Flood Hazards

Drains and drainage; flood control projects - see M.C.L.A. Secs. 280.429, 280.431

Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application. As used in this chapter:

(a) "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

(b) "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures and mining, dredging, filling, grading, paving, excavation and drilling operations.

(1) The overflow of inland or tidal waters; or

(2) The unusual and rapid accumulation or run-off of surface waters from any source.

(d) "Flood plain" and "flood-prone area" mean any land area susceptible to being inundated by water from any source.

(e) "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(f) "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor."

(g) "Mobile home" means a structure, transportable in one or more sections, which is 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. The term includes, but is not limited to, the definition of "mobile home" as set forth in regulations governing the Mobile Home Safety and Construction Standards Program (24 CFR 3282.7(a)).

(h) "Person" includes any individual or group of individuals, corporation, partnership, association or any other entity, including State and local governments and agencies.

(i) "Responsible person" means the Superintendent of Building Inspection of the City or his authorized representative.

(j) "Riverine" means relating to, formed by, or resembling, a river (including tributaries), stream, brook, etc.

(k) "Structure" means, for plain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home.

(l) "Substantial improvement" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent 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 the alteration affects the external dimensions of the structure. The term does not, however, include either:

(1) 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

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

(m) "Variance" means a grant of relief by a community from the terms of a flood plain management regulation.

(n) "Flood Insurance Rate Map" (FIRM) means 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.

(o) "Flood Insurance Study" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

(p) "Floodway" means 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 .1 foot.

1442.02 PERMIT REQUIREMENTS.

No person shall erect, construct, enlarge, alter, repair, improve, move or demolish any building or structure without first obtaining a separate permit for each building or structure from the designated responsible person.

No man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures and mining, dredging, filling, grading, paving, excavation or drilling operations, shall be commenced until a separate permit has been obtained therefor from the designated responsible person for each change.

No mobile home shall be placed on improved or unimproved real estate unless a separate permit for each mobile home has been obtained from the designated responsible person.

1442.03 PERMIT APPLICATION; FEE.

To obtain a permit, the applicant shall first file an application on a form furnished for that purpose. The form must be completed and submitted to the designated responsible person with the standard building permit fee before the issuance of a permit will be considered.

1442.04 REVIEW OF PERMIT APPLICATIONS.

(a) The responsible person is hereby appointed as the person responsible for receiving applications and examining the plans and specifications for the proposed construction or development. After reviewing the application, the responsible person shall require any additional measures which are necessary to meet the minimum requirements of this chapter.

(b) The responsible person shall review proposed developments to ensure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U. S. C. 1334.

(c) The responsible person shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure; be constructed with materials and utility equipment resistant to flood damage; and be constructed by methods and practices that minimize flood damage. (Res. 69. Passed 5-17-77.)

1442.05 REVIEW OF SUBDIVISION AND OTHER NEW DEVELOPMENT PROPOSALS.

The responsible person shall review subdivision proposals and other proposed new development to determine whether such developments will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposal shall be reviewed to ensure that the development is consistent with the need to minimize flood damage within the flood-prone area; that all public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; and that adequate drainage is provided to reduce exposure to flood hazards.

1442.06 WATER SUPPLY SYSTEMS.

The responsible person shall require, within flood-prone areas, new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems.

1442.07 SANITARY SEWERAGE AND ON-SITE WASTE DISPOSAL SYSTEMS.

(a) New and replacement sanitary sewerage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and

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

1442.08 BASE FLOOD ELEVATION DATA.

The responsible person shall require that all subdivision proposals and other proposed new developments greater than fifty lots or five acres, whichever is less, include within such proposals base flood elevation data.

1442.09 LOWEST FLOOR ELEVATIONS IN RESIDENTIAL AND NONRESIDENTIAL STRUCTURES.

The responsible person shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, until such other data have been provided by the Administrator, as criteria for requiring that all new construction and substantial improvements of residential structures have the lowest floor (including the basement) elevated to or above the base flood level, and that all new construction and substantial improvements of commercial, industrial or other nonresidential structures 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, shall:

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

(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

1442.10 INFORMATION REQUIRED TO DETERMINE FLOOD INSURANCE RATES.

For the purpose of determining applicable flood insurance risk premium rates within Zone A on the community's Flood Hazard Boundary Map (FHBM), the responsible person shall:

(a) Obtain, or require the applicant to furnish, the elevation (in relation to mean sea level) of the lowest habitable floor (including the basement) of all new or substantially improved structures, and a statement as to whether or not such structures contain a basement;

(b) Obtain, or require the applicant to furnish, if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; and

1442.11 ALTERATION OR RELOCATION OF WATERCOURSES.

(a) The responsible person shall notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Insurance Administration.

(b) The responsible person shall ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

1442.12 ANCHORING OF MOBILE HOMES.

(a) The responsible person shall require that all mobile homes to be placed within Zone A on the community's Flood Hazard Boundary Map 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:

(1) Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than fifty feet long requiring one additional tie per side.

(2) Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than fifty feet long requiring four additional ties per side.

(3) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

(4) Any additions to the mobile home shall be similarly anchored.

(b) 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 fifty percent 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, specific requirements shall be that:

(1) 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.

(2) Adequate surface draining and access for a hauler are provided.

(3) If elevated on pilings:

A. Lots shall be large enough to permit steps.

B. Piling foundations shall be placed in stable soil not more than ten feet apart.

C. Reinforcement shall be provided for pilings more than six feet above the ground level.

(c) No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision.

1442.13 BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD.

Areas of special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Battle Creek," dated October, 1982, which, together 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 with the City Clerk.

1442.14 FLOODWAYS.

Located within areas of special flood hazard established in Section 1442.13 are areas designated as floodways. Since a floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply to floodways:

(a) Encroachments, including fill, new construction, substantial improvements and other development, are prohibited, unless a technical evaluation demonstrates that encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

(b) Where new construction and substantial improvements are permitted, they shall comply with all applicable flood hazard reduction provisions of Section 1442.09.

(c) The placement of any mobile home, except in an existing mobile home park or existing mobile home subdivision, is prohibited.

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Flood Hazards

Codified Ordinances of Battle Creek

CHAPTER 1442

Flood Hazards

CROSS REFERENCES

1442.01 DEFINITIONS.

1442.02 PERMIT REQUIREMENTS.

1442.03 PERMIT APPLICATION; FEE.

1442.04 REVIEW OF PERMIT APPLICATIONS.

1442.05 REVIEW OF SUBDIVISION AND OTHER NEW DEVELOPMENT PROPOSALS.

1442.06 WATER SUPPLY SYSTEMS.

1442.07 SANITARY SEWERAGE AND ON-SITE WASTE DISPOSAL SYSTEMS.

1442.08 BASE FLOOD ELEVATION DATA.

1442.09 LOWEST FLOOR ELEVATIONS IN RESIDENTIAL AND NONRESIDENTIAL STRUCTURES.

1442.10 INFORMATION REQUIRED TO DETERMINE FLOOD INSURANCE RATES.

1442.11 ALTERATION OR RELOCATION OF WATERCOURSES.

1442.12 ANCHORING OF MOBILE HOMES.

1442.13 BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD.

1442.14 FLOODWAYS.