A. Purpose. It is the purpose of this section to significantly reduce hazards to persons and damage to property as a result of flood conditions in Williamstown Township, and to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accord with the National Flood Insurance Act of 1968, and subsequent enactments and the rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency. Further, the objectives of this section include:
1. The protection of human life, health, and property from the dangerous and damaging effects of flood conditions;
2. The minimization of public expenditures for flood control projects, rescue and relief efforts in the aftermath of flooding, repair of flood damaged public facilities and utilities, and the redevelopment of flood damaged homes, neighborhoods, commercial, and industrial areas;
3. The prevention of private and public economic loss and social disruption as a result of flood conditions;
4. The maintenance of stable
patterns not subject to the blighting influence of flood damage;
5. To ensure that the public has access to information indicating the location of land areas subject to periodic flooding; and
6. To preserve the ability of
to carry and discharge a
.
B. Delineation of flood hazard area.
1. The regulations in this section apply to the flood hazard area. The boundaries of the flood hazard area, for the purposes of these regulations, shall coincide with the boundaries of the 100-year flood area delineated on the Flood Boundary and Floodway Map for Williamstown Township (dated 8/16/11). This map is adopted by reference, appended, and declared to be a part of this Ordinance. The most recent
elevation data received from the Federal Emergency Management Agency shall take precedence over data from other sources.
2. Where there are disputes as to the location of a flood hazard area boundary, the
shall resolve the dispute in accord with § 29.05.
3. In addition to other requirements of this Ordinance, compliance with the requirements of this section shall be necessary for all
occurring within the flood hazard area. If there is a conflict between the requirements of this section and other requirements of this Ordinance or any other ordinance, the requirement that furthers the objectives of this section to the greatest extent shall apply.
C. Permitted
in the flood hazard area. Within the flood hazard area, no land shall be used except for one or more of the following uses, which have a low flood damage potential and present no, or minimal obstruction to flood flows. Such uses are permitted to the extent that they are not prohibited by any other ordinance and provided they do not require new
,
, or storage of materials or equipment, unless specifically permitted by the regulations herein. No use shall in any manner affect the capacity of the channels or
of any tributary to the main stream, drainage ditch, or any other drainage facility or system.
1. Agriculture, pasture land, and animal grazing.
2. Site grading.
3. Harvesting of a native or wild crop permitted by law such as wild rice, marsh hay, berries, and seeds.
4. Harvesting of trees.
5. Parks, picnic areas, playgrounds, playfields, athletic fields,
, par three
, golf driving ranges, bridle paths, nature paths, and trails.
6. Wildlife preserves.
7. Fishing, trapping, and hunting in compliance with current laws and regulations.
8. Hunting and conservation
, and noncommercial archery, rifle, and shooting ranges.
9. Historic sites and
.
10. Swimming beaches, fishing, and boating docks in accord with the provisions of Part 301 of the Natural Resources and Environmental Protection Act, Michigan Public Act 451 of 1994, being M.C.L.A. §§ 324.30101 through 324.83109, as amended.
11. Required
or
area for permitted
that are outside of the flood hazard area.
12. Uses incidental to
, including lawns, gardens, and play areas.
13. The following
,
, and
are permitted, subject to the requirements that generally apply to such
,
, and
in § 2.03: off-street parking,
,
, bridges, outdoor play equipment, sheds and garages, boathouses, boat hoists, utility lines, pumphouses, bank protection
,
,
, and similar outdoor equipment and appurtenances, provided each of the following requirements are met:
a. Any such
,
, or
shall not cause an increase in water surface elevation, obstruct flow, or reduce the impoundment capacity of the
.
b. All equipment,
and
shall be anchored to prevent flotation and lateral movement.
c.
of an
shall not exceed 500 square feet.
d. Compliance with these requirements shall be certified by a licensed engineer.
14. Extraction of sand, gravel, and other materials, provided that the owner and/or operator of the extractive operation demonstrates to the satisfaction of the
that no threat of ground water or surface water contamination will result from any part of the operation (including, but not limited to mining, processing, sorting, operation of vehicles and equipment, fueling, or any other part of the operation).
D.
and dumping. Dredging and
and/or dumping or backfilling with any material in any manner is prohibited unless through compensating
and shaping of the
, the flow and impoundment capacity of the
will be maintained or improved, and unless all applicable state regulations are met including but not limited to regulations set forth in Parts 31, 301, 303 and 315 of the Natural Resources and Environmental Protection Act, Michigan Public Act 451 of 1994, being M.C.L.A. §§ 324.3101 through 324.3134, 324.30101 through 324.30113, 324.30301 through 324.30329, and 324.31501 through 324.31529, as amended.
E. Standards for flood hazard areas.
1. Except as noted in subsection C, all new construction Shall be prohibited in the flood hazard area. Substantial improvements to existing
shall be prohibited in the flood hazard area, except where the improvements would clearly lessen the impact of the
on the
.
2. No existing
or
shall be converted, or substantially improved or replaced unless the lowest floor, including the
, is elevated to or above the
level.
3. No existing
or
shall be converted, or substantially improved or replaced, and no land shall be filled or
or
used in a flood hazard area unless the proposed improvements are in full compliance with the Zoning Ordinance. Any proposed conversion, substantial improvement, or replacement of an existing
shall also comply with Appendix Chapter 31, Division I, of the Uniform Building Code, involving flood-resistant construction. Approval shall not be granted until permits have been submitted from the Department of Environmental Quality under authority of Part 31 of the Natural Resources and Environmental Protection Act, Michigan Public Act 451 of 1994, being M.C.L.A §§ 324.3101 through 324.3134, as amended; the Ingham County Drain Commission, and Ingham County Department of Health.
4. Relocation of a
or
may be permitted only where the relocation would clearly lessen the impact of the
on the
.
5. All public utilities and facilities shall be designed, constructed, and located to minimize or eliminate flood damage.
6. Land shall not be divided in a manner that creates
or
which cannot be used in conformance with the requirements of this section.
7. The flood-carrying capacity of any altered or relocated watercourse not subject to state or federal regulations designed to insure flood carrying capacity shall be maintained.
8. Available flood hazard data from federal, state, or other sources shall be used to determine compliance with this section. Data furnished by the Federal Emergency Management Agency shall take precedence over data from other sources.
9. Developers of substantially improved or relocated
within the flood hazard area shall submit written documentation to the
indicating:
a. The elevation of the lowest floor in the
, including
.
b. The elevation to which a
has been floodproofed, if floodproofing methods have been employed.
10. Proposed specifications and as-built drawings shall be kept on record and made available for public inspection and for use in determining flood insurance risk premium rates.
11. When floodproofing measures are employed, a licensed engineer or architect shall certify that the methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and any other factors associated with the intermediate regional
elevation. Such certification shall indicate the elevation to which the
is floodproofed.
12. Improvements made to existing
, including
, shall be firmly anchored to prevent flotation and lateral movement, and shall be constructed with flood resistant materials and methods.
13. If new and replaced utility and sanitary facilities must be located below the 100-year flood elevation, 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 flood proof utility and sanitary facilities are subject to approval of the
.
14. On-site waste disposal systems, such as septic tanks and leach fields, and service facilities, such as electrical and heating equipment, shall not be located in a
.
15. The application or discharge of persistent toxic compounds whose direct or indirect effects through residuals have a half-life greater than six months onto land within the flood hazard area shall not be permitted.
16.
shall be protected from erosion by rip-rap, vegetative cover, bulkheading, or other appropriate technique approved by the Ingham County Drain Commissioner.
17. Should any watercourse relocation or alteration be proposed, notification of said change in the watercourse shall be sent by the developer to adjacent affected communities, the Michigan Department of Environmental Quality, and the Federal Emergency Management Agency. Such modifications shall not impair the flow and impoundment capacity of the
.
18. In no case shall any permanent
be
closer than 50 feet to the banks of the Red Cedar River or to the center of any open county drain. The banks of the Red Cedar River shall be determined by legal survey. The center of public drains shall be determined from legal descriptions which are on public record.
19. New subdivisions and other
shall be designed and located to minimize flood damage within the flood hazard area, and to prevent adverse impact in the flood hazard area as a result of chemical contamination (for example, from fertilizer, herbicide, and pesticide usage; tree cutting; expanding
area, etc.). Public utilities in subdivisions, including sewer, gas, electrical, and water systems, shall be located and designed to minimize potential flood damage.
20. Where relocation of an existing
is permitted, the
shall be placed on the site so as to minimize obstruction to the flow of floodwaters; accordingly, whenever possible, the
shall be placed with its longitudinal axis parallel to the direction of flood flow.
21. No approval shall be granted for the substantial improvement or relocation of existing
, or
of any kind within the
hazard area when such improvement, relocation, or
would cause any increase in flood level associated with a 100-year flood.
F. Disclaimer of liability. Approval of the use of land under this section shall not be considered a guarantee or warranty of safety from flood damage. Any such approval shall not be considered a guarantee or warranty that areas outside the flood hazard area will be free from flood damage.
(Ord. passed 7-9-2013)