HomeMy WebLinkAboutOrdinance - 276 - Designating the Floodplains in the City and Regulating the Use and Development - 11/05/1974 10/10/74 ml
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA 4
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ORDINANCE NO. 276
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AN ORDINANCE DESIGNATING THE FLOOD PLAINS IN THE
CITY, AND REGULATING THE USE AND DEVELOPMENT THEREOF.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN:
Section 1. Title. The short form title by which this ordinance
may be referred to shall be "The Flood Plain Ordinance."
Section 2.
Subdivision 1. Declaration of Policy. It is hereby found and
declared that lands adjacent and contiguous to Riley Creek, Purgatory Creek,
Nine Mile Creek and Lower Minnesota River-are, or may be, subject to periodic
flooding resulting in: loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expendi-
tures for flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety and welfare. ; .
It is, therefore, the purpose of this ordinance to guide and
regulate the orderly development of such lands and thereby minimize public
and private losses, and to insure maintenance of needed natural water storage.
areas and water courses , and their shorelines and adjacent vegetation and topog-
raphy, and thereby to promote and protect the public health, safety, and welfare.
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Subdivision 2. Specific Purposes. In addition to this policy, �` {
the specific intent of this ordinance is to:
(a) Reduce danger to health by protecting surface and ground
water supplies from the impairment which results from
incompatible land uses by providing safe and sanitary drainage.
(b) Reduce the financial burdens imposed on this community and
the individuals therein by floods and overflow of water on lands.
(c) Permit and encourage planned development land uses which
will not impede the flow of flood water, or cause danger
to life or property.
(d) Permit and encourage land uses compatible with the preserva-
tion of the natural vegetation and marshes which are a
principal factor in the maintenance of constant rates of
water flow throughout the year.
(e) Avoid fast runoff of surface waters from developed areas
to prevent polluting materials such as animal feces, motor
oils, paper, sand, salt, garbage and other debris, sediment,
and foreign materials from being carried directly into
the nearest natural stream, lake or other public waters. 3
(f) Encourage a suitable system of ponding areas to permit
the temporary withholding of rapid water runoff which
presently contributes to downstream flooding and general
water pollution giving preference to areas which contribute
to the groundwater infiltration and recharge, thereby
reducing the need for public projects to contain, store
and control such runoff.
(g) Through proper planning provide sufficient land area to carry abnormal
flows of storm water in periods of heavy precipitation, and to
prevent needless expenditures of public funds for storm sewers
and flood protection devices.
(h) Prevent the development of structures in areas unsafe for
occupancy by reason of danger from flooding, unsanitary conditions
or other hazards.
(i) Prevent the placement of obstructions which restrict the right
of public passage and use of the bed, bank and water of any
creeks, marshes or watercourses within the City.
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Section 3.
Subdivision 1. Definitions. Unless otherwise specifically
defined, the words and phrases used in this ordinance shall be interpreted to
give them the meaning they have in common usage, and so as to give this
ordinance its most reasonable application.
Subdivision 2. Accessory Use or Structure. - a use or structure
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on the same lot with, and of a nature customarily incidental and subordinate
to, the principal use or structure.
Subdivision 3. Channel. - means any natural or artificial water-
course which confines and conducts water flowage, either continuously or period-
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ically as measured by the ordinary highwater marks of these watercourses.
Subdivision 4. Commissioner. - means the Commissioner of Natural
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Resources of the State of Minnesota.
Subdivision S. Council. means the City Council of the City.
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Subdivision 6. Equal Degree of Encroachment. - a method of
determining the location of encroachment lines so that the hydraulic capacity
of flood plain lands on each side of a stream are reduced by an equal amount
when calculating the increases in flood stages due to flood plain encroachments.
Subdivision 7. Flood. - a temporary rise in stream flow or stage
that results in inundation of the land areas adjacent to, but other than, the
channel.
Subdivision 8. Flood Frequency. - the average frequency, statis-
tically determined, for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
Subdivision 9. Flood Plain. - the area adjoining a watercourse
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which has been, or hereafter may be, covered by the Regional Flood. y
Subdivision 10. Floodway. - the channel of the watercourse and
those portions of the adjoining flood plains which are reasonably required to
carry and discharge the regional flood.
Subdivision 11. Flood Proofing. - a combination of structural
provisions, changes or adjustments to properties and structures subject to flood-
ing primarily for the reduction or elimination of flood damages.
Subdivision 12. Obstruction. - any storage of material or equip-
ment, dam, wall, wharf, embankment, levee, road, dike, pile, abutment, projection,
excavation, culvert, building, wire, fence stockpile, refuse, fill, deposit from
clearing of trees or vegetation, structure or matter in, along, across, or
projecting, in whole or in part, into the flood plain.
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Subdivision 13. Reach. - a hydraulic engineering term to describe `
longitudinal segments of the stream influenced by a natural or man-made
obstruction. In an urban area, the segment of a stream between two consecutive
road crossings would most typically constitute a reach.
Subdivision 14. Regional Flood. - a flood which is representative
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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.
Subdivision 15. Regulatory Flood Protection Elevation. a point
not less than one foot above the water surface profile associated with the
regional flood plus any increases in flood heights attributable to encroach-
ments on the flood plain. It is the elevation to which uses regulated by
this ordinance are required to be elevated or flood proofed.
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.. Subdivision 16. Structure. - anything that is built, constructed
or installed, whether of a temporary or permanent character.
Section 4. Lands Subject to Ordinance.
(a) Land Subject to Ordinance. This ordinance shall apply to all lands
within the City designated in the official flood plain profile. Where the official s
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flood plain profile does not designate otherwise, it shall apply to all areas within
100 feet of the nearest bank of a channel of a watercourse.
(b) Establishment of Flood Plain. The flood plain shall be all
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lands within the jurisdiction of the City which are subject to flooding, and which
lie below the elevation shown on the official flood plain profile (hereinafter
called the "profile") , in the City Hall, a copy of which, reduced in size, is
appended to this ordinance. Schematic representation of the flood plain, based
upon the profile, is also appended to this ordinance for reference and information. ti
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However, the profile on file in the office of the City Engineering Department,
together with all explanatory matter thereon or attached thereto, shall be the
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official flood plain profile, and shall control over the copy of the profile
in the schematic representation appended to this ordinance. The profile, together
with all explanatory matter thereon, or attached thereto, is hereby adopted by
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reference, and declared to be a part of this ordinance. The profile shall be
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on file in the office of the City Engineering Department, and shall be open to
inspection by the public during normal business hours of the City Hall.
(c) Elevation. The elevation of the flood plain as shown on the
profile shall be the governing factor in locating flood plain boundaries.
Section 5. Flood Plain Uses.
(a) Flood Plain Uses. No land use shall be changed, nor shall any
obstruction be changed in its use, or be constructed, erected, added to, altered,
placed or done wholly or partly in the Flood Plain or within 100 feet of the
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nearest bank of the channel of a watercourse unless a written permit is first
obtained pursuant to this ordinance.
(b) Standards and Conditions for Issuance of Permits. No permit
shall be issued unless the following provisions are complied with: E
1. A contiguous parcel of property of sufficient width, but
in no case less than 50 feet from the nearest bank of the
channel, as the case may be, shall be subjected to a perpetual
easement in favor of the City for the purposes of: widening,
deepening, sloping, improving or protecting the bed, banks
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and flood plain for hydraulic efficiency. Said land may
be dedicated to the City upon mutual agreement between the E
landowner and the City. In. either case, there shall be
granted to the City the right of ingress to and egress from
said strip of lands with men, equipment and material where
considered appropriate. Said easement shall also provide that z
the owners of the area shall not make, do or place any obstruc-
tion or structure of any kind, on, or in, such easement area,
or raise the level of the easement area in any way without
first receiving a permit from the City.
2. No permit shall be issued for any obstruction or use which,
acting alone or in combination with existing or anticipated j.
future uses or obstruction, will, or may, unduly decrease
the capacity of the channel or flood plain of the creeks,
or the capacity of any drainage ditch, facility, area or E
system, or the channel of any tributary to the watarc;.urses,
or unduly increase flood heights, or which otherwise will, or
may result in danger to persons or property. Consideration
of the effects of a proposed obstruction or use shall be
based on the reasonable assumption that there will be an
equal degree of encroachment extending for an entire reach i
on both sides of the stream.. In addition, to the provisions
of this ordinance, any proposed work in the City which will
change the course, current or cross-section of the water, bed
or banks of any watercourse, shall be subject to the provisions
of Minnesota Statutes, Chapter 105 and other applicable statutes.
3. No permit shall be used which will result in the placing of
any obstruction which restricts the right of public passage
and use of the channels, banks and watercourses in the City,
except that special permits may be issued for obstructions
approved by the Riley-Purgatory Creek Watershed District as
to Riley and Purgatory Creeks, the Nine Mile Creek Watershed
District as to the Nine Mile Creek, and the Lower Minnesota
Watershed District as to the Minnesota River, and used for
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water management, in which case adequate provision shall be
made for portaging and passage of watercraft.
4. No permit shall be issued which will result in an obstruction .
detrimental to the protection of surface and ground water
supplies.
5. No permit shall be issued which will result in an obstruction
or use incompatible with preservation of those natural land
forms, vegetation and adjacent marshes and wet areas contigu-
ous to watercourses in the City which are principal factors
in the maintenance of constant rates of water flow in said
creeks throughout the year.
6. No permit shall be issued which results in development of
land or water areas reasonably necessary to temporary with-
holding of excessive runoff of surface water, or of land and
water areas which provide groundwater infiltration, and which
development will or may decrease the capacity of such areas
to withhold such surface waters, or to provide such ground
water infiltration.
7. No permit shall be issued for any fill proposed to be
deposited in the Flood Plain, unless shown to have some
beneficial purpose, and the amount thereof must not exceed
M� that necessary to achieve the intended purpose, as demonstrated
by a plan submitted by the owner showing the uses to which
the filled land will be put, the kind of fill , and the final
dimensions of the proposed fill or other materials. Such
fill shall be protected against erosion in the manner required
by the permit. No fill shall be placed on the area dedicated
to public use, or subjected to an easement in favor of
the City pursuant to the subparagraph 1. of paragraph (b) of
this section. Nothing in this paragraph shall be construed
to require the City to grant a permit upon the showing of
some beneficial use if in the opLnion of the City the proposed
use is not sufficiently beneficial to justify its costs, both
direct and indirect, specifically if such filling will
materially increase the possibility of flooding downstream.
8. No permits for garbage and solid waste disposal sites in
the Flood Plain shall be issued.
9. No permit shall be issued unless the proposed use or obstruc-
tion has received the approval of all governmental bodies
having jurisdiction over such use or obstruction, including
the appropriate watershed district, as the case may be, if
said approval is required by the statutes, ordinances, rules
or regulai-ions applicable to such governmental bodies, and
to such use or obstruction.
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10. No permit shall be issued unless the proposed use or obstruc- ';e;
tion conforms to the land use plans and planning objectives
of the City for the area in which the use or obstruction is
to be done or placed.
11. No permit shall be issued within the Floodway of the Lower
Minnesota River Watershed District as delineated by the
"encroachment line" shown for that portion of the District
within the City - except for those activities specifically
permitted by said District and by Statewide Criteria for '
Management of Flood Plain Areas of Minnesota (Minn. Reg. NR 88).
(c) Utilities , Railroad Tracks, Streets and Bridges. Public
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utility facilities, roads, railroad tracks, and bridges within the flood plain
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shall be designed to minimize increases in flood elevations, and shall be
compatible with City Comprehensive Drainage Plan. They shall also be designed,
and evidence thereof shall be submitted to the City, to adequately provide for ;
storm water runoff and sediment control.
(d) Flood Control Works. No permit for any flood control structure
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or similar work will be issued unless in compliance with the land use development
plans of the City. Also, any proposed flood control structure or work which will
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change the course, current or cross-section of the water, bed or banks of any
watercourse in the City shall be subject to the provision of Minnesota Statutes,
Chapter 105.
Section 6. Additional Restrictions in Flood Plain. In addition to
the requirements set out in Section 5 of this ordinance, no permit shall be
issued for any structure or storage of materials and equipment wholly or partly
in the flood plain unless the following requirements are met:
(a) Structures .
1. Structures shall have a low flood damage potential, and
specifically no residential structures will be permitted
within the delineated flood plain.
2. The structure or structures, if permitted, shall be
constructed and placed on the building site so as to
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offer the minimum obstruction to the flow of flood waters.
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(I) Whenever possible, structures shall be constructed
with the longitudinal axis parallel to the direction
of the flood flow, and
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(II) So far as practicable, structures shall be placed !
approximately on the same flood flow lines as
those of adjoinir:g structures.
3. Structures shall. be firmly anchored to prevent flotation
which may result in damage to other structures and/or
restriction of bridge openings and other narrow sections
of watercourses.
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4. Service facilities such as electrical and heating equipment
shall be installed at or above the regulatory flood protection
elevation for the particular area or adequately flood proofed.
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5. The finished fill elevation shall be at least one foot
above the regulatory flood protection elevation for the
particular area, and shall extend at such elevation at
least fifteen (1.5) feet beyond the limits of any structure
or building erected thereon. Where existing streets,
utilities or other conditions make compliance with the ,
foregoing impossible, the City may authorize other techniques.
Structures shall be elevated as provided herein, but may in
special circumstances be otherwise elevated or protected as
provided in paragraph (b) of Section 9 of this ordinance
to a point above the regulatory flood protection elevation.
6. Commercial and industrial structures must be constructed
with no first floor or basement floor below the regulatory
flood protection elevation. Accessory land uses for such
structures, such as yard, railroad tracks and parking lots
may be at lower elevations as provided for in the permit
to be first obtained.
(b) Storage of Materials and Equipment.
1. The storage or processing of materials that are in time of
flooding buoyant, flammable, explosive, or could be injurious
to human, animal or plant life is prohibited.
2. Storage of other material or equipment may be allowed if not
subject to major damage by floods and firmly anchored to
prevent flotation, or readily removable from the area within
the time available after flood warning.
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Section 7. Administration, Application for and Issuance of Permits. ;Jz
(a) Permit Required. A permit issued by the City pursuant to the
provisions of this ordinance shall be applied for and obtained prior to the
construction, erection, addition, alteration or installation of any improvement,
building, structure, obstruction or portion thereof, within any part of a flood
plain or within 100 feet of the nearest bank of the channel of a watercourse.
(b) Application for Permit. Application for a permit shall be made
by the owner or owners on forms provided by the City. A copy of the application
shall be filed with the City Manager, or his designate. The application shall
be accompanied initially by the following, where applicable: plans, drawn to
scale, showing the nature, location, dimensions and elevations of the lot or plot;
existing or proposed structures and/or obstructions; the location of the foregoing
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in relation to the channel and flood plain; and such other information as the
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City Manager may reasonably request.
(c) Application Fee. When filing the application, the applicant
shall pay a non-refundable fee of $25.00 for a permit request, and $10.O0 for
a variance request. d
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(d) The City Manager shall submit a copy of the application to the
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appropriate watershed district, and to the Minnesota Department of Natural Resources.
(e) The City Manager shall submit a copy of the application to the
Park and Recreation Commission for its recommendation on the environmental impact
of the proposed construction, and to the Planning Commission and City Planner
for their report and recommendation.
(f) The application for permit, together with staff reports and the
comments and recommendations from the Park and Recreation Commission, and Planning
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Commission shall then be forwarded to the City Council for action. Comments from
the appropriate Watershed District and the Department of Natural Resources
shall be forwarded to the City Council within sixty (60) days.
(g) Certificate of Compliance. Upon completion of any work or
project pursuant to a permit granted pursuant to this ordinance, and prior to
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the use or occupancy of the land or structures , applicant is required to submit
written certification signed by a duly registered professional engineer, archi-
tect , land surveyor, or other qualified person designated by the City Council at
such time as the building application is approved. Said Certificate of Compliance
shall certify that all permitted improvements, buildings and structures, including,
but not limited to finished fill and building floor elevations, flood proofing, or
other flood protection measures, have been completed in compliance with the permit
including a notice of public hearing on said permit application. '
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(h) Notices of All Public Hearings. Notices of all public hearings
for variances or permits shall be submitted to the Commissioner of Natural Resources
at least ten (10) days prior to the date of said hearing. The Commissioner of
Natural Resources shall be notified of all decisions on variances and special permits
within ten (10) days of such action. z
Section 8. Variance Standards.
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(a) Variances. Variances from the strict language of this ordinance
may be granted by the City Council only when (1) such variance is determined to be
in the public interest, or (2) where strict enforcement would cause undue hardship
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because of circumstances unique to the individual property under consideration.
However, no variance shall have the effect of permitting a lower degree of flood
protection than the regulatory flood protection elevation for the land under
consideration. The Council shall grant variances only pursuant to the provisions
of this ordinance.
(b) Procedure for Considering Variance Applications. Upon
receiving an application for a variance, the City Council., prior to rendering
a decision thereof, may require the applicant to furnish such of the following
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additional information as deemed necessary by the City Council for determining
the suitability of the particular site for the proposed use:
1. Surface water drainage plans and flood proofing measures.
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2. A valley cross-section showing the channel and flood plain
of the watercourse, elevation of land areas adjoining each
side of the channel and flood plain, cross-section areas
to be occupied by the proposed development, high water infor-
mation, all land forms, and adjacent marshes and wet areas.
3. Plans (surface view) showing elevations or contours of the
ground; location and elevation of streets, water supply,
sanitary facilities; photographs showing existing land uses ,
and vegetation upstream and downstream; and soil types.
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4. Profile showing the slope of the bottom of the channel and
flow line of the watercourse.
S. Specifications for building construction and materials,
flood proofing, filling, dredging, grading, channel
improvement, storage of materials, water supply (including ?
withdrawal and discharge of ground and surface water), and
sanitary facilities. ;
6. Such other information, data and plans as may be requested
by the City Council to determine compliance with this
ordinance and the effects of the proposed activity on the
flood plains, watercourses, and adjoining lands in the area.
Section 9. Factors and Conditions Upon Which Decisions May $e Based.
(a) Factors. In passing upon a permit or variance application, the
Council shall consider all relevant factors specified in other sections of this
ordinance, and also consider the following factors:
1. The danger to life and property due to increased flood heights
or velocities caused by obstructions.
2. The danger that materials may be swept onto other lands or
downstream to the injury of others.
3. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination,
unsanitary and nuisance conditions.
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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 availability of alternative locations for the proposed use.
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7. The compatibility of the proposed use with existing develop-
went and development reasonably anticipated in the future.
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8. The irrevocability of the proposed use, and its consequent
costs in terms of accommodating possible uses of a more
beneficial nature which may arise in the future.
9. The relationship of the proposed use to the City's overall s
plan, flood plain management program, and water management `
program.
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 j
sediment transport of the flood waters expected at the site.
12. Such other factors which are relevant to the purposes of
this ordinance.
(b) Conditions. Upon consideration of the factors listed above
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and the purposes of this ordinance, the Council may attach such conditions to
the granting of permits or variances, as the case may be, as deemed necessary to {
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fulfill the purposes of this ordinance, Such conditions may include, but are not
limited to, the following:
1. Modification of waste disposal and water supply facilities.
2. Limitations on period of use and operation.
3. Imposition of operational controls, sureties, and deed
restrictions.
4. Requirements for construction of channel modifications,
dikes, levees, and other protective measures.
5. Conditions to insure compliance and to protect adjacent
properties.
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6. Flood proofing measures which shall be designed consistent
with the factors associated with the regional flood. The
Council may require that the applicant submit a plan or s
document certifying the flood protection elevation and
associated flood factors for that particular area. t
7. Permit suspension in the event the work performed does not
conform to the provisions of the permit or the approved plans
and specifications for the work authorized; provided that
written notice of the permit suspension shall be given by the
City Manager. Said notice shall state the nature of the
corrections required or his designate. Upon correction of
the violation, the permittee may resume work in accordance s'
with the permit.
Section 10. Nonconforming Structures or Obstructions; Lapse; Destruction.
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(a) A structure or obstruction or use of the same which was lawful 3
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before adoption of this ordinance but w}tich is not in conformity with the provisions 1
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of this ordinance may be continued subject to the following conditions:
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1. No such obstruction or structure or use shall be expanded,
changed, enlarged, or altered in any way without complying,
in all respects, with this ordinance. . s
2. If such use is discontinued for twelve consecutive months,
any subsequent use of the structure or obstruction shall
comply in all respects with this ordinance, including, but
not limited, to the obtaining of all required permits.
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3. If any nonconforming structure or obstruction is destroyed
or damaged by any means, including floods, to the extent t
that the cost of repairing or restoring such destroyed or
damaged nonconforming structure or obstruction would be
50 percent or more of the Assessor's Market Value for tax
purposes at the time of damage, then it shall not be
reconstructed except in full compliance, in all respects,
with the provisions of this ordinance, including, but not
limited to, the obtaining of all required permits.
Section 11. Right of Passage. It shall be unlawful for any person,
without a permit obtained pursuant to this ordinance, to place any obstruction in
any watercourse in the City or to obstruct, in any way, the passage of watercraft
or to interfere, in any way, with the use by the public of the beds, banks, waters
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or channels of any watercourse, except obstructions placed by the appropriate
Watershed District and used for water management, in which case adequate provision
shall be made for portaging and passage of watercraft.
Section 12. Removal of Obstructions.
(a) Natural Obstructions. The City shall have the right of
reasonable entry upon lands, for the purpose of ingress and egress to the flood
plain, the bed, banks and waters of any watercourse and within 100 feet of the
bank of a channel to remove any natural obstructions such as, but not limited to,
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trees, debris, litter and silt.
(b) Artificial Obstructions. Any artificial obstruction of the
beds, banks, waters or channels of any watercourse, on the Flood Plain or within
100 feet of the bank of a channel not made pursuant to a permit or existing prior
to the adoption of this ordinance may be ordered by the City Manager to be removed
by the owner of the adjoining land within the time specified by the City Manager
in its written order personally served upon or mailed to such owner. If the owner
shall fail or refuse to remove the obstruction within said time, or if the owner
cannot be found or determined, the City may remove such obstruction and the cost
thereof shall be paid by the owner on demand, or may be assessed against the land,
and collected in the same manner as prescribed by law for levy and collection
of ad valorem real property taxes.
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Section 13. Penalties.
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Any person who violates any provision of this ordinance or fails to
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comply with any of its terms or requirements shall be guilty of a misdemeanor
punishable by a fine of not more than $300 or imprisoned for not more than 90
days, or both, and in addition may be ordered to pay all costs of prosecution and
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and expenses involved in the case. Each day such violation continues shall be
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considered a separate offense.
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Every obstruction or use placed or maintained in the flood plain in
violation of this ordinance is hereby declared to be a public nuisance and creation
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thereof may be enjoined and the maintenance thereof abated by appropriate judicial
action.
Nothing herein contained shall prevent the City from taking such other
lawful action as is necessary to prevent, remedy or remove any violation.
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Section 14. Amendments of Flood Plain Map and Profile.
(a) The flood plain designations on the Flood Plain Map and Profile
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shall not be removed from any areas unless it can be shown that the designation is s
in error or that the areas to be so removed are filled to an elevation at or above
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the flood protection elevation, provided that any areas so removed are contiguous
to other lands lying outside the Flood Plain.
(b) All amendments must be submitted to the City Council and the
Commissioner of Natural Resources and approved by both prior to adoption.
Section 15. Enforcement. The City Council shall have the power and
authority to enforce the provisions of this ordinance. The City will avail itself
to technical assistance available through the appropriate Watershed District and
its staff in determining enforcement procedures for this ordinance.
Section 16. Authority. This ordinance is adopted pursuant to the
authority granted by Minnesota Statutes 1969, Chapter 104.
Section 17. Interpretation. In interpreting and applying the provisions
of this ordinance, they shall be held to be the minimum requirements for the
promotion of the public health, safety, prosperity and general welfare. It is
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not the intention of this ordinance to interfere with, abrogate or annul any
covenant or other agreement between parties, or any other ordinance of the City;
provided, however, where this ordinance imposes a greater restriction upon the use
or improvement of any premises other than those imposed or required by other statutes,
ordinances, rules, regulations or permits of the City, State, or appropriate
Watershed District, or by covenants or agreements, the provisions of this ordinance
shall govern.
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Section 18. Partial Invalidity. If any portion of this ordinance
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is held to be invalid or unenforceable, as to any person or circumstance , the
application of such portion to persons or circumstances other than those as to
which it shall be held invalid or unenforceable, shall not be affected thereby, ard
all other provisions hereof, in all other respects, shall remain valid and
enforceable.
Section 19. Warning and Disclaimer of Liability. This ordinance
does not imply that areas outside the Flood Plain District 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 or any employee thereof for
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any flood damages that result from reliance on this ordinance or any action taken
or decision lawfully made hereunder. }
Section 20. Effective Date. This ordinance shall be effective
immediately upon its passage and publication in the manner provided by
Minnesota Statutes , 1969, Chapter 104.
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First read at a regular meeting of the City Council of. Eden Prairie, this
5th day of November , 1974, and finally read, adopted
and ordered published at a regular meeting of said City Council on the 11th
day of February 1975.
. G-
David W. Osterholt, Mayor
ATTEST: ( S E A L }
John D. ane, C erk
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SUNNEWSPA-PERS �> .
AFFIDAVIT OF PUBLICATION ')
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HOPKI NS
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I1�1NI;TONKA
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6601 W. 78th St. Bloomington, Minnesota
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State of Minnesota 1 ss. � fug c
County of Hennepin 1 . A Of,
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d. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as The Hopkins-Minnetonka Sun and
has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the eadtttr.-. ,
English language in newspaper format and in column and sheet form equivalent in printed space �l _ ) r is d*k
to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once
each week. (3) Said newspaper has 50 0 of its news columns devoted to news of local interest to '.
the cammunity which it purports to serve and does not wholly duplicate any other publication
and is not made up entirely of patents. plate matter and advertisements. (4) Said newspaper '
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is circulated to and near the municipalities which it purports to serve, has at least 500 copies
regularly delivered to paying subscribers, has an average of at least 75% of its total circulation "" '` „ w r
currently paid or no more than three months in arrears and has entry as second-class matter
in its local post-office. ('S) Said newspaper purports to serve the Cities of Hopkins and Eden r
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Prairie and that portion of Minnetonka serving School District No. 274 in the County of Hennepin ° y f. ••
and it has its known office of issue in the City of Bloomington in said County, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of
subscriptions and maintained by the managing officer or persons in its employ and subject to his "a'f " t 4
direction and control during all such regular business hours and devoted exclusively during such = sh t
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regular business hours and devoted exclusively during such regular business hours to the business
of the newspaper and business related thereto. (6) Said newspaper tiles a copy of each issue "
immediately with the State Historical Society. (7) Said newspaper has complied with all forego- M tlwRltaty.
ing conditions for at least two years preceding the day or dates of publication mentioned below. .
(8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1. 1986
and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and ¢y
signed by the publisher of said newspaper and sworn to before a notary public stating that the
newspaper is a legal newspaper. hlY nrad•-
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Ordinance No. 276
He further states on oath that the printed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed Pao
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and published therein in the English language, once each week, for uccessive weeks:
that it was first so published on ThurB the 27 day of February 18 ?5 -
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and was thereafter printed and published on every to and including ' ,_ ,,, ;
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the day of , 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to-wit:
abedefghijklmnopgrstuvwxyz
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Subscribed and sworn to before me this` 27 day o{ February 1>i 75
Notarial Seal)
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Mur el L. Quist. Not blIc, Hennepin County, Minn. 4s
MY Commission Expires July 28th, 1978 1
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