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Ordinance #18 - Floodplain Management
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FLOODPLAIN MANAGEMENT
(Ord. No. 18)
 
An ordinance to amend the Township Building Code (Ordinance No. 11) for the purpose of participation in the National Flood Insurance Program and compli­ance with applicable statutory and regulatory requirements there under.
 
THE TOWNSHIP OF BERRIEN ORDAINS:
 
140.001           Name.
 
Sec. 1. This Ordinance shall be known as the Floodplain Management Amend­ment to the Building Code of the Township of Berrien.
 
Purpose. The purpose of this Ordinance is to significantly reduce hazards to persons, property damage, and public expenditures, and to provide for the availability of flood insurance and federal funds or loans through participation in the National Flood Insurance Program and compliance with statutory and regulatory requirements there under.
(Ord. No. 18, Eff. Aug. 19, 1988)
 
140.002           Definitions.
 
Sec. 2. For the purposes of this Ordinance, the following definition shall apply:
 
"Base Flood" means the flood having a one-percent chance of being equaled or exceeded in any given year.
or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; or (2) the unusual and rapid accumulation or runoff of surface waters from any source.
means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as Zone A.
means land which on the basis of available floodplain information is subject of a one-percent or greater chance of flooding in any given year.
means an official map of a community on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Regulatory Flood Datum" (RFD) means the 100-year floodplain contour line synonymous with base flood elevation.
"Structure" means a walled and roofed building that is principally above ground, gas or liquid storage facility, as well as a mobile home.
“Substantial Improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (1) before the improvement or repair is started, or (2) 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 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 of a State Inventory of Historic Places.
(Ord. No. 18, Eff. Aug. 19, 1988)
 
140.003           Floodplain map.
 
Sec. 3. The map entitled, "Flood Insurance Rate Map of the Township of Berrien, Berrien County", dated August 16, 1988, shall be the official map for determinations and regulations pursuant to this Ordinance.
(Ord. No. 18, Eff. Aug. 19, 1988)
 
140.004           Incorporation of flood proofing regulations.
 
Sec. 4. The Sections of the nationa1ly recognized construction code entitled Army Corps of Engineers Flood Proofing Regulations specifically cited in this Ordinance sha1l be incorporated by reference as additions to the code and regulations administered by the building inspector to be applied and enforced as set forth in this Ordinance.
(Ord. No. 18, Eff. Aug. 19, 1988)
 
140.005           Floodplain regulations.
 
Sec. 5.
(a)          The building inspector shall insure that all necessary permits have been issued, including a floodplain permit, approvals, or letter of no authority from the Michigan Department of Natural Resources under authority of Act 245, P.A. 1929, as amended by Act 167, P.A. 1968.
(b)         Where an area of special flood hazard has been identified by the map referenced in Section 3, but no elevation data is available, the building inspector shall require new or substantially improved structures in the identified area to meet the standards of one of the Sections 401.2, 401.3, 401.4,401.5, 612.2.1, 612.2.2, or 612.2.3, of the Army Corps Regulations, as applicable.
(c)          Where an area of special flood hazard has been identified by the map referenced in Section 3 and elevation data is available, the building inspector shall require: (1) new and substantially improved residential structures to meet the standards of either Section 612.2.1, 612.2.2, or 612.2.3 of the Army Corps Regulations, as applicable, and (2) new and substantially improved nonresidential structures to meet the standards of either Section 612.2.1, 612.2.2, 612.2.3, 401.2 or 401.3 of the Army Corps Regulations.
(d)         The building inspector shall obtain first floor elevation information and maintain a record for structures in the special flood hazard area identified by the map referenced in Section 3 indicating the elevation of lowest habitable floor, whether the structure contains a basement, and the eleva­tion of which the structure has been flood proofed.
(e)          The building inspector shall obtain, review, and reasonably utilize flood data available from other federal, state or other sources pending receipt of data from the Federal Insurance Administration. The most recent flood elevation data received from the Federal Insurance Administration shall take prece­dence over data from other sources.
(Ord. No. 18, Eff. Aug. 19, 1988)
 
140.006           Severability.
 
Sec. 6. This Ordinance and its various parts, sections, and clauses are hereby declared severable. If any part, section or clause is adjudged unconstitutional or otherwise legally invalid, it is hereby provided that the remainder of the Ordinance shall not be affected thereby.
(Ord. No. 18, Eff. Aug. 19, 1988)
 
140.007           Repeal.
 
Sec. 7. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. All other portions of Ordinance No. 11 are hereby reaffirmed and ratified.
(Ord. No. 18, Eff. Aug. 19, 1988)
 
140.008           Effective date.
 
Sec. 8. This Ordinance shall become effective 30 days after the date of adoption and publication.
(Ord. No. 18, Eff. Aug. 19, 1988)


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