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HomeMy WebLinkAboutOrdinance - 7-93 - Amending Chapter 11, Sec. 11.45 Floodplain Regulations - 03/16/1993 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE, CHAPTER 11, SECTION 11.45 ENTITLED "FLOOD PLAINS REGULATION" THE CITY COUNCIL OF EDEN PRAIRM, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Sec. 11.45, as written is hereby repealed. Section 2. City Code Chapter 11, Sec. 11.45 shall be and hereby is amended to read as follows: SECTION 11.45. FLOOD PLAINS REGULATION. Subd. 1. Statutory Authorization, Purpose and Disclaimer. A. Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes, Sections 103 F.001-.165 and Chapter 462 delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statutes, Section 103F.165 further stipulates that communities subject to recurrent flooding must participate in the National Flood Insurance Program. B. Statement of Purpose. The City hereby finds and declares that lands adjacent and contiguous to Riley Creek, Purgatory Creek, Nine Mile Creek, Lower Minnesota River, and lakes situated within the City 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 expenditures 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 section 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 topography, and thereby to promote and protect the public health, safety, and welfare. It is also the purpose of this Section to maintain the City's eligibility in the National Flood Insurance Program. Nothing contained in this section shall be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. C. Warning of Disclaimer of Liability. This Section does not imply that areas outside of the flood plain or land uses permitted within the flood plain will be free from flooding and flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this 1 Section, the Flood Insurance Rate Map for the City of Eden Prairie, Zoning Map of the City of Eden Prairie or any administrative decisions made thereunder. Subd. 2. General Provisions. A. Adoption of Flood Insurance Rate Map. In order to comply with State and Federal law, the Flood Insurance Rate Map for the City of Eden Prairie, dated January 17, 1986, developed by the Federal Emergency Management Agency, is hereby adopted by reference. The Flood Insurance Rate Map may be used for flood insurance requirement determinations only. It must not be relied upon for information as to actual conditions, such as the non-likelihood of flooding of particular lands, since it contains inaccuracies. B. Lands to Which Section Applies. This Section shall apply to all lands within the flood plain district within the jurisdiction of the City. Subd. 3. Definitions. 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. Flood-a temporary increase in the flow or stage or a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 4. Flood Plain - the channel or bed proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by a regional flood. A flood plain shall be determined without reference to the Flood Insurance Rate Map. 5. Flood Plain District - That area encompassed within flood plains in the City. 6. 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 a regional flood discharge. 7. Obstruction-any dam, wall,wharf, embankment,levee,dike,pile, abutment,projection, excavation,dredged spoil,channel modification, culvert,building,wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in along, across, or projecting into any channel, watercourse, lake bed, or regulatory flood plain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater. 2 8. 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 magnitude of a 100-year recurrence interval. 9. Regulatory Flood Protection Elevation-The Regulatory Flood Protection Elevation shall be an elevation no lower than two feet (2') above the regional flood elevation (the crest or highest elevation of a regional flood) plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 10. Structure-anything constructed or erected on the ground or attached to the ground or on- site utilities. 11. Any term not defined in this Section shall have the meaning as defined elsewhere in this Chapter. Subd. 4. Conflict With Other Regulations And General Compliance. A. The Flood Plain District as Overlay District. The flood plain district shall be considered an overlay of other districts provided by this Chapter 11. The uses permitted in this Section shall be permitted only if not prohibited by any other provision of the Code. The conditions and limitations imposed by this Section shall be in addition to, and not in derogation of, other provisions of the Code, and where this Section is more restrictive, the provisions of this Section shall apply. B. Compliance. No structure or land within the flood plain district shall hereafter be used, placed, located, extended, converted, altered, filled or excavated except as provided in this Section. Subd. 5. Authorized And Permitted Uses. A. Authorized Uses in the Flood Plain District With a Permit. The following uses of land may be authorized in the flood plain district by obtaining a permit from the City. Such uses must comply, and may be authorized only on condition that they shall comply, with the Use and Construction Standards contained in Subd. 6 hereof. 1. Any use of land which does not involve a structure, a habitation, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, or excavation pursuant to Subd. 5. A. 3. hereof, or storage of materials or equipment. 2. Storage of materials or equipment if readily removable from the flood plain within the time available after a flood warning in accordance with a plan approved by the Council, or if not subject to major damage by floods and firmly anchored to prevent flotation, provided however, the storage of materials that are, in time of 3 flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 3. Filling or excavation pursuant to a valid permit or permits issued by the managers of a Watershed District formed pursuant to Minnesota Statutes Chapter 103 D or any similar law having jurisdiction over the flood plain and/or the Minnesota Department of Natural Resources. 4. Placement, building, or alteration of, or addition to, a structure on that portion of a flood plain which has been filled to the Regulatory Flood Protection Elevation. 5. Public Facilities and Services. 6. Railroad tracks, roads, streets, and bridges. 7. Structural works for Flood Control structures authorized by the Commissioner of the Minnesota Department of Natural Resources pursuant to the provisions of Minnesota Statutes, Chapter 105. 8. Docks, moorings,boat storage, swimming floats, ski jump storage,diving towers, buoys or markers, permitted on or in a lake or other waters pursuant to Section 11.50 of the Code. Subd. 6. Use And Construction Standards. A. Structures. 1. All structures, including accessory structures and additions to existing structures, shall be constructed so that the basement floor, or first floor if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation must be no lower than the Regulatory Flood Protection Elevation and shall extend at such elevation at least 15' beyond the limits of the structure constructed thereon. 2. Structures shall be constructed or placed to prevent flotation which may result in damage to other structures and/or restrictions of bridge openings and other narrow sections of water-courses. 3. Public facilities and services shall be flood-proofed in accordance with the Building Code, unless situated above the Regulatory Flood Protection Elevation. 4 B. Parking Lots. Parking lots may be at elevations lower than the Regulatory Flood Protection Elevation, provided however, for such facilities to be used by employees or the general public there must exist and be operating 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 a regional flood. C. Railroad tracks, roads, and bridges shall be elevated to or above the Regulatory Flood Protection Elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. D. Private On-Site Sewage Treatment and Water Supply Systems. No private on-site sewage treatment or water supply system shall be constructed within a flood plain. E. Filling or Excavation. Fill shall be properly compacted and the slopes shall be properly protected by the use of rip-rap, vegetative cover or other acceptable method. A slope shall not be steeper than one(1) foot vertical elevation for each three(3) feet of the slope measured horizontally. F. All Uses. 1. Uses that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation to lands outside of the flood plain shall not be permitted unless granted a variance in accordance with this Chapter. Such a variance, shall limit the period of use or occupancy of the use and may be only granted after a determination that adequate flood warning time and local emergency response and recovery procedures exist. 2. No use shall result in the pollution of, or detriment to, surface or ground water. 3. No use shall result in an obstruction to, or be incompatible with, preservation of those natural land forms, vegetation and adjacent marshes and wet areas contiguous to watercourses in the City which are principal factors in the maintenance of constant rates of water flow. 4. No use shall be permitted which results in development of land or water areas reasonably necessary to temporary withholding 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. 5. Service facilities such as electrical and heating equipment shall be installed at or above the regulatory flood protection elevation or adequately flood proofed. 5 Subd. 7. Permit Required. A. A Permit issued by the Council shall be secured prior to the construction, addition, or alteration of any building or structure; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to excavation or the placement of an obstruction within the flood plain district. B. Upon receipt of an application for a permit within the flood plain district, the City shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified registered engineer specifying the nature of the development and whether the proposed use is located in the Flood Plain and the Regulatory Flood Protection Elevation for the site. Procedures consistent with Minnesota Rules 1983 Parts 6120.5600 (Technical Standards and Requirements For Flood Plain Evaluation) and 6120.5700 (Minimum Flood Plain Management Standards For Local Zoning Ordinances) shall be followed during the technical evaluation and review of the development proposal. C. When filing the application, the applicant shall pay non-refundable fees in amounts which have been determined by the Council and fixed by resolution. A copy of such resolution shall be kept on file in the office of the City Clerk-Treasurer and uniformly enforced. D. The City shall submit one copy of all information required by Subd. 7. A. of this Section, for their review and recommendations, to the Department of Natural Resources' Area Hydrologist and the Watershed District having jurisdiction over the land which is the subject of the application, at least 20 days prior to the granting of a permit by the Council and to the City's Parks, Recreation and Natural Resources Commission and Planning Commission prior to the granting of a permit by the Council. The City shall notify the respective Department of Natural Resources' Area Hydrologist within ten (10) days after a permit is issued. Subd. 8. Certification of Floor Elevations. The applicant shall submit a certification by a registered professional engineer, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. The Director of Inspections shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the flood plain district. Subd. 9. Severability. If any subdivision, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected thereby. 6 Section 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of March, 1993 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of April, 1993. ATTEST: � I^OA,l Ci ler Mayor PUBLISHED in the Eden Prairie News on the "APR IS 7 FLOOD PLAINS REGULATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.45 ENTITLED "FLOOD PLAINS REGULATION". THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance amends City Code Chapter 11, Section 11.45 relating to Flood Plains Regulation. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on F1 (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing FLOOD PLAINS REGULATION State of Minnesota ) CITY OF EDEN PRAIRIE )SS. HENNEPIN COUNTY,MINNESOTA County of Hennepin ) ORDINANCE NO.7-93 AN ORDINANCE OF THE CITY OF Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher EDEN PRAIRIE,MINNESOTA, of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein AMENDING CITY CODE SECTION stated as follows- 11.45 ENTITLED"FLOOD PLAINS (A)This newspaper has complied with the requirements constituting qualification as a legal REGULATION'. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as THECTTYCOUNCILOFTHECTTY amended. OF EDEN PRAIRIE, MINNESOTA, ORDAINS: (B)The printed public notice that is attached to this Affidavit and identified as No.� Summary: This Ordinance amends was published on the date or dates and in the newspaper stated in the attached Notice,and said City Code Chapter 11, Section 11.45 Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of relating to Flood Plains Regulation. the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both Effective Date:This Ordinance shall inclusive,and is hereby acknowledged as being the kind and size of type used in the composition take effect upon publication. and publication of the Notice: (A full copy of the text of this Ordi- nance is available from City Clerk.) abcdefghijklmno rst yz Is/Douglas B.Tenpas Mayor ATTEST: -N� j Isl John D.Frane By. City Clerk StNeRoffsrud, General Manager (Published in the Eden Prairie News on Thursday.April 15, 1993;No.6733) Subscribed and sworn before me on this 'day of 1993 '��' Public W RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$10.13 per column inch Maximum rate allowed by law for the above matter ..........................$10.13 per column inch Rate actually charged for the above matter.......................................... $6.49 per column inch