CHAPTER 151:   FLOOD DAMAGE PREVENTION

§ 151.01	STATUTORY AUTHORIZATION.
	The Legislature of the state has in the Michigan Flood Plain Act, M.C.L.A 
	§§ 117.1 et seq. delegated the responsibility to local governmental units to 
	adopt regulations designed to promote the public health, safety, and general 
	welfare of its citizenry. Therefore, the City Council does ordain this chapter.
(Ord. 51, passed  2-8-78)

§ 151.02	FINDINGS OF FACT.
	(A)	The flood hazard areas of the city are subject to periodic inundation 
		which results in loss of life and 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.

	(B)	These flood losses are caused by the cumulative effect of obstructions 
		in areas of special flood hazards which increase flood heights and 
		velocities, and when inadequately anchored, damage uses in other areas. 
		Uses that are inadequately floodproofed, elevated or otherwise 
		protected from flood damage also contribute to the flood loss.
(Ord. 51, passed  2-8-78)

§ 151.03	PURPOSE.
	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:

	(A)	to protect human life and health;

	(B)	to minimize expenditure of public money for costly flood control 
		projects;

	(C)	to minimize the need for rescue and relief efforts associated with 
		flooding and generally undertaken at the expense of the general public;

	(D)	to minimize prolonged business interruptions;

	(E)	to minimize damage to public facilities and utilities such as water and 
		gas mains, electric, telephone and sewer lines, streets and bridges 
		located in areas of special flood hazard;

	(F)	to help maintain a stable tax base by providing for the second use and 
		development of areas of special flood hazard so as to minimize future 
		flood blight areas;

	(G)	to insure that potential buyers are notified that property is in an 
		area of special flood hazard; and,

	(H)	to insure that those who occupy the areas of special flood hazard 
		assume responsibility for their actions.
(Ord. 51, passed  2-8-78)

§ 151.04	METHODS OF REDUCING FLOOD LOSSES.
	In order to accomplish its purposes, this chapter includes methods and 
	provisions for:

	(A)	restricting or prohibiting uses which are dangerous to health, safety, 
		and property due to water or erosion hazards, or which result in 
		damaging increases in erosion or in flood heights or velocities;

	(B)	requiring that uses vulnerable to floods, including facilities which 
		serve such uses, be protected against flood damage at the time of 
		initial construction;

	(C)	controlling the alteration of natural flood plains, stream channels, 
		and natural protective barriers, which help accommodate or channel 
		flood waters;

	(D)	controlling filling, grading, dredging, and other development which may 
		increase flood damage; and,
	(E)	preventing or regulating the construction of flood barriers which will 
		unnaturally divert flood waters or which may increase flood hazards in 
		other areas.
(Ord. 51, passed  2-8-78)

§ 151.05	DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless 
	the context clearly indicates or requires a different meaning.

	APPEAL.	A request for a review of the City Building Inspector's interpretation 
		of any provision of this chapter or a request for a variance.

	AREA OF SHALLOW FLOODING.	A designated AO or VO Zone on the Flood 
					Insurance Rate Map (FIRM). The base flood 
					depths range from one to three feet; a clearly 
					defined channel does not exist; the path of 
					flooding is unpredictable and indeterminate; 
					and, velocity flow may be evident.

	AREA OF SPECIAL FLOOD HAZARD.	The land in the flood plain within a community 
					subject to a one per cent or greater chance of 
					flooding in any given year.

	BASE FLOOD.	The flood having a one percent chance of being equalled or 
			exceeded in any given year.

	DEVELOPMENT.	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 located within the area of special flood 
			hazard.

	EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION.
	A parcel (or contiguous parcels) of land divided into two or more mobile home 
	lots for rent or sale for which the construction of facilities for servicing 
	the lot on which the mobile home is to be affixed (including, at a minimum, the 
	installation of utilities, either final site grading or the pouring of concrete 
	pads, and the construction of streets) is completed before the effective date 
	of this chapter.

	EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION.
	The preparation of additional sites by the construction of facilities for 
	servicing the lots on which the mobile homes are to be affixed (including, at a 
	minimum, the installation of utilities, either final site grading or the 
	pouring of concrete pads, or the construction of streets).

	FLOOD or FLOODING.	A general and temporary condition of partial or 
				complete inundation of normally dry land areas from:
	
		(1)	the overflow of inland or tidal waters; and/or

		(2)	the unusual and rapid accumulation or runoff of surface waters 
			from any source.

	FLOOD INSURANCE RATE MAP (FIRM).	The official map on which the Federal 
					Insurance Administration has delineated 
					both the areas of special flood hazards 
					and the risk premium zones applicable 
					to the community.

	FLOOD INSURANCE STUDY.	The official report provided by the Federal Insurance
				Administration that includes flood profiles, the Flood 
				Boundary-Floodway Map, and the water surface elevation 
				of the base flood.

	FLOODWAY.	The channel of a river or other watercourse and the adjacent 
			land areas that must be reserved in order to discharge the base 
			flood without cumulatively increasing the water surface 
			elevation more than 584 feet above sea level.

	HABITABLE FLOOR.	Any floor usable for living purposes, which includes 
			working, sleeping, eating, cooking or recreation, or a 
			combination thereof. A floor used only for storage purposes is 
			not a HABITABLE FLOOR.

	MOBILE HOME.	A structure that is transportable in one or more sections, 
			built on a permanent chassis, and designed to be used with or 
			without a permanent foundation when connected to the required 
			utilities. It does not include recreational vehicles or travel 
			trailers.

	NEW CONSTRUCTION.	Structures for which the "start of construction" 
				commenced on or after the effective date of this 
				chapter.

	NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION.
	A parcel (or contiguous parcels) of land divided into two or more mobile home 
	lots for rent or sale for which the construction of facilities for servicing 
	the lot (including, at a minimum, the installation of utilities, either final 
	site grading or the pouring of concrete pads, and the construction of streets) 
	is completed on or after the effective date of this chapter.

	START OF CONSTRUCTION.	The first placement of permanent construction of a 
				structure (other than a mobile home) on a site, such as 
				the pouring of slabs or footings or any work beyond the 
				stage of excavation. 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 as part of the main structure. For a structure 
				(other than a mobile home) without a basement or
				poured footings, the START OF CONSTRUCTION 
				includes the first permanent framing or assembly of the 
				structure or any part thereof on its piling or 
				foundation. For mobile homes not within a mobile home 
				park or mobile home subdivision, START OF 
				CONSTRUCTION means the affixing of the mobile home
				to its permanent site. For mobile homes within mobile 
				home parks or mobile home subdivisions, START OF 
				CONSTRUCTION is the date on which the construction 
				of facilities for servicing the site on which the 
				mobile home is to be affixed (including, at a minimum, 
				the construction of streets, either final site grading 
				or the pouring of concrete pads, and installation of 
				utilities) is completed.

	STRUCTURE.	A walled and roofed building or mobile home that is principally
			above ground.

	SUBSTANTIAL IMPROVEMENT.
		(1)	Any repair, reconstruction, or improvement of a structure, the 
			cost of which equals or exceeds 50 per cent 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.

		(2)	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.

		(3)	The term does not, however, include either:

			(a)	any project for improvement of 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

			(b)	any alteration of a structure listed on the National 
				Register of Historic Places or a State Inventory of 
				Historic Places.

	VARIANCE.	A grant of relief from the requirements of this chapter which 
			permits construction in a manner that would otherwise be 
			prohibited by this chapter.
(Ord. 51, passed  2-8-78)

§ 151.06	APPLICABILITY OF PROVISIONS.
	This chapter shall apply to all areas of special flood hazards within the 
	jurisdiction of the city.
(Ord. 51, passed  2-8-78)

§ 151.07	BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD.
	The areas of special flood hazard identified by the Federal Insurance 
	Administration in a scientific and engineering report entitled "The Flood 
	Insurance Study for the City of Ferrysburg, Michigan, Ottawa County," dated 
	August 1977, with accompanying Flood Insurance Rate Maps and Flood 
	Boundary-Floodway Maps, is hereby adopted by reference and declared to be a 
	part of this chapter. The Flood Insurance Study is on file at the City Hall, 
	408 5th Street, Ferrysburg, Michigan 49409.
(Ord. 51, passed  2-8-78)

§ 151.08	COMPLIANCE REQUIRED.
	No structure or land shall hereafter be constructed, located, extended, 
	converted or altered without full compliance with the terms of this chapter and 
	other applicable regulations.
(Ord. 51, passed  2-8-78)

§ 151.09	ABROGATION AND GREATER RESTRICTIONS.
	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.
(Ord. 51, passed  2-8-78)

§ 151.10	INTERPRETATION.
	In the interpretation and application of this chapter, all provisions shall be:

	(A)	considered as minimum requirements;

	(B)	liberally construed in favor of the governing body; and,

	(C)	deemed neither to limit nor repeal any other powers granted under state 
		statutes.
(Ord. 51, passed  2-8-78)

§ 151.11	WARNING AND DISCLAIMER OF LIABILITY.
	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 manmade 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 city, any officer or employee 
	thereof, or the Federal Insurance Administration for any flood damages that 
	result from reliance on this chapter or any administrative decision lawfully 
	made thereunder.
(Ord. 51, passed  2-8-78)
PERMITS

§ 151.25	DEVELOPMENT PERMIT.
	A development permit shall be obtained before construction or development 
	begins within any area of special flood hazard established in § 151.07.
(Ord. 51, passed  2-8-78)  Penalty, see § 10.99

§ 151.26	APPLICATION.
	Application for a development permit may include, but not be limited to: 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:

	(A)	elevation in relation to mean sea level of the lowest floor (including 
		basement) of all structures;

	(B)	elevation in relation to mean sea level to which any structure has been 
		floodproofed;

	(C)	certification by a registered professional engineer or architect that 
		the floodproofing methods for any nonresidential structure meet the 
		floodproofing criteria in § 152.36(B); and,

	(D)	description of the extent to which any watercourse will be altered or 
		relocated as a result of proposed development.
(Ord. 51, passed  2-8-78)

FLOOD HAZARD REDUCTION

§ 151.35	GENERAL STANDARDS.
	In all areas of special flood hazards the following standards are required:

	(A)	Anchoring.

		(1)	All new construction and substantial improvements shall be 
			anchored to prevent flotation, collapse or lateral movement of 
			the structure.

		(2)	All mobile homes shall be anchored to resist flotation, 
			collapse, or lateral movement by providing over-the-top and 
			frame ties to ground anchors. Specific requirements shall be 
			that:

			(a)	over-the-top ties be provided at each of the four 
				corners of the mobile home, with two additional ties 
				per side at intermediate locations, with mobile homes 
				less than 50 feet long requiring one additional tie per 
				side;

			(b)	frame ties be provided at each corner of the home with 
				five additional ties per side at intermediate points, 
				with mobile homes less than 50 feet long requiring four 
				additional ties per side;

			(c)	all components of the anchoring system be capable of 
				carrying a force of 4,800 pounds; and,

			(d)	any additions to the mobile home be similarly anchored.

	(B)	Construction materials and methods.

		(1)	All new construction and substantial improvements shall be 
			constructed with materials and utility equipment resistant to 
			flood damage.

		(2)	All new construction and substantial improvements shall be 
			constructed using methods and practices that minimize flood 
			damage.

	(C)	Utilities.

		(1)	All new and replacement water supply systems shall be designed 
			to minimize or eliminate infiltration of flood waters into the 
			system.

		(2)	New and replacement sanitary sewage systems shall be designed 
			to minimize or eliminate infiltration of flood waters into the 
			systems and discharge from the systems into flood waters.

		(3)	On-site waste disposal systems shall be located to avoid 
			impairment to them or contamination from them during flooding.

	(D)	Subdivision proposals.

		(1)	All subdivision proposals shall be consistent with the need to 
			minimize flood damage.

		(2)	All subdivision proposals shall have public utilities and 
			facilities such as sewer, gas, electrical, and water systems 
			located and constructed to minimize flood damage.

		(3)	All subdivision proposals shall have adequate drainage provided 
			to reduce exposure to flood damage.

		(4)	Base flood elevation data shall be provided for subdivision 
			proposals and other proposed development which contain at least 
			50 lots or 5 acres (whichever is less).
(Ord. 51, passed  2-8-78)  Penalty, see § 10.99

§ 151.36	SPECIFIC STANDARDS.
	In all areas of special flood hazards where base flood elevation data has been 
	provided as set forth in § 151.07 or § 151.45(B)(2), the following provisions 
	are required:

	(A)	Residential construction.  New construction and substantial improvement 
		of any residential structure shall have the lowest floor, including 
		basement, elevated to or above base flood elevation.

	(B)	Nonresidential construction.  New construction and substantial 
		improvement of any commercial, industrial or other nonresidential 
		structure shall either have the lowest floor, including basement, 
		elevated to the level of the base flood elevation; or, together with 
		attendant utility and sanitary facilities, shall:

		(1)	be floodproofed so that below the base flood level the 
			structure is watertight with walls substantially impermeable to 
			the passage of water;

		(2)	have structural components capable of resisting hydrostatic and 
			hydrodynamic loads and effects of buoyancy; and

		(3)	be certified by a registered professional engineer or architect 
			that the standards of this subsection are satisfied (Such 
			certifications shall be provided to the official as set forth 
			in § 151.45(C)(2)).

	(C)	Mobile homes.

		(1)	Mobile homes shall be anchored in accordance with 
			§ 151.35(A)(2).

		(2)	For new mobile home parks and mobile home subdivisions; for 
			expansions to existing mobile home parks and mobile home 
			subdivisions; for existing mobile home parks and mobile home 
			subdivisions where the repair, reconstruction or improvement of 
			the streets, utilities and pads equals or exceeds 50 per cent 
			of the value of the streets, utilities and pads before the 
			repair, reconstruction or improvement has commenced; and for 
			mobile homes not placed in a mobile home park or mobile home 
			subdivision, it is required that:

			(a)	stands or lots are elevated on compacted fill or on 
				pilings so that the lowest floor of the mobile home 
				will be at or above the base flood level;

			(b)	adequate surface drainage and access for a hauler are 
				provided; and,

			(c)	in the instance of elevation on pilings, that:

				1.	lots are large enough to permit steps;

				2.	piling foundations are placed in stable soil no 
					more than ten feet apart; and

				3.	reinforcement is provided for pilings more than 
					six feet above the ground level.

		(3)	No mobile home shall be placed in a floodway, except in an 
			existing mobile home park or existing mobile home subdivision.
(Ord. 51, passed  2-8-78)  Penalty, see § 10.99

§ 151.37	FLOODWAYS.
	For locations within areas of special flood hazard established in § 151.07 or 
	areas designated as floodways, since the floodway is an extremely hazardous 
	area due to the velocity of flood waters which carry debris, potential 
	projectiles, and erosion potential, the following provisions apply:

	(A)	Encroachments, including fill, new construction, substantial 
		improvements, and other development, are prohibited unless 
		certification by a registered professional engineer or architect is 
		provided demonstrating that encroachments shall not result in any 
		increase in flood levels during the occurrence of the base flood 
		discharge.

	(B)	If subsection (A) is satisfied, all new construction and substantial 
		improvements shall comply with all applicable flood hazard reduction 
		provisions of this subchapter.

	(C)	The placement of any mobile homes is prohibited, except in an existing 
		mobile home park or existing mobile home subdivision.
(Ord. 51, passed  2-8-78)  Penalty, see § 10.99

ADMINISTRATION AND ENFORCEMENT

§ 151.45	CITY BUILDING INSPECTOR; DUTIES.
	(A)	Designation of City Building Inspector.  The City Building Inspector is 
		hereby appointed to administer and implement this chapter by granting 
		or denying development permit applications in accordance with its 
		provisions.

	(B)	Duties and responsibilities of City Building Inspector.  Duties of the 
		City Building Inspector shall include, but not be limited to, the 
		following:

		(1)	Permit review.  The city Building Inspector shall:

			(a)	review all development permits to determine that the 
				permit requirements of this chapter have been 
				satisfied;

			(b)	review all development permits to determine that all 
				necessary permits have been obtained from those 
				federal, state or local governmental agencies from 
				which prior approval is required;

			(c)	review all development permits to determine if the 
				proposed development adversely affects the carrying 
				capacity of the area of special flood hazard. For 
				purposes of this chapter, ADVERSELY AFFECTS means 
				that the cumulative effect of the proposed development 
				when combined with all other existing and anticipated 
				development will not increase the water surface 
				elevation of the base flood more than one foot at any 
				point.

		(2)	Use of other base flood data.  When base flood elevation data 
			has not been provided in accordance with § 151.07, the City 
			Building Inspector shall obtain, review, and reasonably utilize 
			any base flood elevation data available from a federal, state 
			or other source, in order to administer § 151.36(A) and (B).

		(3)	Information to be obtained and maintained.  The City Building 
			Inspector shall:

			(a)	obtain and record the actual elevation (in relation to 
				mean sea level) of the lowest habitable floor 
				(including basement) of all new or substantially 
				improved structures;

			(b)	for all new or substantially improved floodproofed 
				structures:

				1.	verify and record the actual elevation (in 
					relation to mean sea level); and

				2.	maintain the floodproofing certifications 
					required in § 151.26(C);

			(c)	maintain for public inspection all records pertaining 
				to the provisions of this chapter.

		(4)	Alteration of watercourses.  The city Building Inspector shall:

			(a)	notify adjacent communities and the Water Resources 
				Commission, Bureau of Water Management, prior to any 
				alteration or relocation of a watercourse, and submit 
				evidence of such notification to the Federal Insurance 
				Administration;

			(b)	require that maintenance is provided within the altered 
				or relocated portion of said watercourse so that the 
				flood-carrying capacity is not diminished.

		(5)	Interpretation of FIRM boundaries.  The city Building Inspector 
			shall make interpretations, where needed, as to the exact 
			location of the boundaries of the areas of special flood 
			hazards (for example, where there appears to be a conflict 
			between a mapped boundary and actual field conditions). The 
			person contesting the location of the boundary shall be given a 
			reasonable opportunity to appeal the interpretation as provided 
			in § 151.46.
(Ord. 51, passed 2-8-78)

§ 151.46	APPEALS AND REQUESTS FOR VARIANCES.
	(A)	Generally.

		(1)	The Zoning Board of Appeals as established by the city shall 
			hear and decide appeals and requests for variances from the 
			requirements of this chapter.

		(2)	The Zoning Board of Appeals shall hear and decide appeals when 
			it is alleged there is an error in any requirement, decision, 
			or determination made by the City Building Inspector in the 
			enforcement or administration of this chapter.

		(3)	Those aggrieved by the decision of the Zoning Board of Appeals, 
			or any taxpayer, may appeal such decision to the Ottawa County 
			Circuit Court.

		(4)	In passing upon such applications the Zoning Board of Appeals 
			shall consider all technical evaluations, all relevant factors, 
			standards specified in other sections of this chapter, and:

			(a)	the danger that materials may be swept onto other lands 
				to the injury of others;

			(b)	the danger to life and property due to flooding;

			(c)	the susceptibility of the proposed facility and its 
				contents to flood damage and the effect of such damage 
				on the individual owner;

			(d)	the importance of the services provided by the proposed 
				facility to the community;

			(e)	the necessity to the facility of a waterfront location, 
				where applicable;

			(f)	the availability of alternative locations for the 
				proposed use which are not subject to flooding or 
				erosion damage;

			(g)	the compatibility of the proposed use with existing and 
				anticipated development;

			(h)	the relationship of the proposed use to the 
				comprehensive plan and flood plain management program 
				for that area;

			(i)	the safety of access to the property in times of flood 
				for ordinary and emergency vehicles;

			(j)	the expected heights, velocity, duration, rate of rise, 
				and sediment transport of the flood waters and the 
				effects of wave action, if applicable, expected at the 
				site; and

			(k)	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.

		(5)	Generally, variances may be issued for new construction and 
			substantial improvements to be erected on a lot of ½ acre or 
			less in size contiguous to and surrounded by lots with existing 
			structures constructed below the base flood level, providing 
			items (a)-(k) in subsection (A)(4) above have been fully 
			considered; as lot size increases beyond ½ acre, the technical 
			justification required for issuing the variance increases.

		(6)	Upon consideration of the factors of subsection (A)(4) 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.

		(7)	The City Building Inspector shall maintain the records of all 
			appeal actions and report any variances to the Federal 
			Insurance Administration upon request.

	(B)	Conditions for variances.

		(1)	Variances may 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 the remainder of 
			this section.

		(2)	Variances shall not be issued within any designated floodway if 
			any increase in flood levels during the base flood discharge 
			would result.

		(3)	Variances shall only be issued upon a determination that the 
			variance is the minimum necessary, considering the flood 
			hazard, to afford relief.

		(4)	Variances shall only be issued upon:

			(a)	a showing of good and sufficient cause;

			(b)	a determination that failure to grant the variance 
				would result in exceptional hardship to the applicant; 
				and

			(c)	a determination that the granting of a variance will 
				not:

				1.	result in increased flood heights, additional 
					threats to public safety, or extraordinary 
					public expense;

				2.	create nuisances;

				3.	cause fraud on or victimization of the public 
					as identified in § 151.26(D)(4); or

				4.	conflict with existing local laws or 
					ordinances.

		(5)	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.
(Ord. 51, passed  2-8-78)