The following uses shall be permitted in floodplain areas, subject to any limitations described herein and the provisions of Part 301 of the Michigan Natural Resources and Environmental Protection Act, being Act 451 of the Public Acts of 1994 and provided that no alteration of grades will occur:
(a) Gardening, general farming, horticulture, forestry, or any similar agricultural activity.
(b) Public and private open recreation areas, such as parks, playgrounds, play fields, golf courses, and bridle paths.
(c) Railroads, roads, bridges, dams, weirs and public utilities, when designed so as not to increase the possibility of flood or be otherwise detrimental to the public health, safety, and welfare.
(d) Surface parking areas as regulated by Chapter 1290.
(e) Uses permitted by the zoning districts otherwise established for the parcel subject to the regulations of such districts, provided that:
(1) 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 nonresidential structures shall either:
A. Have the lowest floor, including the basement, elevated at least one foot above the base flood level; or
B. Be constructed such that the structure, below base flood level, together with attendant utility and sanitary facilities, 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 licensed professional engineer or architect shall certify that the standards of this paragraph are satisfied, and that the floodproofing 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.
(3) In the area below the upper limit of the floodplain area boundary, dumping, or backfilling with any material in any manner is prohibited, unless, through compensating excavation and shaping of the floodplain area, its flow and impoundment capacity will be maintained or improved, subject to State permitting requirements.
(4) Any filling on banks adjacent to a floodplain area boundary shall have approved erosion control to prevent soil from being washed into the floodplain. City Council shall adopt erosion control standards, which are subject to State Part 91 of the Michigan Natural Resources and Environmental Protection Act, being Act 451 of the Public Acts of 1994. These standards shall be administered by the Genesee County Drain Commissioner Division of Water and Waste Services.
(Res. 24-95. Passed 2-13-95; Ord. 2010-06. Passed 3-8-10.)