ARTICLE II. FLOOD DAMAGE PREVENTION1
DIVISION 1. GENERALLY
66-26 Purpose.
(a) It is the purpose of this article 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:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) 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;
(6) Help maintain a stable tax base by providing for the use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) Ensure that potential buyers are notified that property is in an area of special flood hazard; and
(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(b) In order to accomplish its purpose, this article includes methods and provisions for:
(1) 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;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(Code 1985, § 7-20)
66-27 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administrator means the administrator of the building and safety engineering division of the community development department, or any designated agent thereof.
Appeal means a request for a review of the administrator’s interpretation of any provisions of this article, or a request for a variance.
Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.
Base flood means the flood having a one percent chance of being equalled or exceeded in any given year.
Development means any manmade 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 means 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 September 1, 1979.
Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete or the construction of streets).
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; and/or the unusual and rapid accumulation or runoff of surface waters from any source.
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.
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.
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.
Habitable floor means 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 means 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 mobile home park or mobile home subdivision means 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 September 1, 1979.
Start of construction means 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 a 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 means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally aboveground.
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:
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 means a grant of relief from the requirements of this article which permits construction in a manner that would otherwise be prohibited by this article.
(Code 1985, § 7-21)
Cross reference—Definitions generally, § 1-2.
66-28 Lands to which this article applies.
This article shall apply to all areas of special flood hazards within the jurisdiction of the city.
(Code 1985, § 7-22)
66-29 Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the flood insurance study (FIS) and accompanying flood insurance rate maps (FIRM) panels for the City of Pontiac, Michigan (FEMA Community No. 260177), specifically, FIRM Panels Nos. 26125C0358F, 26125C0362F, 26125C0364F, 26125C0366F, 26125C0367F, 26125C0368F, 26125C0369F, 26125C0388F, 26125C0502F, 26125C0506F, 26125C0507F, and 26125C0526F prepared by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), effective on September 29, 2006, with the revised FIRM Index 26125C1A and 26125C2A.
The flood insurance study (FIS) and accompanying flood insurance rate maps (FIRM) panels for the City of Pontiac, Michigan (FEMA Community No. 260177) are on file with the administrator.
(Code 1985, § 7-23; Ord. No. 2195, § 1, 4-5-07)
66-30 Penalties for noncompliance.
No structure or land shall be constructed, located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses incurred by the city in the investigation and prosecution of the case. Nothing contained in this section shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Code 1985, § 7-24)
66-31 Warning and disclaimer of liability.
The degree of flood protection required by this article 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 article does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article 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 article or any administrative decision lawfully made thereunder.
(Code 1985, § 7-24.1)
66-32—66-40 Reserved.
DIVISION 2. ADMINISTRATION2
66-41 Administrator—Designated.
The administrator of the building and safety engineering division, community development department, or any of his designated agents, is hereby appointed to administer and implement this article by granting or denying building permit applications in accordance with its provisions.
(Code 1985, § 7-24.3)
66-42 Same—Duties and responsibilities.
(a) Duties of the administrator shall include, but not be limited to:
(1) Review all building permits to determine that the permit requirements of this article have been satisfied.
(2) Review all building permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(3) Review all building permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of section 66-58(1) are met.
(4) Information to be obtained and maintained:
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, and whether or not the structure contains a basement.
b. For all new 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 section 66-43(b)(3).
c. Maintain for public inspection all records pertaining to the provisions of this article.
(5) Alteration of watercourse:
a. Notify adjacent communities and the state department of natural resources, water management division, 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 such watercourse so that the flood-carrying capacity is not diminished.
(6) Interpretation of FIRM boundaries. 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 section 66-44
(b) When base flood elevation data has not been provided in accordance with section 66-29, concerning basis for establishing the areas of special flood hazard, the administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer sections 66-57(1), concerning specific standards for residential construction, and section 66-57(2), pertaining to nonresidential construction.
(Code 1985, § 7-24.4)
66-43 Permit requirements.
(a) A building permit, as required by the building code of the city, shall be obtained before construction or development begins within any area of special flood hazard established in section 66-29. Application for a building permit shall be made on forms furnished by the administrator, and 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, and drainage facilities; and the location of the foregoing.
(b) Specifically, the following information is required for a permit under this section:
(1) Elevation in relation to mean sea level of the lowest floor, including basement, of all structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in section 66-57(2);
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and
(5) Compliance with the building code requirements of the city.
(Code 1985, § 7-24.2)
66-44 Variance procedures.
(a) Appeal board.
(1) The building code board of appeals, as established by the city council, shall hear and decide appeals and requests for variances from the requirements of this article.
(2) The 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 administrator in the enforcement or administration of this article.
(3) Those aggrieved by the decision of the board of appeals, or any taxpayer, may appeal such decision to the appropriate court.
(4) In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, 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 or erosion damage;
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 floodplain management program of 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) Upon consideration of the factors listed in subsection (a)(4) of this section and the purposes of this article, the building code board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(6) The administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
(b) Conditions for variances.
(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items a—k in section 66-44(a)(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(2) 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.
(3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary action, considering the flood hazard, to afford relief.
(5) 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 result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in section 66-44(a)(4), or conflict with existing local laws or ordinances.
(6) 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.
(Code 1985, § 7-24.5)
66-45—66-55 Reserved.
DIVISION 3. FLOOD HAZARD REDUCTION
66-56 General standards.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring:
a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
b. All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:
1. 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;
2. 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;
3. All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
4. Any additions to the mobile home be similarly anchored.
(2) Construction materials and methods:
a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(3) Utilities:
a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
b. 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; and
c. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding.
(4) Subdivision proposals:
a. All subdivision proposals shall be consistent with the need to minimize flood damage;
b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
d. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres, whichever is less.
(Code 1985, § 7-24.6)
66-57 Specific standards.
In all areas of special flood hazard where base flood elevation data have been provided, as set forth in section 66-29, concerning basis for establishing the areas of special flood hazard, or in section 66-42(b), concerning use of other base flood data, the following standards are required:
(1) 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.
(2) 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:
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
c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the administrator as set forth in section 66-42(a)(4)b.
(3) Mobile homes:
a. Mobile homes shall be anchored in accordance with section 66-56(1)b.
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 50 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, it is required 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 drainage and access for a hauler are provided; and
3. In the instance of elevation on pilings, that:
i. Lots are large enough to permit steps;
ii. Piling foundations are placed in stable soil no more than ten feet apart; and
iii. Reinforcement is 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.
(Code 1985, § 7-24.7)
66-58 Floodways.
Located within areas of special flood hazard established in section 66-29 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, the following provisions apply:
(1) Encroachments, including fill, new construction, substantial improvements and other development, are prohibited, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2) If subsection (1), above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this division.
(3) The placement of any mobile homes is prohibited except in an existing mobile home park or existing mobile home subdivision.
(Code 1985, § 7-24.8)
Federal law references—Flood Disaster Protection Act of 1973, Public Law 93-234; Housing and Urban Development Act of 1969, Public Law 91-152; Housing and Urban Development Act of 1968, Public Law 90-448; 42 USC 4001 et seq.; 82 Stat 572.
Cross reference—Administration, ch. 2.