance under this article shall be granted only upon both:

1.

Compliance with Section 78-585, Powers and Duties in article XXII.

2.

A determination that the granting of a variance will not result in flood heights in excess of those permitted by this article, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

c.

The city ZBA may attach conditions to the granting of a variance to ensure compliance with the other 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 or 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.

a.

Where disputes arise as to the location of the flood hazard area boundary or the limits of the floodway, the ZBA shall resolve the dispute and establish the boundary location. In all cases, the decision of the ZBA shall be based upon the most current floodplain studies issued by the Federal Insurance Administration. Where Federal Insurance Administration information is not available, the best available floodplain information shall be utilized.

b.

Where a dispute involves an allegation that the boundary is incorrect as mapped and Federal Insurance Administration floodplain studies are being questioned, the ZBA 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 ZBA.

a.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris.

b.

Approval of the use of land under this article shall not be considered a guarantee or warranty of safety from flood damage. This article does not imply that areas outside the flood hazard area will be free from flood damage. This article does not create liability on the part of the city or any officer or employees of the city, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.