(A) Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
(B) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for East Grand Rapids,” dated March, 1980, with accompanying flood insurance rate map is hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at the office of the Director of City Services.
(C) Floodway protection standards. New construction, substantial improvements and all other development, including fill, shall be prohibited within zone number A1 on the FIRM, except where it is demonstrated to the administrator that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not harmfully increase the water surface elevation of a base flood. In determining whether a harmful increase will occur, compliance with Public Act 451 of 1994, being M.C.L.A. §§ 324.1301 et seq. shall be required, provided that the allowable increase shall not exceed one foot. Zone A1 on the FIRM shall be considered to be the floodway.
(D) Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. For each violation, and in addition, the violator shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(E) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other provisions of this code, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Prior Code, § 5.303)
Statutory reference:
Related provisions,
see M.C.L.A. §§ 323.1301 et seq.