The Floodplain (FP) District is hereby established for the purpose of significantly reducing hazards to persons and damage to property as a result of flood conditions in the City of Riverview, and to comply with the provisions and requirements of the National Flood Insurance Program, and rules promulgated by the Federal Emergency Management Agency (FEMA) and Michigan Department of Natural Resources and Environment (MDNRE).

The further objectives of this Article are to:

1.

Protect human life, health and property from the dangerous and damaging effects of flood conditions.

2.

Minimize 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.

Prevent private and public economic loss and social disruption as a result of flood conditions.

4.

Maintain stable development patterns, and minimize the blighting influence of flood damage.

5.

Ensure that the public has access to information indicating the location of land areas subject to periodic flooding.

6.

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

(Ord. No. 653, art. I, 6-4-12)

Compliance with the requirements of this Article shall be necessary for all development occurring within the flood hazard area zone, in addition to all other requirements of this Ordinance applicable to development in the underlying zoning district.

Conflicts between the requirements of this Article and other requirements of this Ordinance or other City ordinances shall be resolved in favor of this Article, except where the conflicting requirement is more stringent and would further the objectives of this Article. In such cases the more stringent requirement shall be applied.

(Ord. No. 653, art. I, 6-4-12)

The flood hazard area zone shall overlay upon existing zoning districts delineated on the official City of Riverview Zoning Map. The boundaries of the areas indicated shall follow the limits of the 100-year floodplain as indicated in the currently adopted report entitled "The Flood Insurance Study the City of Riverview" with accompanying Flood Insurance Rate Maps (FIRM) and flood boundary and floodway maps.

1.

The term "flood hazard area", as used in this Ordinance, shall mean the flood hazard area zone, and the term "floodway" shall mean the designated regulatory floodway.

2.

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 most recent flood boundary and floodway map for the City of Riverview.

3.

The zone shall be modified by approved Letters of Map Amendments (LOMA), or Letters of Map Revision (LOMR).

4.

Where there are disputes as to the location of a flood hazard area zone boundary, the City Engineer shall resolve the dispute.

(Ord. No. 653, art. I, 6-4-12)

Development within a flood hazard area shall not occur except upon issuance of a zoning permit, and in accordance with the following standards:

1.

The requirements of this Article for the underlying zoning district(s), and applicable general provisions of this Ordinance have been met.

2.

All necessary development permits have been issued by appropriate local, state and federal authorities. Where a development permit cannot be issued prior to the issuance of a zoning permit, a letter from the issuing agency indicating intent to issue, contingent only upon proof of zoning compliance, shall be acceptable.

(Ord. No. 653, art. I, 6-4-12)

A.

New Construction and Substantial Improvements. All new construction and substantial improvements within a flood hazard area shall be:

1.

Designed and anchored to prevent flotation, collapse or lateral movement of the structure.

2.

Constructed with materials and utility equipment resistant to flood damage.

3.

Constructed by methods and practices that minimize flood damage.

B.

Utility Systems.

1.

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

2.

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.

3.

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

4.

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

C.

Determinations. The City Engineer or his representative shall review development proposals to determine compliance with the standards in this Article, and shall transmit his determination to the Community Development Director.

D.

Land Division. Land shall not be divided in such a manner that it would create parcels or lots which cannot be used in conformance with the requirements of this Article.

E.

Capacity. Permitted alterations to or relocations of any watercourse not subject to state or federal regulations shall be designed to maintain the flood carrying capacity of the watercourse.

F.

Flood Hazard Data. Available flood hazard data from federal, state or other sources shall be reasonably utilized in meeting the standards of this Article. Data furnished by the Federal Emergency Management Agency (FEMA) shall take precedence over data from other sources.

(Ord. No. 653, art. I, 6-4-12)

A.

Flood Hazard Area Zone Standards. 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 any future substantial improvements of existing residential structures shall have the lowest floor, including enclosed areas, crawl spaces and basements, elevated a minimum one foot above the "base flood level."

2.

All new construction and any future substantial improvements of nonresidential structures, together with attendant utility and sanitary facilities, shall either have the lowest floor and basement elevated a minimum one foot above the base flood level, or the structure shall be watertight a minimum one foot above base flood level and below, with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic effects of buoyancy.

A registered professional engineer or architect shall certify that the standards of this Section have been satisfied, and that the flood-proofing 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 indicate the elevation to which the structure is flood-proofed.

The professional engineer or architect who designed such flood-proofing shall inspect flood- proofing methods employed as built and certify their adequacy prior to covering the construction.

B.

Flood Elevation Data. The most recent base flood elevation data furnished by the Federal Emergency Management Agency (FEMA) shall take precedence over the data from other sources.

(Ord. No. 653, art. I, 6-4-12)

A.

Anchoring System. All residential dwellings shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties in accordance with the following specifications:

1.

Over-the-top ties shall be provided at each of the four (4) corners of the residential dwelling, with two (2) additional ties per side at intermediate locations, except that on residential dwellings less than 50 feet in length only one (1) tie per side shall be required.

2.

Frame ties shall be provided at each corner of the dwelling with five (5) additional ties per side at intermediate points, except that on residential dwellings less than 50 feet in length, four (4) 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 residential dwelling shall be similarly anchored.

B.

Evacuation Plan. An evacuation plan indicating alternate vehicular access and escape routes for new residential developments shall be filed with the City's Fire Chief and Police Chief.

C.

Location. Residential dwellings within zones A1—A30 on the flood insurance rate map shall be located in accordance with the following standards:

1.

All residential dwellings shall be placed on stands or lots which are elevated on compacted fill, or on pilings so that the lowest floor of the residential dwelling will be a minimum one foot above the base flood level.

2.

Adequate surface drainage away from all structures 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 10 feet apart, and reinforcement shall be provided for piers more than six (6) feet above ground level.

4.

In residential developments that exist at the time this subsection is adopted, where repair, reconstruction or improvement of streets, utilities and pads equal or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, the standards of this subsection C shall be fully met.

(Ord. No. 653, art. I, 6-4-12)

A.

Development Restrictions Outside of the Regulatory Floodway. New construction, substantial improvements and all other development, including fill, shall be prohibited within zones numbered A1—A30 on the FIRM (flood insurance rate map), except where it is demonstrated to the city engineer 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. The provisions of this Section shall not apply within the regulatory floodway. These regulations shall not exempt the applicant from compliance with any federal or state requirements.

B.

Development Restrictions Within the Regulatory Floodway. 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 that the development proposed will not result in any increase in flood levels during a base flood discharge.

2.

The placement of residential dwellings shall be prohibited except in residential developments which exist at the time this Article is adopted.

3.

Development that is permitted in the regulatory floodway shall meet the requirements of this Article.

C.

Use Restrictions Within the Regulatory Floodway. 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.

(Ord. No. 653, art. I, 6-4-12)

A.

Duties of the City Engineer. The duties of the City Engineer with regard to the National Flood Insurance Program and the regulation of development within the flood hazard area zone shall include, but are not limited to:

1.

Notification to appropriate state and federal agencies with jurisdiction of the proposed alteration or relocation of any watercourse.

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 flood-proofed structures, the elevation to which the structure was flood-proofed.

3.

Recording of all certificates of flood-proofing, and written notification to all applicants to whom variances are granted in a flood hazard area zone indicating the terms of the variances, the increased danger to life and property, and that the cost of flood insurance will increase commensurate with the increased flood risk. A record of all variance notifications and variance actions shall be maintained together with the justification for each variance.

4.

The City Engineer cannot vary any federal or state requirement.

B.

Data and Records.

1.

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

2.

It shall be the responsibility of the City Engineer to obtain and utilize the best available flood hazard data for purposes of administering this Ordinance in the absence of data from the Federal Emergency Management Agency (FEMA).

(Ord. No. 653, art. I, 6-4-12)

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. 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 Riverview or of any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.

(Ord. No. 653, art. I, 6-4-12)