The purpose of the Conservation Floodplain Overlay Zone is to apply specific controls on the use of land in those areas of the Township which are subject to predictable and periodic inundation which is principally the area adjacent to the Pere Marquette River, Pere Marquette Lake, Lincoln Lake, Lincoln River and Lake Michigan. Such regulations, while permitting reasonable economic use of said lands, will help protect the public safety and health, and prevent or minimize public and private economic losses caused by periodic flooding, and preserve the ability of floodplains to carry and discharge a base flood.

(Ord. No. 144, 8-13-2019)

For purposes of this Section the following definitions shall apply:

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland waters; (2) The unusual and rapid accumulation of runoff or surface waters from any source.

Flood Hazard Area: Land, which on the basis of available floodplain information is subject to a one percent or greater chance of flooding in any given year.

Flood Insurance Rate Map (FIRM): A map of the Township prepared by the Federal Emergency Management Agency, which identifies the 100- and 500-year floodplain and other related flood information; and which is used as the official floodplain map for flood insurance purposes.

Flood Insurance Study: The official report provided by the Federal Emergency Management Agency containing flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevations of the base flood.

Floodproofing: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway: The channel of a river or other watercourse and the adjacent land areas designated in the Flood Insurance Study which shall be reserved in order to discharge the base flood. Floodway is also the same as the Regulatory Floodway.

100-Year Floodplain: Same as Flood Hazard Area. Also referred to as the floodplain.

(Ord. No. 144, 8-13-2019)

All land and land uses within the designated flood hazard area shall be subject to the terms specified herein and the provisions and requirements of the National Flood Insurance Program, as constituted in accord with the National Flood Insurance Act of 1968, as amended, 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, Vd. 41, 207, October 26, 1976, as amended.

(Ord. No. 144, 8-13-2019)

(a)

The boundaries of the 100-year floodplain within Pere Marquette Charter Township shall be as determined by the report entitled The Flood Insurance Study, Mason County, Michigan, as amended, Federal Emergency Management Agency, with accompanying Flood Insurance Rate Maps, Flood Boundary Maps and Floodway Maps for Pere Marquette Charter Township. Within the floodplain area, a regulatory floodway shall coincide with the floodway boundaries indicated on the Flood Boundary and Floodway Maps.

(b)

Where a dispute involves an allegation that the boundary is incorrect as mapped and Federal Insurance Administration floodplain studies are being questioned, the Township Zoning Administrator shall modify the boundary of the 100-year floodplain only upon receipt of an official letter of map amendment issued by the Federal Insurance Administration.

(Ord. No. 144, 8-13-2019)

This district is an overlay district and is intended to supplement the regulations of any underlying zone. The applicant must therefore conform to the use and bulk area regulations of the underlying district as well as to the specific floodproofing regulations of the Flood Hazard Overlay Area as provided in Article 17.

(Ord. No. 144, 8-13-2019)

(a)

Filling of the Floodplain. Filling within the flood hazard area with any material in any manner which does not involve the construction or installation of a structure or building may be allowed by the Zoning Administrator provided such filling is first approved by the Michigan Department of Environment, Great Lakes and Energy. Evidence of this approval shall be provided to the Zoning Administrator before any filling of the floodplain occurs.

(b)

Construction in the Floodplain. The construction of a structure or building in the floodplain may be permitted upon authorization as a Conditional Land Use in accordance with the provisions of Article 24 herein and the provisions listed below:

(1)

In addition to the information required by Article 23 and Article 24 for submission of a Conditional Land Use request the applicant shall provide the following information:

i.

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

ii.

A certified land survey illustrating the elevation and location of the flood hazard area, areas in the floodplain which are proposed to be filled and the proposed structure and/or building and appropriate additional site information as deemed necessary by the Planning Commission.

iii.

Proof that the proposed development has been approved by the Michigan Department of Environment, Great Lakes and Energy and other applicable state and federal agencies shall be provided as a condition of approval.

(2)

In approving a Conditional Land Use for construction in the floodplain the following standards shall be met:

i.

New or replaced water supply shall be so designed as to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwater;

ii.

On-site waste water disposal systems shall be located so as to avoid impairment of or contamination from the systems during flooding;

iii.

When the limit of the 100-year flood has been provided by the Federal Insurance Administration, all structures shall have the lowest habitable floor elevated to at least one foot above the 100-year flood elevation or together with attendant utility and sanitary facilities, shall be floodproofed to at least one foot above the 100-year flood elevation;

iv.

New construction must be anchored to prevent flotation, collapse, or lateral movement due to floodwater related forces;

v.

Construction methods and practices used shall minimize flood damage;

vi.

Construction materials and utility equipment used shall be resistant to flood damage or located to avoid flood damage;

vii.

The applicant shall provide appropriate building and site plans and engineering data to demonstrate compliance with the above standards.

(Ord. No. 144, 8-13-2019)

(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.

(b)

Approval of the use of land under this Section shall not be considered a guarantee or warranty of safety from flood damage. This Ordinance does not imply that areas outside the 100-year floodplain will be free from flood damage. This Ordinance does not create liability on the part of Pere Marquette Charter Township or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

(Ord. No. 144, 8-13-2019)