2005-09
BILL NO. 2005-9
AMENDMENT TO RICHFIELD ZONING CODE
SECTION 538
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1
Sec. 2
Sec. 3
Section 538.01, Subdivision 2 of the code of the City of Richfield is amended
to read as follows:
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 floodplain
management program consistent with the surface water management plan
of the Minnehaha Creek Watershed District, Nine Mile Creek Watershed
District. and the Richfield-Bloominoton Watershed District and to maintain
eligibility in the National Flood Insurance Program.
Section 538.03 of the code of the City of Richfield is created to read as
follows:
538.03. Administration. The City Council hereby designates the Director of
Public VVorks as the administrator of this section \':ith the building official
ha'.'ing authority to evaluate construction standards (section 538.15) and
enforce violations (section 538.31). The Director of Public Works.
hereinafter referred to as the responsible person. is appointed as the
"person" responsible for receivino applications and examinino the plans and
specifications for the proposed construction or development.
Section 538.05, Subdivision 4 of the code of the City of Richfield is created
to read as follows:
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 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 1 OO-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. Warnino and disclaimer of Iiabilitv. This regulation does not
imply that areas outside the floodplain or land uses or obstructions permitted
Sec. 4
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 of the remainder.
Section 538.07 of the code of the City of Richfield is amended to read as
follows:
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 m::mmade 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. Any man-made chanoe to real estate. includino but not limited to
construction or reconstruction of buildinos, installino manufactured homes or
travel trailers. installino utilities, construction of roads or bridoes. erection of
levees. walls, or fences. drillino, minino. fillino. dredoino. and storaoe of
materials.
Subd.3. Flood. A temporary increase in the flow or stage of a stream
or in the stage of a 'Netland or lake. A oeneral 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.
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
beino inundated by water from any source (see Flood) as determined by the
City in Section 538.05.
Subd. 6. Flood proofino. 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 staoe. 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 desionated for use with
or without a permanent foundation when attached to the required utilities.
Sec. 5
Subd. 10. New Construction. For the purposes of determininq
insurance rates. structures for which the "start of construction" commenced
on or after the effective date of an initial FI RM or after December 31. 1974.
whichever is later. and includes any subsequent improvements to such
structures. For floodplain manaqement purposes. new construction means
structures for which the start of construction commenced on or after the
effective date of a floodplain manaqement requlation adopted by a
community and includes any subsequent improvements to such structures.
Subd. 11. Person. Includes any individuals. corporation. partnership.
association. or any other entity. includinq State and local qovernments and
aqencies
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.
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.
Subd. 14. Requlatory 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.
Subd. 15. Structure. For floodplain manaqement purposes. a walled
and roofed buildinq. includinq qas or liquid storaqe tanks. that is principally
above qround. The term includes recreational vehicles and travel trailers on
site for more than 180 days.
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 damaqed. and is beinq restored. before
the damaqe occurred. For the purposes of this definition "substantial
improvement" is considered to occur when the first alteration of any wall.
ceilinq. floor. or other structural part of the buildinq commences. whether or not
that alteration affects the external dimensions of the structure reqardless of the
actual work performed. The term does not. however. include either (1) any
proiect for improvement of a structure to comply with existinq state or local
health. sanitary. or safety code specifications which are solely necessary to
assure safe livinq conditions or (2) any alteration of a "historic structure".
provided that the alteration will not preclude the structure's continued
desiqnation as a historic structure.
Section 538.08 of the code of the City of Richfield is created to read as
follows:
538.08 Flood insurance study. A Federal Emerqency Manaqement Aqency
(FEMA) Flood Insurance Study (FIS) has been completed for areas within
the city of Richfield. This FIS is titled "Flood Insurance Study. Hennepin
Sec. 6
Sec. 7
County. Minnesota. All Jurisdictions. Volume 1 of 2 and Volume 2 of 2."
dated September 2. 2004. The foreooino 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 Zone X is an
area where FEMA did not have sufficient supportino hvdrolooic and/or
hvdraulic data to desionate 100-vear or 500-vear floodplains. Therefore, to
administer this ordinance consistent with the provisions of Section 538.05.
the city will use. at a minimum, the reports titled Watershed Manaoement
Plan. Richfield-Bloominoton Watershed. Nine Mile Creek Watershed, and
Minnehaha Creek Watershed to determine floodplain boundaries. A copy of
the foreooino reports are hereby adopted bv reference and declared to be a
part of this ordinance.
Subd. 1. No person shall erect. construct. enlarqe, alter. repair,
improve, move, or demolish any buildino or structure without first obtainino a
separate permit for each buildino or structure from the desionated
responsible person.
Subd. 2. No man-made chanoe to improved or unimproved real
estate, includino but not limited to buildinos or other structures. fences,
minino. dredoino. fillino, oradino. pavino, excavation or drillino operations.
shall be commenced until a separate permit has been obtained from the
desiqnated responsible person for each chanoe.
Subd. 3. No manufactured home shall be placed on improved or
unimproved real estate without first obtainino a separate permit for each
manufactured home from the desionated responsible person.
Section 538.17, Subdivision 1 and 2 of the code of the City of Richfield is
created to read as follows:
538.17 Application review. The administrator shall review applications for
floodplain use permits and make a determination.
Subd. 1. After reviewino the application. the responsible person may
require any additional measures, which are necessary to meet the minimum
requirements of this ordinance.
Subd.2. The responsible person shall review proposed development
to assure that all necessary permits have been received from those
oovernmental aoencies from which approval is required bv Federal or State
law. includino Section 404 of the Federal Water Pollution Control Act
Amendments of 1972. 33 U.S.C. 1334.
Section 538.21, Subdivision 3, 4, 7, and 8, of the code of the City of
Richfield is amended to read as follows:
538.21. Construction standards near or in floodplain overlav 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-1 or FP-2 flood proofing classifications in the state
building code.
Subd. 3. Structures shall be constructed to prevent floatation that m3Y
result in damage to it or other structures and/or restrictions of bridge opening
or other narrov.' sections of '-vater courses. 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.
Subd. 4. Service f-acilities, such 3S electric31 3nd he3ting equipment,
'Nhether inside or outside of 3 structure, shall be installed at or above the
floodplain, or be adequately flood proofed to avoid the f3cility's d3m3ge
during periods of flood. 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.
Sec. 8
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.
Subd. 8. Constructed by methods and practices that minimize flood
damages.
Section 538.23, Subdivision 1 and 2, of the code of the City of Richfield is
amended to read as follows:
538.23. Utility standards. Subdivision 1. All public utilities 3nd f3cilities
such 3S g3s, electrical, se'Ner 3nd '.'later supply systems sh311 be designed
and constructed to minimize or eliminate flood d3m3ge. 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.
Subd. 2. Se'Ner 3nd '.vater supply systems sh311 be designed 3nd
constructed to minimize or eliminate flood damage and shall be designed to
minimize infiltration by flood V.'3ters. 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.
Section 538.20, Subdivision 1, 2, 3, of the code of the City of Richfield is
created to read as follows:
538.20 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:
Sec. 9
Subd. 1. All such proposals are consistent with the need to
minimize flood damaoe within the flood prone area.
Subd. 2. All public utilities and facilities. such as sewer. qas.
electrical. and water systems are located and constructed to minimize or
eliminate flood damaoe. and
Subd. 3. Adequate drainaqe is provided to reduce exposure of
flood hazard.
Passed by the City Council of the City of Richfield, Minnesota this 12th day of July,
2005. -T:"~ ~ \ /J
7:7~ /~ ~
Martin J. Kirs6.h;Mayor
AT-r:EST:
CI
---
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Current , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. ~331A.02, ~331A.07, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of
July
, 2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of
, 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
'~y-~
Subscribed and sworn to or affirmed before me
on this ~ day of
July
,2005.
~~&~
Notary Public
.
MARY ANN CARLSON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 1-31-()9
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
(3) Rate actually charged
$
1.30 per line
.. City of Richfield . ," ..
(OfficiBl-Pu.blicati<ml
- SUMMARY PUBLICATION _!
.'" "[BlLLr-l?_200.So9,.,... ..' ,- ',..
.. ' ~MENT TO SECTION5'SS' ,
AN ~=~~HFIELD CITY CODE WHICH
PERTAINS TO NEW REGULATIONS FOR
FLOODPLAIN MANAGEMENT OF THE
, -'OlU>INAll!0E~ODE OF,~CITY ~
,:'RICHf~LJ:l;", '
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. niu~ity DeyeloprtlentatI6121~61-!)7~0. ..' ,.".. ." ,
.' . ..... Adoptli byth~'CitY9(lu~Cn of,;.h~ City of Richfi,.I\1.
Min...~sotathis 12th day of July 200.,.. .
MartinJ.I{irsch
Mayor ..' .
, ATTEST:
Nancy Gibbs
City.tl~rk
I July 2C200~'d2lSun;HiII:.!()(),),~i