2008-04
BILL NO. 2008-4
AMENDMENT TO RICHFIELD CITY CODE
ADOPTION OF NEW SECTION 550 OF THE CITY CODE RELATED
TO FLOODPLAIN MANAGEMENT REGULATIONS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1
The Richfield City Code is amended by adding new Section 550 as set forth
in the attached Exhibit A.
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 26th day of
February, 2008.
u1tA ~.
Debbie Goettel, Mayor
ATTEST:
~~
Nancy Gibbs, ity Clerk
SECTION 550 - ZONING: FLOODPLAIN MANAGEMENT REGULATIONS
550.01
550.03
550.05
550.07
550.09
550.11
550.13
550.15
550.17
550.19
550.21
550.23
550.25
550.27
550.29
550.31
550.33
Purpose ........................................................................................................ 5 5 0-1
Administration ............................................................................................ 5 5 0-1
Application and interpretation of provisions .......... .............. ..................... ..5 50-1
Definitions ..................................................................................................5 5 0-2
Flood insurance study .................................................................................550-4
Permitted uses in the floodplain overlay district .........................................550-4
Floodplain uses in the floodplain overlay district .......................................550-4
Applications for floodplain use permits ......................................................550-5
Application review... ................ ............. ......... .......................................... ...5 50-5
Variance .......................... ............... ....... ........... .................. .:.................. .....5 50-5
Review of subdivision proposals ........... ............... ................ .......................550-5
Construction standards near or in floodplain overlay district ......................550-6
Utility standards............. ........... ........... ........................................................550-6
Amendments................................................................................................5 5 0-6
Building elevation information ....................................................................550-7
Certificate of completion......................... .................. ..................................550-7
Penalties.......................... .................... ,........................................................550-7
550.01. 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 floodplain
management program consistent with the surface water management plan of the
Minnehaha Creek Watershed District, Nine Mile Creek Watershed District, and
the Richfield-Bloomington Watershed District and to maintain eligibility in the
National Flood Insurance Program. (Amended, Bill No. 2005-9)
550.03. Administration. The Director of Public Works, hereinafter referred to
as the responsible person, is appointed as the "person" responsible for receiving
applications and examining the plans and specifications for the proposed
construction or development. (Amended, Bill No. 2005-9)
550.05. Application and iIiterpretation 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 100-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 100-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.
Page 550-1
Richfield City Code
Floodplain Management Regulations
Section 550.05
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 ofthis section shall prevail.
Subd.3. Warning and disclaimer ofliability. 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.
Subd. 4. The provisions and sections of this Ordinance shall be deemed
separable and the invalidity of any portion of this Ordinance shall not affect the
validity ofthe remainder. (Added, Bill No. 2005-9)
550.07. 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 real estate, including but not
limited to construction or reconstruction of buildings, installing manufactured
homes or travel trailers, installing utilities, construction of roads or bridges,
erection of levees, walls, or fences, drilling, mining, filling, dredging, and storage
. of materials. (Amended, Bill No. 2005-9)
Subd. 3. Flood. A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland or tidal waves, or
the unusual and rapid accumulation or runoff of surface waters from any source.
(Amended, Bill No. 2005-9)
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 or Flood Prone Area. Any land area susceptible to being
inundated by water from any source (see Flood) as determined by the City in
Section 538.05. (Amended, Bill No. 2005-9)
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. Manufactured Home. A structure, transportable in one or more
sections, which is built on a permanent chassis and is designated for use with or
Richfield City Code
550-2
Floodplain Management Regulations
Section 550.07
without a permanent foundation when attached to the required utilities. (Added,
Bill No. 2005-9)
Subd. 10. New Construction. For the purposes of determining insurance rates,
structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, new construction means structures for which the start of
construction commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent
improvements to such structures. (Added, Bill No. 2005-9)
Subd. 11. Person. Includes any individuals, corporation, partnership,
association, or any other entity, including State and local governments and
agencies. (Added, Bill No. 2005-9)
Subd. 12. 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 water, either in itself or by catching or
collecting debris carried by such water. (Amended, Bill No. 2005-9)
Subd. 13. 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. (Amended,
Bill No. 2005-9)
Subd. 14. Regulatory 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. (Amended, Bill No. 2005-9)
Subd. 15. Structure. For floodplain management purposes, a walled and roofed
building, including gas or liquid storage tanks, that is principally above ground.
The term includes recreational vehicles and travel trailers on site for more than
180 days. (Added, Bill No. 2005-9)
Subd. 16. Substantial Improvement. Any repair, reconstruction or improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure either, (a) before the improvement or repair is started, or (b) if the
structure has been damaged, and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part
of the building commences, whether or not that alteration affects the external
dimensions of the structure regardless of the actual work performed. The term
does not, however, include either (l) any project for improvement of a structure
to comply with existing state. or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions or (2)
any alteration of a "historic structure", provided that the alteration will not
Richfield City Code
550-3
Floodplain Management Regulations
Section 550.07
preclude the structure's continued designation as a historic structure. (Added,
Bill No. 2005-9)
550.09. Flood insurance study. A Federal Emergency Management Agency (FEMA)
Flood Insurance Study (FIS) has been completed for areas within the City of Richfield.
This FIS is titled "Flood Insurance Study, Hennepin County, Minnesota, All
Jurisdictions, Volume I of2 and Volume 2 of2," dated September 2,2004. The
foregoing FIS, and the respective Flood Insurance Rate Map Panels contained therein for
the City of Richfield, show all areas of the City as an Unshaded Zone X. An Unshaded
ZoneX is an area where FEMA did not have sufficient supporting hydrologic and/or
hydraulic data to designate 100-yearor 500-year floodplains. Therefore, to administer
this Ordinance consistent with the provisions of Section 549.05, the City will use, at a
minimum, the reports titled Watershed Management Plan, Richfield-Bloomington
Watershed, Nine Mile Creek Watershed, and Minnehaha Creek Watershed to determine
floodplain boundaries. A copy of the foregoing reports are hereby adopted by reference
and declared to be a part of this Ordinance.
Subd. 1. No person shall erect, construct, enlarge, alter, repair, improve, move,
or demolish any building or structure without first obtaining a separate permit for
each building or structure from the designated responsible person.
Subd. 2. No man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, fences, mining, dredging, filling,
grading, paving, excavation or drilling operations, shall be commenced until a
separate permit has been obtained from the designated responsible person for
each change.
Subd. 3. No manufactured home shall be placed on improved or
unimproved real estate without first obtaining a separate permit for each
manufactured home from the designated responsibleperson.(Added, Bill
No. 2005-9)
550.11. Permitted uses in the floodplain overlay district. Ariy 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 100-year flood, cause an increase in flood damages in
the reach or reaches affected, or reduce the existing storage capacity of the floodplain.
550.13. 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 ofthe 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
Richfield City Code
550-4
Floodplain Management Re(!ulations
Section 550.13
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.
550.15. 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.
550.17. Application review. The administrator shall review applications for floodplain
use permits and make a determination.
Subd. 1. After reviewing the application, the responsible person may require any
additional measures, which are necessary to meet the minimum requirements of
this Ordinance. (Added, Bill No. 2005-9).
Subd. 2. The responsible person shall review proposed development to assure
that all necessary permits have been received from those governmental agencies
from which approval is required by Federal or State law, including Section 404
of the Federal Water Pollution Control Act Amendments of 1972, 33 V.S.C.
1334. (Added, Bill No. 2005-9)
550.19. Variance. A variance to the standards outlined in this section may be requested
under City zoning code section 547.11.
550.21. Review of Subdivision Proposals. The responsible person shall review
subdivision proposals and other proposed new development to determine whether such
proposals will be reasonably safe from flooding. If a subdivision proposal or other
proposed new development is in a flood prone area, any such proposal shall be reviewed
to assure that: .
Subd. 1. All such proposals are consistent with the need to minimize flood
damage within the flood prone area,
Subd. 2. All public utilities and facilities, such as sewer, gas, electrical, and
water systems are located and constructed to minimize or eliminate flood
damage, and
Subd. 3. Adequate drainage is provided to reduce exposure of flood hazard.
(Added, Bill No. 2005-9)
Richfield City Code
550-5
Floodplain Management Regulations
Section 550.23
550.23. 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.
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-l
or FP-2 flood proofing classifications in the State Building Code.
Subd. 3. Structures shall be designed (or modified) and adequately anchored to
prevent floatation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(Amended, Bill No. 2005-9)
Subd. 4. Constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding. (Amended, Bill No. 2005-9)
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.
Subd. 7. Constructed with materials and utility equipment resistant to flood
damage, and methods and practices that minimize flood damage. (Added, Bill
No. 2005-9)
Subd. 8. Constructed by methods and practices that minimize flood damages.
(Added, Bill No. 2005-9)
550.25. Utility standards. Subdivision 1. The responsible person shall require within
flood prone areas, new and replacement water supply systems to be designed to minimize
or eliminate infiltration of flood waters into the systems. (Amended, Bill No. 2005-9)
Subd. 2. New and replacement sanitary sewage systems to be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges
from the systems into flood waters. (Amended, Bill No. 2005-9)
550.27. 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 100-year floodplain and is contiguous
to lands outside the floodplain.
Richfield City Code
550-6
Floodplain Management Regulations
Section 550.29
550.29. Buildine: 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.
550.31. 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.
550.33. 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:
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 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.
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 ofthis 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
Richfield City Code
550-7
Floodplain Management Regulations
Section 550.29
to the condition that existed prior to the violation
of this regulation.
Richfield City Code
550-8
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) ss.
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Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
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Richfield Sun-Current
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edby Minn. Stat. s331A.02, s331A.07,
and other applicable laws as amended.
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once each week, for ~ successive
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abcdefg hijkl mnopq rstuvwxyz
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Subscribed and sworn to or affirmed
before me on this ~ day of
March , 2008.
iJ M~
~ Notary Public ----
. MARY ANN CARLSON
NOTARY PUBUC-MINNESOTA
MY COMMISSION EXPIRES 1-31-()9
;
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2008-4
AN ORDINANCE AMENDMENT ADOPTING NEW
SECTION 550 OFTHE RICHFIELD CITY CODE
WHICH PERTAINS TO FLOODPLAIN MANAGEMENT
REGULATIONS INTHE CITY OF RICHFIELD
This summary of the ordinance is published pursuant
to Section 3.12 of the Richfield City Charter.
The City Council adopted new ordinances related to
zoning on November 13, 2007. Floodplain management
regulations were intended to be adopted as part of this ap-
proval. These regulations were inadvertently left out.
There are no substantive changes to the floodplain regu-
lations; only organizational changes have been made.
Floodplain management guidelines regulate the develop-
ment of land within the floodplain. Regulations are nec-
essary to ensure Richfield's eligibility in the National Flood
Insurance Program. The regulations apply to areas des-
ignated as being within the 1 DO-year floodplain. Current-
ly there are no areas within Richfield that fall within the
1 DO-year floodplain.
Copies of the ordinance are available for public in-
spection in the City Clerk's office during normal business
hours or upon request by calling the Department of Com-
munity Development at (612) 861-9760.
Adopted by the City Council of the City of Richfield,
Minnesota this 11 th day of March, 2008.
Isl
Nancy Gibbs, City Clerk
( Mar. 20, 2008) d2-bill 2008-4