1.

Purpose. It is the purpose of this district to significantly reduce hazards to persons and damage to property as a result of flood conditions in the City of Watervliet requirements of the National Flood Insurance Program, as constituted in accord with the National Flood Insurance Act of 1968, and subsequent additions, amendments and deletions, and the rules and regulations promulgated in furtherance of this program by the United States Department of Housing and Urban Development, Federal Insurance Administration, as published in the Federal Register, Vol.41, No. 807, Tuesday, October 26, 1976, together with subsequent additions, amendments and deletions.

2.

Delineation of floodplain overlay district.

a)

The floodplain district shall overlay existing zoning districts delineated on the official City of Watervliet zoning map. The boundaries of the floodplain overlay district shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood boundary in the report entitled, "The Flood Insurance Study, City of Watervliet," (date), with accompanying flood insurance rate, flood boundary and floodway maps. The boundaries designate a regulatory floodplain and shall coincide with the 100-year flood boundary indicated on the flood boundary and floodway map. The study and accompanying maps are adopted by reference, appended and declared to be a part of this ordinance. The term "floodplain district," as used in this ordinance, shall mean the floodplain overlay district and shall be the designated regulatory floodplain.

b)

Where there are disputes as to the location of a floodplain overlay district boundary or the limits of the floodway, the zoning board of appeals shall resolve the dispute in accord with the following rules:

(1)

Where disputes arise as to the location of the floodplain overlay district boundary or the limits of the floodway, the zoning board of appeals shall be based upon the most current floodplain studies issued by the Federal Insurance Administration. Where Federal Insurance Administration information is not available, the best available floodplain information shall be utilized.

(2)

Where a dispute involves an allegation that the boundary is incorrect as mapped and Federal Insurance Administration 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 Insurance Administration.

(3)

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

c)

In addition to other requirements of this ordinance applicable to the development on the underlying zoning district, compliance with the requirements of this article shall be necessary for all development occurring within the floodplain overlay 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. In such cases the more stringent requirement shall be applied.

3.

Permitted uses. Notwithstanding any other provisions of this ordinance, no building or structure shall be erected, converted or structurally altered and no land and/or structure shall be used in the floodplain district except for one or more of the following uses:

a)

Gardening, horticulture, open recreational uses such as parks, playgrounds, playfields, athletic fields, golf courses, bridle paths and nature paths.

b)

In the area outside the 100-year floodplain, uses permitted by the zoning district otherwise established for the lot, subject to the regulations of such district: provided, however, [that] the elevation of the lowest floor designed or intended for human use or habitation, including basements, shall be at least three feet above the elevation of the nearest point of the 100-year floodplain designated in section 10.01, 2.

c)

In the area within the 100-year floodplain, land may be used to supply open space or lot area requirements of a lot partially located outside, provided, however, no building or structure shall be located within the 100-year floodplain.

4.

Accessory uses. Within the 100-year floodplain area, off-street parking is permitted as a use accessory to a principal use outside the 100-year floodplain on the same lot. However, no building, structure, or equipment other than boundary monuments are permitted within the 100-year floodplain as an accessory use.

5.

Special uses.

a)

In the area within the 100-year floodplain, dumping or backfilling with any material in any manner is prohibited unless through compensating excavation and shaping of the floodplain, the flow and impoundment capacity of the floodplain will be maintained or improved, and unless all applicable state regulations are met.

b)

In the area within the 100-year floodplain, the construction or location of bridges, outdoor play equipment, bleachers and similar outdoor equipment and appurtenances is prohibited unless such elements would not cause an increase in water surface elevation, obstruct flow or reduce the impoundment capacity of the floodplain. In addition, all equipment shall be anchored to prevent flotation and lateral movement. Approval of a special use permit for any of the above shall be subject to an engineering finding by a registered engineer that the above requirements are satisfied, also subject to approval by the city engineer.

6.

Construction. No building or structure shall be erected, converted or structurally altered or placed and no land filled or structure used in a floodplain district, unless a permit therefor shall have first been obtained from the City of Watervliet zoning administrator after due compliance is shown with all city ordinances, state statutes and federal regulations.

7.

Utilities. All on-site new and replacement water and sewer systems and appurtenances in the floodplain shall be designed to minimize infiltration of floodwaters and so constructed so as to avoid impairment that might otherwise result from flooding.

8.

Alteration of watercourses. No alteration of any watercourse in the floodplain district shall be undertaken unless and until neighboring communities and the Michigan Department of Natural Resources shall have first been notified and provided with detailed plans and specifications prepared by a registered engineer. Such plans shall show full compliance with local ordinances, state statutes, state regulatory agencies and federal regulations and shall make provisions for maintaining the full carrying capacity of the altered watercourse.

9.

Penalties. Any building or structure which is erected, altered, maintained or changed in violation of any provision of this ordinance is hereby declared to be a nuisance, per se. The city commission and the duly authorized attorney for the City of Watervliet and the prosecuting attorney for the county may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, enjoin, abate or remove any unlawful erection, alteration, maintenance or use of lands in the floodplain district.

10.

Disclaimer of liability. 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 section shall not be considered a guarantee or warranty or 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 Watervliet or any officer or employees thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.