(A) The township currently participates in the Federal Emergency Management Agency’s (FEMA’s) national flood insurance program (NFIP) by complying with the program’s applicable statutory and regulatory requirements for the purposes of significantly reducing flood hazards to persons, reducing property damage and reducing public expenditures, and providing for the availability of flood insurance and federal funds or loans with its community.
(B) The NFIP requires that floodplain management regulations must be present and enforced in participating communities, and utilize the following definitions which also apply for the purposes of this regulation. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FLOOD or FLOODING.
(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from any source; and
3. Mudflows.
(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding, as defined in paragraph (a) of this definition.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of community, issued by the FEMA, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zone A, M and/or E. (This is to be included only if the FEMA has issued a FHBM for the community).
FLOODPLAIN. Any land area susceptible to being inundated by water from any source. (See definition of FLOODING.)
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision, regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power that provide standards for the purpose of flood damage prevention and reduction.
STRUCTURE. A walled and roofed building that is principally above ground, gas or liquid storage facility, as well as a mobile home or manufactured unit.
(C) The Stille-Derossett-Hale Single State Construction Code Act, Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 through 125.1531, as amended (Construction Code Act), along with its authorization of the State Construction Code composed of the State Residential Code and the State Building Code (and its Appendices (specifically Appendix G if adopted by the community)) contains floodplain development and management regulations that comply with the FEMA NFIP minimum floodplain management criteria for flood prone areas, as detailed in 44 C.F.R. § 60.3.
(D) By an ordinance adoption action dated May 12, 2010, the community accepted the responsibility to administer, apply and enforce the provisions of the Construction Code Act and the State Construction Code, specifically the State Residential Code and the State Building Code, to all construction within its community boundaries, and Community B has agreed to enforce those codes on behalf of Community A (if appropriate).
(E) To maintain eligibility and continued participation in the NFIP:
(1) The community directs its designated enforcing agent for the Construction Code Act;
(2) An appointed official to administer, apply and enforce the floodplain management regulations as contained in the State Construction Code (including Appendix G, if adopted) and to be consistent with those regulations by:
(a) Obtaining, reviewing and reasonably utilizing flood elevation data available from federal, state or other sources pending receipt of data from the FEMA to identify the flood hazard area and areas with potential flooding;
(b) Ensuring that all permits necessary for development in floodplain areas have been issued, including a floodplain permit, approval or letter of no authority from the State Department of Environmental Quality under the floodplain regulatory provisions of Part 31, “Water Resources Protection”, of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.101 et seq., as amended;
(c) Reviewing all permit applications to determine whether the proposed building sites will be reasonable safe from flooding. Where it is determined that a proposed building will be located in a flood hazard area or special flood hazard area, the Construction Code Act enforcing agent shall implement the following applicable Codes according to their terms:
1. Floodplain management regulation portions and referenced codes and standards of the current State Residential Code;
2. Floodplain management regulation portions and referenced codes and standards of the current State Building Code; and
3. Appendix G of the current State Building Code, if adopted.
(d) Reviewing all proposed subdivisions to determine whether such proposals are reasonably safe from flooding and to ensure compliance with all applicable floodplain management regulations;
(e) Assisting in the delineation of the flood hazard areas; providing information concerning uses and occupancy of the floodplain or flood-related erosion areas, maintaining flood proofing and lowest floor construction records, cooperating with other officials, agencies, and persons for floodplain management;
(f) Advising FEMA of any changes in community boundaries, including appropriate maps; and
(g) Maintaining records of new structures and substantially improved structures concerning any certificates of flood proofing, lowest floor elevation, basements, flood proofing and elevations to which structures have been flood proofed.
(3) The community assures the Federal Insurance Administrator (Administrator) that it intends to review, on an ongoing basis, all amended and revised FHBMs and flood insurance rate maps (FIRMs) and related supporting data and revisions thereof and revisions of 44 C.F.R part 60, Criteria for Land Management and Use, and to make such revisions in its floodplain management regulations as may be necessary to continue to participate in the program; and
(4) The community further assures the Administrator that it will adopt the current effective FEMA flood insurance study (FIS), FHBMs and/or the FIRMs by reference within its floodplain management map adoption ordinance or similarly binding ordinance documentation.
(Ord. passed 4-12-2010)