§ 153.509 GENERAL PROVISIONS OF BOTH THE FLOODWAY AND FLOODWAY FRINGE AREAS.
   The following restrictions constitute those general provisions which shall govern development, construction, improvement, and relocation within the Floodplain District. The provisions of 44 CFR Part 60.3 shall apply along with the provisions of the Stille-DeRossett-Hale Single State Construction Code Act, Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, and Appendix G of the Michigan Building Code 2015.
   (A)   All persons proposing development within the Floodplain District shall obtain approved permits from those government agencies having jurisdiction over floodplain development. No building permit or certificate of occupancy shall be issued until all such aforementioned permits have been obtained and have been reviewed by the Chief Inspector.
   (B)   (1)   Developers of new, substantially improved, or relocated structures within the Floodplain District shall submit to the Chief Inspector a written document indicating:
         (a)   The elevation of the lowest floor in the structure including basement;
         (b)   The elevation to which a structure has been floodproofed, if floodproofing methods have been employed; and
         (c)   Whether or not the structure contains a basement.
      (2)   Details of specifications proposed, and as-built drawings shall be kept on record and available for public inspection and for use in determining flood insurance risk premium rates.
      (3)   Where applicable, a letter of approval from the Michigan Department of Environment, Great Lakes, and Energy (EGLE);
   (C)   Persons wishing to develop in areas designated as "A" Zones on the Flood Insurance Rate Map (that "A" having no number affixed to the designation) shall provide intermediate regional floodplain elevations with on-site reference marks set by a registered civil engineer, architect, or land surveyor. Such elevations shall be subject to review by the Department of Engineering.
   (D)   When floodproofing measures are employed, a registered engineer or architect shall certify that methods used produce a watertight condition and are adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and any other factors associated with the intermediate regional floodplain elevation.
   (E)   All new construction and substantial improvements made to existing structures, including mobile homes, shall be firmly anchored to prevent flotation and lateral movement, and shall be constructed with flood-resistant materials and methods.
   (F)   If new and replaced utility, water, and sanitary facilities must be located below elevation of the intermediate regional floodplain, they shall be constructed so as to be watertight, to resist hydrostatic and hydrodynamic loads, and to be resistant to the effects of buoyancy. All measures to floodproof utility and sanitary facilities are subject to the approval of the Department of Engineering.
   (G)   On-site waste disposal systems such as septic tanks and leach fields shall be located to avoid impairment by flood waters associated with the intermediate regional flood level.
   (H)   The application or discharge of persistent toxic compounds whose direct or indirect effects through residuals have a half-life greater than six months, or landfill or any decomposable material, onto or within those areas defined as Floodway or Floodway Fringe Areas is strictly forbidden.
   (I)   Service facilities such as electrical and heating equipment shall be constructed at or above the intermediate regional flood protection elevation for the particular area or shall be floodproofed.
   (J)   Fill or other materials shall be protected against erosion by rip-rap, vegetative cover, or bulkheading.
   (K)   Should any watercourse relocation or alteration be proposed, notification of said change in the watercourse shall be sent by the developer to all adjacent communities, to the Michigan Department of Environment, Great Lakes, and Energy (EGLE), and to the Federal Emergency Management Agency (FEMA). With the altered or relocated portion of any watercourse, the carrying capacity shall be maintained.
   (L)   Nothing in this subchapter shall be construed to prevent any permanent structures being constructed on piles meeting the requirements of the city's Building Code.
   (M)   All subdivision proposals and proposals for new development shall be designed and located to be consistent with the need to minimize flood damage. In addition, all subdivision proposals shall have public utilities and facilities such as sewer, gas, electric, and water systems located and constructed to minimize flood damage.
   (N)   Base flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.
(Prior Code, § 153.544) (Ord. D-1418, § 2404, passed 11-22-1982, effective 1-21-1983; Ord. O-257, passed 7-10-2023, effective 7-20-2023)