(a) It is the purpose of this chapter to protect the health, safety and general welfare of persons and property by protecting the flood plains, floodway, watercourses and wetlands of the Charter Township of Clinton, Macomb County, Michigan; to regulate the use of land areas subject to periodic flooding; to protect economic property values, aesthetic and recreational values and other natural resource values associated with the flood plains and wetlands of this Township; to provide for review procedures for the use of these resource areas; and to provide for penalties for the violation of this chapter adopted to secure the public health, safety and general welfare under the combined authority of Act 246 of the Public Acts of 1945 (Township Regulatory Ordinances), as amended; Act 184 of the Public Acts of 1943 (Township Rural Zoning Act), as amended; Act 127 of the Public Acts of 1970 (Environmental Protection Act), as amended; Act 347 of the Public Acts of 1972 (Soil and Sedimentation Control Act), as amended; Act 346 of the Public Acts of 1972 (Inland Lakes and Streams Act), as amended; Act 167 of the Public Acts of 1968 (Flood Plain Control Act), an amendment to Act 245 of the Public Acts of 1929 (Water Resource Commission Act); the National Flood Insurance Act of 1968, as amended; the Flood Disaster Protection Act of 1973, as amended; and Act 203 of the Public Acts of 1979 (Wetland Protection Act), as amended.
(b) The objectives of this chapter are to:
(1) Provide for the protection, preservation, proper maintenance and use of Township watercourses and wetlands in order to minimize disturbance to them and to prevent damage from erosion, turbidity or siltation, a loss of fish or other beneficial aquatic organisms, a loss of wildlife and vegetation and/or from the destruction of the natural habitat thereof.
(2) Provide for the protection of the Township potable fresh water supplies from the dangers of drought, overdraft, pollution or mismanagement which will affect human animal or plant life.
(3) Secure safety from damaging flood heights and velocities caused by obstructed flows and reduced storage; reduce the financial burdens imposed upon the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding; prevent loss of life, property damage and other losses and risks associated with flood conditions; and preserve the location, character and extent of natural drainage courses.
(4) Promote the public health, safety and general welfare and minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health.
B. Minimize expenditure of public money for costly flood-control projects.
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. Minimize prolonged business interruptions.
E. Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard.
F. Ensure that potential buyers are notified that property is in an area of special flood hazard.
G. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(c) In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3) Controlling the alteration of natural flood plains, stream channels and natural protective barriers which help accommodate or channel flood waters.
(4) Controlling filling, grading, dredging and other development which may increase flood damage.
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 260-A-204. Passed 8-13-90.)