Any obstruction in the one-hundred-year floodplain is hereby
declared to be a public nuisance unless approval for such obstruction
has been obtained from the Township.
Uses that may be permitted in the one-hundred-year floodplain:
A.
Cultivation and harvesting of crops according to recognized soil
conservation practices.
B.
Pasture, grazing land, forestry, outdoor plant nursery, orchard and
harvesting of any wild crops.
C.
Wildlife sanctuary, woodland preserves and arboretums.
D.
Recreational uses such as: parks, day camps, picnic groves, golf
courses, provided no principal building is located in the floodway.
E.
Open space portions of any use district.
[Amended 9-26-2006 by Ord. No. 44A-2006]
Except as hereinafter provided in this article, it shall be
unlawful for any person to do any of the following without obtaining
a development permit from the Township in accordance with the standards
set forth within the State Construction Code and the procedure set
forth in the State Construction Code, Appendix G:
A.
Locate any operation, obstruction or structure on lands in a one-hundred-year
floodplain.
B.
Make substantial improvements of any obstruction or structure in
a one-hundred-year floodplain. Maintenance of an obstruction or structure
shall not be construed to be a substantial improvement.
C.
Locate any public or private institution or place of assembly in
a floodplain.
D.
Dredging and filling and/or dumping or backfilling with any material
in any manner is prohibited unless through compensating excavation
and shaping of the floodplain, the flow and impoundment capacity of
the floodplain will be maintained or improved.
E.
Locate off-street parking, streets, roads, bridges, outdoor play
equipment, sheds and garages, boathouses, boat-hoists, utility lines,
pump houses, bleachers, bank protection structures, signs, fences,
gazebos and similar outdoor equipment and appurtenances in flood hazard
areas, special flood hazard areas, and or floodways unless consistent
with and constructed in accordance with the State Construction Code
requirements.
[Amended 9-26-2006 by Ord. No. 44A-2006]
The Planning Commission and the Township Board shall conduct
the review for permit issuance pursuant to Section G104 of the State
Construction Code Appendix G for any proposed development in the Township
within the flood hazard areas delineated on the Flood Insurance Study
(FIS) and Flood Insurance Rate Maps (FIRMS) set forth in this chapter.
The Planning Commission and Township Board review will focus on whether
development in the flood hazard areas, special flood hazard areas
and floodways should be permitted pursuant to Sections G301 through
G701 of Appendix G based on compliance with State Construction Code
requirements. The Township Building Official shall review and approve
the building plans pursuant to the State Construction Code as part
of the building permit issuance. Applications for variances from decisions
made by the Township Board shall be made to the Township Zoning Board
of Appeals pursuant to Section G105 of Appendix G. Applications for
variances from decisions made by the Township Building Official shall
be made to the Township Construction Board of Appeals pursuant to
Section G105 of Appendix G.
A.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement.
B.
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
C.
All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
D.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
E.
New and replacement sanitary sewer systems shall be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters.
F.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
G.
Any alteration, repair, reconstruction, or improvements to a structure
on which the start of construction was begun after the effective date
of the ordinance from which this chapter is derived shall meet the
requirements of new construction as contained in this chapter.
A.
All structures shall have the lowest floor (including basement) elevated
to at least one foot above the one-hundred-year flood elevation.
B.
Construction, substantial improvements and encroachments, including
fill, are prohibited in regulatory floodways unless certification
by a registered professional engineer is provided which demonstrates
that the development will not result in any increase in the one-hundred-year
flood elevation.
