22.34.010 PURPOSE

The purpose of this article is to regulate the use of land in those areas of the Village which are subject to predictable flooding by preserving the capacity of flood plains to store and convey flood flows which can reasonably be expected to occur, in order to protect the public health and to better maintain environmental factors and the proper ecological balance, through prohibiting or regulating unnecessary encroachments. Such regulations, while permitting reasonable economic use of such properties, will help protect the public health and reduce financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and inundation of lands, reserve such areas for the impoundment of water to better stabilize stream flow and to better maintain the proper ecological balance.

22.34.020 FLOOD PLAIN

Flood plain as used herein is deemed to mean that area in and adjoining the Rouge River within the Village of Beverly Hills which would be covered by flood waters equal in intensity and character to the "100-Year Flood Plain" as determined by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Village of Beverly Hills, Michigan" dated June 15, 1979, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, the contents of such flood plain study are incorporated herein by reference fully as though set forth in detail herein, copies of which study are on file in the office of the Village Clerk.

22.34.030 BOUNDARIES

When there is a question as to the exact location of the flood plain boundary, the Village of Beverly Hills Engineer may determine the limits. Such determination may include assistance rendered by the Michigan Water Resources Commission and the U.S. Army Corps of Engineers.

The Village Council may, upon petition, permit minor modification to the delineation of the flood plain boundary after review and recommendation from the Village Engineer and upon a finding by the Village Council that existing land contours or planned changes in land contours require such minor modification. Provided, however, that no changes in land contours or resulting changes in flood plain boundaries shall be approved which would alter the discharge capacity of the flood plain.

22.34.040 GENERAL REGULATIONS

There shall be no new construction of buildings, substantial improvements (equal to fifty percent (50%) or more of market value), or changes in existing topographical features within the flood plain except as hereinafter approved:

a. Piers, pilings, roadways, paved areas, and structures not intended for human habitation or occupancy may be constructed within the flood plain, provided that they will not impede, obstruct or divert the flow of water or debris in the flood plain so as to alter its discharge capacity or otherwise adversely affect the public health, safety and welfare, or cause damage to public or private property in the event of flood. For purposes of flood plain regulation, the term "structure" shall mean any assembly of building materials, earth, logs, or rocks forming a construction for use, including among others, bridges, buildings, cages, docks, fences, platforms, sheds, shelters, signs, tanks, towers, trestles, walls and wharfs.

b. Filling, land balancing, and landscaping (including new plant materials, patios, and other such features) may be constructed or placed in the flood plain, provided that they will not impede, obstruct or divert the flow of water or debris in the flood plain so as to alter materially its discharge capacity, or otherwise adversely affect the public health, safety and welfare, or cause damage to public or private property in the event of flood. Any filling or topographical change of lands in the flood plain or adjacent to flood plain boundaries shall have erosion control to prevent soil from being washed into the flood plain.

c. Alterations and additions may be made to existing buildings within the flood plain provided that they will not impede, obstruct or divert the flow of water or debris in the flood plain so as to alter materially its discharge capacity, or otherwise adversely affect the public health, safety and welfare, or cause damage to public or private property in the event of flood, and provided they are designed to afford protection to the occupants of the building from injury or loss attributable to flood.

d. New buildings may be constructed within the flood plain only if they are designed and situated in such manner that they will not impede, obstruct or divert the flow of water or debris in the flood plain so as to alter materially its discharge capacity, or otherwise adversely affect the public health, safety and welfare, or cause damage to public or private property in the event of flood.

e. Where buildings or structures are permitted in the flood plain or on any land immediately adjoining the flood plain by other sections of this ordinance, the elevation of the lowest floor shall be determined by the use to be made thereof in accordance with the following:

1. The elevation of the lowest floor designed or intended for human habitation in residential buildings, and the elevation of the lowest floor designed or intended for retail, office, or other business uses in a business building shall be at least three feet (3') above the elevation of the flood plain boundary.

2. The elevation of a basement floor or other floor not designed or intended for human habitation in a residential building, and the elevation of a basement floor used for storage, mechanical equipment, and similar uses in a business building shall be no lower than the elevation of the flood plain boundary.

3. Floors of mechanical equipment buildings, garages, parking areas, carports, and similar accessory buildings may be below the elevation of the flood plain boundary.

f. When a parcel or lot is R-A, R-1, R-1A, R-2, R-2A or R-3 District and a portion thereof is within the flood plain, the portion thereof within the flood plain may be used to compute the lot area requirements set forth in the Schedule of Regulations. For all other uses the area of the flood plain which may be used to compute density and for parking thereon shall not exceed twenty-five percent (25%) of the property involved. In no instance shall the density credit and parking area exceed twenty-five percent (25%) of the area outside the flood plain. The restrictions imposed herein shall be in addition to the restrictions imposed by any other Zoning District in which said lands shall be located.

g. Construction Materials and Methods. All new construction and substantial improvements shall be:

1. Anchored to prevent flotation, collapse, or lateral movement of the structure;

2. Constructed with materials and utility equipment resistant to flood damage; and

3. Constructed using methods and practices that minimize flood damage.

h. Utilities:

1. All new and replacement water supply systems eliminate infiltration of flood waters into the systems.

2. All new and replacement sanitary sewage systems shall eliminate infiltration of flood waters into the systems and discharges for systems into flood waters. On-site waste disposal systems shall be located to avoid impairment to the system during flooding.

3. All public utilities and facilities shall be designed, constructed, and located to eliminate flood damage.

i. Subdivision proposals shall be reviewed to assure that:

1. Such proposals minimize flood damage and that adequate drainage is provided; and

2. When the proposal is greater than fifty (50) lots or five (5) acres, base flood elevation data shall be provided.

j. Flood proofing methods are permitted for non-residential structures only. Minimum flood proofing standards shall require that the portion of the structure below the base flood level, together with attendant utility and sanitary facilities shall be watertight with walls substantially impermeable to the passage of water, have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyance, and be certified by a registered engineer or architect that the flood proofing standards of this subsection are met.

22.34.050 FLOOD PLAIN USE PERMITS

a. No activity regulated herein shall be undertaken except as authorized by a flood plain use permit to be issued by the Building Official upon adoption of a resolution of approval by the Village Council and upon a showing that such regulated activity shall have been permitted by an order or rule of the Water Resources Commission of the State of Michigan or by a valid permit issued therefor by the Department of Natural Resources of the State of Michigan under the provisions of State law, and upon a determination that the applicant has complied with all other applicable provisions of Village ordinances, and that all necessary permits have been obtained from those Federal government agencies from which prior approval is necessary.

b. Applications for flood plain use permits shall be referred by the Building Official to the Village Council for review and consideration as to whether or not a resolution of approval should be adopted. The Village Council may, at its sole discretion, request advisory recommendations from the Village Engineer, the Planning Board, or other municipal officials or bodies. A resolution of approval shall be adopted by the Village Council if it should determine that the proposed use would be consistent with the public health, safety and welfare after considering the following factors:

1. Private or community use for the proposed facility or use.

2. Importance of a proposed waterfront location.

3. Alternative locations not subject to flooding.

4. Compatibility with existing and proposed flood plain development and use.

5. Relationship to comprehensive plans and flood plain management program.

6. Environmental compatibility.

7. Danger to life and property due to increased flood heights or velocities cause by encroachments.

8. Danger from materials swept downstream.

9. Ability of public utilities to function during floods and the prevention of disease and contamination.

10. The susceptibility of the proposed facility and its contents to flood damage.

11. Potential flood heights, velocities, duration, rate of rise and sediment transport.

12. Accessibility to ordinary and emergency vehicles.

13. Such other factors as may be relevant to the proposed use and the purpose of this Section.

c. Applicants for flood plain use permits shall submit their applications or, upon subsequent request of the Building Official or the Village Council, such topographical data, engineering studies, and other information as may be requested at the applicant's expense. The applicant may be required to submit engineering data prepared or certified by a registered professional engineer.

d. Applicants may appeal any administrative action of the Building Official made hereunder to the Zoning Board of Appeals in the same manner and subject to the same conditions as set forth for appeals in this Ordinance. The action by the Village Council herein shall not be subject to nor form the basis of such an appeal and shall be deemed to constitute a final determination by the Village of Beverly Hills as to whether a resolution of approval should be adopted pursuant to this section.

e. The Building Official shall:

1. Obtain and maintain records of elevation as required in Section 22.34.040 (e) and floodproofing certification as required in Section 22.34.040 (f); and

2. Notify adjacent communities, the Michigan Department of Natural Resources, Water Management Division, and the Federal Insurance Administration prior to any alteration or relocation of a watercourse, and execute this section so as to maintain within the altered or relocated watercourse the flood carrying capacity so that it is not diminished.

22.34.060 FLOODWAY

Located within the area of special flood hazard established in Section 22.34.020 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, all encroachments, including fill, new construction, substantial development, and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge, shall be prohibited.