1e.Zoning Ordinance to revise article V, Flood Plain overlay dist. 0 1e .
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C I TY OF ______
1 CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900 • FAX (612) 937-5739
II MEMORANDUM . V b )
Planning Commission *'mil..et j
ITO:
FROM: Jo Ann Olsen, Senior Planner
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1 DATE: February 1, 1991 -'
SUBJ: Update of Flood Plain Ordinance
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On October 13, 1989, Planning and Engineering staff met with Ceil
Strauss and Judy Boudreau from the DNR to discuss flood plain
management in the City of Chanhassen. The meeting was conducted by
1 the DNR on behalf of the Federal Emergency Management Agency (FEMA)
in consideration of Chanhassen's continued participation in the
National Flood Insurance Program (NFIP) . Chanhassen's Flood Plain
1 Ordinance is non-compliant due to 1986 changes to federal
requirements of the NFIP. The representatives from the DNR
provided staff with a copy of a model ordinance that they recommend
I the city adopt since it is compliant with all state and federal
flood plain regulations. The city has the right to amend the
existing ordinance, but this would have to be reviewed by the DNR
to ensure that there are no omissions. State regulations allows 6
1 months for the city to amend the flood plain ordinance and federal
regulations only allow 90 days for amendments to non-compliant
ordinances. The deadline for the ordinance occurred on January 10,
1 1990. The ordinance must be amended to avoid any possible
sanctions imposed by FEMA. State law also requires that the
proposed local ordinance be reviewed and approved by the DNR 30
days prior to adoption.
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Although a year late, staff has provided an amendment to the flood
plain ordinance which includes some of the more significant changes
1 felt to be necessary by the DNR. The major changes of the
amendment are as follows:
I 1. The definition of "basement" was expanded to include all below
grade areas enclosed on all four sides.
2 . Provisions were included to regulate the placement of travel
1 trailers and travel vehicles.
3 . Changes were made in the application of wet or dry
1 floodproofing techniques for accessory structures and
substantial improvement to primary structures.
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Flood Plain Ordinance
February 1, 1991
Page 2
4 . Changes were made requiring replacement manufactured homes to
be properly elevated and anchored.
5. Changes were made to incorporate specific enforcement
procedures for dealing with ordinance violations.
From the meeting with City Staff and DNR, it became apparent that
the city does not have the forms and procedures for recording,
inspecting and certifying elevations of the lowest floor permitted
' structures. The DNR provided sample forms which can be used in
their entirety or in part as needed. The forms are useful in that
once the proper flood protection elevation has been determined for
' a particular site, that elevation can be specified on the building
permit. After the structure is built, the as-built elevation
should be certified in accordance with the city's ordinance before
a certificate of occupancy has been issued. This system for
certifying elevations of the lowest floor of permitted structures
will be implemented by the Building Department.
It was also determined that there is an existing flood boundary
located in the Chanhassen Lakes 5th Addition development adjacent
to Riley Creek. As a result, there is a possibility of fill in the
vicinity of Park Place which has encroached in the floodway which
would have normally required a conditional use permit in accordance
with Section 4.2 of the City's Flood Plain Management Ordinance.
Before allowing any further development in the vicinity, the city
must analyze the fill impact to determine whether this portion of
the floodway can be filled without increasing potential flood
damages or stages. If such can be determined, the city may request
' a letter of map revision (LOMR) from FEMA. The city can request
assistance from the Watershed District Engineer and from the DNR
for guidance. Staff is meeting with Judy Boudreau from the DNR to
initiate the process to determine whether there has been an
increase in potential flood damages and to initiate a revised map.
The proposed revisions are in bold. Staff is comfortable that the
' proposed amendments do not significantly change our enforcement of
the ordinance other than stronger requirements for building permit
applications.
RECOMMENDATION
Staff recommends the Planning Commission adopt the following
motion:
"The Planning Commission recommends adopting the following
amendments to the Flood Plain Overlay District as shown in
Attachment #1. "
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Flood Plain Ordinance
February 1, 1991
Page 3
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PLANNING COMMISSION UPDATE
On February 6, 1991, the Planning Commission unanimously approved
staff's recommendation to amend Article V of the City Code, Flood
Plain Overlay District.
CITY COUNCIL RECOMMENDATION 1
Staff recommends the City Council adopt the following motion:
"The
The City Council adopts the amendments to the Flood Plain
Overlay District as shown in Attachment #1".
ATTACHMENTS ,
1. Proposed changes to ordinance.
2. Planning_ Commission Minutes dated February 6, 1991.
3 . Letter from DNR dated January 3, 1991.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
' AN ORDINANCE AMENDING ARTICLE II, ADMINISTRATION AND ENFORCEMENT
Sec. 18.39. Preliminary Plat.
Add the following under (f) :
(8) 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 this ordinance have road access both 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 labeled on all required
subdivision drawings and platting documents.
Sec. 18-40. Same - Data Required.
Changed and add the following under (4) Supplementary
information:
Change existing (1) to (m) and add the following: •
(1) Establish 100 year elevation, Floodway and Flood Fringe
District boundaries and regulatory flood protection
elevation for the subdivision site.
Sec. 19-81. Discharges.
Add the following:
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
1 discharged from the systems into flood waters and they shall
not be subject to impairment or contamination during times of
flooding. Any sewage treatment bystem designed in accordance
' with the State's current statewide standards for on-site
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sewage treatment systems shall be determined to be in
compliance with this Section.
Sec. 20-1. Definitions.
Add the following: '
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.
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 11 comprehensive land use plan if one exists and are compatible
with the existing neighborhood.
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.
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. I
Flood Frequency - the frequency for which it is expected that
a specific flood stage or discharge may be equalled or
exceeded.
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.
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.
Principal Use or Structure - means all uses or structures that
are not accessory uses or structures.
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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.
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.
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.
Sec. 20-27. Revocation, modification, etc. , of permits,
authorizations, etc.
i (a) 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.
(b) 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
i 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.
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(c) 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. '
Sec. 20-29. Variances generally and appeals.
(b) Add to paragraph: ,
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. '
(c) Add to paragraph:
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.
(g) 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 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. A community shall maintain a record of all
variance actions, including justification for their
issuance, and report such variances issued in its annual
or bi-annual report submitted to the Administrator of the
National Flood Insurance Program.
Sec. 20-44. Planning commission action.
Add to paragraph: If the action involves floodplain property,
a notice of the decision will be mailed to the Department of
Natural Resources. '
Add Section 20-46. Floodplain.
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
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lands outside the flood plain. Special exceptions to this rule may
11 be permitted by the Commissioner of Natural Resources if he
determines that, through other measures, lands are adequately
protected for the intended use.
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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.
Sec. 20-56. Generally.
' Add to paragraph: 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.
Sec. 20-71. Nonconforming buildings and uses.
Add to paragraph: 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.
Sec. 20-73. Discontinuance.
' Add to paragraph: 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
I Zoning Administrator in writing of instances of nonconforming uses
which have been discontinued for a period of 12 months.
Sec. 20-74. Alterations.
Add the following paragraph:
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' (c) In the flood plain 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
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calculated into today's current cost which will include I
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 V, Division 3 and 4, for new
structures depending upon whether the structure is in the
Floodway or Flood Fringe, respectively.
Sec. 20-91. Building Permits. ,
Amend as, follows:
(a) No person shall erect, construct, alter, enlarge, repair, 1
move or remove, any building or structure or part
thereof, and prior to the placement of fill, excavation
of materials or the storage of materials or equipment
within the floodplain without first securing a building
permit.
Add the following to (b) : ,
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State and Federal Permits. Prior to granting a Permit or ;
processing an application fora Conditional Use Permit or
Variance, the Zoning Administrator shall determine that
the applicant has obtained all necessary State and
Federal Permits.
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Add the following:
(d) 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.
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 existing
structures in the flood plain. The Zoning Administrator
shall also maintain a record of the elevation to which
structures or and alterations additions to structures are
flood-proofed. I
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Sec. 20-231. Application, public hearing, notice and procedure.
11 Add the following to the paragraph:
11 The city 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 days notice of the hearing.
Sec. 20-233. Conditions imposable on permits.
Add the following to (a) :
(7) Modification of waste treatment and water supply
' facilities.
(8) Limitations on period of use, occupancy, and operation.
(9) Imposition of operational controls, sureties, and deed
restrictions.
Sec. 20-326. Purpose.
.Change the last line in the paragraph to read as follows:
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". . . This district is created and applied in accordance
with Minnesota Statutes Chapters 103 F 001-165.
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DIVISION 2. GENERAL FLOOD PLAIN DISTRICT I
Sec. 20-346. Scope.
This division applies--to the General Flood Plain District.
Sec. 20-347. Territorial applicability. i
The General Flood Plain District includes the entire flood
plain and does not differentiate between those areas which are
floodway and those areas which are flood fringe. Because of this,
the city shall determine whether the proposed use is in the
floodway or flood fringe using procedures established in division
3 of this article and therefore whether it is allowed or
prohibited.
Section 20-348. Permitted uses.
Permitted uses shall include those uses as permitted by
section 20-366. Manufactured homes and travel trailers/vehicles
are prohibited in the general flood plain district. I
Sec. 20-349. Public utilities.
All public utilities and facilities such as gas, electrical, 11
sewer and water supply systems to be located in a flood plain shall
be flood-proofed in accordance with the state building code or
elevated above the regulatory flood protection elevation.
Sec. 20-350. Public transportation facilities.
Railroad tracks, road and bridges to be located within the '
Floodway District shall comply with Section 20-366 and 20-376.
Elevation to the regulatory flood protection elevation shall be
provided where failure or interruption of these transportation
facilities would result in danger to the public 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 safety.
Sec. 20-351. Conditional use permits. I
(a) A conditional use permit issued by the city council in
conformity with the provisions of this chapter shall be secured
prior to the erection, addition or alteration of any building,
structure or land; prior to the change of a nonconforming use; and
prior to the placement of fill or excavation or materials within
the flood plan.
(b) 6.21 Upon receipt of an application for a Conditional Use
Permit for a use within the General Flood Plain District, the
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applicant shall be required to furnish such of the following
information as is deemed necessary by the City for the
determination of the Regulatory Flood Protection Elevation and
whether the proposed use is within the Floodway or Flood Fringe
IDistrict. E
(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 elevations of streets; photographs 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 development.
(c) Specifications for building construction and materials,
flood-proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
' Sec. 20-352. Certificate of zoning compliance.
It shall be unlawful to use, occupy or permit the use or
occupancy of any building until a certificate of zoning compliance
shall have been issued by the city stating that the use of the
building of land conforms to the requirements of this chapter.
' Section 20-353. Construction and use to be as provided in
applications, plans, permits, and certificate of
zoning compliance.
Conditional use permits or certificates of zoning compliance
issued on the basis of approved plans and applications shall
authorize only the use, arrangement and construction set forth in
I such approved plans and applications and no other use, arrangement
or construction shall be permitted. Any use, arrangement or
construction at variance with that authorized shall be deemed
violation of this article. The applicant shall submit
certification by a registered land surveyor that the finished fill
and building elevations were completed in compliance with the
provisions of this chapter. Flood proofing measures shall be
' certified by a registered professional engineer or registered
architect. The registered professional engineer or registered
architect shall evaluate the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to the use,
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the adequacy of the plans for protection, and other technical
matters. Based upon the technical evaluation of the designated
engineer opt expert, the City shall determine the specific flood
hazard at the site and evaluate the suitability of the proposed use
in relation to the flood hazard.
Sec. 20-354-20-365. Reserved. i
DIVISION 3. FLOODWAY DISTRICT (FW)
Sec. 20-366. Permitted uses.
The following uses have a low flood damage potential, no
increase in flood elevation and do not obstruct flood flows. These
uses shall be permitted within the Floodway District to the extent
that they are not prohibited by any other ordinance or watershed
district regulations and provided they do not require structures,
fill, or storage .of materials or equipment. In addition, no use
within a floodway district shall be permitted to adversely affect
the capacity of the channels or floodways or any tributary to the
mainstream or of any drainage ditch, or any other drainage facility
or system:
(1) Agricultural uses such as general farming, pasture, ,
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming and wild crop harvesting.
(2) Industrial-commercial uses such as loading areas, parking
areas and airport landing strips.
(3) Private and public recreational uses such as golf
courses, tennis courts, driving ranges, archery ranges,
picnic grounds, boat launching ramps, swimming areas, 11 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) Residential uses such as lawns, gardens, parking areas
and play areas. 1
(5) Manufactured homes, travel trailers/vehicles are
prohibited in the floodway district. i
Sec. 20-367. Conditional uses.
The following open space uses require accessory structures or
fill or storage of materials or equipment. These uses may be
permitted in the Floodway District only after the issuance of a
conditional use permit as provided in 20-351: 1
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(1) 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.
(2) Structures accessory to open space uses, provided:
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; 'provided:
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.
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(3) Placement of Fill; provided:
a. Any fill deposited in the floodway shall be no more
than the minimum necessary for use. Generally,
fill shall be limited to that needed to grade or
landscape for that use and shall not in any way
obstruct the flow of flood waters. I
b. Spoil from dredging or sand and gravel operations
shall not be deposited in the floodway unless a
long-term site development plan is submitted which
includes an erosion/sedimentation prevention
element to the plan.
c. Fill shall be protected from erosion by vegetative
cover, mulching, riprap or other acceptable method.
(4) Storage of materials and equipment; provided: 1
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.
IFb. 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. .
(5) Levees, dikes, and floodwalls shall not be constructed I
with the limits of the Floodway district. Other
structural works for flood control such as dams and
channel enlargements that will change the course, current
or cross-section of a public water shall be subject to
the provisions of Minnesota Statutes chapter 105.
Community wide structural works for flood control
intended to remove areas from the regulatory flood plain
shall not be allowed in the floodway.
Secs. 20-368-20-375. Reserved. 1
DIVISION 4. FLOOD FRINGE DISTRICT (FF)
Sec. 20-376. Scope.
This division applies to the Flood Fringe (FF) District.
Sec. 20-377. Permitted uses.
(a) The following uses shall be permitted within the Flood I
Fringe District to the extent that they are not
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regulation:
1 (1) Any use permitted in section 20-366.
(2) Structures accessory to a permitted use.
(3) Residences and other structures constructed on fill
so that the basement floor or first floor, if there
is no basement, is at or above the'regulatory flood
protection elevation. The fished fill elevation
shall be no lower than one (1) foot below the
regulatory flood protection elevation and shall
extend at such elevation at least fifteen (15) feet
beyond the limits of any structure or building
erected thereon. Fill shall be compacted and the
slopes shall be protected by riprap or vegetative
covering.
(b) No use shall be permitted which will adversely affect the
capacity of the channels or floodways of any tributary to
the main stream, or of any drainage ditch or any other
drainage facility or system.
(c) Manufactured homes and travel trailers/vehicles are
prohibited in the Flood Fringe District.
Sec. 20-377.1 Conditional uses.
Uses that are not permitted or prohibited uses are permitted
only upon the issuance of a conditional use permit subject to the
following conditions:
(1) Residences. Where existing streets, utilities and small
lot sizes preclude the use of fill, other methods of
elevating the first floor (including basements) above the
regulatory flood protection elevation may be authorized,
provided that the residence is flood-proofed in
accordance with the Uniform Building Code as adopted and
amended by the city. 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
11 structure's basement or lowest floor if: 1) the enclosed
area is above-grade on at least one side of the
structure; 2) is designed to internally flood and is
constructed with flood resistant materials; and 3) is
used solely for parking of vehicles, building access or
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to e. The above-noted alternative elevation methods
rag ds
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 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.
b. Specific Standards for Above-grade, Enclosed Areas i
- 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.
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. I
(2) Residential basements. Residential basements below the
flood protection elevation may be authorized if they are
flood-proofed to FP-1 classification in accordance with
the Uniform Building Code as adopted and amended by the
city. Residential basement construction shall not be
allowed below the regulatory flood protection elevation. '
(3) Nonresidential structures. Commercial, manufacturing and
industrial structures shall ordinarily be elevated on
fill so that their first floor (including basement) is
above the regulatory flood protection elevation but may
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IIin special circumstances be dry flood-proofed in
accordance with the state building code. Structures that
are not elevated to above the regulatory flood protection
II elevation shall be dry flood-proofed to FP-1 or FP-2
classification as defined by the Uniform Building Code as
adopted and amended by the city and this shall require
II 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
II effects of buoyancy. Structures flood proofed to the
FP-3 or FP-4 classification shall not be permitted.
. Structures flood-proofed to FP-3 or FP-4 classification
II shall not be permitted. The cumulative placement of fill
where at any one time in excess of one-thousand (1,000)
II 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. The
storage of any materials or equipment shall be elevated
IIon fill to the Regulatory Flood Protection Elevation.
(4) As an alternative to elevation on fill, accessory
II 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
II accordance with Section 20-367 (1) . -
(5) Fill shall be properly compacted and the slopes shall be
properly protected by the use of riprap, vegetative cover
II or other acceptable method. The Federal Emergency
Management Agency (FEMA) has established criteria for
removing the special flood hazard area designation for
II 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
II developments. These standards should be investigated
prior to the initiation of site preparation if a change
of special flood hazard area designation will be
IIrequested.
Sec. 20-378. Residential uses.
11 Residences that do not have vehicular access at or above an
elevation not more than two (2) feet below the regulatory flood
protection elevation shall not be permitted unless granted a
I variance. In granting a variance the city shall specify
limitations on the period of use or occupancy of the residence. If
a variance to this requirement is granted, the Board of Adjustment
I must specify limitations on the period of use or occupancy of the
structure for times of flooding and only after determining that
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adequate flood warning time and local flood emergency response
procedures exist.
Sec. 20-379. Commercial uses. I
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 inundate to a depth greater than
two (2) feet or be subject to flood velocities greater than four
(4) feet per second upon occurrence of the regional flood.
Sec. 20-380. 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 forth
above. In considering permit applications, due consideration shall
be given to needs of an industry who business requires that it be
located flood plain areas.
Sec. 20-381 20 400. Reserved.
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11 • Planning Commission Meeting
February 6 , 1991 - Page 38
point . I mean I think we 've cleaned that up .
Olsen: They 're very strict . They would really have to . . .
•
Emmings: I know some of the people on there would be but I think Ladd 's
thinking of maybe of a different 3 people next week . Whatever , next year .
Conrad: I think we 've got to go along with it.
rOlsen: I think that technically we have always taken. . .another variance . I
think it 's just kind of. . .to what we can 'usually do . . . .amending that whole
wetland ordinance .
' Emmings : Do you have a motion?
Ahrens: I move that the Planning Commission recommend approval of the
Zoning Ordinance Amendment by replacing section 20-406 with the following
language , as written here except for the first sentence which shall be
changed as follows: Variances from this section , not required to be
reviewed by the Planning Commission, shall be reviewed by the Board of
Adjustments and Appeals. . .
•
Emmings: Sure . Is there a second?
Conrad: Second .
Emmings: Any discussion?
Ahrens moved, Conrad seconded that the Planning Commission recommend
approval of Zoning Ordinance Amendment by replacing Section 20-406 with the
following language:
"A variance from this section , not required to be reviewed by the
Planning Commission, shall be reviewed by the Board of Adjustments and
Appeals . The Board shall be empowered to decide appeals and grant
variances only when the decision of the Board is by unanimous vote . -
The simple majority vote or split vote by the Board shall serve only as
a recommendation to the City Council , who shall then make the final
determination on the appeal or variance request. The variance process
shall follow the guidelines set in Section 20-29 and 20-56 of the City
Code .
All voted in favor and the motion carried unanimously.
ZONING ORDINANCE AMENDMENT TO REVISE ARTICLE V. FLOOD PLAIN OVERLAY
DISTRICT. ,
Jo Ann Olsen presented the staff report on this item. Chairman Emmings
called the public hearing to order .
Erhart moved, Ellson seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
° PiT T is f=f tl,c0-1 It a_
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Planning Commission Meeting
February 6 , 1991 - Page 39 1
Emmings: Does anybody have any questions or comments on this? I guess
I 've got one thing . It says that in one section it says that the flood
plain designation on the official zoning map. Is there? I just wasn't
sure . Are there floodplains on the zoning map?
Olsen: No, it 's the. . .map. Do you know where that is?
Emmings: It 's on the bottom of page 4 . It says , Add Section 20-46 .
Floodplain .
Olsen: I 'll check on that one because we 're just adding words from what 11
they're requiring .
Emmings: But I 'm wondering if it shouldn 't be on our zoning map.
Olsen: It doesn 't show up.
Krauss: Have you ever seen the FEMA maps? There 's a series of panels and
it 's about 6 maps that cover Chanhassen and they give a flood elevation for
a major event and then a flood fringe area . I don't know that it 's
information we can accurately protray on our plan.
Emmings: Okay , it 's :an overlay. That 's why it's an overlay . Does that
map show all of the land in Chanhassen which would be subject to?
Krauss: Well no, it doesn't . It shows major tributaries and lakes and the ll
river that is subject to flooding but if you have -a wetland in your back
yard that tops out , it 's not going to be on that map. I
Olsen: It just shows the floodplain. . .
, Emmings: Would the wetland in my back yard that fills up and causes I
problems be something that falls under this floodplain ordinance?
Krauss: No. Which is why you want to tie this into the FEMA. We are
going to get into that issue though. I mean the one that you 're raising . II
With the Surface Water Utility Program we 're going to do a comprehensive,
one of the elements is a comprehensive storm water management plan. That �.
is. going to be setting flood elevations for all these little potholes and
wetlands and sumps that we have around town. Then we are going to enforce
our regs to make sure that the lowest elevation of any house is at least 2
foot above the anticipated flood. I know that Councilman Mason is here and ll
we 've been talking about a property in his neighborhood that appears to
have a flooding problem that somebody wants to build a home on. It 's not
anywhere near a designated FEMA flood zone and we don't have any
information on what the flood elevation is on this because it 's locally
generated information.
Emmings: What do we do when just a subdivision comes in that's got some ,
low spots? What do we do to make sure we 're not going to be building
houses on lots that are later going to have flooding problems?
Krauss: Well that 's, and Charles can explain some of that but basically well
get an overall drainage plan and we figure to a 10 year storm I believe .
I
Planning Commission Meeting
February 6 , 1991 - Page 40
Olsen: 100 year .
II - Krauss: 100 year event .
Folch: 100 year event.
Krauss: And we project what the flood situation is going to be on that
particular property.
Emmings: One thing it said that on the first page it says the major
changes of the amendment and then number 4 at the top says changes were
made requiring replacement manufactured homes to be properly elevated and
anchored and then all the way through here it seems like manufactured homes
are prohibited.
Olsen: Right . ,That 's one of the general items of the proposed amendments
that they were giving to us. . .
Emmings: Oh, okay . I see . Anybody got anything else? If there 's no more
discussion , is there a motion?
Erhart: I 'll move that the Planning Commission recommend adopting the
following amendments to the Flood' Plain Overlay District as shown in
Attachment #1 .
Emmings: Alright , is there a second?
Ahrens: Second.
IEmmings: Any discussion?
Erhart moved, Ahrens seconded that the Planning Commission recommend to
11 adopt the following amendments to the Flood Plain Overlay District as shown
in Attachment #1 . All voted in favor and the motion carried unanimously.
Emmings: Total unanimity . It's really kind of sickening . Okay , I 'm
voting against the next thing no matter what it is.
•
11 ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-29(D) CHANGING THE FILING OF
AN APPEAL TO THE BOARD OF ADJUSTMENT'S DECISION FROM 10 DAYS TO 4 DAYS.
11 Emmings: This has recently been before us. I don't think we need a staff
report on this. This isn't a public hearing is it?
Krauss: No , you've already held that .
Emmings: Alright. I knew that. So let's see, does anybody have anything
to say about this?
i Conrad: Is there a way we can make, how do you get the word out during the
process that there 's a 4 day, that you only have 4 days versus 10 to
II appeal? Or just simply a 4 day. No, I 'm not trying to communicate to the
City that we 've changed things but during the night of an appeal , or night
of where something came in and somebody wants to appeal , is it part of,
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2STATE OF �
I U��nn V M EE Z Olin `' �� .
2990
DEPARTMENT OF NATURAL RESOURCES I
DNR INFORMATION 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155.40
(612)296.6157 1
January 3, 1991 = y
JAN 0 4 1931
C17t Vt
JoAnn Olsen, Senior Planner
City of Chanhassen
690 Coulter Dr. , P.O. Box 147
Chanhassen, MN 55317
Dear Ms. Olsen:
STATE APPROVAL OF DRAFT FLOODPLAIN ORDINANCE REVISIONS
The Department of Natural Resources has completed its review of the draft
ordinance revisions the City of Chanhassen is considering for adoption. The
ordinance was entitled Flood Plain Ordinance.
On behalf of the Commissioner of Natural Resources, I am pleased to inform you I
that the draft ordinance has been found to be in compliance with "Statewide'
Standards and Criteria for Management of Floodplain Areas of Minnesota,"
Minnesota Regulations, Parts 6120.5000 to 6120.6200. Therefore, in accordance
with Minnesota Statutes, Section 103F, I hereby conditionally certify state
approval of the above cited draft ordinance revisions.
This approval is valid upon receipt of three (3) certified, signed copies of the 1
adopted version and a completed copy of the Ordinance Certification Checklist
(attached) by Area Hydrologist Ceil Strauss located at the following address:
DNR-Division of Waters
1200 Warner Road
St. Paul , MN 55106
(612) 772-7914
Any changes of the subject draft ordinance prior to adoption must be approved by
this agency prior to adoption before they can be considered valid. Also be
advised that any future amendments of this ordinance or change in the
designation of flood prone areas requires prior approval of the Commissioner.
Note that you are required to send copies of hearing notices and final decisions
relating to variances and conditional use permits relating to this ordinance to
the Department. Please send these directly to Area Hydrologist Ceil Strauss
and rely on her for assistance in administering your ordinance.
AN EQUAL OPPORTUNITY EMPLOYER II
II *
1
Page Two
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Since your administration of a floodplain zoning ordinance is a pre-requisite of
your eligibility in the National Flood Insurance Program, a certified copy of
the adopted ordinance will be sent by this office to the Federal Emergency
Management Agency.
Your cooperation and initiative in providing for the reduction in flood damage -
through the administration of this ordinance is greatly appreciated.
Sincerely,
DIVISION $ WATERS
Ronald D. .r ack, Administrator
Permits and Land Use Section
RH/BA:fw •
cc: John Stine, Regional Hydrologist
Ceil Strauss, Area Hydrologist
Terry Reuss-Birman, FEMA
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Soh d c0 f y O F co,r1et-eS c4eck/iSf`
6--"'e c\_ ifyol/'G165rsr-:
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ORDINANCE CERTIFICATION CHECKLIST
• Please sign and return the checklist and all required documents to the DOW area 1
hydrologist's office when completed.
1. Date of published hearing notice. I
2. Date of postmark of hearing notice to
Commissioner of the Department of
Natural Resources/area hydrologist.
3. Date of hearing(s).
4. Date of ordinance adoption. 1
5. If ordinance is published in entirety,
date and affidavit of newspaper
publication of'adopted ordinance.
(Include 3 copies.)
6. If only ordinance summary published,
date and affidavit of newspaper
publication of ordinance title and
summary along with certified copy of
adopted ordinance in its entirety and
zoning map from Clerk/Auditor. (Include
3 copies.)
7. Date of official filing of adopted
ordinance with County Recorder
( record book number
page number).
8. Board of Adjustment/Appeals has been
established.
*Note: Cities under charter must also submit a list of any additional requirements
for hearings, notices etc. stated in their charter. Please specify: I
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Signature of Clerk/Auditor 1
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STATE OF C
I IMSO � , '
DEPARTMENT OF NATURAL RESOURCES
v
IDNR INFORMATION 500 LWAYETTE ROAD • ST. PAUL, MINNESOTA • 55155.40
(612)296-6157
I
November 3, 1989 RECEIVED
NOV30
II
1990
The Honorable Tom Hamilton CITY
II Mayor, City of Chanhassen QN MANHASS��
690 Coulter Dr.
Chanhassen, MN 55317
11 Dear Mayor Hamilton:
NATIONAL FLOOD INSURANCE PROGRAM, COMMUNITY ASSESSMENT VISIT
IIThank you for the time that Paul Krauss, JoAnn Olsen, Dave Hempel
and Sharmin Al-Jeff spent with Ceil Strauss and Judy Boudreau on
II October 13, 1989 to discuss flood plain management in the City of
Chanhassen. The meeting was conducted by our staff on behalf of -
the Federal Emergency Management Agency (FEMA) in consideration
of your county's continued participation in the National Flood
IIInsurance Program (NFIP) .
During the course of the meeting, several topics were discussed,
I three of which require follow-up action by the City as described
below:
II Your Floodplain ordinance is non-compliant due to 1986
changes to federal requirements of the NFIP. A copy of the
model ordinance was provided to Ms. Olsen and Mr. Krauss for
their use. We strongly recommend that you adopt this model
II since it is compliant with all state and federal floodplain
regulations. If the City prefers to amend the existing
ordinance we would have to review it more closely to be sure
II there are no omissions. Area Hydrologist Ceil Strauss is
available to assist the City in this process. Although
state regulations allow 6 months to amend your ordinance,
federal regulations only allow 90 days for amendments to
II non-compliant ordinances. This deadline will occur on
January 10, 1990. It is suggested that you attempt to meet
the federal deadline in order to avoid any possible sanc-
II tions 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 Ms. Strauss by December 11, 1989.
II
AN EOUAL OPPORTUNITY EMPLOYER
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Mayor Tom Hamilton
Page 2
Second, from our discussion, it became apparent that the I
City does not have the forms and procedures for recording,
inspecting and certifying elevations of the lowest floor of
permitted structures. During the meeting we provided sample
forms which can be used in their entirety or in part, as
needed. They are helpful in that, once the proper flood
protection elevation has been determined for a particular
site, that elevation can be specified on the building
permit. After the structure is built, the as-built
• elevation should be certified in accordance with your
ordinance before a certificate of occupancy or zoning
compliance is issued. Please have this system, or one
similar to it, implemented by January 10, 1990.
Finally, we discovered that City Staff did not reference the
Flood Boundary and Floodway Map (FBFW) for the ChanLakes 5th
Addition development adjacent Riley Creek. The resultant
fill in the vicinity of Park Place (see attached sketch) has
encroached in the floodway, and a conditional use permit
should have been required in accordance with Section 4.2 of
your Flood Plain Management Ordinance (No. 68) . Further,
your standards for Floodway Conditional Uses (Section 4.32) IF
state that "any fill deposited in the floodway shall be no
more than the minimum amount necessary to conduct a
Conditional Use listed in Section 4.2. [e.g. open space
uses, gravel extraction, railroad and storage yards,
etc. ] . ". The major difficulties are that the fill impact is
unknown, and that, according to your ordinance, this
particular section of fill may only be developed as
indicated above.
•
A mechanism exists to remedy this situation. From our I
observation, the area filled does not appear to be necessary
for conveyance of the 100-year flood discharge. In
addition, the Riley-Purgatory-Bluff Creek Watershed District
apparently did not feel that the filling was detrimental to
other development in the vicinity. Before allowing any
further industrial, commercial or office development of this
site, however, it is essential to analyze the fill impacts.
If, as suspected, this portion of the floodway can be filled
without increasing potential flood damages or stages, the
City would then request a Letter of Map Revision (LOMR) from
FEMA. We recommend that the City request assistance from
the watershed district engineer in this process. DNR is
available for guidance as well. In that the developer's
intent is to develop this site in the near future, we
recommend that the City start this process immediately, with
a submittal to FEMA by February 2, 1990. (Enclosed with the
Staff copy of this letter is a publication by FEMA which is
a guide for requesting map amendments. )
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Mayor Tom Hamilton
Page 3
We are confident that the floodway fill was an unintended
exclusion in the City's normal review process, and are willing to
assist in resolving the issue. In addition, because your staff
indicated an interest, we are including with their copy of this
letter, information about a zoning software package developed and
currently being tested by DNR. Training for use of the software
will be incorporated into the Shoreland training sessions in the
near future.
In closing, we are pleased that the City staff is anxious to
' resolve the floodway fill issue, and that the City in general is
concerned about floodplain management issues and ordinance
implementation. Should you have any questions relating to
routine floodplain management they should be directed to Ms. Ceil
Strauss at (612) 296-7523. If you or your staff have any
questions regarding this assessment please contact Judy Boudreau
at (612) 296-9224.
Sincerely,
e Gibson, Supervisor
Floodplain Management Program
JG/JB
cc: Terry Reuss-Birman, FEMA
Ceil Strauss, Area Hydrologist
John Linc Stine., Regional Hydrologist
Paul Krauss, Planning Director (w/ enclosures)
JoAnn Olsen, Sr. Planner
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New r r r:,.- rtt t=, nity will be expected to adopt a new that no new flood insurance studies will I
mandate cilanes to ordinance or amend its existing ordi- be done in Minnesota. Our funding for
nance to become compliant with the technical analysis work will be shifted
:v.;:_ LVNJtliV:.. new regulations. State law allows a toe emphasize re-studies and mapping
� PP� 8
ordinances community six months to amend its changes on existing studies.
ordinance but federal-laws only allow "More emphasis'will be placed on
by Joe Gibson, DNR three months so it is a good idea to community compliance than we have in
In July, 1988 the Federal Emergency amend the zoning ordinance as rapidly the past,"Norb continued, "This means '
Management Agency and the Minne- as feasible to avoid possible federal more community assessment visits
sota Department of Natural Resources sanctions. (CAV's)and more effort on follow-up to
completed negotiations that will require About 30 counties and cities cur- ensure that any ordinance administration 1
most counties and cities in Minnesota rently are in the process of adopting deficiencies are corrected."
to revise their floodplain zoning ordi- the new, compliant language. Many are A common problem'the Division of
nances. These changes are needed to simply repealing their old ordinances Waters has noted is the failure of corn-
bring local floodplain zoning ordinances entirely and adopting the new model in munities to certify the as-built elevations I
into compliance with changes in federal its Place. on structures built in the floodplain. This
regulations which were actually effec- Since most communities revise and is a very important gage of whether a
tive in 1986. upgrade their zoning ordinances period- community is adequately administering
The negotiation process has resulted ically, we encourage any in that situa- its ordinance. When this is noted in the
in the creation of a new set of"model tion to consider upgrading their CAV process, the community is usually
floodplain ordinances" for Minnesota. floodplain ordinances at the same time. required to submit after-the-fact evi-
Below is a list of major changes that This may help reduce hearing and dence that the structure was built to the
have been included in the revised notice costs. Any community in that proper elevation. 1
model floodplain ordinances: situation should contact DNR or FEMA In the southern U.S., FEMA has
1.The definition of"basement"was and get a copy of the new model been forced to place several communi-
expanded to include all below grade ordinance that is applicable to your ties on probation for failure to certify
areas enclosed on all four sides. community. One way or another all ordinances or to correct ordinance vio- I
2. Provisions were included to regu- low government units participating in lations they were instructed to imple-
late the placement of travel trailers and the National Flood Insurance Program ment. Ultimately, if compliance is not
travel vehicles. (NFIP) will be contacted during the achieved, these communities will be I
3. Changes were made in the appli- next three years.
suspended from the NFIP.
cation of wet or dry floodproofing tech- As always, your DNR Area Hydrol- While there are many complicated
piques for accessory structures and ogist or the Floodplain Management issues related to floodplain manage-
substantial improvement to primary Program staff in St. Paul will be happy ment, local permitting officials must
structures. to provide assistance and advice in keep in mind the three most important
4. Changes were made requiring adopting or amending your ordinance. ones: elevation, elevation and ele-
replacement manufactured homes to be You can also call on these same people vation.
properly elevated and anchored. if you have questions about your flood 1. When reviewing project plans and I
5. Changes were made to iacorpo-
insurance rate maps, state or federal permit applications, you must first
rate specific enforcement procedures laws and regulations or interpretations determine what the proper flood pro-
for dealing with ordinance violations. of your local ordinance. tection elevation is for the site. I
6. Minor grammatical changes were 2. When the building
also incorporated to clarify confusing Flood insurance program issued, specify on the permit is what
'age• elevation the structure must be built
The end result of this process is that emphasis changes in to or above. This will lead to less
essentially all local floodplain zoning 1989 conflict, especially when several sub-
ordinances in the state are now non- 1989 will be marked by"New Begin- contractors may be involved in the
compliant with federal regulations.This nings" in the National Flood Insurance Project.
is a serious problem but don't panic. Program (NFIP). 3. After the structure is built, make I
The DNR has also negotiated a sched- This message was relayed to DNR certain that the as bolt elevation is
ule for revising local ordinances and staff by Norbert (Norb) Schwartz at certified in accordance with your ordi-
these revisions will occur over a three- our September coordination meeting. nance before a certificate of occupancy 1
year time period. FEMA agreed to this Norb is the Branch Chief of the Federal or zoning compliance is issued,
strategy with the hope that a more Emergency Management Agency's Do this and your community should
thorough upgrade process will be (FEMA) Region 5 Natural Hazards have very few problems with the Federal
accomplished. Branch in Chicago. Emergency Management Agency. •
How will this process affect local Norb said. "In Minnesota, all com- Reprinted with permission from
governments?If DNR or FEMA sched- munities in the Emergency Phase of Water Talk, Volume 3, Issue, Fall,
ules a Community Assistance Visit the NFIP will be converted to the 1988, Minnesota Department of Natu-
(CAV) in your community, the commu- Regular Phase. In essence this means ral Resources, Division of Waters. 1
I
EFFECTS OF NON-PARTICIPATION IN THE
I
NATIONAL FLOOD INSURANCE PROGRAM
•Flood insurance will no longer be available. Residents will not be able to purchase
a flood insurance policy. This effect is important since many private lenders are now
Irequiring flood insurance for loans they secure when the property in question is in
an identified flood hazard area. -
II •Federal grants or loans for buildings or projects are unavailable in identified flood
hazard areas. This includes all federal agencies such as HUD, FERC, the Small
Business Administration,EPA and others that may be applicable.
I •Federal disaster assistance cannot be provided in identified flood hazard areas. -
•Federal mortgage insurance will not be available for properties in the identified
Iflood hazard areas. This includes the FHA,VA,Farmers Home and others.
•Restrictions can be placed on conventional loans in non-participating communities
.' since lenders are required to:
•
Notify buyers or lessees that a property ism a flood hazard area;arid,
1 Notify buyers or lessees that property in flood hazard areas is not eligible for Federal
disaster relief when a disaster is declared
•Actuarial rates for insurance will go into effect regardless of whether or not a _
community participates in the program. Without a local floodplain ordinance,
insurance for unsafe and improper construction may be prohibitively expensive.This
I may create properties that are then unsaleable at a future date. This outcome would
be triggered by a community's re-entry into the National Flood Insurance Program -
at a later date. Some reasons a community may wish to re-enter the program are:
ILarger shares of the local mortgage market using FHA, VA or Farmers Home for loans;
_ . - A new legislative body or the change in philosophies of an existing body may recognize
Ithe value of participating in the program;
The community may desire to apply for a federal grant or loan to finance local projects;
JA major disaster may trigger the financial need for disaster assistance;and,
Changes in local political initiatives and platforms.
• 1 •The local governing body may be liable since not participating in the program:
Denies the ability of its'citizens to purchase flood and related water damage
II insurance;and,
Does not reduce the risk of life and property to flooding when authoritative scientific
and technological data exists to assist communities in managing flood prone areas. Up
• to the present time there have been no court findings or rulings addressing this aspect
of non participation.
I Reprints can be obtained from your Area Hydrologist or by contacting any floodplain management staff
at (612)296-4800. Minnesota Department of Natural Resources-Division of Waters.April,1989.
I This document partially prepared through funding provided by.
The Federal Emergency Management Agency/Community Assistance Program
1
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