[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 8-11-1980 by Ord. No. 137 as Ch. 45 of the Grosse
Ile Township Code; amended in its entirety 7-22-2002. Subsequent amendments noted
where applicable.]
It is the purpose of this chapter to promote
the public health, safety and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
A.
Restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion or increase in flood heights
or velocities.
B.
Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction.
C.
Control the alteration of natural floodplains, stream
channels, and natural protective barriers which are involved in the
accommodation of floodwaters.
D.
Control filling, grading, dredging and other development
which may increase erosion or flood damage.
E.
Identify and provide a method of identification of
the floodplains, floodways and watercourses located within the Township
and to provide for the proper use of Township land and property located
in areas within the Township subject to periodic flooding in order
to attempt to protect and secure the safety of construction located
in such areas from periodic flooding.
F.
Reduce the financial burdens imposed upon the community
by the improper occupancy and use of areas subject to periodic flooding
within the Township.
G.
Establish construction standards in areas within the
Township subject to periodic flooding in order to attempt to prevent
loss of life, property damage, and other losses and risk associated
with flooding conditions.
H.
Provide a procedure for obtaining building permits
for construction within areas of the Township subject to periodic
flooding.
As used in this chapter, the following terms
shall have the meanings indicated:
The Township of Grosse Ile Construction Board of Appeals.
An overflow of water onto lands not normally covered by water
where the inundation of land is temporary and the land is adjacent
to and inundated by overflow from a watercourse, or lake, or other
body of standing water.
The relatively flat low lands which are contiguous areas
paralleling major rivers or streams that constitute at their maximum
edge the highest flood levels experienced in a period of 100 years;
shall include wetland areas that are part of the river flow system;
and shall include contiguous areas paralleling major rivers or streams
that exhibit unstable soil conditions for development.
The channel of any watercourse and those portions of the
floodplain adjoining the channel which are reasonably required to
carry and discharge floodwater.
To construct, place, insert or excavate.
Any organic or inorganic material or substance.
A flood having an average of one in 100 probability of occurrence
in any one year or a 1% chance of occurring in any given year.
Any person who has dominion over, control of, or title to
a parcel of land.
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind.
Any assembly of materials above or below the surface of land
or water, including but not limited to houses, buildings, bulkheads,
piers, docks and waterway obstructions.
Any repair, reconstruction, or improvement of a structure,
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 structures.
The term does not, however, include either any project for improvement
or a structure 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 a State Inventory or Historic
Places.
A grant of relief to a person from the requirements of this
chapter which permits construction in a manner otherwise prohibited
by this chapter where specific enforcement would result in unnecessary
hardship.
Any waterway or other body of water having well-defined banks,
including rivers, streams, creeks and brooks, whether continually
or intermittently flowing.
A.
The provisions of this chapter shall apply to all
floodplains, floodway and watercourse areas located within the Township
of Grosse Ile as the same are identified or determined by any of the
following methods:
(1)
As such areas are identified on the Official Shoreland
Protection and Management Ordinance Map of the Township of Grosse
Ile.
(2)
As such areas are identified or determined on the
basis of individual computation based on current standards and engineering
techniques approved and employed by the Federal Emergency Management
Agency.
(3)
As such areas are identified or determined by the
Department of the Army Corps of Engineers.
B.
The provisions of this chapter shall also apply to
such areas within the Township as are identified or determined in
accordance with the elevation standards set forth hereinafter.
A.
The areas of special flood hazard identified by the
Federal Insurance Administration in its Flood Hazard Boundary Map
(FHBM) #26-0227, as amended, and any revisions thereto are adopted
by reference and declared to be part of this chapter.
B.
The Township Board of the Township of Grosse Ile hereby
designates the Flood Insurance Rate Maps (FIRMs) of Grosse Ile Township,
Wayne County, Michigan, panel numbers of 26163C0410E, 26163C0416E,
26163C0420E and 26163C0535E, dated February 2, 2012.
[Amended 1-9-2012 by Ord.
No. 12-01]
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
will occur on rare occasions. Flood heights may 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 Township or by any officer or
employee thereof for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made thereunder.
A.
All applications for the construction of principal
buildings and/or all accessory buildings in areas within the Township
to which this chapter applies must include the following:
(1)
Name and address of applicant and of applicant's agent,
if any, and whether applicant is owner, lessee, licensee, etc. If
applicant is not owner, the written consent of the owner, duly acknowledged,
must be attached.
(2)
Survey and topographical map of the property upon
which the proposed construction is to take place, prepared in the
manner provided for in this chapter.
(3)
A nonrefundable filing fee in an amount established
by the Township Board.
B.
The permit application shall be accompanied by a survey
and topographical map drawn to a scale of no smaller than 1:40 prepared
and certified substantially correct by a registered land surveyor
or engineer, and shall include the following information:
(1)
Name and address of record of the affected property
and of applicant, if other than owner; location and dimension of all
boundary lines; scale; North arrow and date.
(2)
Existing contour data for the entire property with
a vertical interval of no more than two feet and contour data at an
interval of no more than one foot for all areas to be disturbed by
the proposed construction, extending for a distance of at least 50
feet beyond the limits of such areas. Indicated elevations shall be
based on USC and GS datum or NGV datum.
A.
Areas within the Township of Grosse Ile subject to
the provisions of this chapter shall depend upon the location of a
particular parcel of land with respect to natural rivers, canals,
streams and other watercourses within the Township.
B.
The provisions of this chapter shall apply to those
areas within the Township of Grosse Ile which are at and below the
elevation determined by federal requirements and which are adjacent
to sheltered streams, canals and watercourses and which are not affected
by direct exposure to wind, wave action and wakes from the Detroit
River or Lake Erie.
C.
The provisions of this chapter shall also apply to
those areas within the Township of Grosse Ile which are at an elevation
of 580.0 USC and GS datum or NGV datum and below, and which are immediately
adjacent to the Detroit River or have direct exposure to wind, wave
action and wakes from passing ships.
D.
As used in this chapter, the hereinbefore established
elevation standards shall be defined as the "contour of the floodplain"
or the "floodplain contour" within the Township of Grosse Ile.
E.
In the event of a conflict between other ordinances
of the Township of Grosse Ile and the elevation standards defining
the floodplain contour or the contour of the floodplain within the
Township of Grosse Ile, as set forth in this section, the provisions
of this section shall supersede and control.
In all areas of special flood hazards, the following
provisions are required:
A.
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
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 sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharge 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.
A.
No structure which is located or is proposed to be
located within the areas of the Township subject to the provisions
of this chapter shall be constructed, extended, located, converted,
or structurally altered except in conformance with the provisions
of this chapter in accordance with the appropriate portions of State
of Michigan Building Code. Such structures or proposed structures
shall be required to also satisfy the following requirements:
(1)
Be located on a lot having a minimum building site
of 6,000 square feet of its area at natural grade, or at a grade attained
by depositing approved fill, above the elevation of the contour of
the floodplain as defined in this chapter. All fill deposited to meet
the foregoing grade requirement must be compacted to 95% Proctor,
tested and verified by a certified testing laboratory. The required
grade must extend a minimum of 15 feet beyond the limits of any building
or structure; except side setback must meet minimum requirements;
(2)
Have lower floors, including basements, no lower than
the elevation of the floodplain contour;
(3)
Be equipped with a positive means of preventing storm
or sanitary sewer backup from drains serving the structure by installation
of valves capable of being closed manually or automatically when sewers
leave the building below elevation of 580.0, USC and GS datum;
(4)
Must be equipped with a sump pump to discharge floor
drains and laundry tubs into the sanitary sewer;
(5)
Must have footing drains around basements or depressed
portions of the structure (including crawl spaces) which are below
the contour of the floodplain pumped into a separate discharge line
which is taken directly to the adjacent watercourse;
(6)
Have all electrical equipment, circuits and electrical
appliances located so as not to be subject to flooding, or shall be
waterproofed against damage resulting from inundation by a one-hundred-year
flood;
(7)
The location or storage of chemicals, explosives,
buoyant and/or flammable liquids is prohibited below the contour of
the one-hundred-year floodplain;
(8)
Be floodproofed so that below the base flood level
the structure is watertight with walls substantially impermeable to
the passage of water;
(9)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(10)
Be certified by a registered professional engineer
or architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the Township.
B.
When floodproofing is utilized for a particular structure,
the applicant must provide to the Township a certification from a
registered professional engineer or architect.
C.
In the event a structure is adjacent to a floodplain
and the basement is two feet below the flood elevation the basement
must be floodproofed, all setback requirements must be met, and all
utility restrictions of this chapter apply.
D.
It shall be brought to the attention of both the owner
of the property and the contractor performing the construction that,
prior to issuance of a construction permit, both the owner and contractor
must submit an affidavit as evidence that they have been advised of
a potential danger of damage due to flooding conditions and/or sewer
backup, that they will abide by the requirements of this chapter,
and absolve the Township of any and all responsibility for liability
for loss suffered by such an occurrence.
E.
The Zoning Officer shall ensure that all necessary
permits have been issued, including a floodplain permit, approval,
or letter of no authority from the Michigan Department of Natural
Resources under authority of Act 245, Public Acts of 1929, as amended
by Act 167, Public Acts of 1968.
F.
The Department of Community Development Manager and/or
Zoning Officer shall maintain a record of new structures or substantial
improvements erected in the flood hazard area indicating the actual
elevation of the lowest structural member required to be elevated
or as an alternative, in nonresidential structures, the elevation
to which the structure has been floodproofed.
A.
The Construction Board of Appeals of Grosse Ile Township
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
B.
The Construction Board of Appeals of Grosse Ile Township
shall hear and decide appeals when it is alleged there is an error
in any decision or determination made in the enforcement or administration
of this chapter.
C.
Variances shall only be issued upon all the following
conditions being met. Personal hardship shall not be an acceptable
condition for the granting of a variance.
(1)
A determination that failure to grant the variance
would result in an exceptional hardship to the applicant.
(2)
A determination that the granting of a variance will
not result in any threat to the public safety and would not result
in any extraordinary public expense.
(3)
The variance within any designated regulatory floodway
would not result in any increase in flood levels during the base flood
discharge.
(4)
A showing of good and sufficient cause is made by
the applicant.
(5)
A determination that the granting of a variance will
not result in increased flood heights, additional threats to the public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public, or conflict with any other existing
local laws or ordinances.
(6)
A determination that the variance is the minimum necessary
considering the flood hazard to afford relief.
(7)
The structure or other development that is proposed
will be protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety.
D.
The Township shall notify the applicant in writing
over the signature of a Township official that the issuance of a variance
to construct a structure below the base of flood level will result
in increased premium rates for flood insurance up to amounts as high
as $25 for each $100 of insurance coverage and that such construction
below the base flood level increases risk to life and property. Such
notification shall be maintained with a record of all variance action.
The Township shall maintain a record of all variance actions under
this chapter, including justification for their issuance, and report
such variances issued in its annual or biennial reports submitted
to the Administrator for the Federal Emergency Management Agency or
his designee.
E.
The appeal or request for a variance shall be filed
not later than 30 calendar days after the decision or action has been
taken on an application form provided by the Township. The application
shall specify the requirements from which a variance is sought and
the nature and extent of such variance. The application shall be accompanied
by a plan drawing. The application and plan drawing shall also be
submitted to the Township Engineer for their review and recommendation
to the Zoning Board of Appeals.
