A.

It is the purpose of this article to significantly reduce hazards to person and damage to property as a result of flood conditions in the City of Swartz Creek, 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 rules and regulations promulgated in furtherance of this program by the United States Department of Housing and Urban Development, Federal Emergency Management Agency, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26, 1976, as may be amended from time to time.

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.

6.

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

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

Hazard area boundary defined: The flood hazard area zone shall overlay existing zoning districts designed as the "100-year floodplain" on the official City of Swartz Creek Zoning Map. The boundaries of the flood hazard area zone shall coincide with the boundaries of the areas indicated as within the limits of the 100-year floodplain in the report entitled The Flood Insurance Study City of Swartz Creek, dated May 1, 1979 with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps available for inspection at the Swartz Creek City offices.

B.

Regulatory floodway boundary defined: Within the 100-year floodplain, a regulatory floodway shall be designated. The boundaries of the regulatory floodway shall coincide with the floodway boundaries indicated on the flood boundary and the floodway map. The study and accompanying maps are adopted herein by reference, and declared to be a part of this ordinance and copies which are available at the city offices. 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.

C.

Boundary disputes: Where there are disputes as to the location of a flood hazard area zone boundary, the zoning board of appeals shall resolve the dispute in accordance with Article 15.

(Ord. No. 440, §§ 1, 10, 6-10-19)

Development, including the erection of structures and placement of manufactured homes, within a flood hazard area shall not occur except upon issuance of the applicable permit in accord with applicable requirements and the following standards:

A.

In addition to other requirements of this ordinance 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.

B.

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. In such cases the more stringent requirement shall be applied.

C.

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 section 16.02(b) of the states floodplain regulatory authority found in Part 31, Water Resources Protection and Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

All new construction and substantial improvements within a flood hazard area, including the placement of manufactured homes, shall:

1.

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

2.

Be constructed with materials and utility equipment resistant to flood damage.

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 flood waters into the systems.

C.

All new sanitary sewage systems shall minimize infiltration of flood waters into the systems and 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 designated, constructed and located to minimize or eliminate flood damage.

E.

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

F.

The zoning administrator 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 Emergency Management Agency shall take precedence over data from other sources.

(Ord. No. 440, §§ 1, 10, 6-10-19)

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.

As required by the Michigan Building Code and the Michigan Residential Building Code, all new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated at least one foot above the base flood level.

2.

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

a)

The lowest floor, including basement, elevated at least one foot above the base flood level.

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 registered professional engineer or architect shall certify that the standards of this subparagraph are 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 be submitted as provided in section 16.04 and shall indicate the elevation to which the structure is flood-proofed.

B.

The most recent base flood elevation data received form the Federal Emergency Management Agency shall take precedence over data from other sources.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

All manufactured 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 manufactured home, with two additional ties per side at intermediate locations, except that on manufactured 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 manufactured 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 manufactured home shall be similarly anchored.

B.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed with Genesee County Office of Civil Defense for manufactured housing communities.

C.

Manufactured homes within zones A1—30 on the Flood Insurance Rate Map (FIRM) shall be located in accordance with the following standards:

1.

All manufactured homes shall be placed on stands or lots which are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level.

2.

Adequate surface drainage away from all structures and access for a manufactured 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 manufactured home community which exists at the time this subsection is adopted, where repair, reconstruction or improvement of streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, the standards in subparagraphs A., B., and C. of this subsection shall be complied with.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

New construction, substantial improvements and all other development, including fill, shall be prohibited within zones numbered A1—30 on the FIRM, except where it is demonstrated to the zoning administrator 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. In determining whether a harmful increase will occur, compliance with the National Flood Insurance Act of 1968, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the United States Department of Housing and Urban Development, Federal Emergency Management Agency, as published in the Federal Register, Vol. 41, No. 207, Tuesday, October 26, 1976, as may be amended from time to time, shall be required, provided that the allowable increase shall not exceed one foot. The provisions of this section shall not apply within the regulatory floodway. The provisions of subsection B. shall be applied to land situated within the regulatory floodway.

B.

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 of this prohibition shall only be made upon certification by a registered professional engineer and a permit from the MDEQ that the development proposed will not result in any increases in flood levels during a base flood discharge, and compliance with the National Flood Insurance Act of 1968.

2.

The placement of manufactured homes shall be prohibited except in manufactured home communities which exist at the time this article is adopted.

3.

Development which is permitted in the regulatory floodway shall meet the requirements of sections 16.03 to 16.05.

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 in this article.

(Ord. No. 440, §§ 1, 10, 6-10-19)

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.

B.

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.

C.

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

D.

This ordinance does not imply that areas outside the flood hazard area will be free from flood damage.

E.

This ordinance does not create liability on the part of the City of Swartz Creek or any officer or employees thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

Area of shallow flooding means a designated AO zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and indeterminate, and where velocity flow may be evident.

B.

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

C.

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

D.

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.

E.

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

1.

The overflow in inland or tidal waters.

2.

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

F.

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.

G.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

H.

Flood insurance study is the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.

I.

Flood hazard area means land which on the basis of available floodplain information is subject to a one percent or greater chance of flooding in any given area.

J.

Floodway means the channel of a river or other watercourse and the adjacent land areas designated in the flood insurance study which must be reserved in order to discharge the base flood.

K.

Harmful increase means an unnaturally high stage on a river, stream or lake which causes, or may cause damage to property, threat to life, personal injury, or damage to land or water resources.

L.

MDEQ abbreviation for the Michigan Department of Environmental Quality.

M.

New construction means structures for which the "start of construction" commenced on or after the effective date of this ordinance.

N.

Structure means a walled and roofed building that is principally above ground, gas or liquid storage facility, as well as a manufactured home.

O.

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, (1) before the improvement or repair is started, or (2) 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, flood [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 (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

With regard to the National Flood Insurance Program, and the regulation of the development within the flood hazard area zone as prescribed in Article 25 the duties of the zoning administrator 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 Emergency Management Agency;

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 variance, the increased danger to life and property, and that the cost of flood insurance will increase commensurate with the increased flood risk, and may reach amounts as high as $25.00 for $100.00 of insurance coverage. 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 this ordinance in the absence of data from the Federal Emergency Management Agency.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

In addition to the information required with an application for a site plan approval, building permit, special land use permit or any other type of development permission required under this ordinance 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.

The elevation in relation to mean sea level of the floor, including basement, of all structures.

2.

Where flood-proofing will be employed, the elevation in relation to mean sea level to which a structure will be flood-proofed.

3.

Where flood-proofing will be employed, a certificate from a registered professional engineer or architect that the flood-proofing criteria of this ordinance will be met.

4.

Where it can be determined that development is proposed within zones A1—30 on the FIRM or the regulatory floodway, a certification as required by this ordinance.

5.

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

6.

Proof of development permission from appropriate local, state and federal agencies as required by section 23003(1)c. including a floodplain permit approval, or letter of no authority from the Michigan DEQ under the authority of the state's floodplain regulatory authority found in Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

7.

Base flood elevation data where the proposed development is subject to Public Act 288 of 1967 (MCL 560.101 et seq.) or greater than five acres in size.

8.

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

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

Variances from the provisions of this article shall only be granted by the zoning board of appeals upon a determination of compliance with the general standards for variances contained in Article 15 and each of the following specific standards. The City of Swartz Creek Zoning Board of Appeals may attach conditions to the granting of a variance to ensure compliance with the standards contained in this ordinance.

1.

A variance shall not be granted within a regulatory floodway where the result would be any increase in flood levels during a base flood discharge, except upon certification by a registered professional engineer or the MDEQ 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. In determining whether a harmful increase will occur, compliance with the National Flood Insurance Act of 1968 shall be required, provided that the allowable increase, including the increase used as the design standard for delineating the floodway, shall not exceed one foot.

2.

A variance 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.

c)

A determination that the granting of the variance will not result in flood heights in excess of those permitted by this ordinance; 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.

3.

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

B.

Variances may be granted for the reconstruction, rehabilitation or restoration of structures, 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.

(Ord. No. 440, §§ 1, 10, 6-10-19)

A.

Where disputes arise as to the location of the flood hazard area boundary of the limits of the floodway, the zoning board of appeals shall resolve the dispute and establish the boundary location. In all cases, the decision of the zoning board of appeals shall be based upon the most current floodplain studies issued by the Federal Emergency Management Agency. Where Federal Emergency Management Agency information is not available, the best available floodplain information shall be utilized.

B.

Where a dispute involves an allegation that the boundary is incorrect as mapped and the Federal Emergency Management Agency floodplain studies are being questioned, the zoning board of appeals shall modify the boundary of the flood hazard area or the floodway only upon receipt of an official letter of map amendment issued by the Federal Emergency Management Agency.

C.

All parties to a map dispute may submit technical evidence to the zoning board of appeals.

(Ord. No. 440, §§ 1, 10, 6-10-19)