(A) Lots, parcels or condominium sites proposed to be created under the Township Land Division Ordinance (Chapter 153), the Township Subdivision Regulations Ordinance, or under the condominium provisions of this chapter shall not be certified for zoning compliance and a zoning compliance permit issued if the lot, parcel or condominium site is located within a flood-prone area as identified on the flood insurance rate map (FIRM) issued by the Federal Insurance Administration, or the lot, parcel or condominium within an area not so identified but otherwise known by the Zoning Administrator to be a flood-prone area, unless:
(1) All the proposals shall be consistent with the need to minimize flood damage within the flood-prone area;
(2) Adequate drainage is provided to reduce exposure to flood hazards; and
(3) All utilities and facilities, whether public or private, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage and infiltration of flood water into the systems.
(B) When buildings or structures are to be located upon lots, parcels or condominium sites identified as flood-prone as indicated above, whether the flood-prone areas are mapped or unmapped, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall:
(1) Be established at an elevation to minimize or prevent flood damage and for dwelling units the lowest floor used for living purposes (including all normal and necessary mechanical equipment) shall be established at an elevation one foot above the 100-year flood elevation;
(2) Be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure;
(3) Be constructed with materials and utility equipment resistant to flood damage; and
(4) Be constructed by methods and practices that minimize flood damage.
(C) All plans submitted, except those in connection with single-family dwellings, two-family dwellings or farm buildings, shall be prepared by a registered professional engineer.
(D) All applications for permits under this section shall be accompanied by a written description of the proposed action, the reason for the proposed action, a plan drawn to scale prepared by a registered professional engineer showing the existing and proposed drainage patterns, and payment of the required inspection fee.
(E) Prior to the issuance of a permit, the Zoning Administrator shall examine the application and plan, make a site inspection of the property involved and make a determination that the proposed action will not cause an increase in the runoff or flow of water onto adjacent properties beyond that which would occur without the proposed action. (Also see § 154.011.) In making his or her determination, the Zoning Administrator shall refer to the county drain map for the township as prepared by the County Drain Commissioner, the USGS quadrangle maps covering the township, official flood hazard boundary and flood insurance rate maps as prepared by the Federal Emergency Management Agency (FEMA), and other applicable sources of information regarding drainage patterns. In cases where an engineered plan would not normally be required, the Zoning Administrator may nevertheless require a plan, prepared by a registered professional engineer, to be submitted if the Zoning Administrator deems the information essential in making a determination.
(F) Upon completion of the proposed action, the Zoning Administrator shall make an additional visit to the site and make a determination that the proposed action was completed in accordance with the terms of the permit and, if satisfactory, shall issue a certificate of completion.
(G) In no case shall a zoning compliance permit or certificate of completion be issued when, in the determination of the Zoning Administrator, the proposed action is likely to cause, or the completed action causes, an increase in the runoff or flow of water onto adjacent properties beyond that which would occur without the proposed or completed action.
(H) In cases involving official county drains, sole jurisdiction shall rest with the County Drain Commissioner.
(I) In cases involving county road ditches, sole jurisdiction shall rest with the Board of County Road Commissioners.
(J) Nothing contained herein shall be construed to prohibit or interfere with the installation or alteration of normal, proper and generally accepted agricultural drainage methods and systems when part of a bona fide farm.
(K) Fee for applications made pursuant to this section shall be paid at the time of application for a permit. The amount of the fees shall be established by the Township Board and shall cover the cost necessary to conduct and complete the reviews.
(Ord. passed 6-28-2006)