Appendix D. FLOODPLAIN AND WETLAND SYSTEMS DISTRICT
The flood plain (FP) and Wetland Systems District (W) of the Zoning Code are included in this Appendix D for administrative convenience.
4.17 Flood Plain District
4.171 Statutory Authorization, Findings of Fact and Purpose. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and 462 delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore, the City of New Hope, Minnesota does order as follows:
4.171 (1) Statement of Purpose. The purpose of §§ 4.171 through 4.179B is to maintain the City's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
4.171 (2) Warning of Disclaimer of Liability. This Code does not imply that areas outside of the flood plain district or land uses permitted within such districts will be free from flooding and flood damages. This Code shall not create liability on the part of the City of New Hope or any officer or employee thereof for any flood damages that result from reliance on this Code or any administrative decisions lawfully made thereunder.
4.172 General Provisions.
4.172 (1) Adoption of Flood Insurance Rate Map. The Flood Insurance Rate Map for the City of New Hope, dated January 2, 1981, developed by the Federal Emergency Management Agency is hereby adopted by reference as the Official Flood Plain Zoning District Map and made a part of this ordinance. This map was previously entitled the Flood Hazard Boundary map.
4.172 (2) Lands to Which Ordinance Applies. This ordinance shall apply to all lands designated as flood plain within the jurisdiction of the City of New Hope.
4.172 (3) Interpretation. The boundaries of the flood plain district shall be determined by scaling distances on the Official Flood Plain Zoning District Map. Where interpretation is needed as to the exact location of the boundaries of the flood plain district, the City Manager or his designated representative shall make the necessary interpretation based on elevations on the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the community shall:
4.172(3) (a) Require a flood plain evaluation consistent with § 4.174(3) of this Code to determine a 100-year flood elevation for the site; or
4.172(3) (b) Base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the flood plain.
4.173 Conflict with Pre-Existing Zoning Regulations and General Compliance.
4.173 (1) The Flood Plain District as Overlay Zoning District. The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in §§ 4.174 and 4.175 of this Code shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of §§ 4.171 through 4.179B shall apply in addition to other legally established regulations of the City and where these Sections impose greater restrictions, the provisions of §§ 4.171 through 4.179B shall apply.
4.173 (2) Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Code and other applicable regulations which apply to uses within the jurisdiction of this Code. Within the Floodway and Flood Fringe, all uses not listed as permitted uses in § 4.174 shall be prohibited. In addition, a caution is provided here that:
4.173(2) (a) New manufactured homes and replacement manufactured homes are subject to the general provisions of this Code and specifically § 4.174.
4.173(2) (b) Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Code and specifically § 4.179.
4.173(2) (c) As-built elevations for elevated structures must be certified by ground surveys as stated in § 4.177 of this Code.
4.174 Permitted Uses, Standards, and Flood Plain Evaluation Criteria.
4.174 (1) Permitted Uses in the Flood Plain. The following uses of land are permitted uses in the flood plain district:
4.174(1) (a) Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.
4.174(1) (b) Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment, provided these activities are located in the flood fringe portion of the flood plain. These uses shall be subject to the development standards in § 4.174(2) of this Code and the flood plain evaluation criteria in § 4.174(3) of this Code for determining floodway and flood fringe boundaries.
4.174 (2) Standards for Flood Plain Permitted Uses.
4.174(2) (a) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood evaluation-FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
4.174(2) (b) Storage of materials and equipment:
4.174(2)(b) (i) 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.
4.174(2)(b) (ii) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the Regulatory Flood Protection Elevation.
4.174(2) (c) 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.
4.174(2) (d) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be 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 finished fill elevation must be no lower than one foot below the Regulatory Flood Protection Elevation and shall extend at such elevation at least 15' beyond the limits of the structure constructed thereon.
4.174(2) (e) All Uses. Uses that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation to lands outside of the flood plain shall not be permitted unless granted a variance by the City Council. In granting a variance, the Council shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist.
4.174(2) (f) Commercial and Manufacturing Uses. 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 be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.
4.174(2) (g) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
4.174 (3) Flood Plain Evaluation.
4.174(3) (a) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the flood plain district, the City Manager or his designative representative shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the Regulatory Flood Protection Elevation for the site. Procedures consistent with Minnesota Rules 1983 Parts 6120.5600 (Technical Standards and Requirements for Floodplain Evaluation) and 6120.5700 (Minimum Floodplain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal.
4.174(3) (b) The City shall submit one copy of all information required by Section 4.174(3)(a) of this Code to the respective Department of Natural Resources' Area Hydrologist for review and comment at least 20 days prior to the granting of a permit or manufactured home park development/subdivision approval by the community. The City shall notify the respective Department of Natural Resources Area Hydrologist within 10-days after a permit or manufactured home park development/subdivision approval is granted.
4.175 Utilities, Railroads, Roads and Bridges in the Flood Plain District. All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with state flood plain management standards contained in Minnesota Rules 1983 Parts 6120.5000-6120.6200.
4.176 Subdivisions.
4.176 (1) No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the City Council for reason of flooding inadequate drainage, water supply or sewage treatment facilities. The City Council shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities.
4.176 (2) In the Flood Plain District, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Section 4.174(3)(a) of this Code. The City Manager or a designated representative shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in Sections 4.174(2) and (3) and 4.175 of this Code.
4.176 (3) 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.
4.176 (4) Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for 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 developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
4.177 Administration.
4.177 (1) Permit Required. A Permit issued by the City shall be secured prior to the construction, addition, or alteration of any building or structure; prior to the use or change of use of a building, structure or land; prior to the change or extension of a nonconforming use; and prior to excavation or the placement of an obstruction within the flood plain.
4.177 (2) State and Federal Permits. Prior to granting a Permit or processing an application for a Variance, the City Manager or a designated representative shall determine that the applicant has obtained all necessary State and Federal permits.
4.177 (3) Certification of Lowest Floor Elevations. 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 Code. The City shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the flood plain district.
4.177 (4) Security Required.
4.177(4) (a) Form. Upon approval of a use permit, the City may require a letter of credit or other financial security to be approved by the City Attorney prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the use permit and the regulations and laws of the City.
4.177(4) (b) Amount. The security shall be in the amount of the City Engineer's and/or City Building Official's estimated costs of labor and materials for the proposed improvements or development.
4.177(4) (c) Duration. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the use permit and the regulations and laws of the City has been issued by the City Building Official.
4.177(4) (d) Forfeiture. Failure to comply with the conditions of the use permit and/or the regulations and laws of the City shall result in forfeiture of the security.
4.178 Variances.
4.178 (1) A variance means a modification of a specific permitted development standard required in an official control including this Code 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 the City's respective planning and zoning enabling legislation.
4.178 (2) The City Council may authorize upon appeal in specific cases such relief or variance from the terms of this Code as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the City Council shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance.
4.178 (3) Variances from the provisions of this Code may be authorized where the City Council has determined the variance will not be contrary to the public interest and the spirit and intent of this Code. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the Regulatory Flood Protection Elevation. Variances may be used to modify permissible methods of flood protection.
4.178 (4) The City shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a Variance shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.
4.178 (5) Appeals. Appeals from any decision of the City Council may be made, and as specified in the City's Official Controls and also Minnesota Statutes.
4.178 (6) Flood Insurance Notice and Record Keeping. The Building Official shall notify the applicant for a variance that: a) 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 b) 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. The City shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
4.179 Nonconformities. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Code but which is not in conformity with the provisions of this Code may be continued subject to the following conditions:
4.179 (1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
4.179 (2) An alteration within the inside dimensions of a nonconforming use or structure is permissible provided it will not result in increasing the flood damage potential of that use or structure.
4.179 (3) The cost of all structural alterations or additions both inside and outside of a structure 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 Code are satisfied. The cost of all structural alterations and additions constructed since the adoption of the City's initial flood plain controls must be calculated into today's current cost which will include 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 § 4.174 of this Code for new structures.
4.179 (4) If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code. The City may issue a Permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this Code.
4.179A Penalties for Violation. A violation of the provisions of this Code or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variance) shall constitute a misdemeanor.
4.179A (1) In responding to a suspected code violation, the City may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct code violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
4.179A (2) When a code violation is either discovered by or brought to the attention of the City, it 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 City's plan of action to correct the violation to the degree possible.
4.179A (3) The City shall notify the suspected party of the requirements of this Code 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 City may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the City 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/development approval within a specified period of time not to exceed 30 days.
4.179A (4) If the responsible party does not appropriately respond to the City within the specified period of time, each additional day that lapses shall constitute an additional violation of this Code and shall be prosecuted accordingly. The City 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 Code.
4.179B Amendments. All amendments to this Code, including revisions to the Official Flood Plain Zoning District Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The flood plain designation on the Official Flood Plain Zoning District Map shall not be removed unless an area is filled to an elevation at or above the Regulatory Flood Protection Elevation and is contiguous to lands outside of the flood plain. 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 Code and said notice shall include a draft of the Code amendment or technical study under consideration.
(Code 072684; Ord. No. 91-04)
4.18 Wetland Systems District (W).
4.181 Purpose. The Wetland Systems District (W District) is a district relating to low lands, marshes, wetlands, drainage ways, water bodies, and watercourses regulating alteration and development of such lands and provided for the issuance of permits therefore, and specifically to:
4.181 (1) Reduce Hazards. Reduce danger to the health, safety and welfare of the residents of New Hope by protecting surface and ground water supplies from the impairment which results from incompatible land uses and alterations, and by providing safe and sanitary drainage.
4.181 (2) Restrict Development. Restrict and control land development so it will not impede the flow of flood water or cause danger to life or property.
4.181 (3) Designated Land for W District. Designate suitable land uses that are compatible with the preservation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of water flow through the year and which sustain many species of wild life and plant growth.
4.181 (4) Runoff Regulated. Regulate runoff of surface waters from developed areas to prevent pollutants such as motor oils, sand, salt and other foreign materials from being carried directly into the nearest natural stream, lake or other public or private waters.
4.181 (5) Alteration of Wetlands Regulated. Regulate the alteration of wetland systems to prevent excessive sediment pollution, increased and rapid water runoff, excessive nutrient runoff, pollution and to maintain the aesthetic appearance of the wetlands.
4.181 (6) Protection of Watercourses. Prevent the development of structures in areas which will adversely affect the public passage and use of creeks, marshes, low lands and watercourses within the City.
4.182 District Application.
4.182 (1) Joint Application. The Wetland Systems District shall be applied to and superimposed upon all residential, commercial, or industrial districts contained herein existing or amended by the text and map of this Code. The regulations and requirements imposed by the "W" District shall be in addition to those established for the district which jointly applies. Under the joint application of districts, the more restrictive requirements shall apply.
4.182 (2) District Boundary Definition. The Wetland Systems District within the City of New Hope is defined and established to include those areas adjoining and including any watercourse, natural drainage system, water body, or wetland, that may be subject to periodic flooding, overflow, or seasonally high water tables. The specific district boundary lines shall be established by the City Engineer and approved by the City Council. All proposals to adjust a wetland systems district boundary line shall follow the same administrative procedures as outlined in Section 4.20. In addition, the applicant must submit engineering data that clearly indicates the magnitude of impact on the wetland system, if any, that will result from the proposed development.
4.183 Permitted Uses. The following operations and uses are permitted in the "Wetland Systems District" as a matter of right, subject to any other applicable code, ordinance or law.
4.183 (1) Certain Agricultural Uses. Grazing, farming, nurseries, gardening, and harvesting of crops.
4.183 (2) Forestry. Sustained yield forestry and tree farms.
4.183 (3) Conservation. Conservation of soil vegetation, water, fish and wildlife.
4.183 (4) Research and Education. Scientific research and educational activities that teach principles of ecology and conservation.
4.183 (5) Recreational Activities. Leisure activities such as hiking, nature studies, canoeing, boating, camping, water-skiing, skin-diving, horseback riding, field trails, and general outdoor recreation including play and sporting areas that are not inconsistent with the intent of this Code.
4.183 (6) Essential Services.
4.184 Prohibited Uses. Except as may hereinafter be permitted, it shall be unlawful for any person to:
4.184 (1) Fill. Place, deposit or permit to be deposited, debris, fill or material including structures into, within or upon any water body, watercourse or wetland, flood plain or natural drainage system.
4.184 (2) Dredge. Dig, dredge, or in any other way alter or remove any material from any water body, watercourse, wetland, flood plain, or natural drainage system.
4.184 (3) Build. Erect structures for human habitation.
4.184 (4) Change. Create ponds, dam or relocate any watercourse, or change the natural drainage system.
4.184 (5) Clear Vegetation. Clear and/or cut trees or other vegetation.
4.184 (6) Store. Permanently store materials.
4.184 (7) Signs. Erect signs.
4.184 (8) Waste Disposal. Dispose of waste materials, including but not limited to sewage, garbage, rubbish and other discarded materials.
4.185 Development Regulations.
4.185 (1) Development Application. Land owners or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any of the wetlands district within the City of New Hope shall first submit a conditional use permit application as regulated by Section 4.20 and a plan of development, hereinafter referred to as "a wetland systems impact plan", which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features, and any additional matters intended to improve or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural conditions of destruction of trees, grade changes and its effect, if any, upon lakes, streams, water courses and marshes, lowlands and wetlands in the area. The plan shall minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the wetland systems impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation.
4.185 (2) High Water Elevation. For lakes, ponds, or flowages, no structure, except boat houses, piers and docks, shall be placed at an elevation such that the lowest floor, including basement floor, is less than three feet above the highest known water level. In those instances where sufficient data on known high water levels are not available, the elevation of the line of permanent shoreland vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize, and construction shall not begin until the property has been inspected by the Building Official.
(Code 072684)