(a)

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 Program, as constituted in accord with the National Flood Insurance Act of 1968, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26, 1976, and redesignated at 44 FR 31177, May 31, 1979.

(b)

Further, the objectives of this article include:

(1)

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

(2)

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;

(3)

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

(4)

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

(5)

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

(6)

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

(Code 1979, § 17.26.010)

(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 Hillsdale," dated January 6, 1988, with accompanying flood insurance rate maps and flood boundary and floodway maps. 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. The study and accompanying maps are adopted by reference, appended, and declared to be a part of this article. The term "flood hazard area" as used in this article means the flood hazard area zone and the term "floodway" means the designated regulatory floodway.

(b)

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 36-145.

(c)

In addition to other requirements of this article 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. Conflicts between the requirements of this article and other requirements of this article or any other ordinance shall be resolved in favor of this article, except where the conflicting requirement is more restrictive, such more restrictive requirement shall be applied.

(Code 1979, § 17.26.020)

Development, including the erection of structures and placement of mobile homes, within a flood hazard area shall not occur except upon issuance of a zoning compliance permit in accord with the requirements of sections 36-31 through 36-39 and the following standards:

(1)

The requirements of this article shall be met;

(2)

The requirements of the underlying zoning districts and applicable general provisions of this article shall be met;

(3)

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 environmental quality under authority of part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.). Where a development permit cannot be issued prior to the issuance of a zoning compliance permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

(Code 1979, § 17.26.030)

(a)

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

(1)

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

(2)

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

(3)

Be constructed by methods and practices that minimize flood damage.

(b)

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

(c)

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

(d)

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

(e)

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

(f)

The building inspector, or his designee, shall review development proposals to determine compliance with the standards in this section and with the applicable provisions of the single state construction code, and shall transmit his determination to the zoning administrator.

(g)

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

(h)

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

(i)

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 Emergency Management Agency shall take precedence over data from other sources.

(Code 1979, § 17.26.040)

(a)

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

(1)

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

(2)

All new construction and substantial improvement of nonresidential structures shall have either:

a.

The lowest floor, including basement, elevated to or above the base flood level; or

b.

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. 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 of the structure. Such certification shall be submitted as provided by the single state construction code and shall indicate the elevation to which the structure is floodproofed.

(b)

The most recent based flood elevation data received from the Federal Emergency Management Agency shall take precedence over data from other sources.

(Code 1979, § 17.26.050)

(a)

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

(1)

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

(2)

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

(3)

All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

(4)

All additions to a mobile home shall be similarly anchored.

(b)

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with county emergency services for mobile home parks and mobile home subdivisions.

(c)

Mobile homes within zone AE on the flood insurance rate map shall be located in accord with the following standards:

(1)

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

(2)

Adequate surface drainage away from all structures and access for a mobile 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 feet apart; and reinforcement shall be provided for piers more than six feet above ground level.

(4)

In mobile home parks and mobile home subdivisions which exist at the time this subsection is adopted, where repair, reconstruction or improvement of streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, the standards in subsections (b)(1), (b)(2) and (b)(3) of this section shall be complied with.

(Code 1979, § 17.26.060)

(a)

New construction, substantial improvements and all other development, including fill, shall be prohibited within zone AE on the FIRM, except where it is demonstrated to the zoning administrator 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 part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.), shall be required, provided that the allowable increase shall not exceed one foot. The provisions of this section shall be applied to land situated within the regulatory floodway.

(b)

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 state department of environmental quality that the development proposed will not result in any increases in flood levels during a base flood discharge, and compliance with part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.).

(2)

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

(3)

Development which is permitted in the regulatory floodway shall meet the requirements of sections 36-493 through 36-496.

(c)

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 section.

(Code 1979, § 17.26.070)

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. 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 employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Code 1979, § 17.26.080)