2002-16
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BILL NO. 2002-16
AN ORDINANCE RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS;
AMENDING THE RICHFIELD ZONING CODE BY ADDING SECTION 538
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The Richfield Zoning Code IS amended by adding the following
Section:
Section 538 - Floodplain Management Regulations
538.01. Purpose. Subdivision 1. It is the purpose of this section to guide
and regulate the orderly development of land within the floodplain by
establishing a floodplain overlay district. The floodplain within the city of
Richfield, Minnesota is subject to periodic inundation, which adversely
affects the public health, safety, and general welfare.
Subd. 2. It is the intent of this section to promote a uniform
flooplain management program consistent with the surface water
management plan of the Minnehaha Creek Watershed District and to
maintain eligibility in the National Flood Insurance Program.
538.03. Administration. The City Council hereby designates the Director
of Public Works as the administrator of this section with the building official
having authority to evaluate construction standards (section 538.15) and
enforce violations (section 538.31).
538.05. Application and interpretation of provIsions. Subdivision 1.
Provisions of this section shall apply to the floodplain of the City, which
shall include those areas designated or otherwise defined by the City as
being within the 1 DO-year floodplain. The boundaries of the floodplain
shall be that area that could be inundated by a flood that has a one
percent chance of being equaled or exceeded in any given year. All
decisions will be based on elevations of the 1 DO-year floodplain and other
available technical data. Persons contesting the location of the floodplain
boundaries shall be given a reasonable opportunity to present their case
to the board of adjustments and appeals in accordance with the provisions
of subsection 546.03.
Subd. 2. It is not intended by this section to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However,
where this section imposes greater restrictions, the provisions of this
section shall prevail.
Subd. 3. Warning and disclaimer of liability. This regulation does
not imply that areas outside the floodplain or land uses or obstructions
permitted within the floodplain will be free from flooding or flood damages.
The City is not responsible for any flood damages that result from reliance
on this section or any administrative action lawfully taken as a result of
reliance on this section.
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538.07. Definitions. Subdivision 1. Basement. For floodplain
management purposes, any area of a structure, including crawl spaces,
having its floor or base sub-grade below ground level.
Subd. 2. Development. Any man made change to improved or
unimproved real estate including, but not limited to, buildings and other
structures, mining, dredging, filling, grading, paving, excavation or drilling
operations.
Subd. 3. Flood. A temporary increase in the flow or stage of a
stream or in the stage of a wetland or lake.
Subd. 4. Flood frequency. The frequency for which it is expected
that a specific flood stage or discharge may be equaled or exceeded.
Subd. 5. Floodplain. Floodplain is the 100 year floodplain
elevation defined as that area adjoining the bed of a wetland, lake, or the
channel of a water course that could be inundated by a flood that has a
one percent chance of being equaled or exceeded in any given year.
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Subd. 6. Flood proofing. Any combination of structural and
nonstructural additions, changes or adjustments to structures that reduce
or eliminate flood damage to real estate or improved real property, water
and sanitary facilities, structures and their contents. Flood proofing
requirements are contained in the state building code.
Subd. 7. Flood stage. Peak flood elevation of an area for a given
return frequency event.
Subd. 8. Floodway. The channel of the watercourse, the bed of
water basins, and those portions of the adjoining floodplain that are
reasonably required to carry the discharge floodwater and provide storage
during a flood.
Subd. 9. 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, water course, or regulatory
floodplain that may impede, retard, or change the direction of the flow of
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water, either in itself or by catching or collecting debris carried by such
water.
Subd. 10. Reach. A hydraulic engineering term to describe a
longitudinal segment of a drainage system influenced by a natural or man-
made obstruction. In an urban area, the segment of a drainage system
between two consecutive bridge crossings or culverts would most typically
constitute a reach.
Subd. 11. Requlatorv flood protection elevation. The regulatory
flood protection elevation shall be an elevation no lower than two feet
above the elevation of the floodplain plus any increase in flood elevation
caused by encroachments on the floodplain.
538.09. Flood insurance study. A Federal Emergency Management
Agency (FEMA) Flood Insurance Study (FIS) was completed for areas
within the city. The city is a participating member in FEMA. The city's
FEMA Study Record Number 474 is a special conversion study without a
map. This report identified the boundaries of the flood way and floodplain.
All areas within the city of Richfield are classified as Zone C coverage.
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538.11. Permitted uses in the floodplain overlav district. Any use of land
that does not involve a structure, a habitation, addition to the outside
dimensions of an existing structure, an obstruction, or the storage of
materials, supplies, so long as such use is permitted in the underlying
zoning district is permitted within the floodplain. The use must not
increase any stage of the 1 DO-year flood, cause an increase in flood
damages in the reach or reaches affected, or reduce the existing storage
capacity of the floodplain.
538.13. Floodplain uses in the floodplain overlay district. Any permitted,
accessory, or conditional use or structure allowed in the underlying zoning
district may be allowed as a floodplain use in the floodplain upon the
issuance of a special permit in accordance with the provisions of this
section. Subdivision 1. The use or structure will not cause a net decrease
in storage capacity of the floodplain. Compensatory storage will be
required if the use or structure decreases the floodplain capacity, and
Subd. 2. The use or structure will not cause high water or
aggravate flooding on other properties, and
Subd. 3. The use or structure will not restrict flood flows, or
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Subd. 4. The use is for railroads, essential government facilities,
accessory structures for public and private recreational facilities, essential
utilities, marinas, docks, other water oriented accessory structures, or
reasonable plan to reduce flooding.
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538.15. Applications for floodplain use permits. Applications for floodplain
use permits shall be made to the administrator. A fee as specified in
appendix 0 shall be charged for floodplain use permits. The application
shall be prepared by a registered engineer and shall include the following.
Subdivision 1. A report detailing the results of the computer modeling of
the impact of the proposed structure, obstruction, or use on the floodplain,
and
Subd. 2. A site plan showing property lines, work area, existing
and proposed contours of the work area, and existing and proposed
floodplain elevations, and
Subd. 3. Computation of the change in water storage capacity
resulting from the project.
538.17. Application review. The administrator shall review applications
for floodplain use permits and make a determination.
538.19. Variance. A variance to the standards outlined in this section
may be requested under city zoning code section 546.09.
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538.21. Construction standards near or in floodplain overlay district. The
building official administers this section. If a use or structure is either
permitted or a special use, the following construction standards apply.
Subdivision 1. All permanent structures, including accessory structures
and additions to existing structures shall be constructed on fill so that the
low building opening elevation shall be at least two feet above the
floodplain elevation
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Subd. 2. As an alternative to construction on fill, accessory
structures that do not exceed 500 square feet may be internally flood
proofed in accordance with FP-1 or FP-2 flood proofing classifications in
the state building code.
Subd. 3. Structures shall be constructed to prevent floatation that
may result in damage to it or other structures and/or restrictions of bridge
opening or other narrow sections of water-courses.
Subd. 4. Service facilities, such as electrical and heating
equipment, whether inside or outside of a structure, shall be installed at or
above the floodplain, or be adequately flood-proofed to avoid the facility's
damage during periods of flood.
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Subd. 5. Structural works for flood control that will change the
course, current, or cross section of protected wetlands or public waters
shall not be allowed to encroach on a floodway, and are subject to the
provisions of Minnesota Statutes, chapter 105.
Subd. 6. Parking lots must be at or above the floodplain unless it
can be demonstrated by the applicant that the lot will be used infrequently
and/or vehicles or other stored items could be moved in a short period of
time.
538.23. Utility standards. Subdivision 1. All public utilities and facilities
such as gas, electrical, sewer and water supply systems shall be designed
and constructed to minimize or eliminate flood damage.
Subd. 2. Sewer and water supply systems shall be designed and
constructed to minimize or eliminate flood damage and shall be designed
to minimize infiltration by flood waters.
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538.25. Amendments. The floodplain overlay designation shall not be
removed from a floodplain area unless it can be shown that the
designation is in error or that the area has been lawfully filled to or above
the elevation of the 1 DO-year floodplain and is contiguous to lands outside
the floodplain.
538.27. Building elevation information. The applicant shall provide to the
building official the elevation of the first floor and basement of all new
structures or additions to existing structures in the floodplain. The building
official shall maintain a record of these elevations.
538.29. Certificate of compliance. No structure in the floodplain that is
hereafter erected, altered or moved shall be occupied until the applicant
submits a certification by a registered engineer, surveyor, or architect to
the city engineer that the finished fill elevations or other flood-proofing
measures are in compliance with this section.
538.31. Penalties for violation. Subdivision 1. Violation of the provisions
of this section or failure to comply with any of its requirements shall
constitute a misdemeanor and shall be punishable as defined by law.
Subd. 2. Nothing herein contained shall prevent the city of
Richfield from taking such other lawful action as is necessary to prevent or
remedy any violation. Such actions may include but are not limited to:
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(a)
In responding to a suspected violation, the administrator
and/or building official may utilize the full array of
enforcement actions available. Richfield must act in good
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faith to enforce these official controls and to correct
violations to the extent possible so as not to jeopardize its
eligibility in the National Flood Insurance Program.
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(b) When a violation is either discovered by or brought to the
attention of the administrator or building official, the situation
shall immediately be investigated. Documentation of the
nature and extent of the violation shall be provided.
(c) The administrator shall notify the suspected party of the
requirements of this section and all other official controls and
the nature and extent of the suspected violation. If the
structure or use is under construction or development, the
administrator may order the construction or development
immediately halted until a proper permit is granted by the
City. If the construction or development is already
completed, then the administrator may either: a) issue an
order identifying the corrective actions that must be made
within a specified time period to bring the use or structure
into compliance with the official controls; or b) notify the
responsible party to apply for an after-the-fact permit within a
specified period of time not to exceed 30 days.
(d) If the responsible party does not appropriately respond to the
administrator or building official within the specified period of
time, each additional day that lapses shall constitute an
additional violation of this section and shall be prosecuted
accordingly. The administrator shall also, upon the lapse of
the specified response period, notify the landowner to
restore the land to the condition that existed prior to the
violation of this regulation.
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Sec. 2. This ordinance is effective in accordance with section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 14th day of
May, 2002.
7J?;;;;)dA U
Martin J. Kirsc~rJ1ayor
ATTEST:
'--1to~ li<1~
Nancy GibbO' City Clerk
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Gene Carr, being duly sworn on an oath states or affirms, that he is the publisher of the news-
paper known as Sun-Current , and has full knowledge of the facts stat-
ed below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331A.02, 9331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Wednesday, the ~ day of
May , 2002, and was thereafter printed and published on every Wednesday to and
including Wednesday, the _ day of
, 2002; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being
Ithe size and kind of type used in the composition and publication of the notice:
abcdefghijklmnopqrstuvwxyz 4./
BY: /' ff~
President and Publisher
Subscribed ~nd sworn\t~ or affirmed tefore me
00 'h;s ~ay of T J J1l09'1
~H~~~~J
I /..":,. MERIDEL M. HEDBLOM I '
;':": ~ ~ NOTAR'I PUBLIC.MINNESOTA
\~'::::.f' ~.\Y COMMISSION EXPIRES 1.31.2005
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
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(3) Rate actually charged
$
1.40 per line
j- C~I;:;R:f:I~-
I (Offi~ial Publication)
SUMMARY PUBLICATION
I BILL NO. 2002-16
AMENDING THE RICHFIELD ZONING
' CODE BY ADDING SECTION 538
I This summary of the ordinance is published pursuant to
Section 3,12 of the Richfield City Charter.
The purpose of this ordinance is to protect the floodplains I
and set minimum building standards for the protection of
structures constructed within a floodplain within the City I
of Richfield by establishing a floodplain, overlay, zoning
district and establishing more stringent building stan-
dards. The ordinance also sets forth a process for issuing
permits for land uses within a floodplain.
Copies of the ordinance are available for public inspection
I in the Public Works Department during normal business
hours or upon request by calling Engineering Supervisor
George Atkinson at 612-861-9191. i
Adopted by the City Council of the City of Richfield, Min.
nesota this 14th day of May, 2002.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
_ '- _(~ay 2~_20~)D2/BiIl2002.16
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