(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 village, 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 the 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.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Area of special flood hazard means land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as zone A.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Cross reference— Definitions generally, § 1-2.

(a)

The flood hazard area zone shall overlay existing zoning districts delineated on the official village zoning map. The boundaries of the flood hazard area zone shall coincide with the boundaries of the areas of special flood hazards (A zones) designated by the Federal Insurance Administration in the flood hazard boundary map (FHBM) No. H01, dated July 18, 1975, and amendments thereto, which are adopted by reference, appended, and declared to be a part of this article. The term "flood hazard area" as used in this article, shall mean the flood hazard area zone.

(b)

Where there are disputes as to the location of a flood hazard area zone boundary, the board of zoning appeals shall resolve the dispute in accordance with article XI of this chapter.

(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 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 to a greater extent than the requirements of this article. In such cases the more stringent requirement shall be applied.

Development, including the erection of structures and placement of mobile homes within a flood hazard area zone, shall not occur except upon issuance of a zoning compliance permit in accordance with the requirements of section 78-833 and the following standards:

(1)

The requirements of this article shall be met.

(2)

The requirements of the underlying zoning district and applicable general provisions of this article must 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 natural resources 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.

(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. On-site 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 village zoning inspector or his representative shall review development proposals to determine compliance with the standards in this section, 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 regulations 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 Insurance Administration shall take precedence over data from other sources.

(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 above the base flood level.

(2)

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

a.

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

b.

Floodproofed to or above the base flood level.

(b)

The most recent base flood elevation data received from the Federal Insurance Administration shall take precedence over data from other sources.

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.

(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. Approval of the use of land under this article shall not be considered a guarantee or warranty of safety from flood damage.

(b)

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

(a)

With regard to the National Flood Insurance Program, and the regulation of development within the flood hazard area zone as prescribed in section 78-743, the duties of the zoning inspector 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 constructed within the flood hazard area, and in the case of floodproofed structures, the elevation to which the structure was floodproofed; and

(3)

Recording of all certificates of floodproofing.

(b)

All records and maps pertaining to the National Flood Insurance Program shall be maintained in the office of the zoning inspector and shall be open for public inspection.

(c)

It shall be the responsibility of the zoning inspector to obtain and utilize the best available flood hazard data for purposes of administering this article in the absence of data from the Federal Insurance Administration.

In addition to the information required with an application for a zoning compliance permit, special use permit 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:

(1)

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

(2)

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

(3)

Proof of development permission from appropriate local, state, and federal agencies as required by section 78-744, including a floodplain permit approval, or letter of no authority from the state department of natural resources under authority of Part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.);

(4)

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 acres in size; and

(5)

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

(a)

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

(1)

A variance under this article shall be granted only upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a variance will not result in a harmful increase in flood heights, 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.

(2)

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

(b)

The village board of zoning appeals may attach conditions to the granting of a variance to ensure compliance with the standards contained in this chapter.

(c)

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.