Municipal Code
CHAPTER 1464 Flood Hazard Areas
1464.01 Purpose.
1464.02 Intent.
1464.03 Definitions.
1464.04 Permitted uses in the flood plain.
1464.05 Permitted uses above the flood plain.
1464.06 Prohibited uses in the flood plain.
1464.07 Permitted uses on appeal.
1464.08 Alterations and additions to buildings and
structures.
1464.09 Utilities and essential services.
1464.10 Flood plain use permits.
1464.11 Appeals.
1464.12 Basis for interpretations and decisions.
1464.99 Penalty.
CROSS REFERENCES
Ground and storm waters - see S.U. & P.S. 1042.10(e)
Watercourses and wetlands as natural buffer zones - see
P. & Z.
Ch. 1266
1464.01 PURPOSE.
It is the purpose of flood plain controls to apply
special regulations to the use of land in those areas of
the Village which are subject to flooding at recurring
intervals, to protect economic property values,
aesthetic values, riparian rights and other natural
resource values associated with the flood plains of
Franklin Village. Such regulations, while permitting
reasonable economic use of such properties, will protect
the public health and reduce financial burdens imposed
on the community, its governmental units and its
individuals by periodic floods, and reserve such areas
for the impoundment of the water to better stabilize
stream flow and to better maintain the proper ecological
balance. (Ord. 131. Passed 3-19-79.)
1464.02 INTENT.
It is the intent of Council that construction or other
activities will not, by any direct or inadvertent
action, impeded, obstruct or divert the flow of water in
the flood plain so as to alter its discharge capacity
and natural storage, or otherwise adversely affect the
public health, safety and welfare, or cause substantial
damage to public or private property in the event of a
flood. Further, it is the intent of Council to avoid
pollution of the Franklin River. (Ord. 131. Passed
3-19-79.)
1464.03 DEFINITIONS.
For the purposes of this chapter, certain words and
terms used herein shall be interpreted or defined as
follows:
(a) "Flood plain" means that area in and adjoining the
Franklin River within the Village of Franklin which
would be covered by flood waters two feet higher than
those produced by a storm equal in intensity and
character to the flood which occurred in April, 1947, as
it would affect the route of the river under 1964
conditions as established by the profiles in the U.S.
Army Corps of Engineers Flood Plain Report for the Rouge
River, dated December, 1966, and any amendments or
additions to said Report acceptable to the Michigan
Water Resources Commission.
(b) "Flood plain boundaries" means those areas
designated and defined as flood plains by the Village
Council on the recommendations of its Engineer or
consultant as established by an elevation of two feet
above the surface profile of the flood of April, 1947,
in the aforementioned Report dated December, 1966, and
any amendments or additions to said Report acceptable to
the Michigan Water Resources Commission. Copies of such
Report may be reviewed in the Village Clerk's office.
Where there is a question as to the exact boundaries and
limits, the Village Engineer shall determine the same.
Such determination may include assistance rendered by
the Michigan Water Resources Commission and/or the U.S.
Army Corps of Engineers.
(c) "Floodway fringe" means the remainder of the flood
plain less the floodway, where water is standing or
moving slowly at or during flood stage.
(d) "Structure" means any assembly or building
materials, earth, logs, bituminous material, cement or
rock forming a construction for use, including bridges,
dams, walls, docks, platforms, paving areas, fences and
the like, which would interfere in any way with the flow
of water.
(Ord. 131. Passed 3-19-79.)
1464.04 PERMITTED USES IN THE FLOOD PLAIN.
When the use proposed herein is allowed in a zoning
district, only the following uses and types of
activities are permitted in the designated flood plain:
(a) Gardening, horticulture and agriculture uses, not
including related buildings or structures;
(b) Private recreational uses, no including related
buildings or structures;
(c) Residential supportive uses consisting of lawns,
gardens, play areas and parking areas, but not including
supportive buildings or structures.
(d) Wildlife sanctuaries and horticulture nurseries,
provided the same do not require or cause a material
change in the natural grades of the terrain.
(Ord. 131. Passed 3-19-79.)
1464.05 PERMITTED USES ABOVE THE FLOOD PLAIN.
In the area above the flood plain boundary, those uses
permitted by the zoning district established for the
parcel subject to regulation of such district are
permitted provided that:
(a) The elevation of the lowest floor designed or
intended for human habitation and/or employment shall be
at least three feet above the flood plain boundary.
(b) In the area below the upper limit of the flood plain
boundary, dumping or backfilling with any material in
any manner is prohibited.
(c) Any filling or modification on banks adjacent to
flood plain boundaries shall have approved erosion
control by the Village Engineer to prevent soil being
washed into the floodplain. (Ord. 131. Passed 3-19-79.)
1464.06 PROHIBITED USES IN THE FLOOD PLAIN.
The following uses are prohibited for reasons expressed
in Section 1464.01:
(a) New buildings constructed within the designated
flood plain;
(b) Direct drainage tiles from septic tanks or waste
treatment plants;
(c) Paved surfaces constructed within the flood plain,
except by special permit as set forth in Section
1464.07;
(d) Construction of any conduit pipe or culvert or open
or closed drainage facility erected for the purpose of
carrying storm water run-off from any site of two or
more single-family residences, commercial sites, parking
areas, paved or unpaved private or public roads, or any
other land use permitting discharge of slit, sediment,
organic or inorganic materials, chemicals, fertilizer,
flammable liquids or any substance producing turbidity,
except through an interceptor retention or settling
basin, filter or treatment facility designed to control
or eliminate the pollutant before discharge into the
floodway. (Ord. 131. Passed 3-19-79.)
1464.07 PERMITTED USES ON APPEAL.
The erection of structures elevated on piers or piling
and the paving of areas within the flood plain boundary
requires special approval from the Village Planning
Commission and consultants deemed necessary by the
Planning Commission after review of the complete
building plans and recommendation from the Village
Engineer through consultation with the Michigan Water
Resources Commission. To obtain special approval, the
following conditions must be met:
(a) Supports must not impede the natural flow of water
or disrupt the flood plain holding capacity.
(b) Paving shall have proper drainage facilities
installed to prohibit contamination of the flood plains
and water.
(c) There shall be no increase in the rate or volume of
run-off.
(d) There shall be no substantial detriment to the
surrounding natural environment. Exhibits submitted for
review to the Planning Commission will need to provide
sufficient detailed information with respect to
supports, spacing, height, anchorage and topographical
data.
(Ord. 131. Passed 3-19-79.)
1464.08 ALTERATIONS AND ADDITIONS TO BUILDINGS AND
STRUCTURES.
Alterations and additions may be made to existing
buildings and structures within the flood plain,
provided the requirements of Section 1464.02 have been
met, and provided that in said alterations and/or
additions, construction materials and utility equipment
that are resistant to flood damage are used. A permit
must be obtained from the Village prior to any
construction, pursuant to Section 1464.10. The approval
procedure outlined in Section 1464.07 shall be followed.
(Ord. 131. Passed 3-19-79.)
1464.09 UTILITIES AND ESSENTIAL SERVICES.
All public utilities and facilities, such as sewer, gas,
electrical and water systems, must be located, elevated
and/or constructed to minimize or eliminate flood
damage, and adequate drainage must be provided so as to
reduce exposure to flood hazards. All new or replaced
water systems and/or sanitary sewer systems must be
designed to minimize or eliminate infiltration of flood
waters into the system and discharges from the system
into flood waters.
Land fill will not be permitted within the flood plain
but contouring of existing land above the flood plain
boundary is permitted, provided that the requirements of
Section 1464.05(c) are met and provided that
authorization has been obtained as specified in Section
1464.10. (Ord. 131. Passed 3-19-79.)
1464.10 FLOOD PLAIN USE PERMITS.
(a) No activity regulated in this chapter shall be
undertaken except as authorized by a flood plain use
permit. Each parcel shall be required to have a separate
flood plain use permit.
(b) Said permit will be issued by the Building Official
to each applicant for every parcel only after adoption
of a resolution of approval by the Village Council and
upon proof that such regulated activity shall have been
permitted by an order or rule of the Michigan Water
Resources Commission or the Michigan Department of
Natural Resources, and, further, upon proof that the
applicant has complied with all other applicable Village
ordinances.
(c) The Village Council shall, prior to adopting a
resolution as set forth in subsection (b) hereof,
request written recommendations from the Village
Engineer, the Planning Commission, and, if so desired,
from other consultants.
(d) Applicants shall submit their applications, together
with such topographical data, engineering studies and
other information as may be required. Said information
shall be furnished completely at the applicant's
expense. In addition, said engineering data shall be
required to be prepared or certified by a registered
civil engineer.
(Ord. 131. Passed 3-19-79.)
1464.11 APPEALS.
(a) Right of Appeal. Applicants may appeal an
administrative action of the Building Official, made
under this chapter, to the duly constituted Board of
Zoning Appeals.
(b) Form of Appeal. All appeals must be in writing,
stating the nature of the complaint and the extent of
the variance required.
(c) Hearing Fee. The person taking the appeal shall pay
a fee of fifteen dollars ($15.00) for residential
matters and fifty dollars ($50.00) for nonresidential
matters. If a special meeting of the Board of Zoning
Appeals is requested, the fee will be one hundred
dollars ($100.00).
(d) Interim Actions. The Building Official shall have
the right to order the immediate abatement and
correction of any condition eminently dangerous to life
and/or property within the scope of this chapter and in
all instances.
(e) Notice of Meeting. The Board shall meet upon notice
of the Chairperson within thirty days of the filing of
the appeal.
(f) Action of the Board. The Board may affirm, modify or
reverse the decision of the Building Official.
Irrespective of the actions of the Village Council
and/or the Planning Commission, the Board shall make the
final determination as to whether a resolution of
approval should be adopted for the issuance of a flood
plain use permit. (Ord. 131. Passed 3-19-79.)
1464.12 BASIS FOR INTERPRETATIONS AND DECISIONS.
(a) Standards. All activity regulated by this chapter
shall be evaluated by the Building Official, the
Planning Commission, Village Council, the Village
Engineer, a Village consultant and the Board of Zoning
Appeals, as the case may be, according to any and all of
the following guidelines:
(1) Whether the use has been permitted by an order or
rule of the Michigan Water Resources Commission;
(2) Whether a valid permit has been issued for the
stated use by the Michigan Department of Natural
Resources;
(3) Whether all other applicable Village ordinances have
been complied with in the application;
(4) The private or community need for the proposed
facility or use;
(5) The relative importance of the proposed location;
(6) Alternative locations not subject to flooding;
(7) Compatibility with existing and/or proposed flood
plain development and use;
(8) Environmental compatibility;
(9) Danger to life and property due to increased flood
heights or velocities caused by encroachments or
materials or debris swept downstream;
(10) Susceptibility of the proposed facility and
contents to flood damage; and
(11) Such other factors as may be relevant to the
proposed use as requested.
(b) Form of Decisions. Any and all decisions made
relative to the applications must be in writing and
addressed to the applicant. Said decisions must, at all
levels, state the reasons(s) for the rendered decision.
(Ord. 131. Passed 3-19-79.)
1464.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code
penalty if no specific penalty is provided.)
