[HISTORY: Adopted by the Village Council of the Village of Spring Lake as Ch. 38, Art. II, of the 2000 Code of Ordinances. Amendments noted where applicable.]
Municipal civil infractions — See Ch. 25.
Building regulations — See Ch. 127.
Historic conservation — See Ch. 215.
Sewers and sewage disposal — See Ch. 280.
Stormwater discharges and connections — See Ch. 313.
Stormwater management — See Ch. 320.
Zoning — See Ch. 390.
The flood hazard areas of the Village are subject to periodic inundation, which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to flood or hazardous to other lands which are inadequately elevated, floodproofed or otherwise protected from flood damages.
It is the purpose of this chapter to significantly reduce hazards to persons and damage to property as a result of flood conditions in the Village, 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, as amended, and subsequent enactments and all applicable rules and regulations promulgated in the furtherance of this program as they may be further amended by the Federal Emergency Management Agency.
The objectives of this chapter are to:
Protect human life and health;
Minimize expenditure of public money for costly flood control projects;
Minimize the need for rescue and relief efforts associated with flooding and most often undertaken at the expense of the general public;
Minimize prolonged business interruptions;
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;
Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas;
Ensure that potential home buyers are notified that property is in a flood area; and
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
For purposes of interpretation, administration and enforcement of this chapter only, and in order to comport with the federal regulations designated in § 189-2, the terms below shall be defined as follows:
- AREA OF SPECIAL FLOOD HAZARD
- The land in the floodplain within the Village, as determined by the Flood Insurance Rate Map designated in § 189-6 subject to a one-percent or greater chance of flooding in any given year.
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year, as determined by the Flood Insurance Rate Map designated in § 189-6.
- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
- FLOOD INSURANCE RATE MAP (FIRM)
- An Official Map of the Village on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the Village.
- FLOOD INSURANCE STUDY
- The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood.
- FLOOD or FLOODING
- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff or surface waters from any source.
- The channel of a river or other watercourse and the adjacent land areas that will discharge the base flood without increasing the water surface elevation.
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
- MANUFACTURED HOME
- A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
- MANUFACTURED HOME PARK OR SUBDIVISION
- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
- MEAN SEA LEVEL
- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the Village's Flood Insurance Rate Map are referenced.
- NEW CONSTRUCTION
- Structures for which construction started after May 25, 1978.
- SAND DUNES
- The naturally occurring accumulations of sand in ridges or mounds landward of the beach.
- START OF CONSTRUCTION
- Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
- A walled and roofed building that is principally above the ground, as well as a manufactured home.
- SUBSTANTIAL IMPROVEMENT
- Any repairs, reconstruction or improvement, the cost of which equals or exceeds 50% of the market value of the structure, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure required to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or the state inventory of historic places.
- A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter; a modification of the literal provisions of this chapter granted when the strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted, the crucial points of variance being undue hardship, unique circumstances, and applying to property. A variance is not justified unless all these elements are present in the case. A variance shall not be considered an exception.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Village.
[Amended 12-12-2011 by Ord. No. 325]
The areas of special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering report entitled "Ottawa County, Michigan (all Jurisdictions)" and dated December 16, 2011. This study, along with the accompanying Flood Insurance Rate Map (FIRM) panel numbers 26139C; 0079E, 0083E, 0087E, and 0091E and dated December 16, 2011, and the Flood Boundary-Floodway Maps, are adopted by reference and declared to be a part of this chapter and part of Section 1612.3 of the State Building Code, and declared to provide the content of the "flood hazards" section of Table R301.2(1) of the State Residential Code. The Flood Insurance Study, Flood Insurance Rate Maps and Flood Boundary-Floodway Maps are on file at the Village Hall at 102 West Savidge Street, Spring Lake, Michigan.
A development permit shall be required in conformance with the provisions of this chapter.
No structure or land shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
In the interpretation and application of this chapter, all provisions shall be:
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and may occur on rare occasions. Flood heights can be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Village or any officer, employee or agent of the Village for any flood damages that result from reliance on this chapter or any administrative decision made under this chapter.
The Village Manager or the designee of either the Village Manager or the Village Council shall administer and implement and enforce the provisions of this chapter.
The duties of the administrator shall include but are not limited to:
Reviewing all development permits to ensure that the permit requirements of this chapter have been satisfied;
Reviewing permits for proposed development to ensure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;
Notifying adjacent communities and the department of natural resources prior to any alteration or relocation of a watercourse and submitting evidence of such notification to the Federal Emergency Management Agency;
Ensuring, through administration and enforcement of this chapter, that the altered or relocated portion of a watercourse is properly maintained so that the flood-carrying capacity is not diminished;
Verifying and recording the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or of substantially improved structures, and whether or not such structures contain a basement;
Verifying and recording the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed;
Obtaining certification of proper floodproofing from a registered professional engineer or architect when floodproofing is utilized for a particular structure;
Making the necessary interpretation as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be conflict between a mapped boundary and actual field conditions); and the person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter;
Reviewing the base flood elevation data submitted with all new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) which contain at least 50 lots or five acres, whichever is less;
Obtaining, reviewing and reasonably utilizing any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to Subsection I of this section, as criteria for requiring that new construction, substantial improvements or other developments meet the standards of §§ 189-19 and 189-20 and for administering the provisions of §§ 189-19 and 189-20;
Maintaining the records of all appeal actions and reporting any variances to the Federal Emergency Management Agency upon request; and
Maintaining all records pertaining to the provisions of this chapter in the Village Hall and keeping such records open for public inspection.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 189-6. Application for a development permit shall be made to the administrator on forms furnished by the administrator and must include, but are not limited to, the following plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:
The elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures;
The elevation, in relation to mean sea level, to which any nonresidential structure has been floodproofed;
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria of this chapter; and
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
The Zoning Board of Appeals, as established by the Village, shall hear and decide all requests for variances from the requirements of this chapter.
In passing upon applications for variances, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors and standards specified in other sections of this chapter, and shall further consider:
The danger that materials may be swept onto other lands creating further destruction and injury to persons or property;
The danger to life and property due to flooding or erosion damage;
The susceptibility of the proposed facility and its contents to flood damage;
The importance of the services provided by the proposed facility to the Village;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, and streets and bridges.
Upon consideration of the 11 factors listed in Subsection B of this section and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
Generally, variances may, in the discretion of the Zoning Board of Appeals, be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the 11 factors listed in Subsection B have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
Variances shall not be issued within any floodway that would result in an increase of greater than 9/10 of a foot in flood levels during the base flood discharge.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
A showing of good and sufficient cause;
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with other laws or ordinances.
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
Variances may, in the discretion of the Zoning Board of Appeals, be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in this section.
The Zoning Board of Appeals, upon receipt of a written appeal by an aggrieved person, shall hear and decide all appeals when it is alleged that there is an error in any requirement, decision, interpretation or determination made by the administrator in the enforcement or administration of this chapter. Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the County Circuit Court.
The Village Council, the duly authorized attorney for the Village, the prosecuting attorney for the county, or any owner or occupant of any real estate within the Village may institute an injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove any violation of this chapter. The rights and remedies provided in this section are accumulative in addition to all other remedies provided by law.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
In all areas of special flood hazard, the following general provisions shall apply and shall be required:
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the compartments during conditions of flooding.
For all new construction and substantial improvements, any fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
The bottom of all openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
All new and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in § 189-6 or 189-13I, the following specific provisions shall apply and shall be required:
Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including the basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure 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 registered professional engineer or architect shall develop and/or review structural designs, specifications and plans for the construction and shall certify that the design and methods of construction satisfy the standards of this subsection. A record of such certification, including the specific elevation in relation to mean sea level to which such structures are floodproofed, shall be provided to and maintained by the administrator.
Manufactured homes. No manufactured home shall be placed in a floodway, except in an existing manufactured home park or subdivision. All developers of manufactured home parks or subdivisions located within an area of special flood hazard shall file an evacuation plan indicating alternative access and escape routes with the Federal Disaster Assistance Administration. All manufactured homes to be placed or substantially improved within such existing manufactured home parks or subdivisions shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system. All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top or frame ties to ground anchors or by other anchoring techniques provided for in the Federal Emergency Management Agency manual entitled "Manufactured Home Installation in Flood Hazard Areas." Specific requirements shall be as follows:
If over-the-top ties are used, they shall be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations. Manufactured homes less than 50 feet long require only one additional tie per side.
If frame ties are used, they shall be provided at each corner of the manufactured home, with five additional ties per side at intermediate locations. Manufactured homes less than 50 feet long require only four additional ties per side.
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
Any additions to the manufactured home shall be anchored in the same manner and to the same extent as the principal manufactured home.
New manufactured home parks and subdivisions and expansions to existing manufactured home parks and subdivisions. With respect to new manufactured home parks and subdivisions, with respect to existing manufactured home parks and subdivisions where the repair, reconstruction, expansion or improvement of the streets, utilities, and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction, expansion or improvement has commenced, and with respect to manufactured homes not being placed in a manufactured home park and subdivision, specific requirements shall be as follows:
Stands or lots shall be elevated on compacted fill, on pilings or by other elevation techniques provided for in the Federal Emergency Management Agency manual, entitled "Manufactured Home Installation in Flood Hazard Areas," so that the lowest floor of the manufactured home is at or above the base flood level.
Adequate surface drainage and access for a hauler shall be provided.
Where pilings are used for elevation purposes, lots shall be large enough to permit steps, piling foundations shall be placed in stable soil no more than 10 feet apart, and reinforcement shall be provided for pilings more than six feet above ground level. With respect to existing manufactured home parks and subdivisions which are being expanded or improved, these requirements shall apply only in the expanded or improved portion.
Subdivision proposals. All subdivision proposals (including proposals for new manufactured home parks and subdivisions) shall be consistent with the need to minimize flood damage and shall meet the following specific requirements:
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
All subdivision parcels shall have adequate drainage provided to reduce exposure to flood damage.
Base flood elevation data shall be provided for all subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.
Designated floodways. Located within areas of special flood hazard established in § 189-6 are areas designated as floodways. Since the floodway is an extremely hazardous area because of the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, encroachments including fill, new construction, substantial improvements and other developments shall be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachment will not result in any increase in flood levels during occurrence of the base flood discharge.
Undesignated floodways. Located within the areas of special flood hazard established in § 189-6 are areas in which elevation has been designated but no floodway has been delineated. In such areas, no new construction, substantial improvements or other development (including fill) shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing anticipated development, will not increase the water surface elevation of the base flood more than 9/10 foot at any point within the Village.