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 of Newaygo, 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 re-designated at 44 FR 31177, May 31, 1979.

B.

Further, the objective of this Chapter includes:

(1)

The protection of human life, health, and property from 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 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.

A.

The flood hazard area zone shall overlay existing zoning districts delineated on the official Newaygo Zoning map. The boundaries of the flood hazard area zone shall coincide with the boundaries of the areas of special flood hazards (A zone) designated by the Federal Insurance Administration in the Flood Hazard Boundary Map (FHBM) No. H01-03, dated September 12, 1975, and appended, and declared to be a part of this Ordinance. The term flood hazard area as used in this Ordinance shall mean the flood hazard zone area.

B.

Where there are disputes as to the location of a flood hazard area zone boundary, the Zoning Administrator shall gather information from all relevant sources and based upon this information make a determination as to boundary. If this decision is unsatisfactory, the Zoning Board of Appeals shall resolve the dispute.

C.

In addition to other requirements of this Ordinance, applicable to development in the underlying zoning districts, 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 Ordinance 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.

A.

Development, including the erection of structures, within a flood hazard area shall not occur except upon issuance of a building permit in accord with the requirements of this Ordinance and the following standards:

(1)

The requirements of this Chapter shall be met.

(2)

The requirements of the underlying zoning district and applicable General Provisions of this Ordinance must be met.

(3)

All necessary permits shall have been issued by appropriate local, state, and federal authorities, including a flood plain permit, approval or letter of authority from the Michigan Department of Natural Resources under authority of Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968. 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 the flood hazard area, including the placement of prefabricated buildings, 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 floor 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 system.

C.

All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of flood waters into the systems that discharges from systems into flood waters. 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 Building Inspector, or his/her representative, shall review development proposals to determine compliance with the standards in this section, and shall transmit his/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 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 Emergency Management Administration (FEMA) shall take precedence over data from other sources.

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

A.

All new construction and substantial improvements of non-residential structures shall have either:

(1)

The lowest floor, including basement, elevated to one (1) foot above the base flood level, or

(2)

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 their flood proofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and other factors associated with the base flood in the location of the structure. Such certification shall indicate the elevation to which the structure is flood proofed.

B.

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

A.

All manufactured homes shall meet the National Manufactured Home Construction and Safety Standards Act, commonly known as the HUD (United States Department of Housing and Urban Development) Code.

B.

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 (2) additional ties per side at intermediate locations.

(2)

Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points.

(3)

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

(4)

All additions to a mobile home shall be similarly anchored.

A.

The degree of flood protection required by this Ordinance 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 Ordinance does not imply that areas outside the flood hazard area will be free from flood damage. This Ordinance does not create liability on the part of the City of Newaygo or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made there under.