Loading...
HomeMy WebLinkAbout283 , , '-'.. . . , , . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 283 AN ORDINANCE ADDING CHAPTER 9.6 TO THE ARDEN HILLS MUNICIPAL CODE AND REPEALING CHAPTER 9.5 RELATIVE TO THE FLOOD PLAIN MANAGEMENT. The Arden Hills City Council ordains that Chapter 9.6 and its subdivisions are hereby added to the Arden Hills Municipal Code to read as follows: CHAPTER 9.6 - FLOOD PLAIN MANAGEMENT ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Section 9.6-1. statutory Authorization: This regulation is enacted pursuant to the provisions of M.S. l03F and 462.357, which outlined local government units to adopt regulations designed to minimize flood losses. Section 9.6-2. Findings of Fact: . (A) The flood hazard areas of the City of Arden Hills, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (E) Method Used to Analyze Flood Hazards. These regulations are based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. Section 9.6-3. Statement of Purpose: It is the purpose of Chapter 9.6 to promote the public health, safety, and general welfare and to minimize those losses described in Section 9.6-2(A) by provisions contained herein. ARTICLE II. GENERAL PROVISIONS Section 9.6-4. Lands to Which Ordinance Applies: These regulations shall apply to all lands within the City of Arden Hills as shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or e General Flood Plain Districts. 1 . ..t.;;.o 1 , . Section 9.6-5. Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of these regulations. The attached material shall include the Flood Insurance Study for the City of Arden Hills prepared by the Federal Insurance Administration dated July 2, 1981, and the Flood Boundary and Floodway Map and Flood Insurance Rate Map dated July 2, 1981 therein. The Official Zoning Map is on file in the Office of the City Administrator. Section 9.6-6. Regulatory Flood Protection Elevation: The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Section 9.6-7. Interpretation: (A) In their interpretation and application, these regulations shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (B) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where . interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (lOO-year) flood profile and other available technical data. Person contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. Section 9.6-8. Abrogation and Greater Restrictions: These regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the provisions of these regulations impose greater restrictions, the greater restrictions shall prevail. All other City Regulations inconsistent with Chapter 9.6 are hereby suspended to the extent of the inconsistency only. . 2 , , . Section 9.6-9. Warning and Disclaimer of Liability: The provisions of Chapter 9.6 do not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Arden Hills or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. Section 9.6-10. Severability: If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. Section 9.6-ll. Definitions: Unless specifically defined below, words or 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. (1 ) Accessory Use or structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (2) Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of . excavation below ground level. (3) Special Use. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1 ) certain conditions as detailed in the zoning ordinance exist and (2) the structure an/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (4) Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. ( 5) Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. ( 6) Flood Frequency. The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. . 3 , , . (7) Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Arden Hills. (8 ) Flood Plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (9 ) Flood-Proofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (10) Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. (11) Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channe 1 , modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by . catching or collecting debris carried by such water. (12) Principal Use or Structure. All uses or structures that are not accessory uses or structures. ( 13) Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (14) Regional Flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. (15) Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachment on the flood plain that result from designation of a floodway. . 4 -. ~ \ . . , '. , . . (16) structure. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/ vehicles not meeting the exemption criteria specified in Section 9.6-34(A) of the Ordinance and other similar items. (17) Variance. A modification of a specific permitted development standard required in an official control including Chapter 9.6 to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. ARTICLE III. ESTABLISHMENT OF ZONING DISTRICTS Section 9.6-12. Districts: (A) Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Boundary and Floodway Map adopted in Section 9.6-5. . (B) Flood Fringe District. The Flood Fringe District shall inClude those areas designated as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 9.6-5. (C) General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted in Section 9.6-5. Section 9.6-13. Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Chapter and other applicable regulations. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or special uses in Articles IV, V, and VI that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (A) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Chapter and specifically Article IX; (B) Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and . nonconforming uses of structures or land are regulated by the general provisions of this Chapter and specifically Article XI; and 5 . .. f . . (C) As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Chapter and specifically as stated in Article X of Chapter 9.6. ARTICLE IV. FLOODWAY DISTRICT Section 9.6-14. Permitted Uses: (A) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (B) Industrial-commercial loading areas, parking areas, and airport landing strips. (C) Private and public golf courses I tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. . (D) Residential lawns, gardens, parking areas, and play areas. Section 9.6-15. Standards for Floodway Permitted Uses: (A) The use shall have a low flood damage potential. (B) The use shall be permissible in the underlying zoning district if one exists. (C) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of material or equipment. Section 9.6-16. Special Uses: (A) Structures accessory to the uses listed in Section 9.6-14 above and the uses listed in Sections 9.6-l6(B) through 9.6-l6(H) below. (B) Extraction and storage of sand, gravel, and other materials. (C) Marinas, boat rentals, docks, piers, wharves, and water control structures. . (D) Railroads, streets, bridges, utility transmission lines, and pipelines. 6 , " . (E) storage yards for equipment, machinery or materials. (F) Placement of fill. (G) Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9.6-34. (H) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the lOO-year frequency flood event. Section 9.6-17. Standards for Floodway Special Uses: (A) All Uses. No structure (temporary or permanent) , fill (including fill for roads and levees) , deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Special Use that will cause any increase in the stage of the lOO-year or regional flood or cause an increase in flood damages in the reach or reaches affected. . (B) All floodway Special Uses shall be subject to the procedures and standards contained in Section 9.6-38. (C) The Special Use shall be permissible in the underlying zoning district if one exists. (D) Fill: (1 ) Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. (2) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long- term site development plan is submitted which inCludes an erosion/sedimentation prevention element to the plan. (3) As an alternative, and consistent with Subsection (2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on- site storage of fill or other materials which would have caused an increase to the stage of the lOO-year or regional flood but only after the City has . received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Special 7 ------ . Use Permit must be title registered with the property in the Office of the County Recorder. (E) Accessory structures: (1 ) Accessory structures shall not be designed for human habitation. (2) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and (b) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (3) Accessory structures shall be elevated or fill or structurally dry flood proofed in accordance with the FP-l or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 . or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: (a) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and (b) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. (F) storage of Materials and Equipment: (1) The storage or processing of materials that arer in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant . life is prohibited. 8 - . :J~ . ( 2 ) storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. (G) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (H) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. ARTICLE V. FLOOD FRINGE DISTRICT Section 9.6-18. Permitted Uses: Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All . Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in Section 9.6-l9 and the "Standards for all Flood Fringe Uses" listed in Section 9.6-22. Section 9.6-19. Standards for Flood Fringe Permitted Uses: (A) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1 ) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (B) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 9.6-l7(E)(3). (C) The cumulative placement of fill where at anyone time in excess of one-thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Condi- tional Use, unless said fill is specifically intended to . elevate a structure in accordance with Section 9.6-l9(A). 9 ~j . (D) The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. (E) The provisions of Section 9.6-22 shall apply. Section 9.6-20. Special Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 9.6-l9(A) and (B) or any use of land that does not comply with the standards in Section 9.6-l9(C) and (D) shall only be allowable as a Special Use. An application for a Special Use shall be subject to the standards and criteria and evaluation procedures specified in Sections 9.6-21, 9.6-22, and 9.6-38. Section 9.6-21. Standards for Flood Fringe Special Uses: (A) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc. , or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: . (1 ) The enclosed area is above-grade on at least one side of the structure; (2) It is designed to internally flood and is con- structed with flood resistant materials; and (3) It is used solely for parking of vehicles, building access or storage. (B) The above-noted alternative elevation methods are subject to the fOllowing additional standards: (1 ) Design and Certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design stan- dards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. . 10 . (2) Specific Standards for Above-Grade, Enclosed Areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (a) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one- foot above grade. Openings may be equipped with screens, louvers, val ves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (b) That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (C) Basements, as defined by Section 9.6-11(2), shall be . subject to the following: (1 ) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. (2) Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 9.6-2l(D). (D) All areas of non-residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-l or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 and FP-4 classification shall not be permitted. . 11 . (E) When at anyone time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedi- mentation control plan must be submitted unless the community is enforcing a state approved shoreland manage- ment ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the lOa-year or regional flood event. The plan must be prepared and certified by a registered pro- fessional engineer or other qualified individual accept- able to the City. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (F) storage of Materials and Equipment: (l) The storage or processing of materials that are, in time of flooding, flammable, explosive, or poten- tially injurious to human, animal, or plant life is prohibited. (2) Storage of other materials or equipment may be allowed if readily removable from the area within . the time available after a flood warning and in accordance with a plan approved by the City Council. (G) The provisions of Section 9.6-22 shall also apply. Section 9.6-22. Standards for All Flood Fringe Uses: (A) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (B) Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subject to flood velocities greater that four (4) feet per . second upon occurrence of the regional flood. 12 l.i. . (C) Manufacturing and Industrial Uses: Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 9.6-22(B) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (D) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the lOO-year flood elevation - FEMA' s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (E) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system . where a floodway or other encroachment limit has not been specified on the Official Zoning Map. (F) Standards for travel trailers and travel vehicles are contained in Section 9.6-34. (G) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state of local anchoring requirements for resisting wind forces. ARTICLE VI. GENERAL FLOOD PLAIN DISTRICT Section 9.6-23. Permissible Uses: (A) The uses listed in Section 9.6-14 shall be permitted uses. (B) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 9.6-24 below. Article IV shall apply if the proposed use is in the Floodway District and Article V shall apply if the proposed use is in the Flood Fringe District. . 13 . Section 9.6-24. Procedures for Floodway and Flood Fringe Determina- tions Within the General Flood Plain District. (A) Upon receipt of an application for a Special Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Clerk Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District. (1) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and proposed and existing structures on the site; location and elevations of streets; photo- graphs showing existing land uses and vegetation upstream and downstream; and soil type. . (3) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed develop- ment. (B) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (l) Estimate the peak discharge of the regional flood. (2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. . 14 "'.'." . (3) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional state increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (C) The Clerk Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the Governing' Body shall refer the matter back to the Clerk Administrator who shall process the permit application consistent with the applicable provisions of Article IV and V of Chapter 9.6. ARTICLE VII. SUBDIVISIONS . Section 9.6-25. Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of Chapter 9.6 and have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivisions drawings and platting documents. Section 9.6-26. Floodway jFlood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District appli- cants shall provide the information required in Section 9.6-24 of Chapter 9.6 to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the Regulatory Flood Protection Elevation for the subdivision site. . 15 . Section 9.6-27. Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the lOO-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. ARTICLE VIII. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES Section 9.6-28. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. Section 9.6-29. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Article IV and V of Chapter 9.6. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of the transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation . where failure or interruption of transportation services would not endanger the public health or safety. Section 9.6-30. On-Site Sewage Treatment and Water Supply Systems. Where public utilities are not provided: (A) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters in the systems; and (B) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment of contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. ARTICLE IX. MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES. Section 9.6-3l. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions . placed on subdivisions by Article VII of Chapter 9.6. 16 ., . Section 9.6-32. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Article V of Chapter 9.6. If vehicular road access for pre- existing manufactured home parks is not provided in accordance with Section 9.6-22(A), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the City Council. Section 9.6-33. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Section 9.6-34. Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9-6.34(A) below shall be subject to the provisions of Chapter 9.6 and as specifically spelled out in Sections 9.6-34(C) and (D) below. (A) Exemption. Travel trailers and travel vehicles are exempt from the provisions of Chapter 9.6 if they are placed in any of the areas listed in Section 9.6-34(B) below and further they meet the following criteria: . (1 ) Have current licenses required for highway use. (2) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it. (3) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, under- lying zoning use district. (B) Areas Exempted For Placement of Travel/Recreational Vehicles: (1) Individual lots or parcels of record. (2) Existing commercial recreational vehicle parks or campgrounds. (3) Existing condominium type associations. . 17 . (C) Travel trailers and travel vehicles exempted in Section 9.6-34(A) lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of the land restrictions specified in Articles IV and V of Chapter 9.6. (D) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5 ) units or dwelling sites shall be subject to the following: ( 1) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation and proper elevated road access to the site exists in accord- ance with Section 9.6-22(A). No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or . regional flood. ( 2 ) All new or replacement travel trailers or travel vehicles not meeting the criteria of Section 9.6- 34(D)(1) above may, as an alternative, be allowed as a Special Use if in accordance with the following provisions and the provisions of Section 9.6-38. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 9.6-30. ARTICLE X. ADMINISTRATION Section 9.6-35. Clerk Administrator: A Clerk Administrator or other official designated by the City Council shall administer and enforce this Chapter. If the Clerk Administrator finds a violation of the provisions of this Chapter the Clerk Administrator shall . notify the person responsible for such violation in accordance with the procedures stated in Article XII of Chapter 9.6. 18 ~ .' . Section 9.6-36. Permit Requirements: (A) Permit Required. A Permit issued by the Clerk Adminis- trator in conformity with the provisions of Chapter 9.6 shall be secured prior to the erection, addition or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non-conforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. (B) Application for Permit. Application for a Permit shall be made in duplicate to the Clerk Administrator on forms furnished by the Clerk Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (C) State and Federal Permits. Prior to granting a Permit or processing an application for a Special Use Permit or Variance, the Clerk Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. . (D) Certificate of Zoning Compliance for a New, Altered, or Non-Conforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Clerk Administrator stating that the use of the building or land conforms to the requirements of Chapter 9.6. (E) Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. Permits, Special Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applica- tions, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of Chapter 9.6, and punishable as provided by Article XII of Chapter 9.6. (F) Certification. The applicant shall be required to submit certification by a registered professional engineer, . registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Chapter 9.6. Flood 19 ,l'j . . proofing measures shall be certified by a registered professional engineer or registered architect. (G) Record of First Floor Elevation. The Building Inspector shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Building Inspector shall also maintain a record of the elevation to which structures or al terations and additions to structures are flood proofed. Section 9.6-37. Board of Adjustment: (A) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. (B) Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of Chapter 9.6. (C) Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of Chapter 9.6 as will not be contrary to the public interest . and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. (D) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Clerk Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. . 20 . (E) Decisions. The Board shall arrive at a decision on such . appeal or Variance within thirty (30) days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of Chapter 9.6, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Clerk Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 9.6-38(F), which are in conformity with the purposes of Chapter 9.6. Violations of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be punishable under Article XII of Chapter 9.6. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (F) Appeals. Appeals from any decision of the Board may be made, and as specified in the City's Official Controls and also Minnesota Statutes. (G) Flood Insurance Notice. The Clerk Administrator shall notify the applicant for a variance that: . ( 1 ) The issuance of a variance to construct a structure below the base flood level will result in increased i premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and (2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. (H) Record Keeping. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Section 9.6-38. Special Uses. The City Council shall hear and decide applications for Special Uses permissible under Chapter 9.6. Applications shall be submitted to the Clerk Administrator who shall forward the application the City Council for consideration. . 2l ., '. . . (A) Hearings. Upon filing with the City Council an applica- tion for a Special Use Permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Special Use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. (B) Decisions. The City Council shall arrive at a decision on a Special Use within thirty (30) days. In granting a Special Use Permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 9.6-38(F), which are in con- formity with the purposes of Chapter 9.6. Violations of such conditions and safeguards, when made a part of the terms under which the Special Use Permit is granted, shall be deemed a violation punishable under Article XII of Chapter 9. 6 . A copy of all decisions granting Special Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (C) Procedures to be followed by the City Council in Passing on Special Use Permit Applications Within all Flood Plain Districts. (l) The applicant shall furnish such of the following information and additional information as deemed . necessary by the City Council for determining the suitability of the particular site for the propose use: (a) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel. (b) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (2) The City Council shall transmit one copy of the information described in subsection 9.6-38(C)(1) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical . matters. 22 j.:" . (3) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (D) Factors Upon Which the Decision of the City Council Shall be Based. In passing upon Special Use applications, the City Council shall consider all relevant factors specified in other sections of Chapter 9.6, and: (1 ) The danger to life and property due to increased flood heights or velocities caused by encroachments. (2 ) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. . ( 5) The importance of the services provided by the proposed facility to the community. ( 6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8 ) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. . 23 .. '. . (12) Such other factors which are relevant to the purposes of Chapter 9.6. (E) Time for Acting on Application. The City Council shall act on an application in the manner described above within thirty (30) days from receiving a completed application, except that where additional information is required pursuant to Section 9.6-38(D). In which event the City Council shall render a written decision wi thin thirty (30) days from the receipt of such additional information. (F) Conditions Attached to Special Use Permits. Upon consideration of the factors listed above and the purpose of Chapter 9.6, the City Council shall attach such conditions to the granting of Special Use Permits as it deems necessary to fulfill the purposes of Chapter 9.6. Such conditions may include, but are not limited to, the following: (1 ) Modifications of waste treatment and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and . deed restrictions. (4) Requirements for construction of channel modifica- tions, compensatory storage, dikes, levees, and other protective measures. ( 5 ) Flood proofing measures, in accordance with the State Building Code and Chapter 9.6. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. ARTICLE XI. NON-CONFORMING USES Section 9.6-39. A structure or the use of a structure or premises which was lawful before the passage or amendment of Chapter 9.6 but which is not in conformity with the provisions of Chapter 9.6 may be continued subject to the following conditions: . 24 ~'; ,.' . . (A) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. (B) Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (Le. , FP-l through FP-4 flood proofing classifications) allowable in the state Building Code, except as further restricted in Section 9.6-39(C) below. (C) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the City's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Article IV or V of . Chapter 9.6 for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. (D) If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall comply with Chapter 9.6. The assessor shall notify the Clerk Administrator in writing of instances of nonconforming uses which have been discontinued for a period of twelve (12) months. (E) In any nonconforming use or structure is destroyed any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of Chapter 9.6. The applicable provisions for establishing new uses or new structures in Article IV, V, or VI will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. ARTICLE XII. PENALTIES FOR VIOLATION Section 9.6-40. Violation of the provisions of Chapter 9.6 or failure to comply with any of its requirements (including violations . of conditions and safeguards established in connection with grants of Variances or Special Uses) shall constitute a misdemeanor and shall be punishable as defined by law. 25 - >, . Section 9.6-41. Nothing herein contained shall prevent the City of Arden Hills from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (A) In responding to a suspected ordinance violation, the Clerk Administrator and Local Government may utilize the full array of enforcement actions available to it, incl uding but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the gui 1 ty party. The City shall act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (B) When an ordinance violation is either discovered by or brought to the attention of the Clerk Administrator, the Clerk Administrator shall immediately investigate the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the City's plan of action to correct the violation to the degree possible. . (C) The Clerk Administrator shall notify the suspected party of the requirements of Chapter 9.6 and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Clerk Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the Clerk Administrator may either: ( 1 ) Issue an order identifying the corrective actions that must be made within a specified time period to bring the use of structure into compliance with the official controls, or (2) Notify the responsible party to apply for an after- the-fact permit/development approval within a specified period of time not the exceed thirty (30) days. . 26 .,., . . . . CD) If the responsible party does not appropriately respond to the Clerk Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of Chapter 9.6 and shall be prosecuted accordingly. The Clerk Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of Chapter 9.6. ARTICLE XIII. AMENDMENTS Section 9.6-42. The flood plain designation of the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. Section 9.6-43. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's CFEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner . of Natural Resources must be given ten (10) days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. The Arden Hills City Council ordains that Chapter 9.5 of the Arden Hills Municipal Code is hereby repealed. Effective Date. This ordinance shall become effective on the day following the publication of the Ordinance Summary which was approved at the same time as the adoption of this Ordinance. Adoption Date. Passed by the City Council of the City of Arden Hills the l5th day of O:;(9~ Thomas Sather, Mayor . 27 ----- '. . . , ) e ATTEST: ~ 12 .8~_ Gary . Berger, Administrator Publication Date. . Ordinance ~~y for Ordinance No. 283 was published on the A3d of 'f.; , 1991. C\J\AHORD91. 005 October 18, 1991 . ~ 28 . . . . STATE OF MINNESOTA . COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE SUMMARY FLOOD PLAIN MANAGEMENT REGULATIONS On October 15 , 1991, the Arden Hills City Council approved Ordinance No. 283 , which adds Chapter 9.6 to the Arden Hills Municipal Code relating to Floodplain Management Regulations. The City Council, by an affirmative vote of at least four council- members, directed that a Summary of Ordinance No. 283 be published in the City's Official Newspaper and that a printed copy of Ordinance No. 283 be posted on the City's Bulletin Board or otherwise be made available for inspection at the City's offices during regular business hours. Ordinance No. ~ effectively amends the City's current Floodplain Management Regulations by incorporating changes prescribed by the Federal Emergency Management Agency and the Minnesota Department of Natural Resources. In addition to the establishment of a Floodway District, a Flood Fringe District and a General Flood Plain District, the Ordinance includes regulations which apply to the . development and use of property located within the various districts. In those instances where the provisions of the Flood Plain Management Regulations are inconsistent with the City's remaining Development Regulations, the most restrictive standards will be applied to development proposals. Effective Date. Ordinance No. 283 shall become effective on the day fOllowing the publication of this Ordinance Summary. Adoption Date. Passed by the City Council of the City of Arden Hills the 15th day of 00<000' -rkM:'iL Thomas Sathet, Mayor ATTEST: ~7Z~ Gary . Berge' , Administrator Publication Date. Published on the 23rd of October 1991. , . C\J\AHORD91.007 1 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 283 AN ORDINANCE ADDING CHAPTER 9.6 TO THE ARDEN HILLS MUNICIPAL CODE AND REPEALING CHAPTER 9.5 RELATIVE TO THE FLOOD PLAIN MANAGEMENT. The Arden Hills City Council ordains that Chapter 9.6 and its subdivisions are hereby added to the Arden Hills Municipal Cade to read as follows: CHAPTER 9.6 - FLOOD PLAIN MANAGEMENT ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Section 9.6-1. Statutory Authorization: This regulation is enacted pursuant to the provisions of M.S. 103F and 462.357, which outlined local government units to adopt regulations designed to minimize flood losses. Section 9.6-2. Findings of Fact: (A) The fload hazard areas of the City of Arden Hills, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (B) Method Used to Analyze Flood Hazards. These regulations are based upon a reasonable method of analyzing flood hazards which is consistent with the standards estabZished by the Minnesota Department of Natural Resources. Section 9.6-3. Statement of Purpose: It is the purpose of Chapter 9.6 to promote the public health, safety, and general welfare and to minimize those losses described in Section 9.6-2(A) by provisions contained herein. ARTICLE II. GENERAL PROVISIONS Section 9.6-4. Lands to Which Ordinance Applies: These regulations shall apply to all lands within the City of Arden Hills as shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. 1 . , Section 9.6-5. Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of these regulations. The attached material shall include the Flood Insurance Study for the City of Arden Hills prepared by the Federal Insurance Administration dated July 2, 1981, and the Flood Boundary and Floodway Map and Flood Insurance Rate Map dated July 2, 1981 therein. The Official Zoning Map is on file in the Office of the City Administrator. Section 9.6-6. Regulatory FZood Protection Elevation: The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Section 9.6-7. Interpretation: (A) In their interpretation and application, these regulations shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (B) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Person contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. Section 9.6-8. Abrogation and Greater Restrictions: These regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the provisions of these regulations impose greater restrictions, the greater restrictions shall prevail. All other City Regulations inconsistent with Chapter 9.6 are hereby suspended to the extent of the inconsistency only. 2 Section 9.6-9. Warning and Disclaimer of Liability: The provisions of Chapter 9.6 do not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Arden Hills or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. Section 9.6-10. Severability: If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. Section 9.6-11. Definitions: Unless specifically defined below, words or 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 reasanable application. (1) Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (2) Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (3) Special Use. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) certain conditions as detailed in the zoning ordinance exist and (2) the structure an/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (4) Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. (5) Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the i.nundation of normally dry areas. (6) Flood Frequency. The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. 3 (7) Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Arden Hills. (8) Flood Plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. (9) Flood-Proofin . A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (10) Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. (11) Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (12) Principal Use or Structure. All uses or structures that are not accessory uses or structures. (13) Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (14) Regional Flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. (15) Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachment on the flood plain that result from designation of a floodway. 4 (16) Structure. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/ vehicles not meeting the exemption criteria specified in Section 9.6-34(A) of the Ordinance and other similar items. (17) Variance. A modification of a specific permitted development standard required in an official control including Chapter 9.6 to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. ARTICLE III. ESTABLISHMENT OF ZONING DISTRICTS Section 9.6-12. Districts: (A) Floodwa District. The Floodway District shall include those areas designated as floodway on the Flood Boundary and Floodway Map adopted in Section 9.6-5. (B) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 9.6-5. (C) General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted in Section 9.6-5. Section 9.6-13. Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Chapter and other applicable regulations. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or special uses in Articles IV, V, and VI that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (A) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Chapter and specifically Article IX; (B) Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Chapter and specifically Article XI; and 5 (C) As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Chapter and specifically as stated in Article X of Chapter 9.6. ARTICLE IV. FLOODWAY DISTRICT Section 9.6-14. Permitted Uses: (A) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (B) Industrial-commercial loading areas, parking areas, and airport landing strips. (C) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (D) Residential lawns, gardens, parking areas, and play areas. Section 9.6-15. Standards for Floodway Permitted Uses: (A) The use shall have a low flood damage potential. (B) The use shall be permissible in the underlying zoning district if one exists. (C) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of material or equipment. Section 9.6-16. Special Uses: (A) Structures accessory to the uses listed in Section 9.6-14 above and the uses listed in Sections 9.6-16(B) through 9.6-16(H) below. (B) Extraction and storage of sand, gravel, and other materials. (C) Marinas, boat rentals, docks, piers, wharves, and water control structures. (D) Railroads, streets, bridges, utility transmission lines, and pipelines. 6 (E) Storage yards for equipment, machinery or materials. (F) Placement of fill. (G) Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9.6-34. (H) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 100-year frequency flood event. Section 9.6-17. Standards for Floodway Special Uses: (A) All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Special Use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. (B) All floodway Special Uses shall be subject to the procedures and standards contained in Section 9.6-38. (C) The Special Use shall be permissible in the underlying zoning district if one exists. (D) Fill: (1) Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. (2) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long- term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (3) As an alternative, and consistent with Subsection (2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on- site storage of fill or other materials which would have caused an increase to the stage c>F the 100-year or regional flood but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Special 7 Use Permit must be title registered with the property in the Office of the County Recorder. (E) Accessory Structures: (1) Accessory structures shall not be designed for human habitation. (2) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and (b) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (3) Accessory structures shall be elevated or fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: (a) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and (b) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. (F) Storage of Materials and Equipment: (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 8 (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. (G) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (H) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. ARTICLE V. FLOOD FRINGE DISTRICT Section 9.6-18. Permitted Uses: Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in Section 9.6-19 and the "Standards for all. Flood Fringe Uses" listed in Section 9.6-22. Section 9.6-19. Standards for Flood Fringe Permitted Uses: (A) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (B) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally £lood proofed in accordance with Section 9.6-17(E)(3). (C) The cumulative placement of fill where at any one time in excess of one-thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Condi- tional Use, unless said fill is specifically intended to elevate a structure in accordance with Section 9.6-19(A). 9 (D) The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. (E) The provisions of Section 9.6-22 shall apply. Section 9.6-20. Special Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 9.6-19(A) and (B) or any use of land that does not comply with the standards in Section 9.6-19(C) and (D) shall only be allowable as a Special Use. An application for a Special Use shall be subject to the standards and criteria and evaluation procedures specified in Sections 9.6-21, 9.6-22, and 9.6-38. Section 9.6-21. Standards for Flood Fringe Special Uses: (A) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: (1) The enclosed area is above-grade on at least one side of the structure; (2) It is designed to internally flood and is con- structed with flood resistant materials; and (3) It is used solely for parking of vehicles, building access or storage. (B) The above-noted alternative elevation methods are subject to the following additional standards: (1) Design and Certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design stan- dards of the State Huilding Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. 10 (2) Specific Standards for Above-Grade, Enclosed Areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (a) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one- foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (b) That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (C) Basements, as defined by Section 9.6-11(2), shall be subject to the following: (1) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. (2) Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 9.6-21(D). (D) All areas of non-residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 and FP-4 classification shall not be permitted. 11 (E) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedi- mentation control plan must be submitted unless the community is enforcing a state approved shoreland manage- ment ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered pro- fessional engineer or other qualified individual accept- able to the City. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (F) Storage of Materials and Equipment: (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or poten- tially injurious to human, animal, or plant life is prohibited. (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. (G) The provisions of Section 9.6-22 shall also apply. Section 9.6-22. Standards for All Flood Fringe Uses: (A) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (B) Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subject to flood velocities greater that four (4) feet per second upon occurrence of the regional flood. 12 (C) Manufacturing and Industrial Uses: Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Sectian 9.6-22(B) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (D) Fill shall be properly compacted and the slopes sha11 be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (E) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. (F) Standards for travel trailers and travel vehicles are contained in Section 9.6-34. (G) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state of local anchoring requirements for resisting wind forces. ARTICLE VI. GENERAL FLOOD PLAIN DISTRICT Section 9.6-23. Permissible Uses: (A) The uses listed in Section 9.6-14 shall be permitted uses. (B) A].1 other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 9.6-24 below. Article TV shall apply if the proposed use is in the Floodway District and Article V shall apply if the proposed use is in the Flood Fringe District. 13 Section 9.6-24. Procedures for Floodway and Flood Fringe Determina- tions Within the General Flood Plain District. (A) Upon receipt of an application for a Special Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Clerk Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District. (1) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and proposed and existing structures on the site; location and elevations of streets; photo- graphs showing existing land uses and vegetation upstream and downstream; and soil type. (3) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed develop- ment. (B) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (1) Estimate the peak discharge of the regional flood. (2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 14 (3) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional state increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (C) The Clerk Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the Governing Body shall refer the matter back to the Clerk Administrator who shall process the permit application consistent with the applicable provisions of Article IV and V of Chapter 9.6. ARTICLE VII. SUBDIVISIONS Section 9.6-25. Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. Al1 lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of Chapter 9.6 and have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivisions drawings and platting documents. Section 9.6-26. Floodway/Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District appli- cants shall provide the information required in Section 9.6-24 of Chapter 9.6 to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the Regulatory Flood Protection Elevation for the subdivision site. 15 Section 9.6-27. Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. ARTICLE VIII. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES Section 9.6-28. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. Section 9.6-29. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Article IV and V of Chapter 9.6. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of the transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. Section 9.6-30. On-Site Sewage Treatment and Water Supply Systems. Where public utilities are not provided: (A) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters in the systems; and (B) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they sha11 not be subject to impairment of contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. ARTICLE IX. MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES. Section 9.6-31. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Article VII of Chapter 9.6. 16 Section 9.6-32. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Article V of Chapter 9.6. If vehicular road access for pre- existing manufactured home parks is not provided in accordance with Section 9.6-22(A), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the City Council. Section 9.6-33. All manufactured homes must be securelg anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Section 9.6-34. Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9-6.34(A) below shall be subject to the provisions of Chapter 9.6 and as specifically spelled out in Sections 9.6-34(C) and (D) below. (A) Exemption. Travel trailers and travel vehicles are exempt from the provisions of Chapter 9.6 if they are placed in any of the areas listed in Section 9.6-34(B) below and further they meet the following criteria: (1) Have current licenses required for highway use. (2) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it. (3) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, under- lying zoning use district. (B) Areas Exempted For Placement of Travel/Recreational Vehicles: (1) Individual lots or parcels of record. (2) Existing commercial recreational vehicle parks or campgrounds. (3) Existing condominium type associations. 17 (C) Travel trailers and travel vehicles exempted in Section 9.6-34(A) lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of the land restrictions specified in Articles IV and V of Chapter 9.6. (D) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dweiling sites shall be subject to the following: (1) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation and proper elevated road access to the site exists in accord- ance with Section 9.6-22(A). No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. (2) All new or replacement travel trailers or travel vehicles not meeting the criteria of Section 9.6- 34(D)(1) above may, as an alternative, be allowed as a Special Use if in accordance with the following provisions and the provisions of Section 9.6-38. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 9.6-30. ARTICLE X. ADMINISTRATION Section 9.6-35. Clerk Administrator: A Clerk Administrator or other official designated by the City Council shall administer and enforce this Chapter. If the Clerk Administrator finds a violation of the provisions of this Chapter the Clerk Administrator shall notify the person respansible for such violation in accordance with the procedures stated in Article XII of Chapter 9.6. 18 Section 9.6-36. Permit Requirements: (A) Permit Required. A Permit issued by the Clerk Adminis- trator in conformity with the provisions of Chapter 9.6 shall be secured prior to the erection, addition or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non-conforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. (B) Application for Permit. Application for a Permit shall be made in duplicate to the Clerk Administrator on forms furnished by the Clerk Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (C) State and Federal Permits. Prior to granting a Permit or processing an application for a Special Use Permit or Variance, the Clerk Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. (D) Certificate of Zoning Compliance for a New, Altered, or Non-Conforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Clerk Administrator stating that the use of the building or land conforms to the requirements of Chapter 9.6. (E) Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. Permits, Special Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applica- tions, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of Chapter 9.6, and punishable as provided by Article XII of Chapter 9.6. (F) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Chapter 9.6. Flood 19 proofing measures shall be certified by a registered professional engineer or registered architect. (G) Record of First Floor Elevation. The Building Inspector shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Building Inspector shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. Section 9.6-37. Board of Adjustment: (A) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. (B) Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of Chapter 9.6. (C) Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of Chapter 9.6 as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. (D) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Clerk Administrator, or an application for a variance, the Board shall fix a reasonable time far a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Cammissioner will receive at least ten (10) days notice of the hearing. 20 (E) Decisions. The Board shall arrive at a decision on such appeal or Variance within thirty (30) days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of Chapter 9.6, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Clerk Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 9.6-38(F), which are in conformity with the purposes of Chapter 9.6. Violations of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be punishable under Article XII of Chapter 9.6. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (F) Appeals. Appeals from any decision of the Board may be made, and as specified in the City's Official Controls and also Minnesota Statutes. (G) Flood Insurance Notice. The Clerk Administrator shall notify the applicant for a variance that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and (2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. (H) Record Keeping. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Section 9.6-38. Special Uses. The City Council shall hear and decide applications for Special Uses permissible under Chapter 9.6. Applications shall be submitted to the Clerk Administrator who shall forward the application the City Council far consideration. 21 (A) Hearings. Upon filing with the City Council an applica- tion for a Special Use Permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Special Use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. (B) Decisions. The City Council shall arrive at a decision on a Special Use within thirty (30) days. In granting a Special Use Permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 9.6-38(F), which are in con- formity with the purposes of Chapter 9.6. Violations of such conditions and safeguards, when made a part of the terms under which the Special Use Permit is granted, shall be deemed a violation punishable under Article XII of Chapter 9.6. A copy of all decisions granting Special Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (C) Procedures to be followed by the City Council in Passing on Special Use Permit Applications Within all Flood Plain Districts. (1) The applicant shall furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the propose use: (a) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel. (b) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water suppZy and sanitary facilities. (2) The City Council shall transmit one copy of the information described in subsection 9.6-38(C)(1) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. 22 (3) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (D) Factors Upon Which the Decision of the City Council Shall be Based. In passing upon Special Use applications, the City Council shall consider all relevant factors specified in other sections of Chapter 9.6, and: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services provided bg the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 23 (12) Such other factors which are relevant to the purposes of Chapter 9.6. (E) Time for Acting on Application. The City Council shall act on an application in the manner described above within thirty (30) days from receiving a completed application, except that where additional information is required pursuant to Section 9.6-38(D). In which event the City Council shall render a written decision within thirty (30) days from the receipt of such additional information. (F) Conditions Attached to Special Use Permits. Upon consideration of the factors listed above and the purpose of Chapter 9.6, the City Council shall attach such conditions to the granting of Special Use Permits as it deems necessary to fulfill the purposes of Chapter 9,6. Such conditions may include, but are not limited to, the following: (1) Modifications of waste treatment and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channel modifica- tions, compensatory storage, dikes, levees, and other protective measures. (5) Flood proofing measures, in accordance with the State Building Code and Chapter 9.6. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. ARTICLE XI. NON-CONFORMING USES Section 9.6-39. A structure or the use of a structure or premises which was lawful before the passage or amendment of Chapter 9.6 but which is not in conformity with the provisions of Chapter 9.6 may be continued subject to the following conditions: 24 (A) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. (B) Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 through FP-4 flood proofing classifications) allowable in the State Building Code, except as further restricted in Section 9.6-39(C) below. (C) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the City's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Article IV or V of Chapter 9.6 for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. (D) If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall comply with Chapter 9.6. The assessor shall notify the Clerk Administrator in writing of instances of nonconforming uses which have been discontinued for a period of twelve (12) months. (E) In any nonconforming use or structure is destroyed any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of Chapter 9.6. The applicable provisions for establishing new uses or new structures in Article IV, V, or VI will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. ARTICLE XII. PENALTIES FOR VIOLATION Section 9.6-40. Violation of the provisions of Chapter 9.6 or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Special Uses) shall constitute a misdemeanor and shall be punishable as defined by law. 25 Section 9.6-41. Nothing herein contained shall prevent the City of Arden Hills from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (A) In responding to a suspected ordinance violation, the Clerk Administrator and Local Government may utilize the full array of enforcement actions available to it, including but not limited to, prasecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Fload Insurance Program for denial of flood insurance availability to the guilty party. The City shall act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (B) When an ordinance violation is either discovered by or brought to the attention of the Clerk Administrator, the Clerk Administrator shall immediately investigate the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the City' s plan of action to correct the violation to the degree possible. (C) The Clerk Administrator shall notify the suspected party of the requirements of Chapter 9.6 and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/ar use is under construction or development, the Clerk Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the Clerk Administrator may either: (1) Issue an order identifying the corrective actions that must be made within a specified time period to bring the use of structure into compliance with the official controls, or (2) Notify the responsible party to apply for an after- the-fact permit/development approval within a specified period of time not the exceed thirty {30} days. 26 (D) If the responsible party does not appropriately respond to the Clerk Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of Chapter 9.6 and shall be prosecuted accordingly. The Clerk Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of Chapter 9.6. ARTICLE XIII. AMENDMENTS Section 9.6-42. The flood plain designation of the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. Section 9.6-43. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten (10) days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. The Arden Hills City Council ordains that Chapter 9.5 of the Arden Hills Municipal Code is hereby repealed. Effective Date. This ordinance shall become effective on the day following the publication of the Ordinance Summary which was approved at the same time as the adoption of this Ordinance. Adoption Date. Passed by the City Council of the City of Arden Hills the 15th day of October , 1991. Thomas Sather, Mayor 27 ATTEST: ~ , L. G ry . Berger, Administrator Publication Date. Ordinance S.,m ary for Ordinance No. 283 was published on the of 1991. C\J\AHORD91.005 October 18, 1991 28 ouwC,L MINUIES ORD. #283; Coluzcil was referred to the memorandtun from Deputy Clerk ,ATED FIi00D PLAJN Iago dated 9-27-91, relative to the draft Ordinance which MANAGII~'I' updates the existing Flood Plain Manage.ment Ordinance and to reflect changes enacted by the Federal goverrunent. Deputy Clerk Iago advised the City Attorney detexmined it was more appropriate to repeal the existing Ordinance and adopt the "model" ordinance submitted by the Fedexal goverrnne,nt, which was slightly revised to reflect the language of the Arden Hills Code of Ordinances. Councilmember Malone itxlicated the draft ordinance appears to be reasonable, contains all the elements in the existing ordinance and provides more control and protection in cert.ain areas of the flood plain regulations. Hicks moved, seconded by Malone, to adopt Ordinance No. 283, ADDING CHAP`IER 9.6 TO 'PHE ARDII1 HI7,LS MUNICIPAL CODE AND REPEALING CEAPri'ER 9.5 PJMAZ'1VE 'PO THE FLOOD PLAa1 MANAGIIKIIVT, and to direct the Clerk Achninistrator to publish the Ordinance SLmmm-y as prepared by the City Attorney. Motion carried unanimously. (5-0) + ' S STATE OF Irm HLS 50U[~=J DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 DNR INFORMATION (612) 296-6157 April 9, 1991 Catherine Iago, Zoning Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 Dear Ms. Iago: Enclosed is a new model floodplain ordinance which most closely meets your community's needs. As you are probably already aware, the Federal Emergency Management Agency (FEMA) and the Minnesota DNR have negotiated this model ordinance to reflect the changes in federal regulations which were actually effective in 1986. Because of these changes every community in the NationaZ Flood Insurance Program is being required to amend their floodplain zoning ordinances. Please note that the new model is also available (at no charge) on floppy disk for a personal computer. Available formats are Microsoft Word and ASCII. If you prefer to amend the existing ordinance we would have to review it more closely to be sure there are no omissions. Although state regulations allow 6 months to amend your ordinance, federal regulations only allow 90 days from the receipt of this letter for amendments to non-compliant ordinances. It is suggested that you attempt to meet the federal deadline in order to avoid any possible sanctions imposed by FEMA. Because state law also requires that a proposed local ordinance be reviewed and approved 30 days prior to adoption, please send any drafts being considered for adoption to Area Hydrologist Molly Shodeen in 60 days. Please feel free to contact your Ms. Shodeen or myself (612-296-9224) if you have any questions. Sincerely, ?jA_kkj Judy Boudreau FEMA-CAP Hydrologist cc: Mayor Thomas Sather Molly Shodeen, Area Hydrologist (612-772-7910) John Linc Stine, Regional Hydrologist AN EQUAL OPPORTUNITY EMPLOYER ~ ~12- t ~ ~~e ~ , ~//~~A~, yf ~fjj/~~ .A ~ ~ ~f'4+ ( , fVY / ( ~ - f • ~J / i` ~ ~~{~If~~ r ~f J`1 ~ ~.{s~/' ~ ~ ~ G~ / ~ 'Q .r r ~ ~ ~ ~ . ~ Sample Three District Floodplain Management Ordinanace Two-Map Format October 17, 1990 TABLE OF CONTENTS PAGE SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1 1.1 Statutory Authorization 1 1.2 Findings of Fact 1 1.3 Statement of Purpose 1 SECTION 2.0 GENERAL PROVISIONS 1 2.1 Lands to Which Ordinance Applies 1 2.2 Establishment of Official Zoning Map 1 .2.3 Regulatory Flood Protection Elevation 2 2.4 Interpretation 2 2.5 Abrogation and Greater Restrictions 2 2.6 Warning and Disclaimer of Liability 2 2.7 Severability 3 2.8 Definitions 3 SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 4 3.1 Districts 4 3.2 Compliance 5 SECTION 4.0 FLOODWAY DISTRICT (FW) 5 4.1 Permitted Uses 5 4.2 Standards for Floodway Permitted Uses 5 4.3 Conditional Uses 6 4.4 Standards for Floodway Conditional Uses 6 SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 9 5.1 Permitted Uses 9 5.2 Standards for Flood Fringe Permitted Uses 10 5.3 Conditional Uses 10 5.4 Standards for Flood Fringe Conditional Uses 10 5.5 Standards for All Flood Fringe Uses 12 SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT 13 6.1 Permissible Uses 13 6.2 Procedures for Floodway and Flood Fringe Determinations 13 i . • SECTION 7.0 SUBDIVISIONS 15 7.1 Land Suitability Review Criteria 15 7.2 Requirements for Floodway/Flood Fringe Determinations 15 7.3 Removal of Special Flood Hazard Area Designation 15 SECTION 8.0 UTILITIES, RAILROADS, ROADS, AND BRIDGES 16 8.1 Public Utilities 16 8.2 Public Transportation Facilities 16 8.3 On-site Sewage Treatment and Water Supply Systems 16 SECTION 9.0 MANUFACTURED HOMES/TRAVEL TRAILERS AND TRAVEL VEHICLES 16 New Manufactured Home Parks 16 9.2 Replacement Manufactured Homes- Existing Parks 16 9.3 Travel Trailers/Travel Vehicles 17 SECTION 10.0 ADMINISTRATION 18 10.1 Zoning Administrator 18 10.2 Permits, Certification Requirements and Record Keeping 18 10.3 Appeals and Variances/Duties of the Board of Adjustment 19 10.4 Conditional Uses-Standards and Evaluation Procedures 21 SECTION 11.0 NONCONFORMING USES 24 SECTION 12.0 PENALTIES FOR VIOLATION 25 SECTION 13.0 AMENDMENTS 27 ii SAMPLE THREE DISTRICT FLOOD PLAIN MANAGEMENT ORDINANCE TWO-MAP FORMAT* SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE • 1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and (Zoning Enabling Statute) delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the of (governing body) , Minnesota does ordain as follows: (local unit) 1.2 Findings of Fact: 1.21 The flood hazard areas of , (local unit) Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 1.3 Statement of Purpose: It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. SECTION 2.0 GENERAL PROVISIONS 2.1 Lands to Which Ordinance Applies: This ordinance shall apply to all lands within the jurisdiction of shown on the Official Zoning (local unit) *A Flood Boundary and Floodway Map and a Flood Insurance Rate Map have been published for the community. 1 1 ~ Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. 2.2 Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the prepared by the (local unit) Federal Insurance Administration dated , and the Flood Boundary and Floodway Map and Flood Insurance Rate Map dated therein. The Official Zoning Map shall be on file in the Office of the and the (City Clerk/County Auditor) (Zoning Administrator) 2.3 Regulatory Flood Protection Elevation: The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.4 Interpretation: 2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.42 The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field , conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. 2.5 Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other 2 ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 2.6 Warning and Disclaimer of Liability: This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of or (name of local unit) any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 2.7 Severability: If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 2.8 Definitions: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted sa as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. 2.811 Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2.812 Basement - means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.813 Conditional Use - means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) certain conditions as detailed in the zoning ordinance exist and (2) the structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 2.814 Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.815 Flood - a temporary increase in the flow or stage of a , stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 3 i ~ 2.816 Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. 2.817 Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for (local unit) 2.818 Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.819 Flood-Proofing - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.820 Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. 2.821 Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.822 Principal Use or Structure - means all uses or structures that are not accessory uses or structures. 2.823 Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.824 Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100- year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 2.825 Regulatory Flood Protection Elevation - The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 4 ~ r 2.826 Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption.criteria specified in Section 9.31 of the ordinance and other similar items. 2.827 Variance - means a modification of a specific permitted development standard required in an official control including this ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Boundary and Floodway Map adopted in Section 2.2. 3.12 Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe on the Flaod Boundary and Flaodway Map adopted in Section 2.2. 3.13 General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted in Section 2.2. 3.2 Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: 3.21 New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Section 9.0; 3.22 Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and 5 , t nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section 11.0; and 3,23 As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 10.0 of this Ordinance. SECTION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses: 4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-commercial loading areas, parking areas, and airport landing strips. 4.13 Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.2 Standards for Floodway Permitted Uses: 4.21 The use shall have a low flood damage potential. 4.22 The use shall be permissible in the underlying zoning district if one exists. 4.23 The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. 4.3 Conditional Uses: 4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32-4.38 below. 4.32 Extraction and storage of sand, gravel, and other materials. 4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures. 6 . a 4.34 Railroads, streets, bridges, utility transmission lines, and pipelines. 4.35 Storage yards for equipment, machinery,, or materials. 4.36 Placement of fill. 4.37 Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9.3 of this Ordinance. 4.38 Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency'flood event. 4.4 Standards for Floodway Conditional Uses: 4.41 All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Conditional Use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 All floodway Conditional Uses shall be subject to the procedures and standards contained in Section 10.4 of this Ordinance. 4.43 The Conditional Use shall be permissible in the underlying zoning district if one exists. 4.44 Fill: (a) Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) As an alternative, and consistent with Subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the 7 .a i Governing Body has received an appropriate pZan which assures the removal of the materials from the floodway based upon the flood warning time available. The Conditional Use Permit must be title registered with the property in the Office of the County Recorder. 4.45 Accessory Structures: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and (2) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. 4.46 Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed . if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. 8 I I 4.47 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community-wide structural works for flood control intended to remove azeas from the regulatory flood plain shall not be allowed•in the floodway. 4.48 A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underZying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non residential structure or use of a structure or land shall be,a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. A11 Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in Section 5.2 and the "Standards for all Flood Fringe Uses" listed in Section 5.5. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 5.22 As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 4.45 (c). 5.23 The cumulative placement of fill where at any one time in excess of one-thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Conditional Use, unless said fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance. 5.24 The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. 9 5.25 The provisions of Section 5.5 of this Ordinance shall apply. 5.3 Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 5.21-5.22 or any use of land that does not comply with the standards in Section 5.23-5.24 shall only be allowable as a Conditional Use. An application for a Conditional Use shall be subject to the standards and criteria and evaluation procedures specified in Sections 5.4-5.5 and 10.4 of this Ordinance. 5.4 Standards for Flood Fringe Conditional Uses: 5.41 Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The aboved-noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification - The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other servi.ce facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one-foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. 10 i y r (2) That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. 5.42 Basements, as defined by Section 2.81Z of this Ordinance, shall be subject to the following: (a) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. (b) Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 5.43 of this Ordinance. 5.43 All areas of non residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structural'ly dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of bouyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. 5.44 When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Governing Body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood`warning time exists. 5.45 Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available 11 y } after a flood warning and in accordance with a plan approved by the Governing Body. 5.46 The provisions of Section 5.5 of this Ordinance shall also apply. 5.5 Standards for All Flood Fringe Uses: 5.51 All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. 5.52 Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 5.53 Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5.52 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 5.54 Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 5.55 Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where 12 a floodway or other encroachment limit has not been specified on the Official Zoning Map. 5.56 Standards for travel trailers and travel vehicles are contained in Section 9.3. 5.57 All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT 6.1 Permissible Uses: 6.11 The uses listed in Section 4.1 of this Ordinance shall be permitted uses. 6.12 All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 6.2 below. Section 4.0 shall apply if the proposed use is in the Floodway District and Section 5.0 shall apply if the proposed use is in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District. 6.21 Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District. (a) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. (c) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 13 'l 6.22 The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency For technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent'with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. 6.23 The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the Governing Body shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this Ordinance. 14 , - , SECTION 7.0 SUBDIVISION52 7.1 Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contarin a building site at or above the Regulatory Flood Protection Elevation. Ali subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents. 7.2 FZoodway/Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District, applicants shall provide the information required in Section 6.2 of this Ordinance to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the Regulatory Flood Protection Elevation for the subdivision site. 7.3 Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 2This Section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. 15 SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. 8.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 4.0 and 5.0 of this Ordinance. Elevation to the Requlatory Flood Protection Elevation shaZl be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 8.3 On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. SECTION 9.0 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES. 9.1 New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 7.0 of this Ordinance. 9.2 The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 5.0 of this Ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 5.51, then replacement manufactured homes will not be allowed until the . property owner(s) develops a flood warning emergency plan acceptable to the Governing Body. 9.21 All manufactured hames must be securely anchored to an adequately anchored foundation system that resists 16 i flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 9.3 Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9.31 below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 9.33-9.34 below. 9.31 Exemption - Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 9.32 below and further they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. 9.32 Areas Exempted For Placement of Travel/Recreational Vehicles: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. 9.33 Travel trailers and travel vehicles exempted in Section 9.31 lose this exemption when development occurs on the parcel exceeding $500 dollars for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Sections 4.0 and 5.0 of this Ordinance. 9.34 New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed 17 a , on fill above the Regulatory Flood Protection Elevation and proper elevated road access to the site exists in accordance with Section 5.51 of this Ordinance. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. (b) All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a Conditional Use if in accordance with the following provisions and the provisions of 10.4 of the Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate tirne and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacemeni: travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminai:ed during times of Plooding in accordance with Section 8.3 of this Ordinance. SECTION 10.0 ADMINISTRATION 10.1 Zoning Administrator: A Zoning Administrator or other official designated by theGoverning Body shall adrninister and enforce this Ordinance. If the Zoning Administrator finds a violation of the provisions of this Ordineince the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures :atated in Section 12.0 of the Ordinance. 10.2 Permit Requirements: 10.21 Permit Required. A Permit issued by the Zoning Administrator in conformity with the provisions oiE this Ordinance shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extens:ion of a nonconforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. 10.22 Application for Permit. Application for a]?ermit shall be made in duplicate to the Zoning Administirator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimeansions, and elevations of the lot; existing or proposed structures, fi1Z, or storage of materials; and the location o:f the foregoing in relation to the stream channel. 18 10.23 State and Federal Permits. Prior to granting a Permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. 10.24 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. 10.25 Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. Permits, Conditional Use Permits, or Certificates of Zoning Compliance issued on the basis of approvedplans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 12.0 of this Ordinance. 10.26 Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. 10.27 Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existinq structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed. 10.3 Board of Adjustment: 10.31 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. 10.32 Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an 19 x , administrative official in the enforcement or administration of this Ordinance. 10.33 Variances. The Board may authorize upon appeal in . specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards•lower than those required by State law. 10.34 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.35 Decisions. The Board shall arrive at a decision on such appeal or Variance within days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.36 Appeals. Appeals from any decision of the Board may be made, and as specified in this Community's Official Controls and also Minnesota Statutes. 20 ~ 10.37 Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage arid 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. 10.4 Conditional Uses. The (Governing Body/Planning Comm./Bd. of Adjust. shall hear and decide applications for Conditional Uses permissibl•e under this Ordinance. Applications shall be submitted to the Zoning Administrator who shall forward the application to for consideration. (Designated Body) 10.41 Hearings. Upon filing with the an application for a (Designated Body) Conditional Use Permit, the shall submit (Designated Body) by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.42 Decisions. The shall arrive at (Designated Body) a decision on a Conditional Use within days. In granting a Conditional Use Permit the shall prescribe appropriate (Designated Body) conditions and safeguards, in addition to those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.43 Procedures to be followed by the (Designated Body) in Passing on Conditional Use Permit Applications Within all Flood Plain Districts. 21 4 ~ (a) Require the applicant to furnish such of the following information and additional information as deemed necessary by the for determining the suitability of (Designated Body) the particular site for the proposed use: (1) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood- proofing measures, and the relationship of the above to the location of the stream channel. (2) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (b) Transmit one copy of the information described in subsectiori (a) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based upon the technical evaluation of the designated engineer or expert, the shall determine the (Designated Body) specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 10.44 Factors Upon Which the Decision of the Shall Be Based. In passing (Designated Body) upon Conditional Use applications, the (Designated Body) shall consider all relevant factors specified in other sections of this Ordinance, and: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d) The susceptability of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the community. 22 u s~ ~ (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. (h) The compatability of the proposed use with existing development and development anticipated in the forseeable future. (i) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factors which are relevant to the purposes of this Ordinance. 10.45 Time for Acting on Application. The ' shall act on an application in the (Designated Body) manner described above within days from receiving the application, except that where additional information is required pursuant to 10.44 of this Ordinance. The shall render a written decision within (Designated Body) days from the receipt of such additional information. 10.46 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the shall attach such (Designated Body) conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood-proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 23 , SECTION 11.0 NONCONFORMING USES 11.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject t~o the following conditions: 11.11 No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 11.12 Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accardance with any of the elevation on fill or fload proofing techniques ( i.e. , FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 below. 11.13 The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 4.0 or 5.0 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. 11.14 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. 11.15. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0, 5.0 or 6.0 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. 24 SECTION 12.0 PENALTIES FOR VIOLATION 12.1 Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable as defined by law. 12.2 Nothing herein contained shall prevent the from taking such other lawful action (local unit) as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 12.21 In responding to a suspected ordinance violation, the Zoning Administrator and Local Government may utilize the full array of enforcement actions available to it includinq but not limited to prosecution and fines, injunctions, after-the=fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 12.22 When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. 12.23 The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. 25 r 12.24 If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. SECTION 13.0 AMENDMENTS The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. 26 w. • ~ STATE OF UV UV LS 50u[.-=,~ DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 DNR INFORMATION (612) 296-6157 April 9, 1991 Catherine Iago, Zoning Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 Dear Ms. Iago: Enclosed is a new model floodplain ordinance which most closely meets your community's needs. As you are probably already aware, the Federal Emergency Management Agency (FEMA) and the Minnesota DNR have negotiated this model ordinance to reflect the changes in federal regulations which were actually effective in 1986. Because of these changes every community in the National Flood Insurance Program is being required to amend their floodplain zoning ordinances. Please note that the new model is also available (at no charge) on floppy disk for a personal computer. Available formats are Microsoft Word and ASCII. If you prefer to amend the existing ordinance we would have to review it more closely to be sure there are no omissions. Although state regulations allow 6 months to amend your ordinance, federal regulations only allow 90 days from the receipt of this letter for amendments to non-compliant ordinances. It is suggested that you attempt to meet the federal deadline in order to avoid any possible sanctions imposed by FEMA. Because state law also requires that a proposed local ordinance be reviewed and approved 30 days prior to adoption, please send any drafts being considered for adoption to Area Hydrologist Molly Shodeen in 60 days. Please feel free to contact your Ms. Shodeen or myself (612-296-9224) if you have any questions. Sincerely, Judy Boudreau FEMA-CAP Hydrologist cc: Mayor Thomas Sather Molly Shodeen, Area Hydrologist (612-772-7910) John Linc Stine, Regional Hydrologist AN EQUAL OPPORTUNITY EMPLOYER 3i ~ WARREN E. PETERSON PETERSON, FRANKE & RIACH tREAL PROPERTYLAW SPECIALIST RONALD J. RIACH PROFFSSIONAL ASSOCIATION *ALSO ADMITTED IN WISCONSIN JEROME P. FILLA DANIEL WITT FRAM 700 MIDWEST FEDERAL BUILDiNG :ALSO ADMITTED IN ILLINOIS, GLENN A. BERGMAN 50 EAST FIFi'H STREET FLORIDA, WASHINGTON D.C. JOHN MICHAEL MILLER ST. PAUL MINNESOTA 55101-1197 [tosEVILLE oF'F[CE GARY W. BECKER"I ' 200 ROSEDALE TOWERS TIMOTHY J. HASSETTt - MICHAEL T. OBERLE (612) 291-8955 1700 WEST HIGHWAY 36 CLYDE C. AEiLQUIST ROSEVILLE, MINNESOTA 55113 FAX NO. (612) 228-1753 (612) 636-6400 FAX NO. (612) 636-7334 May 13 , 1991 OF COUNSEL JEROME E. FRANKE MELVIN J. SILYER Ms. Cathy Iago City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 RE: FYood Plain Management Ordinance Our File No.: 10450/900002 Cathy: Enclosed is a draft of the Flood Plain Management Regulations. The format is now the same as the current City Code. I would Zike to have you and Dave review this Regulation. In particular I would like you to review Article X and the various procedures for hearings described in that Article. I think that this section should be rewritten so that it is coordinated with the City's current regulations for hearings on similar matters. Very truly yours, Jerom P. illa JPF:cab ~ ~ Enclosure cc: Dave Kriesel Gary Berger VAz:1 CITY OF ARDEN HILLS 1450 WEST HIGHWAY 96 ARDEN HILLS, MN 55112-5794 October 31, 1991 Ogbazghi Siun MnDNR 500 Lafayette Road St. Paul, NIN 55155 S[JBJECI': Ordinance No. 283 - Flood Plain Management Dear Mr. SiLUn: Fnclosed is a copy of Ordinance No. 283 - Flood Plain Management for final review and approval per your request. Please pardon the delay in fozwarding this information to you. If you have any questions, please feel free to contact me at 633-5676. Sincerely, ~ , 4catherine . Iago, CMC Deputy Clerk/Zoning Adninistrator CJI/ts IIzclosure L91-27 PHONE: 16121 633-5678 . FoX (R'121 9'3'3_7R-24 WARREN E. PETERSON PETERSON, FRAM & BERGMAN tREALPROPERTYLnwsrECraLisT JEROME P. FILLA PROFESSIONAL ASSOCIATTON *ALSO ADMITTED IN WISCONSIN DANIEL WITT FRAM 300 MIDWEST FEDERAL BUILDING #ALSO ADMITTED IN ILLINOIS, GLENN A. BERGMAN FLORIDA, WASffiNGTON D.C. JOHN MICHAEL MILLER 50 EAST FIFTH STREET - GARY W. BECKER*$ ST. PAUL, MINNESOTA, 55101-1197 OF COUNSEL TIMOTHY J. HASSETTt MELVIN J. SILVER MICHAEL T. OBERLE (612) 291-8955 FAX NO. (612) 228-1753 October 22, 1991 Cathy Iago Zoning Administrator City of Arden Hills 1450 TnTest Highway 46 Arden Hills, MN 55112 RE: Flood Plain Regulatians Ordinance No. 283 Our File No.: 10450/900002 Cathy: Enclosed is the revised version of the City's Flood Plain Regulations which incorporates the changes approved by the City Council. This is the copy of the Ordinance which should be made part of the official City records and which should be signed by the Mayor and the City Administrator. If you have any questions, please contact me. Very truly yours, Jer `e yFilla JPF:cab Enclosure s..l ~ STATE OF UV UV L5 c~70~1r,~ DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 DNR INFORMATION (612) 296-6157 April g, 1991 Catherine Iago, 2oning Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 Dear Ms. Iago: Enclosed is a new model floodplain ordinance which most closely meets your community's needs. As you are probably already aware, the Federai Emergency Management Agency (FEMA) and the Minnesota DNR have negotiated this model ordinance to reflect the changes in federal regulations which were actually effective in 1986. Because of these changes every community in the National Flood Insurance Program is being required to amend their floodplain zoning ordinances. Please note that the new model is also available (at no charge) on floppy disk for a personal computer. Available formats are Microsoft Word and ASCII. If you prefer to amend the existing ordinance we would have to review it more closely to be sure there are no omissions. Althaugh state regulations allow 6 months to amend your ordinance, federal regulations only allow 90 days from the receipt of this letter for amendments to non-compliant ordinances. It is suggested that you attempt to meet the federal deadline in order to avoid any possible sanctions imposed by FEMA. Because state law also requires that a proposed local ordinance be reviewed and approved 30 days prior to adoption, please send any drafts being considered for adoption to Area Hydrologist Molly Shodeen in 60 days. Please feel free to contact your Ms. Shodeen or myself (612-296-9224) if you have any questions. Sincerely, Judy Boudreau FEMA-CAP Hydrologist cc: Mayor Thomas Sather Molly Shodeen, Area Hydrologist (612-772-7910) John Linc Stine, Regional Hydrologist AN EQUAL OPPORTUNITY EMPLOYER 3~~- . STATE OF C~ m CE 3 O UL% DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 DNR INFORMATION (612) 296-6157 September 20, 1991 Catherine Iago, ZA City of Arden Hills ~ 1450 West Highway 96 Arden Hills, MN 55112 Dear Ms. Iago: You. have reaeived past notiEication about -thz need to revise your floodplain regulations to reflect changes in federal standards. Although we may have had conversations with you, or may have commented on your preliminary ordinance, to date we have not received a draft or final ordinance for our final review and approval. We urge you to complete work on your revisions so that you may receive final State approval by June 30, 1992. If you no longer have a copy of the (model ordinance) please contact your area hydrologist listed below or any of the floodplain staff in our St. Paul office at 612-296-4800. Thank you for your attention. We would be happy to assist you if needed. Sincerely, ~ Supervisor Land Use Management Unit cc: Thomas Sather, Mayor Molly Shodeen, Area Hydrologist (772-7910) John Stine, Regional Hydrologist AN EQUAL OPPORTUNITY EMPLOYER WARREN E. PETERSON PETERSON, FRAM & BERGMAN fiREALPROPERTYLAWSPECIALIST JEROME P. FILLA PROFESSIONAL ASSOCIATION *ALSO ADMITTED IN WISCONSIN DANIEL WTTT FRAM 300 MIDWEST FEDERAL BUILDING IALSO ADMITTED IN ILLINOIS, GLENN A. BERGMAN FLORIDA, WASHINGTON D.C. JOHN MICHAEL MILLER 50 EAST FIFTH STREET - cnxY W. sECKEx*T ST. PAUL, MINNESOTA 55101-1197 oF couNSEL TIMOTHY J. HASSETTt MELVIN J. STLYER MICHAEL T. OBERLE (672) 291-8955 FAX N0. (612) 228-1753 October 14, 1991 Mr. Gary Berger City Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 RE: Flood Plain Management Regulations Our File No.: 10450/900002 Gary: Enclosed is an Ordinance Summary for the proposed Flood Plain Management Regulations and a revision to the last page of the proposed Ordinance. The Ordinance pages were amended to reflect the publication date for the Ordinance Summary instead of a publication date for the Ordinance itself. If you have any questions, please contact me. Very truly yours, ~ Jero e~P illa JPF:cab ~ v Enclosures cc: Cathy Iago, City Zoning Clerk Afftbttuit uf ~ublYrttttu~ 4ktttc IIf Minniesattt Cnnuntg nf Ettmoeg as. N. Theodore Lillie , being duly sworr,, or, oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NeW Brighton Blllletlri , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 337A.02, 331A.07, and other applicable laws, as amended. (B) Tne printed _ Ordinanace 2$3 Summar which is attached was cut from the columns of said newspaper, and was printed and published once each week, far 1 successive weeks; it was first published onWednesday, the 2 3 rd day of OC t. 19 91 , and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being ihe size and kind of type used in the composition and publication of the notice: 'abcdefghijklmnopqrstuvwxyz ~ f • n A'. • BY: TITLE: v' O Subscritied and sworn to before me on tnis 23 rd day of ' Oct, 119 91 C Notary Public 'Alphabet should be in the same size and kind of type as the notice. - RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . . . $12.00 per col. inch (2) Maximum rate allowed by law for the above matter . . . . . . . . . . . . . . . . . . $8.93 per col. inch (3) Rate actually charged for the above matter . . . . . . . . . . . . . . . . . . . . . $ per col. inch 1 /91 STATE OF MINNESOTA COUNTY OF RAMSEY- CITY Of ARDEN HILLS ORDINANCE 283 SUMMARY FLOOD PLAIN MANAGEMENT REGULATIONS On October 45, 1991, the Arden Hills City Couneil approved Ordinance No. 283, whiCh adds Chapter 9.8 to the Arden Hills Municipal Code relating to Floodplain Management Regulations. The City Council, by an al- ~firmative vote of at leasi four councilmembers, directed ; that a Summary of Ordinance No. 283 be published in ' the Ciry's Official Newspaper and that a printed copy ~ of OMinance No. 283 be posted on the City's Bulletin i Board or otMerwise be made available for inspection at the Gity's olfices tluring regular business hours. I Ordinance No. 283 effec[ively artierrd¢ the Citys cur- ' rent Floodplain Management Regulations by incor_ porating changes prescribed by the Federal Emergency Management Agency and the Minnesota Department of Natural Resources. In addition to the establishmeM - of a Floodway District, a Flood Fringe Distrjct and a Genera! Fload Plain District, the Ordinance includes regulations which apply to the development and use . of property located within the various districts. In those instanceswhere the provisions of the Flood.Plain Mangement Regulations, the mast restrictive standards will be applied to development proposals. . Eftective Date. Ordinance No. 283 shall become ef- . tective on the day following the publieation of this Or- dinaoce Summary. . Adoption Date. Passed by the City.Council of the City of Arden Hills-the 15th day of October, 1991. , /s/ Thomes.Selher Mayor ATTEST: /s/ Gary R. Berger ' Administrator (Bulletin: Oct. 23, 1391) - , ~ i WARREN E. PETERSON PETERSON, FRANKE & RIACH tREALPROPERTYLAWSPECIALIST RONALD J. RIACH PROFFSSIONAL ASSOCIATION *ALSO ADMITTED IN WISCONSIN JEROME P. FILLA 300 MIDWBST FEDERAL BUILDING $ALSO ADMITTED IN ILLINOIS, DANIEL WITT FRAM GLENN A. BERGMAN 50 EAST FIFTH STREET FLORIDA, WASHINGTON D.C. ROSEVILLE OFFICE JOHN MICHAEL MILLER ST. PAUL, MINNESOTA 55101-1197 GARY W. BECKER*# TIMOTHY J. HASSETTt 200 ROSEDALE TOWERS - MICHAEL T. OBERLE (612) 291-8955 1700 WEST HIGHWAY 36 CLYDE C. AHLQUIST ROSEVILLE, MINNESOTA 55113 FAX NO. (612) 228-1753 (672) 636-6400 F'e1X N0. (632) 636-7334 May 13 , 1991 oF courrsEL JEROME E. FRANKE MELDIN J. SILVER Ms. Cathy Iago City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 • ~ RE: Flood Plain Management Ordinance Our File No.: 10450/900002 ~ Cathy: Enclosed is a draft of the Flood Plain Management Regulations. The format is now the same as the current City Code. I would like to have you and Dave review this Regulation. In particular I would like you to review Article X and the various procedures for hearings described in that Article. I think that this section should be rewritten so that it is coordinated with the City's current regulations for hearings on similar matters. Very truly yours, ~ Jerom P.' illa JPF:cab x . ~ Enclosure ~ r~~{ cc: Dave Kriesel Gary Berger STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE N0. e,43 AN ORDINANCE ADDING CHAPTER 9.6 TO THE ARDEN HILLS MUNICIPAL CODE AND REPEALING CHAPTER 9.5 RELATIVE TO THE FLOOD PLAIN MANAGEMENT. The Arden Hills City Council ordains that Chapter 9.6 and its subdivisions are hereby added to the Arden Hills Municipal Code to read as follows: CHAPTER 9.6 - FLOOD PLAIN MANAGEMENT ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Section 9.6-1. Statutory Authorization: This regulation is enacted pursuant to the provisions of M.S. 103F and 462.357, which outlined local government units to adopt regulations designed to minimize flood losses. Section 9.6-2. Findings of Fact: (A) The flood hazard areas of the City of Arden Hills, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (B) Method Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards estabZished by the Minnesota Department of Natural Resources. Section 9.6-3. Statement of Purpose: It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 9.6-2(A) by provisions contained herein. ARTICLE II. GENERAL PROVISIONS Section 9.6-4. Lands to Which Ordinance Applies: This Ordinance shall apply to all lands within the City of Arden Hills as shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. 1 Section 9.6-5. Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this Ordinance. The attached material shall include the Flood Insurance Study for the City of Arden Hills prepared by the Federal Insurance ~ Administration dated , and the Flood Boundary and Floodway Map and Flood Insurance Rate Map dated therein. The Official Zoning Map is on file in the Office of the City Administrator. Section 9.6-6. Regulatory Flood Protection Elevation: The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Section 9.6-7. Interpretation: (A) In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (B) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Person contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. Section 9.6-8. Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other City Regulations inconsistent with this Ordinance are hereby suspended to the extent of the inconsistency only. Section 9.6-9. Warning and Disclaimer of Liability: This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Arden HilZs or ang officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 2 Section 9.6-10. Severability: If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected therebyo Section 9.6-11. Definitions: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. (1) Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (2) Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (3) Conditional Use. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) certain conditions as detailed in the zoning ordinance exist and (2) the structure an/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (4) Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. (5) Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. (6) Flood Frequencye The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. (7) Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Arden Hills. (8) Flood Plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 3 (9) Flood-Proofin . A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. (10) Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. (11) Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. (12) Principal Use or Structure. All uses or structures that are not accessory uses or structures. (13) Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. (14) Regional Flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. (15) Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachment on the flood plain that result from designation of a floodway. (16) Structure. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Section 9.6-34(A) of the Ordinance and other similar items. 4 (17) Variance. A modification of a specific permitted development standard required in an official control including this Ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. ARTICLE III. ESTABLISHMENT OF ZONTNG DISTRICTS Section 9.6-12. Districts: (A) Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Boundary and Floodway Map adopted in Section 9.6-5. (B) Flood Frin e District. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 9.6-5. (C) General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted in Section 9.6-5. Section 9.6-13. Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Articles IV, V, and VI that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (A) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Article IX; (B) Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Article XI; and (C) As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Article X of the Ordinance. 5 ARTICLE IV. FLOODWAY DISTRICT Section 9.6-14. Permitted Uses: (A) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (B) Industrial-commercial loading areas, parking areas, and airport landing strips. (C) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (D) Residential lawns, gardens, parking areas, and play areas. Section 9.6-15. Standards for Floodway Permitted Uses: (A) The use shall have a low flood damage potential. (B) The use shall be permissible in the underlying zoning district if one exists. (C) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of material or equipment. ~~~`~~'.~:f" Section 9.6-16. Conditional Uses: . (A) Structures accessory to the uses listed in 9.6-14 above and the uses listed in 9.6-16(B) through 9.6-16(H) below. (B) Extraction and storage of sand, graveZ, and other materials. (C) Marinas, boat rentals, docks, piers, wharves, and water control structures. (D) Railroads, streets, bridges, utility transmission lines, and pipelines. (E) Storage yards for equipment, machinery or materials. (F) Placement of fill. 6 (G) Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9.6-34 of this Ordinance. (H) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 100-year frequency flood event. Section 9.6-17. Standards for Floodway Conditional Uses: (A) Al1 Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Conditional Use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. a_--(B) All floodway Conditional Uses shall be subject to the ~ procedures and standards contained in Section 9.6-38 of this Ordinance. (C) The Conditional Use shall be permissible in the underlying ` zoning district if one exists. ,`i,~'. f ` 'F • " ~(D) Fill : (1) Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. (2) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long- term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (3) As an alternative, and consistent with Subsection (2) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on- site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the Governing Body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Conditional Use Permit must be title registered with the property in the Office of the County Recorder. 7 (E) Accessory Structures: (1) Accessory structures shall not be designed for human habitation. (2) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and (b) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (3) Accessory structures shall be elevated or fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 fZood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: (a) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and (b) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. (F) Storage of Materials and Equipment: (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 8 (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. (G) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (H) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. ARTICLE V. FLOOD FRINGE DISTRICT Section 9.6-18. Permitted Uses: Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in Section 9.6-19 and the "Standards for all Flood Fringe Uses" listed in Section 9.6-22. Section 9.6-19. Standards for Flood Fringe Permitted Uses: (A) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulatory Fload Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (B) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 9.6-17(E)(3). (C) The cumul.ative placement of fill where at any one time in excess of one-thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Condi- tional Use, unless said fill is specifically intended to elevate a structure in accordance with Section 9.6-19(A) of this Ordinance. 9 (D) The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. (E) The provisions of Section 9.6-22 of this Ordinance shall apply. E Section 9.6-20. Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 9.6-19(A) and (B) or any use of land that does not comply with the standards in Section 9.6-19(C) and (D) shall only be allowable as a Conditional Use. An application for a Conditional Use shall be subject to the standards and criteria and evaluation procedures specified in Sections 9.6-21, 9.6-22, and 9.6-38 of this Ordinance. Section 9.6-21. Standards for FZood Fringe Conditional Uses: ~ ~ (A) Alternative elevation methods other than the use of fill ~ may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if : (1) The enclosed area is above-grade on at least one side of the structure; (2) It is designed to internally flood and is con- structed with flood resistant materials; and (3) It is used solely for parking of vehicles, building access or storage. (B) The above-noted alternative elevation methods are subject to the following additional standards: (1) Design and Certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design stan- dards of the State Building Code and, specifically, that all electricaZ, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. 10 (2) Specific Standards for Above-Grade, Enclosed Areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (a) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one- foot above gradee Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (b) That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (C) Basements, as defined by Section 9.6-11(2) of this Ordinance, shall be subject to the following: (1) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. (2) Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 9.6-21(D) of this Ordinance. (D) All areas of non-residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 and FP-4 classification shall not be permitted. 11 (E) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedi- mentation control plan must be submitted unless the community is enforcing a state approved shoreland manage- ment ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered pro- fessional engineer or other qualified individual accept- able to the Governing Body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (F) Storage of Materials and Equipment: (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or poten- tially injurious to human, animal, or plant life is prohibited. (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. (G) The provisions of Section 9.6-22 of this Ordinance shall also apply. Section 9.6-22. Standards for All Flood Fringe Uses: (A) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (B) Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subj ect to flood velocities greater that four (4) feet per second upon occurrence of the regional flood. 12 (C) Manufacturing and Industrial Uses: Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 9.6-22(B) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (D) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (E) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. (F) Standards for travel trailers and travel vehicles are contained in section 9.6-34. (G) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state of local anchoring requirements for resisting wind forces. ARTICLE VI. GENERAL FLOOD PLAIN DISTRICT Section 9.6-23. Permissible Uses: (A) The uses listed in Section 9.6-14 of this Ordinance shall be permitted uses. (B) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 9.6-24 below. Article IV shall apply if the proposed use is in the Floodway District and Article V shall apply if the proposed use is in the Flood Fringe District. 13 Section 9.6-24. Procedures for Floodway and Flood Fringe Determina- tions Within the General Flood Plain District. (A) Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District. (1) A typicaZ valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and proposed and existing structures on the site; location and elevations of streets; photo- graphs showing existing land uses and vegetation upstream and downstream; and soil type. (3) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed develop- ment. (B) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (1) Estimate the peak discharge of the regional flood. 14 (2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (3) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional state increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. a , a~.F C) The Zeft±TrT "Administrator shal l present the technical evaluation and findings of the designated engineer or ! expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the Governing Body shall refer the matter back to the A~-Zanjr_xg~ Administrator who shall process the permit application consistent with the applicable provisions of Article IV and V of this Ordinance. ARTICLE VII. SUBDIVISIONS Section 9.6-25. Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. Al1 lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivisions drawings and platting documents. Section 9.6-26. Floodway/Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District appli- cants shall provide the information required in Section 9.6-24 of this Ordinance to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the Regulatory Flood Protection Elevation for the subdivision site. 15 Section 9.6-27. Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. ARTICLE VIII. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES Section 9.6-28. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. Section 9.6-29. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Article IV and V of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of the transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption af transportation services would not endanger the public health or safety. Section 9.6-30. On-Site Sewage Treatment and Water Supply Systems. Where public utilities are not provided: (A) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters in the systems; and (B) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment of contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. ARTICLE IX. MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES. Section 9.6-31. New manufac-tured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Article VII of this Ordinance. 16 Section 9.6-32. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and cnay be placed only if elevated in compliance with Article V of this Ordinance. If vehicular road access for pre- existing manufactured home parks is not provided in accordance with Section 9.6-22(A), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Governing Body. Section 9.6-33. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Section 9.6-34. Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9-6.34(A) below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 9.6-34(C) and (D) below. (A) Exemption. Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 9.6-34(B) below and further they meet the following criteria: (1) Have current licenses required for higYxway use. (2) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it. (3) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, under- lying zoning use district. (B) Areas Exempted For Placement of Travel/Recreational Vehicles: (1) Individual lots or parcels of record. (2) Existing commercial recreationaZ vehicZe parks or campgrounds. (3) Existing condominium type associations. 17 (C) Travel trailers and travel vehicles exempted in Section 9.6-34(A) lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of the land restrictions specified in Articles IV and V of this Ordinance. (D) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (1) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation and proper elevated road access to the site exists in accord- ance with Section 9.6-22(A) of this Ordinance. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. (2) All new or replacement travel trailers or travel vehicles not meeting the criteria of 9.6-34(D)(1) above may, as an alternative, be allowed as a Conditional Use if in accordance with the following provisions and the provisions of 9.6-38 of this Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. Al1 attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 9.6-30 of this Ordinance. ARTICLE X. ADMINISTRATION Section 9.6-35. Z-e~ Administrator: A Zoning Administrator or other official designated by the Governing Body shall administer and enforce this Ordinance. If the lorrirng Administrator finds a viola- tion of the provisions of this Ordinance the ~g Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Article XII of this Ordinance. 18 Section 9.6-36. Permit Requirements: (A) Permit Required. A Permit issued by the Sening Adminis- trator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition or ~ alteration of any building, structure, or portion thereof; ~M prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non-conforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. (B) Application for Permit. Application for a Permit shall be ' made in duplicate to the ZQP-I~ng Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn ~ to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (C) State and Federal Permits. Prior to granting a Permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. (D) Certificate of Zoning Compliance for a New, Altered, or Non-Conforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. (E) Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. Permits, Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Article XII of this Ordinance. (F) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Flood 19 proofing measures shall be certified by a registered ~ professional engineer or registered architect. ~ (G) Record of First Floor Elevation. The Zon°iLng Adminis:t.rator. shall maintain a record of the elevation of the lowest floor (including basement) of al1 new structures and alterations or additions to existin structures in the flood plain. The~i~-rrrg`°Admirsi~st~~`r~shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. Section 9.6-37. Board of Adjustment: (A) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. (B) Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Ordinance. (C) Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. (D) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. 20 (E) Decisions. The Board shall arrive at a decision on such appeal or Variance within thirty (30) days. In passing upon an appea2, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 9.6-38(F), which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance punishable under Article XII. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (F) Appeals. Appeals from any decision of the Board may be made, and as specified in this Community's Official Controls and also Minnesota Statutes. (G) Flood Insurance Notice. The Zoning Administrator shall notify the applicant for a variance that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and (2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. (H) Record Keeping. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Section 9.6-38. Uses. The City Council shall hear and decide applications for 1 Uses permissible under this Ordinance. Applications shall be submitted to the--Zon-tng_-Adminis- ~ ~ trator who shall forward the application the City Council for consideration. ..21 (A) Hearings. Upon filing with the City Council an applica- tion for a CopAll-tirmat Use Permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. (B) Decisions. The City Council shall arrive at a decision on a Use within thirty (30) days. In granting a Use Permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 9.6-38(F), which are in con- formity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Article XII. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (C) Procedures to be followed by the City Council in Passing on Ge4ad-it-ierral- Use Permit Applications Within all Flood Plain Districts. (1) The applicant shall furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the propose use: (a) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel. (b) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (2) The City Council shall transmit one copy of the information described in subsection 9.6-38(C)(1) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. 22 (3) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (D) Factors Upon Which the Decision of the City Council Shall be Based. In passing upon Conditional Use applications, the City Council shall consider all relevant factors specified in other sections of this Ordinance, and: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing deveZopment and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (12) Such other factors which are relevant to the purposes of this Ordinance. 23 (E) Time for Acting on Application. The City Council shall act on an application in the manner described above within thirty (30) days from receiving a completed application, except that where additional information is required pursuant to 9.6-38(D) of this Ordinance. In which event the City Council shall render a written decision within thirty (30) days from the receipt of such additional information. (F) Conditions Attached to C4w*d-it-ierfa4 Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the City Council shall attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (1) Modifications of waste treatment and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channel modifica- tions, compensatory storage, dikes, levees, and other protective measures. (5) Flood proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. ARTICLE XI. NON-CONFORMING USES Section 9.6-39. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions: (A) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 24 (B) Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 through FP-4 flood proofing classifications) allowable in the State Building Code, except as further restricted in 9.6-39(C) below. (C) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initiaZ flood plain controls must be cal.culated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Article IV or V of this Ordinance for new structures depending upon whether the structure is in the Flaodway or Flood Fringe, respectively. (D) If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nanconforming uses which have been discontinued for a period of twelve (12) months. (E) In any nonconforming use ar structure is destroyed any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conforrnity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Article IV, V, or VI will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. ARTICLE XII. PENALTIES FOR VIOLATION Section 9.6-40. Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including vioZations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable as defined by law. 25 Section 9.6-41. Nothing herein contained shall prevent the City of Arden Hills from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (A) In responding to a suspected ordinance violation, the ZQn4rrig Administrator and Local Government may utilize the full array of enforcement actions available to it, including but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (B) When an ordinance vioZation is either discovered by or brought to the attention of the i5e+*i-ftg Administrator, the *eTTITM Administrator sha11 immediately investigate the violation of the official control. As soon as is reasonably possible, this information will be submitted to - the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. -(C) The herVM4 Administrator shall notify the suspected party I Iof the requirements of this Ordinance and all other 4,~ Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either : (1) Issue an order identi.fying the corrective actions that must be made within a specified time period to bring the use of structure into compliance with the official controls, or (2) Notify the responsible party to apply for an after- the-fact permit/development approval within a specified period of time not the exceed thirty (30) days. 26 (D) If the responsible party does not appropriately respond to -ftg Administrator within the specified period of the gerfi time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be Prosecuted accordinJ1Y• The Zoning Administrator shall ~ also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. ARTICLE XIIT. AMENDMENTS Section 9.6-42. The flood plain designation of the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to 3ands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. Section 9.6-43. Al1 amendments to this Ordinance, including amendments to the Ofticial Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten (10) days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. The Arden Hills City Council ordains that Chapter 9.5 of the Arden Hills Municipal Code is hereby repealed. Effective Date. This ordinance shall be effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the day of , 1991. Thomas Sather, Mayor ATTEST: Gary R. Berger, Administrator Publication Date. Published on the of , 1991. C\J\AHORD91.005 27 CITY OF ARDEN HILLS MEMORANDUM DATE: September 27, 1991 TO: Mayor and City Council Gary Berger, City Administrator FROM: Catherine J. Iago, Deputy Clerk ~ SUBJECT: Ordinance No. 283 - Adding Chapter 9.6 to the Arden Hills Municipal Code and Repealing Chapter 9.5 Relative to the Flood Plain Management For your information, the Federal Emergency Management Agency and Minnesota DNR have negotiated a model ordinance to reflect the changes enacted in federal regulation in 1986. Every community in the National Flood Plain Insurance Program is being required to amend their flood plain zoning ordinance because of these changes. The City Attorney has prepared a draft ordinance which repeals the existing flood plain chapter of the City Code and incorporate the new regulations in a new chapter. Staff recommends proposed changes penciled in margin and the regulations under Article X appear to conform to current procedures for hearings. ACTION REQUIRED If Council has any further changes, they should be incorporated at this time and the attorney directed to revise the draft ordinance. If no further changes, Council may adopt Ordinance 283, Adding Chapter 9.6 to the Arden Hills Municipal Code and Repealing Chapter 9.5 Relative to the Flood Plain Management, with language revisions and direct staff to publish the ordinance summary as prepared by the City Attorney. NOTE: The ordinance summary will be available Monday. CJI/am v ~ ~ t Federal Emergency Management Agency Washington, D.C. 20472 o A~ Jv ~ ai AUG 2 0 1990 MEMORANDUM FOR: CHIEF EXECUTIVE OFFICERS Attention: Floodplain Admi 'stratorsj- ~ ~ FROM: C. M. "Bud" Schaue~inistrator ~ Federal Insurance nistration 4. SUBJECT: Elevation Certificate and Non-Residential Floodproofinq Certificate The purpose of this correspondence is to describe recent changes that have been made to two forms that are used to certify construction work related to the National Flood Insurance Program (NFIP). The two forms are the Elevation Certificate, which can be used to certify the elevation of a building's lowest floor, and the Floodproofing Certificate for Non-Residential Structures, which must be used to certify that a floodproofed non-residential building has been constructed in accordance with the_NFIP requirements. The Federal Emergency Management Agency (FEMA), after consultation with surveyors, engineers, State and local government officials and other users, has completed a series of revisions to both the Elevation and Floodproofing Certificates in order to meet two objectives: first, to clarify and simplify the Certificates (and in so doing reduce the increasing cost of completing the Certificates); and second, to create Certificates that meet the needs of both floodplain management and flood insurance. Following are descriptions of the two revised Certificates and their uses. ELEVATION CERTIFICATE One of the requirements of the NFIP is that a floodplain management ordinance be adopted and enforced by a community in order to participate in the program. This ordinance requires that a community "obtain the elevation of the lowest floor (including basement) of all new and substantially improved structures, and maintain a record of all such information." Use of the Elevation Certificate provided by FEMA is one way for a community to comply with this requirement. Some of the more significant changes to the Elevation Certificate are to: 1) revise and incorporate the reference level diagrams directly into the Certificate instructions so that it can - 2 - "stand alone" as the complete guidance needed, eliminating the need to rely on the Flood Insurance Manual for supplemental information. 2) add a warning statement that an Elevation Certificate is not a waiver of the Federal flood insurance purchase requirement, and 3) make the Certificate a complete package, consisting of a cover page, the actual Certificate, the completely rewritten instructions, and the reference level diagrams to assure a consistent level of accuracy. The citizens of your community can benefit in several ways when a FEMA Elevation Certificate is used. First, all flood insurance policies require an Elevation Certificate in order to properly rate all structures built after adoption of the Flood Insurance Rate Map where base flood elevation information is available. If your community already has an Elevation Certificate for a structure on file, the property owner would save the expense of obtaining a second certification. A second advantage is that the use and maintenance of a FEMA Elevation Certificate is one of activities that may qualify your citizens for a flood insurance rate reduction if your community elects to participate in FEMA's Community Rating System. FLOODPROOFING CERTIFiCATE FOR NON-RESIDENTIAL STRUCTURES The Floodproofing Certificate language was revised to conform with current floodplain management requirements, and it provides introductory language regarding the appropriate usage of the certificate. Enclosed you will find one copy of both the revised Elevation and Floodproofing Certificates for your community's use. Both certificates are designed to be photocopied. However, additional copies of both certificates can also be ordered from FEMA. The address for ordering additional forms is: Federal Emergency Management Agency P.O. Box 70274 Washington, D.C. 20024 Attn: Publications Concurrently, copies of these Certificates are being distributed to insurance companies and agents for their use. If you or your staff have any questions or comments regarding the two Certificates, please contact your FEMA Regional Office. ~~G MqN 4G •,,'9C Federal Emergency Management Agency Washington, D.C. 20472 P~y° °AUG 2 0 1990 ~ MEMORANDUM FOR: CHIEF EXECUTIVE OFFICERS FROM: C. M. "Bud" Schauert ~iv Federal Insurance Adm trator SUBJECT: National Flood Insurance Program This is my first opportunity to write to you as the Federal Insurance Administration's (FIA) newest Administrator. I want every community CEO of the National Flood Insurance Program (NFIP) to know that I share with my predecessors and all of the men and women of the FIA a dedication to reducing the human misery and economic losses associated with flooding. What better way is there in accomplishing this goal than addressing it through the combined efforts of the Federal, State and local governments? Each level of government brings with it a unique ability to achieving this objective. You have the advantage of being closest to the community's efforts in mitigating flood hazards with the help of the NFIP. You know those activities which have been more effective and those which have fallen short of expectations. PLEASE SHARE THEM WITH THE FEDERAL INSURANCE ADMINISTRATION. Write me personally. I know that many thousands of communities strongly support flood loss reduction programs, and, in fact, often exceed NFIP minimum criteria. I also know that each community which has seen the benefits derived from the NFIP has become a cheerleader for the program. And, by the way, property owners--especially those who have suffered a flood loss--respond positively to local officials who implement above-standard floodplain management programs. So why is it that so many other property owners still do not carry flood insurance when it is in their best interests to have the coverage? Is it the cost? Is it a"it cannot happen here" attitude? Maybe it is merely a lack of understanding or a combination of many things. The point I want to make the most in this letter is that FLOOD INSURANCE WORKS FOR THE FEDERAL, STATE AND LOCAL GOVERNMENTS AND EVERY PROPERTY OWNER WHO HAS IT. And the FIA needs your help to encourage more coverage. In closing I want to add that some years ago I served as a loaned executive and administrative assistant for the former Mayor of Houston, Louie Welch. It was an exciting year and one which has helped me to appreciate the services you are performing all over our great country. Write and teZl me about your job. I promise to respond. Thanks. FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. N03067-0077 NATIONAL FLOOD INSURANCE PROGRAM fxpiresMay31, 1993 FLOODPROOFIIVG CERTIFICATE FOR NON-RESIDEIVTIAL STRUCTURES The floodproofing of non-residential buildings may be permitted as an alternative to e/evating to or above the Base Flood Elevation; however, a floodproofing design certification is required. This form is to be used for that certification. F/oodproofing of a residentia/ building does not a/ter a community`s floadp/ain management e/evation requirements or effect the insurance rating un/ess the community has been issued an exception by FEMA to allow floodproofed residentia/ basements. The permitting of a f/oodproofed residentia/ basement requires a separate certification specifying that the design complies with the /ocal f/oodp/ain management ordinance. FOR INSURANCE COMPANY USE BUILDING OWNER'S NAME POLICY NUMBER STREET ADDRESS (Including Apt., Unit, Suite and/or Bldg. Number) OR P.O. ROUTE AND BOX NUMBER COMPANY NAIC NUMBER OTHER DESCRIPTION (Lot and Block Numbers, etc.) CITY STATE ZIP CODE SECTIQN I FLOOD INSURANCE RATE MAP (FIRM) INFORMATION Provide the following from the proper FIRM: COMMUNITY NUMBER PANEL NUMBER SUFFIX DATE OF FIRM INDEX FIRM ZONE BASE FLOOD ELEVATION (in AO Zones, use depth) SECTION II FLOODPROOFING INFORMATION (By a Registered Professional Engineer or Architect) Floodproofing Design Elevation Information: Building is floodproofed to an elevation of U feet NGVD. (Elevation datum used must be the same as that on the FIRM.) Height of floodproofing on the building above the lowest adjacent grade is W. U feet. (NOTE: for insurance rating purposes, the building's floodproofed design e/evation must be at least one foot above rhe Base Flood E/evafion to receive rafing credit. If the building is f/oodproofed on/y to the Base F/ood E/evation, then the building's insurance rating will result in a higher premium.) SECTION III CERTIFICATION (By a Registered Professional Engineer or Architect) Non-Residential Floodproofed Construction Certification: 1 certify that based upon development and/or review of structural design, specifications, and p/ans for consfruction that the design and methods of construction are in accordance with accepted standards of pracfice for meeting the following provisions: The structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation indicated above, with walls that are substantially impermeable to the passage of water. All structural components are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces. 1 certify that the information on this certificate represents my best efforts to interpret the data available. 1 understand that any false stafement may be punishable by fine or imprisonment under 18 U. S. Code, Section 1001. CERTIFIER'S NAME LICENSE NUMBER (or Affix Seal) TITLE COMPANY NAME ADDRESS CITY STATE ZIP SIGNATUPE DATE PHONE Copies should be made of this Certificate for: 1) community official, 2) insurance agent/comparsy, and 3) building owner. FEMA Form 61-65, MAY 90 REPLACES EDITION OF JUN 87, WHICH IS OBSOLEP€. PAPERWORK BURDEN DISCLOSURE NOTICE GENERAL - This information is provided pursuant to Public Law 96-511, (The Paperwork Reduction Act of 1980, as amended), dated December 11, 1980, to allow the public to participate more ful]y and meaningfully in the Federal paperwork review process. AUTHORITY - Public Law 96-511, amended; 44 U.S.C. 3507; and 5 CFR 1320 DISCL09URE OF BURDEN - Public reporting burden for the collection of information entitled "Post-Construction Elevation Certificate/Floodproofing Certificate" (FEMA Form 81-31 and 81-65) is estimated to average 12 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the forms. Send comments regarding the burden estimate or any aspect of the collection, including suggestions for reducing t;he burden, to: Information Collections Management, Federal Emergency Management Agency, 500 C Street, S.W. 20472; and to the Office of Management and Budget, Paperwork Reduction Project (3067-0077), Washington, D.C. 20503. `U.S.GP0:1990-723-004/20124 ( 4G~~Y Mq~,9 CF, d ~ ~n FEDERAL EMERGENCY MANAGEMENT AGENCY NATIONAL FLOOD INSURANCE PROGRAM ELEVATION CERTIFICATE AND INSTRUCTIONS YAPERWORK BURUEN DISCLOSURE NOTICE GENERAL -'rhis informaLion is provided pursuanL to Public Law 96-511, ('Phe Paperwork Reduct,ion Act of 1980, as amended), dated December 11, 1980, to allow the public to parLicipate more fully and meaningfully in the Federal paperwork review process. AUTHORITY - Public Law 96-511, amended; 44 U.S.C. 3507; and 5 CFR 1320 DISCLOS[JRE OF BURDEN - Public reporting burden for the collection ol'information entitled "Post-Construction Elevation Certi{`icate/Floodproofing Certificate" (FEMA Form 81-31 and 81-65) is estimated to average 12 minutes per response, including the l,ime for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the forms. Send comments regarding the burden estimate or any aspect of the collection, including suggestions for reducing the burden, to: Information Collections Management, Federal Emergency Management, Agency, 500 C St,reet, S. W. 20472; and to the Ofiice of Management and Budget, Yaperwork Keduction Project (3067-0077), Washington, D.C. 20503. ELEVATION CERTIFICATE O.M.B. No3067-0077 Expires May 31, 1993 FEDERAL EMERGENCY MANAGEMENT AGENCY NATIONAL FLOOD INSURANCE PROGRAM ATTENTION: Use of this certificate does not provide a waiver of the flood insurance purchase requirement. This form is used only to provide elevation information necessary to ensure compliance with applicable community floodplain management ordinances, to determine the proper insurance premium rate, and/or to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR). Instructions for completing this form can be found on the following pages. SECTION A PROPERTY INFORMATfON FOR INSURANCE COMPANY USE BUILDING OWNER'S NAME POLICY NUMBER STREET ADDRESS (Including Apt., Unit, Suite and/or Bldg. Number) OR P.O. ROUTE AND BOX NUMBER COMPANY NAIC NUMBER OTHER DESCRIPTION (Lot and Block Numbers, etc.) CITY STATE ZIP CODE SECTION B FLOOD INSURANCE RATE MAP (FIRM) INFORMATION Provide the following from the proper FIRM (See Instructions): 1. COMMUNITY NUMBER 2. PANEL NUMBER 3. SUFFIX 4. DATE OF FIRM INDEX 5. FIRM ZONE 6. BASE FLOOD ELEVATION (in AO Zones, use depth) 7. Indicate the elevation datum system used on the FIRM for Base Flood Elevations (BFE): ? NGVD '29 ? Other (describe on back) 8. For Zones A or V, where no BFE is provided on the FIRM, and the community has established a BFE for this building site, indicate the community's BFE: Ll feet NGVD (or other FIRM datum-see Section B, Item 7). SECTION C BUILDING ELEVATION INFORMATION 1. Using the Elevation Certificate Instructions, indicate the diagram number from the diagrams found on Pages 5 and 6 that best describes the subject building's reference level . 2(a). FIRM Zones A1-A30, AE, AH, and A(with BFE). The top of the reference level floor from the selected diagram is at an elevation of I I I I I ~.L1 feet NGVD (or other FIRM datum-see Section B, Item 7). (b). FIRM Zones V1-V30, VE, and V(with BFE). The bottom of the lowest horizontal structural member of the reference level from the selected diagram, is at an elevation of I ~ ~ I I~ U feet NGVD (or other FIRM datum-see Section B, Item 7). (c). FIRM Zone A(without BFE). The floor used as the reference level from the selected diagram is W. U feet above ? or below ?(check one) the highest grade adjacent to the building. (d). FIRM Zone AO. The floor used as the reference level from the selected diagram is W. U feet above ? or below L-1 (check one) the highest grade adjacent to the building. If no flood depth number is available, is the building's lowest floor (reference level) elevated in accordance with the community's floodplain management ordinance? ? Yes ? No ? Unknown 3. Indicate the elevation datum system used in determining the above reference level elevations: ? NGVD '29 ? Other (describe under Comments on Page 2). (NOTE: If fhe elevation datum used in measuring the elevations is different than that used on the FIRM [see Section 8, Item 7], then convert the elevations to the datum system used on the F/RM and show the conversion equation under Comments on Page 2.) 4. Elevation reference mark used appears on FIRM: ? Yes ? No (See Instructions on Page 4) 5. The reference level elevation is based on: ? actual construction ? construction drawings (NOTE: Use of construction drawings is only valid if the building does not yet have the reference level floor in place, in which case this certificate will only be valid for the building during the course of construction. A post-construction Elevation Certificate will be required once construction is complete.) 6. The elevation of the lowest grade immediately adjacent to the building is: II . U feet NGVD (or other FIRM datum-see Section B, Item 7). SECTION D COMMUNITY INFORMATION 1. If the community official responsible for verifying building elevations specifies that the reference level indicated in Section C, Item 1 is not the "lowest floor" as defined in the community's floodplain management ordinance, the elevation of the building's "lowest floor" as defined by the ordinance is: ~ ~ I I IJ .U feet NGVD (or other FIRM datum-see Section B, Item 7). 2. Date of the start of construction or substantial improvement • FEMA Form 81-31) MAY 90 REPLACES ALL PREVIOUS EDITIONS SEE REVERSE SIDE FOR CONTINUATION SECTION E CERTIFICATION This certification is to be signed by a land surveyor, engineer, or architect who is authorized by state or local law to certify elevation information when the elevation information for Zones A1-A30, AE, AH, A(with 13FE),V1-V30,VE, and V(with BFE) is required. Community officials who are authorized by local law or ordinance to provide floodplain management information, may also sign the certification. In the case of Zones AO and A(without a FEMA or community issued BFE), a building official, a property owner, or an owner's representative may also sign the certification. Reference level diagrams 6, 7 and 8- Distinguishing Features-If the certifier is unable to certify to breakaway/non-breakaway wall, enclosure size, location of servicing equipment, area use, wall openings, or unfinished area Feature(s), then list the Feature(s) not included in the certification under Comments below. The diagram number, Section C, Item 1, must still be entered. I certify that the information in Secfions 8 and C on this certificate represents my best efforts to interpret the data availab/e. I understand that any fa/se stafement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. CERTIFIER'S NAME LICENSE NUMBER (or Affix Seal) TITLE COMPANY NAME ADDRESS CITY STATE ZIP SIGNATURE DATE PHONE Copies should be made of this Certificate for: 1) community official, 2) insurance agent/company, and 3) building owner. COMMENTS: ON WITH ON PILES, SLAB BASEMENT PIERS, OR COIUMNS A V A A V ZONES ZONES ZONES . ZONES ZONES REFERENCE REFERENCE LEVEL REFERENCE LEVEL BASE FLOOD LEVEL ELEVATION BASE BASE FLOOD ADJACENT REFERENCE FLOOD G ' ELEVATION REFERENCE ADJACEN7 RADE LEVEL ELEVATION LEVEL GRADE qDJACENT';. GRADE The diagrams above illustrate the points at which the elevations should be measured in A Zones and V Zones. Elevations for all A Zones should be measured at the top of the reference level floor. Elevations for all V Zones should be measured at the bottom of the lowest horizontal structural member. Page 2 THE NATIONAL FLOOD INSURANCE PROGRAM ELEVATION CERTIFICATE PURPOSE OF THE ELEVATION CERTIFICATE The Elevation Certificate is an important administrative tool of the National Flood Insurance Program (NFIP). As part of the agreement for making flood insurance available in a community, the NFIP requires the community to adopt a floodplain management ordinance containing certain minimum requirements intended to reduce future flood losses. One such requirement is that the community "obtain the elevation of the lowest floor (including basement) of all new and substantially improved structures, and maintain a record of all such information." The Elevation Certificate is one way for a community to comply with this requirement. The Elevation Certificate is also required to properly rate post-FIRM structures, which are buildings constructed after publication of the Flood Insurance Rate Map (FIRM), for flood insurance in FIRM Zones A1-A30, AE, AO, AH, A(with Base Flood Elevations [BFE's]), V1-V30, VE, and V(with BFE's). In addition, the Elevation Certificate is also needed for pre-FIRM structures being rated under post-FIRM flood insurance rules. Use of this certificate does not in any way alter the flood insurance purchase requirement. The Elevation Certificate is only used to provide information necessary to ensure compliance with applicable community floodplain management ordinances, to determine the proper flood insurance premium rate, and/or to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR). Only a LOMA or LOMR from the Federal Emergency Management Agency (FEMA) can amend the FIRM and remove the Federal requirement for a lending institution to require the purchase of flood insurance. Note that the lending institution may still require flood insurance. This certificate is only used to certify the elevation of the reference level of a building. If a non-residential building is being floodproofed, then a Floodproofing Certificate must be completed in addition to certifying the building's elevation. Floodproofing of a residential building does not alter a community's floodplain management elevation requirements or affect the insurance rating unless the community has been issued an exception by FEMA to allow floodproofed residential basements. INSTRUCTIONS FOR COMPLETING THE ELEVATION CERTIFICATE The Elevation Certificate is to be completed by a land surveyor, engineer, or architect who is authorized by state or local law to certify elevation information when the elevation information for Zones A1-A30, AE, AH, A(with BFE's), V1-V30, VE, and V(with BFE's) is required. Community officials who are authorized by local law or ordinance to provide floodplain management information may also complete this form. For Zones AO and A(without BFE's), a building official, a property owner, or an owner's representative may also provide the information on this certification. SECTION A Property Information The Elevation Certificate identifies the building, its owner and its location. Provide the building owner's name(s), the building's complete street address, and lot and block number. If the property address is a rural route or PO box number, provide a legal description or an abbreviated location description based on distance from a reference point. SECTION B Flood Insurance Rate Map Information In order to properly complete the Elevation Certificate, it is necessary to locate the building on the appropriate FIRM, and record the appropriate information. To obtain a FIRM, contact the community or call 1-800-333-1363. The Elevation Certificate may be completed based on either the FIRM in effect at the time of the certification or the FIRM in effect when construction of the building was started. Items 1- 6. Using the FIRM Index and the appropriate FIRM panel for the community, record the community number, panel (or page) number, suffix, and Index date. From the appropriate FIRM panel, locate the property and record the zone and the BFE (or flood depth number) at the building site. BFE's are shown on a FIRM for Zones Ai-A30, AE, AH, V1430, and VE; flood depth numbers are shown for Zone AO. Item 7. Record the vertical datum system to which the elevations on the applicable FIRM are referenced. The datum is specified in the upper right corner of the title block of the FIRM. Item 8. In A or V Zones where BFE's are not provided on the FIRM, the community may have established BFE's based on data from other sources. For subdivisions and other development greater than 50 lots or 5 acres, establishment of BFE's is required by community floodplain management ordinance. When this is the case, complete this item. Page 3 SECTION C Building Elevation Information Item 1. The Elevation Certificate uses a building's reference level as the point for measuring its elevation. Pages 5 and 6 of this Elevation Certificate package contain a series of eight diagrams of various building types that are to be used to help determine the reference level. Choose the diagram that best represents this building, record the diagram number, and use the indicated reference level to measure the elevation as requested in Items 2a-d. Item 2. Depending on the property location's FIRM Zone, complete Item 2a, 2b, 2c, or 2d. Use the reference level shown in the appropriate building diagram as the point of ineasurement. As shown in the diagram on the back of the Certificate, for all A Zones, the elevation should be measured at the top of the reference level floor. For all V Zones, the elevation should be measured at the bottom of the lowest horizontal structural member of the reference level floor. Reporting of elevations in Items 2a and 2b should be to the nearest tenth of a foot, or alternatively, unless prohibited by state or local ordinance, the reference level elevation may be "rounded down" to the nearest whole foot ("rounding up" is prohibited). Item 2(a). For structures located in FIRM Zones A1-A30, AE, AH, and A(with BFE's), record the elevation (to the nearest tenth of a foot) of the top of the floor identified as the reference level in the applicable diagram. Item 2(b). For structures located in FIRM Zones V1-V30, VE, and V(with BFE's), record the elevation (to the nearest tenth of a foot) of the bottom of the lowest horizontal structural member of the floor identified as the reference level in the applicable diagram . Item 2(c). For structures located in FIRM Zone A(without BFE's), record the height (to the nearest tenth of a foot) of the top of the floor indicated as the reference level (from the applicable diagram) above or below the highest adjacent grade immediately next to the building. Item 2(d). For structures located in FIRM Zone AO, the FIRM will show the base flood depth. For locations in FIRM Zone AO record the height (to the nearest tenth of a foot) of the top of the floor identified as the reference level (from the applicable diagram) above or below the highest adjacent grade immediately next to the building. For post-FIRM buildings, the community's floodplain management ordinance requires that this value equal or exceed the base flood depth provided on the FIRM. For those few communities where this base flood depth is not available, the community will need to determine if the lowest floor is elevated in accordance with their floodplain management ordinance. Item 3. Record the vertical datum system used in identifying the reference level elevations for all buildings. If the datum used in measuring the elevations is different than that used on the FIRM, then convert the elevations in Items 2a-d to the datum used on the FIRM, and show the conversion equation under the Comments section on Page 2. Item 4. Indicate if the elevation reference mark used appears on the FIRM. Reference marks other than those shown on the FIRM may be used for elevation determinations. In areas experiencing ground subsidence, the most recently adjusted reference mark elevations must be used for reference level elevation determinations. Item 5. Indicate if the reference level used in making the elevation measurement is based on actual construction or construction drawings. Construction drawings should only be used if the building does not yet have the reference level floor in place, in which case the Elevation Certificate will only be valid for the building during the course of construction. A post-construction Elevation Certificate will be needed once construction is complete. Item 6. Record the elevation measurement of the lowest grade adjacent to the building (to the nearest tenth of a foot). Adjacent grade is defined as the elevation of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. This measurement should be to the nearest tenth of a foot if this Certificate is being used to support a request for a LOMA/LOMR. SECTION D Community Information Completion of this section may be required by the community in order to meet the minimum floodplain management requirements of the NFIP. Otherwise, completion of this section is not required. Item 1. The community's floodplain management ordinance requires elevation of the building's "lowest floor" above the BFE. For the vast majority of building types, the reference level and the lowest floor will be the same. If the community determines that there is a discrepancy, record the elevation of the lowest floor. Item 2. Enter date. These terms are defined by local ordinance. SECTION E Certification Complete as indicated. The Elevation Certificate may only be signed by a land surveyor, engineer, or architect who is authorized by state or local law to certify elevation information when the elevation information for Zones A1-A30, AE, AH, A(with BFE's), V1-V30, VE, and V (with BFE's) is required. Community officials who are authorized by local law or ordinance to provide floodplain management information may also sign this certification. In the case of Zones AO and A(without BFE's), a building official, a property owner, or an owner's representative may sign this certification. Certification is normally to the information provided in Sections B and C. If the certifier is unable to certify to the selection of reference level diagram 6, 7 or 8(Section C, Item 1), e.g., because of difficulty in obtaining construction or building use information needed to determine the Distinguishing Feature(s), the certifier must list the Feature(s) excluded from the certification under Comments on Page 2. The diagram number used for the Reference level must still be entered in Section C, Item 1. Page 4 INSTRUCTIONS The following 8 diagrams contain descriptions of various types of buildings. Compare the features of your building with those shown in the diagrams and select the diagram most applicable. Indicate the diagram number on the Elevation Certificate (Section C, Item 1) and complete the Certificate. The reference level floor is that level of the building used for underwriting purposes. NOTE: In all A Zones, the reference level is the top of the lowest floor; in V Zones the reference level is the bottom of the lowest horizontal structural member (see diagram on page 2). Agents should refer to the Flood Insurance Manual for instruction on lowest floor definition. DIAGRAM NUMBER 1 DIAGRAM NUMBER 2 ALL SINGLE AND MULTIPLE FLOOR BUfLDINGS (OTHER ALL SINGLE AND MULTIPLE FLOOR BUILDINGS (OTHER THAN THAN SPLIT LEVEL), INCLUDING MANUFACTURED (MOBILE) SPLIT LEVEL), INCLUDING MANUFACTURED (MOBILE) HOUSING AND HIGH RISE BUILDINGS, EITHER DETACHED OR HOUSING AND HIGH RISE BUILDINGS, EITHER DETACHED OR ROW TYPE (E.G., TOWNHOUSE, ETC.); WITH OR WITHOUT ROW TYPE (E.G., TOWNHOUSES, ETC.); WITH OR WITHOUT ATTACHED GARAGE. ATTACHED GARAGE. Distinguishing Feature - The first floor is not below ground level (grade) on Distinguishing Feature - The first floor or basement (including an all sides'. This includes "walkouY" basements, where at least one side is at or underground garage") is below ground level (grade) on all sides'. above grade. (Not illustrated) HIGHER FLOORS i i i HIGHER FLOORS (IF ANY) ' (IFANY) GRADE FIFST FLOOR FIRSTFLOOR GRADE A- BASEMENT (INCLUDING UNDERGROUND GARAGE) W7 REFERENCE LEVEL REFERENCE (TOP OF FLOOR) LEVEL (TOP OF BASEMENT FLOOR DIAGRAM NUMBER 3 DIAGRAM NUMBER 4 ALL SPLIT LEVEL BUILDINGS, EITHER DETACHED OR ROW ALL SPLIT LEVEL BUILDINGS, EITHER DETACHED OR ROW TYPE (E.G., TOWNHOUSES, ETC.); WITH OR WITHOUT TYPE (E.G., TOWNHOUSES, ETC.); WITH OR WITHOUT ATTACHED GARAGE. ATTACHED GARAGE. Distinguishing Feature - The lower level is not below ground level (grade) on Distinguishing Feature - The lower level (or intermediate level) is below all sides'. This includes "walkouY" basements, where at least one side is at or ground level (grade) on all sides`. above grade. HIGHER FLOORS HIGHER FLOORS HIGHER FLOORS HIGHER FLOORS (IFANY) (IFANY) (IFANY) (IFANV) 1 I 1 I I I I I I 1 I I 1 I I ~ I I I I I I ~ ~ I ~ I I UPPERLEVEL GRADE UPPERLEVEL GRADE GRADE INTERMEDIATE GRADE INTERMEDIATE ~ LEVEL LEVEL LOWER LEVEL LOWER LEVEL \ TO7 REFERENCE LEVEL (TOP OF BASEMENT FLOOR') * Under fhe Nationa/ F/ood Insurance Program's risk classification and insurance coverage, a floor that is below ground leve! (grade) on all sides is considered a basement even though the floor is used for living purposes, or as an office, garage, workshop, etc. Page 5 Note: In all A Zones, the reference level is the top of the lowest floor; in V Zones the reference level is the bottom of the lowest horizontal structural member (see diagram on page 2). Agents should refer to the Flood Insurance Manual for instruction on lowest ftoor definition. DIAGRAM NUMBER 5 DIAGRAM NUMBER 6 ALL BUILDINGS, INCLUDING MANUFAC7URED (MOBILE) ALL BUILDINGS, INCLUDING MANUFACTURED (MOBILE) HOMES ELEVATED ON PIERS, POSTS, COLUMNS, SHEAR HOMES ELEVATED ON PIERS, POSTS, COLUMNS, SHEAR WALLS, WITH OR WITHOUT PARKING AREA BELOW WALLS, WITH OR WITHOUT PARKING AREA BELOW EIEVATED FLOOR. ELEVATED FLOOR. Distfnguishing Feature - For all zones, the area below the elevated floor Distinguishing Feature - For V Zones only, the area below the elevated is open, with no obstruction to the flow of flood waters (open wood lattice floor is enclosed, either partially or fully, by solid breakaway walls." When work or readily removable insect screening is permissible). enclosed area is greater than 300 square feet or contains equipment servicing the building, use Diagram Number 7; this will result in a higher insurance rate. The enclosed area can be used for parking, building access or lim'ited storage. HIGHER FLOORS HIGHER FLOORS (IF ANY) (IF ANY) I I I I I ELEVATED ELEVATED FIRST FLDOR FIRST FLOOR REFERENCE pEFERENCE LEVEL LEVEL ENCLOSEDAREA - DIAGRAM NUMBER 7 DIAGRAM NUMBER 8 ALL BUILDINGS, INCLUDING MANUFACTURED (MOBILE) HOMES ELEVATED ON PIERS, POSTS, COLUMNS, SHEAR ALL BUILDINGS CONSTRUCTED ABOVE AN UNFINISHEb WALLS, SOLID NON-BREAKAWAY WALLS, WITH OR SPACE, INCLUDING CRAWL SPACE. WlTHOIlT PARIC1uG AREA BELOW ELEVATED FLOOR. Distinguishing Feature - For all zones, the area below the elevated floor is Distinguishing Feature - For A Zones only, the area below the first floor is enclosed, either partially or fully, by solid non-breakaway walls, or contains enclosed by solid or partial perimeter walis, is unfinished, and contains no equipment servicing the building. For V Zones only, the area is enclosed, equipment servicing the structure. The area can be used for parking, either partially or fully, by solid breakaway walls*' having an enclosed area building access, or limited storage. greater than 300 square feet. For A Zones only, with an area enclosed by solid walls having proper openings,`*' and used only for parking, building access, or limited storage, use Diagram Number 8 to determine the reference level. HIGHER FLOORS ~ HIGHERFLOORS (IFANY) (IF ANY) GRADE FIRST FLOOR ELEVATED ENGLOSED AREA REFERENCE ~ FIRST FLOOR LEVEL ~ CRAWLSPACE REFERENCE ~ ' LEVEL Openings GRADE ' Under the National Flood Insurance Program's risk classification and insurance coverage, a floor that is below ground level (grade) on aii sides is considered a basement even though the floor is used for living purposes, or as an office, garage, workshop, etc. " Solid breakaway walls are wal/s that are not an integral part of the structural support of a building and are intended through their design and construction to coilapse under specific lateral loading forces, without causing damage to the elevated portion o1 the building or supporting foundation. An area so enclosed is not secure against forceable entry. !f the area below the lowest floor is fully enclosed, then a minimum of two openings are required with a total net area of at least one square inch for every square foot of area enclosed with ihe bottom of the openings no more than one foot above grade. Alternatively, certification may be provided by a registered professional engineer or architect that the design will allow equalization of hydrostatic flood forces on exterior walls. If neither of these criteria are met, then the reference levei is the lowest grade adjacent to the structure. Page 6 ~r U. S. GOVERNMENT PRINTING OFFICE: 1990 723-005/20260