Environmental standards are established in order to preserve the short- and long-term environmental health, safety, and quality of the city. No parcel, lot, building, or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. No use, otherwise allowed, shall be permitted within any district, which does not conform to the following standards of use, occupancy, and operation. These standards are established as minimum requirements to be maintained.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Intent. The intent of this section is to:

      (1)   Protect and preserve the appearance, character, and value of the community;

      (2)   Minimize noise, air, and visual pollution;

      (3)   Improve the overall aesthetics and appearance, divide the expanse of pavement, and define parking areas and vehicular circulation within off-street parking lots and other vehicular use areas;

      (4)   Require buffering of residential areas from more intense land uses and public road rights-of-way;

      (5)   Prevent soil erosion and soil depletion and promote sub-surface water retention;

      (6)   Encourage an appropriate mixture of plant material, such as evergreen and deciduous trees and shrubs, to protect against insect and disease infestation and produce a more aesthetic and cohesive design; and

      (7)   Encourage the integration of existing woodlands in landscape plans.

   (B)   Landscaping definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      BERM. A landscaped mound of earth, which blends with the surrounding terrain.

      BUFFER. A landscaped area composed of living material, a screen wall, berm, or combination thereof, established and/or maintained to provide visual screening, noise reduction, and transition between conflicting types of land uses.

      CONFLICTING NON-RESIDENTIAL LAND USE. Any non-residential use, such as office, commercial, industrial, research, parking, or public road right-of-way land use which abuts a residential land use.

      CONFLICTING RESIDENTIAL USE. Any residential land use developed at a higher density, which abuts a residential land use developed at a lower density.

      GREENBELT. A landscaped area, established at a depth of the minimum required front yard setback within a zoning district, which is intended to provide a transition between a public road right-of-way and an existing or proposed land use and/or between a conflicting land use and an existing or proposed land use.

      OPACITY. The state of being impervious to sight.

      PLANT MATERIAL. A collection of living evergreen and/or deciduous, woody-stemmed trees, shrubs, vines, and ground cover, including annual and perennial bedding plants.

   (C)   Application of requirements.

      (1)   These requirements shall apply to all uses for which site plan review is required under § 154.024 and subdivision plat review as required under the Subdivision Control Ordinance.

      (2)   No site plan, site condominium plan, or subdivision plat shall be approved unless a landscape plan is provided which meets the requirements set forth herein.

   (D)   Landscape plan requirements. A separate detailed landscape plan shall be required to be submitted to the city as part of the site plan review or tentative preliminary plat review. The landscape plan shall demonstrate that all requirements of this section are met and shall include, but not necessarily be limited to, the following items:

      (1)   Location, spacing, size, root type, and descriptions for each plant type;

      (2)   Typical straight cross section including slope, height, and width of berms;

      (3)   Typical construction details to resolve specific site conditions, such as landscape retaining walls and tree wells used to preserve existing trees or maintain natural grades;

      (4)   Details in either text or drawing form to ensure proper installation and establishment of proposed plant materials;

      (5)   Identification of existing trees and vegetative cover to be preserved;

      (6)   Identification of grass and other ground cover and method of planting; and

      (7)   Identification of a landscape maintenance program including statement that all diseased, damaged, or dead materials shall be replaced in accordance with the standards of this chapter.

   (E)   Screening between land uses. (See Figure 7.) Upon any improvement for which a site plan is required, a landscape buffer shall be constructed to create a visual screen at least six feet in height along all adjoining boundaries between either a conflicting non-residential or conflicting residential land use and residentially zoned or used property. The width of the buffer may vary, provided that all standards of this section are met. A landscape buffer may consist of earthen berms and/or living materials so as to maintain a minimum opacity of at least 80%. Opacity shall be measured by observation of any two square yard area of landscape screen between one foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard based upon reasonably anticipated growth over a period of three years. Where a need to provide a greater noise or dust barrier or to screen more intense development is determined by the Planning Commission, a solid wall, fence, or landscaped berm, or combination thereof, shall be required. Such screen shall be a minimum of six feet in height as measured on the side of the proposed wall having the higher grade. When a wall is required by the Planning Commission, the required wall shall be located on the lot line except where underground utilities interfere and except in instances where this chapter requires conformity with front yard setback requirements. Upon review of the landscape plan, the Planning Commission may approve an alternate location of a wall. The Planning Commission shall approve the construction materials of the wall or fence, which may include face brick, integral color split-face masonry, stone, or wood.

   (F)   Parking lot landscaping.

      (1)   Required landscaping within parking lots. Separate landscape areas shall be provided within parking lots in accordance with the following requirements (see Figure 8):

         (a)   A minimum of one tree shall be provided for every eight parking spaces, provided that a landscape island shall be provided for no more than 16 continuous spaces;

         (b)   Landscaping shall be arranged in curbed islands within the parking lot, which shall not be less than 50 square feet in area;

         (c)   A minimum distance of three feet from the backside of the curb and the proposed centerline of the landscape plantings shall be provided. Where vehicles overhang a landscape island or strip, a minimum distance of five feet from the backside of the curb and the proposed centerline of the landscape plantings shall be provided;

         (d)   The Planning Commission, at its discretion, may approve alternative landscape plantings at the perimeter of parking lots where landscaping within parking lots would be impractical due to the size of the parking lot or detrimental to safe and efficient traffic flow, or would create an unreasonable burden for maintenance and snowplowing; and

         (e)   All landscaped areas shall be protected with raised concrete curbs.

      (2)   Required landscaping at the perimeter of parking lots. Separate landscape areas shall be provided at the perimeter of parking lots in accordance with the following requirements (see Figure 9): parking lots, which are considered to be a conflicting land use as defined by this chapter shall meet the screening requirements set forth in division (E) above (see Figure 7); parking lots shall be screened from view with a solid wall or landscaped berm at least three feet in height along the perimeter of those sides which are visible from a public road (see Figure 9); and all landscaped areas shall be protected with raised concrete curbs.

   (G)   Greenbelts. A greenbelt shall be provided which is an area established at a depth of the required front yard setback within a zoning district and landscaped in accordance with the following requirements (see Figure 10):

      (1)   The greenbelt shall be landscaped with a minimum of one tree for every 30 lineal feet, or fraction thereof, of frontage abutting a public road right-of-way. Non-ornamental deciduous trees within a greenbelt shall be a minimum caliper of two and one-half inches or greater. Evergreen trees within a greenbelt shall be a minimum height of six feet;

      (2)   If ornamental deciduous trees are substituted for either non-ornamental deciduous trees or evergreen trees, they shall be provided at a minimum of one tree for every 20 lineal feet, or fraction thereof, of frontage abutting a public road right-of-way. Ornamental deciduous trees within a greenbelt shall be a minimum caliper of two inches or greater;

      (3)   In addition to the required trees within the greenbelt, the remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs, and other natural landscape materials; and

      (4)   Access drives from public rights-of-way through required greenbelts shall be permitted, but such drives shall not be subtracted from the lineal dimension used to determine the minimum number of trees required.

   (H)   Site landscaping. In addition to any landscape greenbelt and/or parking lot landscaping required by this section, 20% of the site area, excluding existing public rights-of-way, shall be landscaped. Such site area landscaping may include a combination of the preservation of existing tree cover, planting of new trees and plant material, landscape plazas and gardens, and building foundation planting beds. Site area landscaping shall be provided to screen potentially objectionable site features such as, but not limited to, retention/detention ponds, transformer pads, air conditioning units, and loading areas. (See Figure 11.)

   (I)   Subdivision and site condominium landscaping. Landscaping for single-family residential subdivisions and site condominiums shall be provided in accordance with the following requirements.

      (1)   Street trees. The frontage of all internal public or private streets shall be landscaped with a minimum of one tree for every 50 lineal feet, or fraction thereof. Such street trees shall meet the minimum size and spacing requirements set forth in division (L) below.

      (2)   Screening between land uses. Where a subdivision or site condominium contain uses which are defined as conflicting land uses by this section, the screening requirements set forth in division (E) above shall be met.

      (3)   Screening from public roads. Where a subdivision or site condominium abuts a public road right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in division (E) above shall be met.

      (4)   Other site improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, stormwater retention and/or detention areas, community buildings and other recreational areas, and any other site improvement which would be enhanced through the addition of landscaping.

   (J)   Screening of trash containers. (See Figure 12.)

      (1)   Outside trash disposal containers shall be screened on all sides with an opaque fence or wall, and gate at least as high as the container, but no less than six feet in height, and shall be constructed of material which is compatible with the architectural materials used in the site building or project.

      (2)   Containers shall be consolidated to minimize the number of collection sites, and located so as to reasonably equalize the distance from the buildings or projects they serve.

      (3)   Containers and enclosures shall be located away from public view insofar as possible.

      (4)   Containers and enclosures shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.

      (5)   Concrete pads of appropriate size and construction shall be provided for containers or groups of containers. Concrete aprons shall also be provided for bin loading.

      (6)   For storage of recyclable materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.

      (7)   Screening and gates shall be of a durable construction. Gates shall be made of wood or other durable material and shall be reinforced with a steel sub-structure.

      (8)   Landscaping shall be provided within three feet of the perimeter of the trash container, and shall consist of evergreen trees or large evergreen shrubs consistent with division (K) below.

   (K)   Landscape elements. The following minimum standards shall apply.

      (1)   Quality. Plant materials shall be of generally acceptable varieties and species, free from insects and diseases, hardy to the county, conform to the current minimum standard of the American Association of Nurserymen, and shall have proof of any required governmental regulations and/or inspections.

      (2)   Composition. A mixture of plant material, such as evergreen, deciduous trees, and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement.

      (3)   Berms. Berms shall be constructed with slopes not to exceed a one to three gradient. Berm slopes shall be protected with sod, seed, mulch, or other form of natural living ground cover.

      (4)   Existing trees. The preservation and incorporation of existing trees is encouraged. Where existing trees are used to satisfy the requirements of this section, the following requirements shall apply:

         (a)   Paving or other site improvements shall not encroach upon the dripline of the existing tree(s) to be preserved;

         (b)   If existing plant material is labeled “To Remain” on site plans by the applicant or required by the city, protective techniques such as, but not limited to, fencing or barriers placed at the dripline around the perimeter of the plant material shall be installed during construction. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to be saved. Other protective techniques may be used provided such techniques are approved by the Planning Commission; and

         (c)   In the event that healthy trees which are used to meet the minimum requirements of this chapter or those labeled to remain are cut down, destroyed, damaged, filled, or excavated at the dripline, as determined by the city, the contractor shall replace them with trees which meet ordinance requirements.

      (5)   Installation, maintenance, and completion.

         (a)   All landscaping required by this chapter shall be planted before obtaining a certificate of occupancy or the appropriate financial guarantee, as set forth in § 154.027, shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.

         (b)   All landscaping and landscape elements shall be planted, and earth moving or grading performed, in a sound workmanlike manner, according to accepted planting and grading procedures.

         (c)   The owner of property required to be landscaped by this chapter shall maintain such landscaping in a strong and healthy condition, free from refuse, debris, and insects. All materials used to satisfy the requirements of this chapter which become unhealthy or dead shall be replaced within one year of damage or death or the next appropriate planting period, whichever comes first. All landscaped areas shall be provided with a readily available and acceptable water supply. Mulching up to the base of trees shall be prohibited.

   (L)   Minimum size and spacing requirements. Where landscaping is required the following schedule sets forth minimum size and spacing requirements; for representative landscape materials.

 

 

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Any person desiring to build or cause to be built a fence upon property within the city shall first apply to the Zoning Administrator for a permit. Application for such permit shall contain any and all information, including site plan and opacity, which are required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this chapter.

   (B)   Except as otherwise required by this chapter, the following regulations shall apply.

      (1)   In any residential district, fences in the required front yard shall not exceed three feet in height and 65% solid surface. Fences in the side or rear yards shall not exceed six feet in height.

      (2)   In LS, GC, CBD, and LI Districts, no fence, wall, or other screening structure shall exceed eight feet in height and shall only be placed in side or rear yards.

      (3)   The use of barbed wire, spikes, nails, or any other sharp point or instrument of any kind on top or on the sides of any fence is prohibited. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety.

      (4)   No fence shall be constructed or maintained which is charged or connected with an electrical current.

      (5)   Screen and/or retaining walls shall be designed and constructed in accordance with applicable Building Code requirements. Retaining walls shall include face brick and similar materials to ensure that walls are of a high aesthetic quality.

      (6)   Temporary construction fences and fences required for protection around excavations shall comply with the Building Code. Such fences shall be permitted for as long as 90 days following issuance of the building permit.

      (7)   Clear vision requirements are:

         (a)   No fence, wall, screen, hedge, sign, or other structure or planting shall obstruct visibility between the heights of 30 inches and ten feet above the sidewalk grade within 25 feet of the intersection of two or more streets; and

         (b)   On any interior lot, no fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of a driveway, either on a parcel or on an adjacent parcel, between the height of 30 inches and ten feet measured a distance of 20 feet back from the point where the driveway intersects the street.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Smoke and air contaminants. It shall be unlawful for any person, firm, or corporation to permit the emission of any smoke or air contaminant in violation of air quality standards adopted by federal and/or state regulatory authorities.

   (B)   Odors. 

      (1)   Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor.

      (2)   The provisions of this section are not intended to apply to farming activities.

   (C)   Gases. The escape or emission of any gas, which is injurious or destructive, harmful to person or property, or explosive shall be unlawful and shall be abated.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Noise, which is objectionable as determined by the city due to volume, frequency, or beat shall be muffled, attenuated, or otherwise controlled, subject to the following.

      (1)   Objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, shall be controlled so as not to become a nuisance to adjacent uses.

      (2)   Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

      (3)   Noise levels shall not exceed 75 decibels between the hours of 6:00 a.m. and 10:00 p.m. and shall not exceed 60 decibels between the hours of 10:00 p.m. and 6:00 a.m., and must comply with the levels set forth in the following table.

 

      (4)   Noise levels noted in division (A)(3) above may be exceeded with City Council approval for special events and circumstances.

   (B)   No use shall generate any ground transmitted vibration in excess of the limits set forth below. Vibration shall be measured at the nearest adjacent lot line. The vibration maximums set forth below are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following standards shall apply.

 

 

   (C)   Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   It shall be unlawful for any person, firm, corporation, or other legal entity to pollute, impair, or destroy the air, water, soils, or other natural resources within the city through the use, storage, and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous, and/or sanitary wastes.

   (B)   Any person, firm, corporation, or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall obtain the necessary permits or approval from the appropriate federal, state, or local authority having jurisdiction.

   (C)   (1)   Any person, firm, corporation, or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall complete and file a hazardous chemicals survey on a form supplied by the city in conjunction with the following: upon submission of a site plan and inventory of hazardous wastes; upon any change of use or occupancy of a structure or premises; and upon any change of the manner in which such substances are handled, and/or in the event of a change in the type of substances to be handled.

      (2)   All site plans for business or facilities which use, store, or generate hazardous substances shall be reviewed by the Fire Department, City Engineer, and any other appropriate experts determined necessary by the Planning Commission prior to approval by the Planning Commission.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   No use shall create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

      (1)   Minimize light pollution;

      (2)   Maintain safe nighttime driver performance on public roadways;

      (3)   Preserve the restful quality of nighttime by eliminating intrusive artificial light and lighting that unnecessarily contributes to a sky glow;

      (4)   Reduce light pollution and light trespass from light sources onto adjacent properties;

      (5)   Conserve electrical energy;

      (6)   Curtail the degradation of the nighttime visual environment; and

      (7)   Minimize glare and preserve the historic character of the city.

      (1)   Ground illumination shall not exceed five foot-candles or one footcandle at a property line, except where it abuts a residentially used or zoned lot or onto waters, in which case a maximum of 0.1 foot-candles is permitted. Automobile service station canopy and vehicle sales dealership lighting shall be permitted a maximum of 15 foot-candles within the site, but the above standards shall apply to intensity at the property line.

      (2)   Free standing light standards including base shall not exceed 20 feet in total height and if located in the Linden Historic District, standards and light fixtures shall be of a period design approved by the Historic District Commission prior to final site plan approval by the Planning Commission.

      (3)   Luminaires emitting more than 1,000 Lumens shall be fully shielded and shall emit no more than 5% of their total Lumen output above 80 degrees from Nadir (a vertical line extending below the fixture).

      (4)   Outdoor lighting fixtures not used for security purposes, hereafter installed within LS, GC, CBD, and LI Districts, shall be turned off 30 minutes after closing until sunrise. Two photometric grids shall be provided, illustrating light levels during business hours and during hours that the business is closed.

      (5)   After hours security lighting ground illumination shall not exceed two foot-candles, but the above standards shall apply to intensity at the property line.

      (6)   The maximum allowable correlated color temperature (CCT) for outdoor Luminaires is 3000 K.

      (1)   Illumination of buildings shall not exceed five foot-candles, and monuments or flags shall not exceed 15 foot-candles average maintained. All fixtures shall be shielded or designed to prohibit glare from shining into any residential area, street or public right-of-way.

      (2)   Unshielded luminous tube (neon), LED, incandescent or fluorescent lighting shall be prohibited as an architectural detail on the exterior of any structure, including but not limited to rooflines, cornices, eaves, windows, and door openings. The Planning Commission may approve internally illuminated architectural bands or similar shielded lighting accents as part of a site plan, upon determining that such lighting accents would enhance the aesthetics of the site, and would not cause off-site glare or light pollution.

      (1)   Running, chasing or otherwise intermittent lighting;

      (2)   The internal illumination of translucent building-mounted canopies/awnings; and/or

      (3)   The use of laser light sources, searchlights, or any similar high-intensity light.

      (1)   Holiday decorations;

      (2)   Window displays without glare;

      (3)   Shielded pedestrian walkway lighting;

      (4)   Residential lighting with no off-site glare;

      (5)   Sports fields;

      (6)   Soffit lighting; and/or

      (7)   Street lights.

(Ord. 285, passed 12-8-2003; Ord. 387, passed 9-10-2018; Ord. 424, passed 10-27-2025) Penalty, see § 154.999

   Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   Existing hazards or potential hazards and nuisances, such as construction sites, junk yards, landfills, sanitary landfills, demolition sites, unused basements, abandoned wells or cisterns and sand, gravel, and stone pits or piles are to be enclosed by suitable fencing or barriers so as not to endanger public health, safety, and welfare.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   (1)   All developments and earth changes subject to review under the requirements of this chapter shall be designed, constructed, and maintained to prevent flooding and protect water quality. The particular facilities and measures required on-site shall reflect the natural features, wetlands, and watercourses on the site; the potential for on-site and off-site flooding, water pollution, and erosion; and the size of the site.

      (2)   Where it is determined that the public storm drainage system lacks sufficient capacity to control drainage to off-site properties and drainageways, the city may require on-site detention storage of stormwater in accordance with the standards of the city and County Drain Commission.

   (B)   Stormwater management shall comply with the following standards.

      (1)   The design of storm sewers, detention facilities, and other stormwater management facilities shall comply with the standards of the County Drain Commission or the city design standards, whichever is more restrictive.

      (2)   Stormwater management conveyance, storage, and infiltration measures and facilities shall be designed to prevent flood hazards and water pollution related to stormwater runoff and soil erosion from the proposed development.

      (3)   The use of swales and vegetated buffer strips is encouraged in cases where it is safe as a method of stormwater conveyance so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants.

      (4)   Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downstream property owners.

      (5)   Discharge of runoff from any site, which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the State Department of Environmental Quality and the County Drain Commissioner, based upon professionally accepted principles, such a proposal shall be submitted and reviewed by the City Engineer, with consultation of appropriate experts.

      (6)   Drainage systems shall be designed to protect public health and safety and to be visually attractive, taking into consideration viable alternatives.

      (7)   Maintenance of detention basins shall be the responsibility of the property owner.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Purpose.

      (1)   The floodplains of the city are subject to periodic inundation of floodwaters, which result in loss of property, health, and safety hazards, disruption of commerce and governmental service, and impairment of tax base.

      (2)   It is the purpose of this section to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accordance with the National Flood Insurance Act of 1968, being 42 U.S.C. §§ 4001 through 4218, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency (FEMA), as published in the Federal Register, Vol. 41, No. 207, October 26, 1976, and redesignated at 44 F.R. 31177, May 31, 1979.

      (3)   The provisions of this section are intended to:

         (a)   Help protect human life, prevent or minimize material losses, and reduce the cost to the public for rescue and relief efforts;

         (b)   Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause excessive increases in flood heights or velocities;

         (c)   Require that uses vulnerable to floods, including public facilities which serve such uses, shall be protected against flood damage at the time of initial construction;

         (d)   Protect individuals from buying lands which are designated to be unsuited for intended purposes because of flooding; and

         (e)   Permit reasonable economic use of property located within a designated floodplain area.

   (B)   Delineation of floodplain areas.

      (1)   Designated floodplain areas shall overlay existing zoning districts delineated on the zoning district map of the city. The boundaries of the floodplain areas are identified in the report entitled the “Flood Insurance Study, City of Linden” prepared by FEMA with an effective date of 1980, as may be revised from time to time. The study and accompanying maps are adopted by reference, appended, and declared to be part of this chapter.

      (2)   The standard applied to establishing the floodplain area is the base floodplain delineated by the base flood. In areas associated with riverine flooding, a floodway is designated within the floodplain area.

      (3)   Where disputes as to the location of a floodplain area boundary arise, the Zoning Board of Appeals shall resolve the dispute in accordance with §§ 154.215 through 154.219.

   (C)   Application of regulations.

      (1)   In addition to other requirements of this chapter applicable to development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within designated floodplain areas. Conflicts between the requirements of this section and other requirements of this chapter or any other ordinance shall be resolved in favor of this section, except where the conflicting requirement is more stringent and would further the objectives of this section. In such cases, the more stringent requirement shall be applied.

      (2)   Upon application for land use permits, the Zoning Administrator shall determine whether said use is located within a designated floodplain area utilizing the documents cited in division (B) above. The issuance of a land use permit within the floodplain area shall comply with the following standards:

         (a)   The requirements of this section shall be met;

         (b)   The requirement of the underlying districts and all other applicable provisions of this chapter shall be met; and

         (c)   All necessary development permits shall have been issued by appropriate local, state, and federal authorities, including a floodplain permit, approval, or letter of authority from the state’s Floodplain Regulatory Authority, found in Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act (NREPA), Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended. 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.

      (3)   Floodplain management administrative duties are as follows.

         (a)   With regard to the National Flood Insurance Program, and the regulation of development within the flood hazard area zone as prescribed in division (D) below, the duties of the Zoning Administrator shall include, but are not limited to:

            1.   Notification to adjacent communities and the Department of Environmental Quality 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 National Geodetic Vertical Datum (NGVD) of the lowest floor, including basement, of all new or substantially improved structures constructed within the flood hazard area, and in the case of flood proofed structures, the elevation to which the structure was flood proofed; and

            3.   Recording of all certificates of flood proofing, and written notification to all applicants to whom variances are granted in flood hazard area zone indicating the terms of the variance. 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 Zoning Administrator and shall be open for public inspection.

         (c)   It shall be the responsibility of the Zoning Administrator to obtain and utilize the best available flood hazard data for purposes of administering the ordinance in the absence of data from FEMA.

   (D)   Floodplain standard and requirements.

      (1)   The following general standards and requirements shall be applied to all uses proposed to be located within the floodplain area:

         (a)   All new construction and substantial improvements within a floodplain, 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;

         (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 City Engineer or his or her representative shall review development proposals to determine compliance with the standards in this section, and shall transmit his or her 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 subchapter;

         (h)   The flood carrying capacity of any altered or relocated watercourse not subject to state and federal regulations designed to ensure flood carrying capacity shall be maintained; and

         (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 FEMA shall take precedence over data from other sources.

      (2)   The following specific standards shall be applied to all uses proposed to be located within the floodplain area but not within the floodway portion of the floodplain area. All new construction and substantial improvements of non-residential structures shall have either:

         (a)   The lowest floor, including basement, elevated at least one-tenth foot above the base flood level; and

         (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 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 base flood in the location of the structure.

      (3)   The following general standards and requirements shall be applied to mobile homes located within floodplain areas:

         (a)   Anchoring must meet HUD specifications, per rule 605;

         (b)   An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the County Sheriff Department for mobile home parks and mobile home subdivisions; and

         (c)   Mobile homes within Zones A1-30 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 on 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 division (D)(3) is adopted, where repair, reconstruction, or improvement of streets, utilities, and pads equals or exceeds 50% of the value of the streets, utilities, and pads before the repair, the standards in the divisions above shall be complied with.

      (4)   The following standards shall be applied to all uses proposed to be located within the floodway portion of the floodplain area.

         (a)   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 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, Water Resources Protection, of the Natural Resources and Environmental Protection Act (NREPA), Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended.

         (b)   The placement of mobile homes shall be prohibited.

         (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.

   (E)   Warning and disclaimer of liability.

      (1)   The degree of flood protection required by provisions of this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study.

      (2)   Larger floods may occur on rare occasions.

      (3)   These provisions do not imply that areas outside the floodplain or land uses permitted within such districts will be free from flooding or flood damages nor shall the city or any officer or employee thereof be liable for any flood damages that result from reliance on the provisions of this section or any administrative decision lawfully made thereunder.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Any building requiring yard space shall be located at such an elevation that a finished grade shall be maintained to cause the flow of surface water to run away from the walls of the building. All grades shall be established and maintained so that surface water runoff damage does not occur to adjoining properties prior to, during, and after construction.

   (B)   When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the project engineer shall use the existing established finished grade or the minimum established grade, in determining the proper grade around the new building. The yard around the new building shall be graded in such a manner as to meet existing codes and to preclude normal runoff of surface water to flow onto the adjacent property.

   (C)   Final grades shall be approved by the City Engineer who may require a grading plan, which has been duly completed and certified by a professional engineer or land surveyor.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999