Ordinance - 16-06 - Repeal Chapter 18, Article VI, & Update Floodplain MapCITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 16-06
AN ORDINANCE REPEALING CHAPTER 18, ARTICLE VI, FLOODPLAIN
MANAGEMENT ORDINANCE TWO DISTRICT, ONE MAP FORMAT OF THE
SPRING PARK CITY CODE AND REPLACING IT WITH UPDATED FLOODPLAIN
REGULATIONS WITHIN THE CITY OF SPRING PARK, MINNESOTA
THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA
ORDAINS AS FOLLOWS:
Section 1. Chapter 18, Article VI, Floodplain Management Ordinance Two District, One
Map format is repealed in its entirety.
Section 2. chapter 18, Article VI, Floodplain Management Ordinance is replaced with
the following language:
ARTICLE VI
SPRING PARK FLOODPLAIN MANAGEMENT ORDINANCE
DIVISION 1 STATUTORY AUTHORIZATION AND PURPOSE
Sec. 18-240. Statutory Authorization.
The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and
Chapter 462 delegated the responsibility to local government units to adopt regulations designed
to minimize flood losses. Therefore, the City Council of Spring Park, Minnesota, does ordain as
follows.
Sec. 18-241. Purpose.
(a) This ordinance regulates development in the flood hazard areas of the City of Spring
Park. These flood hazard areas are subject to periodic inundation, which may result in
loss of life and 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. It is the purpose of this ordinance to promote the public
health, safety, and general welfare by minimizing these losses and disruptions.
(b) National Flood Insurance Program Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's
eligibility in the National Flood Insurance Program.
(c) This ordinance is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide
recreational opportunities, provide aesthetic benefits and enhance community and
economic development.
DIVISION 2 GENERAL PROVISIONS
Sec. 18-242. How to Use This Ordinance.
This ordinance adopts the floodplain maps applicable to the City of Spring Park and
includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. Where
Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in
Sections 4 or 5 will apply, depending on the location of a property.
Sec. 18-243. Lands to Which Ordinance Applies.
This ordinance applies to all lands within the jurisdiction of the City of Spring Park
shown on the Official Zoning Map and/or the attachments to the map as being located within the
boundaries of the Floodway or Flood Fringe. The Floodway and Flood Fringe Districts are
overlay districts that are superimposed on all existing zoning districts. The standards imposed in
the overlay districts are in addition to any other requirements in this ordinance. In case of a
conflict, the more restrictive standards will apply.
Sec. 18-244. Incorporation of Maps by Reference.
The following maps together with all attached material are hereby adopted by reference
and declared to be a part of the Official Zoning Map and this ordinance. The attached material
includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas,
dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated
November 4, 2016, all prepared by the Federal Emergency Management Agency. These
materials are on file at the Spring Park City Hall, 4349 Warren Avenue, Spring Park, MN
55384.
Effective Flood Insurance Rate Map panels:
27053CO284F 27053CO292F 27053CO303F 27053CO311F
Sec. 18-245. Regulatory Flood Protection Elevation.
The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the floodplain that result from designation of a floodway.
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Sec. 18-246. Interpretation.
The boundaries of the zoning districts are determined by scaling distances on the Flood
Insurance Rate Map.
(a) Where a conflict exists between the floodplain limits illustrated on the official zoning
map and actual field conditions, the flood elevations shall be the governing factor. The
Zoning Administrator must interpret the boundary location based on the ground
elevations that existed on the site on the date of the first National Flood Insurance
Program map showing the area within the regulatory floodplain, and other available
technical data.
(b) Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the Planning Commission/City Council and to submit
technical evidence.
Sec. 18-247. Abrogation and Greater Restrictions.
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or other private agreements. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this
ordinance are hereby repealed to the extent of the inconsistency only.
Sec. 18-248. Warning and Disclaimer of Liability.
This ordinance does not imply that areas outside the floodplain districts or land uses
permitted within such districts will be free from flooding or flood damages. This ordinance does
not create liability on the part of the City of Spring Park or its officers or employees for any
flood damages that result from reliance on this ordinance or any administrative decision lawfully
made hereunder.
Sec. 18-249. Severability.
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional
or invalid by a court of law, the remainder of this ordinance shall not be affected and shall
remain in full force.
Sec. 18-250. Definitions.
Unless specifically defined below, words or phrases used in this ordinance must be
interpreted according to common usage and so as to give this ordinance its most reasonable
application.
Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
Base Flood Elevation — The elevation of the "regional flood." The term "base flood elevation" is
used in the flood insurance survey.
Basement — 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 — 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:
(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and/or land use conform to the comprehensive land use plan if one exists
and are compatible with the existing neighborhood.
Critical Facilities — facilities necessary to a community's public health and safety, those that
store or produce highly volatile, toxic or water -reactive materials, and those that house occupants
that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities
include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and
police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage
facilities, and waste handling and storage facilities.
Development — any manmade change to improved or unimproved real estate, including buildings
or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials.
Equal Degree of Encroachment — a method of determining the location of floodway boundaries
so that floodplain 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.
Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
Flood Fringe — the portion of the Special Flood Hazard Area (one percent annual chance flood)
located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe"
used in the Flood Insurance Study for Hennepin County, Minnesota.
Flood Insurance Rate Map (FIRM) - means an official map of a community, on which the
Federal Insurance Administrator has delineated both the special hazard areas and the risk
premium zones applicable to the community. A FIRM that has been made available digitally is
called a Digital Flood Insurance Rate Map (DFIRM)."
Flood Prone Area — any land susceptible to being inundated by water from any source (see
"Flood").
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Floodplain — the beds proper and the areas adjoining a wetland, lake or watercourse which have
been or hereafter may be covered by the regional flood.
Floodproofing — a combination of structural provisions, changes, or adjustments to properties
and structures subject to flooding, primarily for the reduction or elimination of flood damages.
Floodway — the bed of a wetland or lake and the channel of a watercourse and those portions of
the adjoining floodplain which are reasonably required to carry or store the regional flood
discharge.
Lowest Floor — the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an
area other than a basement area, is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation of the applicable non -elevation
design requirements of 44 Code of Federal Regulations, Part 60.3.
New Construction - Structures, including additions and improvements, and placement of
manufactured homes, for which the start of construction commenced on or after the effective
date of this ordinance.
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 floodplain
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.
One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see definition).
Principal Use or Structure — all uses or structures that are not accessory uses or structures.
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.
Regional Flood — a flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of the 1 % chance or 100-year recurrence interval. Regional
flood is synonymous with the term "base flood" used in a flood insurance study.
Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the
elevation of the regional flood.
Repetitive Loss: Flood related damages sustained by a structure on two separate occasions
during a ten year period for which the cost of repairs at the time of each such flood event on the
average equals or exceeds 25% of the market value of the structure before the damage occurred.
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Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One
Hundred Year Floodplain."
Start of Construction — includes substantial improvement, and means the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that
occurred before the permit's expiration date. The actual start is either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or
the placement of a manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers,
foundations, or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
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, recreational vehicles.
Substantial Damage - means damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial Improvement - within any consecutive 365-day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the "start of construction" of the improvement. This term includes
structures that have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions.
(b) Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure." For the purpose of this
ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1.
Sec. 18-251 through Sec. 18-259. Reserved.
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DIVISION 3 ESTABLISHMENT OF FLOODPLAIN DISTRICTS
Sec. 18-260. Districts.
(a) Floodway District. The Floodway District includes those areas within Zones AE that
have a floodway delineated as shown on the Flood Insurance Rate Map adopted in
Section 18-244 of this ordinance, as well as portions of other lakes, wetlands, and basins
within Zones AE that are located at or below the ordinary high water level as defined in
Minnesota Statutes, Section 103G.005, subdivision 14. For the purpose of this ordinance,
floodway shall allow lands at or below 929.4 feet above mean sea level datum, 1929
adjustment, which is the ordinary high water elevation of Lake Minnetonka.
(b) Flood Fringe District. For lakes, wetlands and other basins within Zones AE that do not
have a floodway delineated, the Flood Fringe District also includes those areas below the
1% annual chance (100-year) flood elevation but above the ordinary high water level as
defined in Minnesota Statutes, Section 103G.005, subdivision 14. For the purpose of this
ordinance, the flood fringe will be those floodplain areas delineated on the Flood
Insurance Rate Map adopted in Section 18-244 of this ordinance that are above the Lake
Minnetonka ordinary high water elevation of 929.4 feet above mean sea level datum,
1929 adjusted.
Sec. 18-261. Applicability.
Within the floodplain districts established in this ordinance, the use, size, type and
location of development must comply with the terms of this ordinance and other applicable
regulations. In no cases shall floodplain development adversely affect the efficiency or unduly
restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage
ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or
conditional uses in Division 4 and 5 are prohibited. In addition, critical facilities, as defined in
Section 18-250, are prohibited in all floodplain districts.
Sec. 18-262 through Sec. 18-269. Reserved.
DIVISION 4 FLOODWAY DISTRICT (FW)
Sec. 18-270. Permitted Uses.
The following uses, subject to the standards set forth in Section 18-271, are permitted
uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
(a) Open space uses including, but not limited to, boat launching ramps, swimming areas,
parks, wildlife and nature preserves, hunting and fishing areas, and single or multiple
purpose recreational trails.
(b) Residential lawns and gardens.
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(c) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources' Area Hydrologist is notified at least ten days prior to
issuance of any permit.
(d) Seasonal private docks and boat lifts are permitted without a flood permit, provided they
meet the application regulations of the Lake Minnetonka Conservation District (LMCD).
Sec. 18-271. Standards for Floodway Permitted Uses.
(a) The use must have a low flood damage potential.
(b) the use must not obstruct flood flows or cause any increase in flood elevations and must
not involve structures, obstructions, or storage of materials or equipment.
(c) All uses must be compliant with the Spring Park Zoning/Shoreland Ordinance.
Sec. 18-272. Conditional Uses.
The following uses may be allowed as conditional uses following the standards and
procedures set forth in Section 18-313 of this ordinance and further subject to the standards set
forth in Section 18-273, if otherwise allowed in the underlying zoning district or any applicable
overlay district.
(a) Marinas, boat rentals, permanent docks, piers, wharves, and water control structures.
(b) Placement of fill or construction of fences that obstruct flood flows.
Sec. 18-273. Standards for Floodway Conditional Uses.
(a) All Uses. A conditional use must not cause any increase in the stage of the 1 % chance or
regional flood or cause an increase in flood damages in the reach or reaches affected.
(b) Fill; Storage of Materials and Equipment:
(1) 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.
(2) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain
must be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method. Permanent sand and gravel operations and similar uses must
be covered by a long-term site development plan.
(3) Temporary placement of fill, other materials, or equipment which would cause an
increase to the stage of the 1 % percent chance or regional flood may only be
allowed if the (Governing Body) has approved a plan that assures removal of the
materials from the floodway based upon the flood warning time available.
(c) Structural works for flood control that will change the course, current or cross section of
protected wetlands or public waters are subject to the provisions of Minnesota Statutes,
Section 103G.245.
(d) All conditional use permits must be compliant with the Spring Parks Zoning/Shoreland
Ordinance.
Sec. 18-274. Prohibited Uses.
The following uses shall be prohibited within the Floodway District (FW):
(a) Parking, storage, habitation of any travel trailer, travel vehicles, or temporary dwelling
units that is either self-propelled or towable by a light duty truck and designed as a
temporary living quarters for recreation, camping, travel, or seasonal uses.
(b) Any use not specifically identified as a permitted or conditional use permitted within the
Floodway District (FW) shall be prohibited.
Sec. 18-275 through Sec. 18-279. Reserved.
DIVISION 5 FLOOD FRINGE DISTRICT (FF)
Sec. 18-280. Permitted Uses.
Permitted uses are those uses of land or structures allowed in the underlying zoning
district(s) that comply with the standards in Sections 18-281. If no pre-existing, underlying
zoning districts exist, then any residential or nonresidential structure or use of a structure or land
is a permitted use provided it does not constitute a public nuisance.
Sec. 18-281. Standards for Flood Fringe Permitted Uses.
(a) All structures, including accessory structures, must be elevated on fill so that the lowest
floor, as defined, is at or above the regulatory flood protection elevation. The finished fill
elevation for structures must be no lower than one foot below the regulatory flood
protection elevation and the fill must extend at the same elevation at least fifteen (15) feet
beyond the outside limits of the structure.
(b) Accessory Structures. As an alternative to the fill requirements of Section 18-281(a) of
this ordinance, structures accessory to the uses identified in Section 18-280 of this
ordinance may be permitted to be internally/wet floodproofed to the FP3 or FP4
floodproofing classifications in the State Building Code, provided that:
(1) The accessory structure constitutes a minimal investment, does not exceed 576
square feet in size, and is only used for parking and storage.
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(2) All portions of floodproofed accessory structures below the Regulatory Flood
Protection Elevation must be: (i) adequately anchored to prevent flotation,
collapse or lateral movement and designed to equalize hydrostatic flood forces on
exterior walls, (ii) be constructed with materials resistant to flood damage, and
(iii)must have all service utilities be water -tight or elevated to above the
regulatory flood protection elevation
(3) Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a
minimum of two "automatic" openings in the outside walls of the
structure, with a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding; and
b. There must be openings on at least two sides of the structure and the
bottom of all openings must be no higher than one foot above the lowest
adjacent grade to the structure. Using human intervention to open a garage
door prior to flooding will not satisfy this requirement for automatic
openings.
(c) The cumulative placement of fill or similar material on a parcel must not exceed one
thousand (1,000) cubic yards, unless the fill is specifically intended to elevate a structure
in accordance with Section 18-281(a) of this ordinance, or if allowed as a conditional use
under Section 18-282(c) of this ordinance.
(d) The storage of any materials or equipment must be elevated on fill to the regulatory flood
protection elevation.
(e) All service utilities, including ductwork, must be elevated or water -tight to prevent
infiltration of floodwaters.
(f) 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.
(g) All fill must be properly compacted and the slopes must be properly protected by the use
of riprap, vegetative cover or other acceptable method.
(h) All new principal structures must have vehicular access at or above an elevation not more
than two feet below the regulatory flood protection elevation, or must have a flood
warning /emergency evacuation plan acceptable to the City of Spring Park.
(i) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation
lower than the regulatory flood protection elevation. However, any facilities used by
employees or the general public must be designed with a flood warning system that
provides adequate time for evacuation if the area is inundated to a depth and velocity
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such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a
product of four upon occurrence of the regional (1% chance) flood.
(j) Interference with normal manufacturing/industrial plant operations must be minimized,
especially along streams having protracted flood durations. In considering permit
applications, due consideration must be given to the needs of industries with operations
that require a floodplain location.
Sec. 18-282. Conditional Uses.
The following uses and activities may be allowed as conditional uses, if allowed in the
underlying zoning district(s) or any applicable overlay district, following the procedures in
Section 18-313 of this ordinance.
(a) Any structure that is not elevated on fill or floodproofed in accordance with Sections 18-
281(a) and 18-281(b) of this ordinance.
(b) Storage of any material or equipment below the regulatory flood protection elevation.
(c) The cumulative placement of more than one thousand (1,000) cubic yards of fill when the
fill is not being used to elevate a structure in accordance with Section 18-281(a) of this
ordinance.
(d) The use of methods to elevate structures above the regulatory flood protection elevation,
including stilts, pilings, parallel walls, or above -grade, enclosed areas such as crawl
spaces or tuck under garages, shall meet the standards in Section 18-283(f) of this
ordinance.
Sec. 18-283. Standards for Flood Fringe Conditional Uses.
(a) The standards listed in Sections 18-281(d) through 18-2810) of this ordinance apply to
all conditional uses.
(b) Basements, as defined by Section 18-250 of this ordinance, are subject to the following:
(1) Residential basement construction is not allowed below the regulatory flood
protection elevation.
(2) Non-residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry floodproofed in accordance
with Section 18-282(c) of this ordinance.
(c) All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation must be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building Code. Structurally dry
floodproofing must meet the FP 1 or FP2 floodproofing classification in the State
Building Code, which requires making the structure watertight with the walls
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substantially impermeable to the passage of water and with structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(d) The placement of more than one thousand (1,000) cubic yards of fill or other similar
material on a parcel (other than for the purpose of elevating a structure to the regulatory
flood protection elevation) must comply with an approved erosion/sedimentation control
plan.
(1) The plan must clearly specify methods to be used to stabilize the fill on site for a
flood event at a minimum of the regional (1% chance) flood event.
(2) The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the City of Spring Park.
(3) The plan may incorporate alternative procedures for removal of the material from
the floodplain if adequate flood warning time exists.
(e) Storage of materials and equipment below the regulatory flood protection elevation must
comply with an approved emergency plan providing for removal of such materials within
the time available after a flood warning.
(f) 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. The base or floor
of an enclosed area shall be considered above -grade and not a structure's basement or
lowest floor if:
(1) the enclosed area is above -grade on at least one side of the structure;
(2) it is designed to internally flood and is constructed with flood resistant materials;
and
(3) it is used solely for parking of vehicles, building access or storage. The above -
noted alternative elevation methods 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 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 - 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:
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1. The minimum area of openings in the walls where internal
flooding is to be used as a floodproofing technique. There shall be
a minimum of two openings on at least two sides of the structure
and the bottom of all openings shall be no higher than one foot
above grade. The automatic openings shall have a minimum net
area of not less than one square inch for every square foot of
enclosed area subject to flooding unless a registered professional
engineer or architect certifies that a smaller net area would suffice.
The automatic 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 without any form of
human intervention; and
2. That the enclosed area will be designed of flood resistant materials
in accordance with the FP3 or FP4 classifications in the State
Building Code and shall be used solely for building access, parking
of vehicles or storage.
(g) All conditional uses shall be compliant with the Spring Park Zoning and Shoreland
Ordinance.
Sec. 18-284. Prohibited Uses.
The following uses shall be prohibited within the Flood Fringe District (FF):
(a) Parking, storage, habitation of any travel trailer, travel vehicles, or temporary dwelling
units that is either self-propelled or towable by a light duty truck and designed as a
temporary living quarters for recreation, camping, travel, or seasonal uses.
(b) Any use not specifically identified as a permitted or conditional use permitted within the
Flood Fringe District (FF) shall be prohibited.
Sec. 18-285 through Sec. 18-289. Reserved.
DIVISION 6 LAND DEVELOPMENT STANDARDS
Sec. 18-290. In General.
Recognizing that flood prone areas may exist outside of the designated floodplain
districts, the requirements of this section apply to all land within the City of Spring Park.
Sec.18-291. Subdivisions.
No land may be subdivided which is unsuitable for reasons of flooding or inadequate
drainage, water supply or sewage treatment facilities.
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(a) All lots within the floodplain districts must be able to contain a building site outside of
the Floodway District at or above the regulatory flood protection elevation.
(b) All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation,
unless a flood warning emergency plan for the safe evacuation of all vehicles and people
during the regional (1% chance) flood has been approved by the City of Spring Park. The
plan must be prepared by a registered engineer or other qualified individual, and must
demonstrate that adequate time and personnel exist to carry out the evacuation.
(c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries,
the regulatory flood protection elevation and the required elevation of all access roads
must be clearly labeled on all required subdivision drawings and platting documents.
(d) If a subdivision proposal or other proposed new development is in a flood prone area, any
such proposal must be reviewed to assure that:
(1) All such proposals are consistent with the need to minimize flood damage within the
flood prone area,
(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
(3) Adequate drainage is provided to reduce exposure of flood hazard.
Sec. 18-292. Building Sites.
If a proposed building site is in a flood prone area, all new construction and substantial
improvements (including the placement of manufactured homes) must be:
(a) 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;
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage; and
(d) 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. 18-293 through Sec. 18-299. Reserved.
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DIVISION 7 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
Sec. 18-300. Public Utilities.
All public utilities and facilities such as gas, electrical, sewer, and water supply systems
to be located in the floodplain must be floodproofed in accordance with the State Building Code
or elevated to the regulatory flood protection elevation.
Sec. 18-301. Public Transportation Facilities.
Railroad tracks, roads, and bridges to be located within the floodplain must comply with
Divisions 4 and 5 of this ordinance. These transportation facilities must be elevated to the
regulatory flood protection elevation where failure or interruption of these facilities would result
in danger to the public health or 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
health or safety.
Sec. 18-302. Sanitary Sewer and Municipal Water.
All private development within the City of Spring Park shall be connected to public
sanitary sewer and water. Said connection shall be inspected and approved by the City of Spring
Park. Private Sub -Surface Treatment Systems (SSTS) and Private Wells are prohibited.
Sec. 18-303 through Sec. 18-309. Reserved.
DIVISION 8 ADMINISTRATION
Sec. 18-310. Zoning Administrator.
A Zoning Administrator or other official designated by the Spring Park City Council
must administer and enforce this ordinance.
Sec. 18-311. Permit Requirements.
(a) Permit Required. A flood use permit must be obtained from the Zoning Administrator
prior to conducting the following activities within a designated floodplain district.
(1) The erection, addition, modification, rehabilitation, or alteration of any building,
structure, or portion thereof. Normal maintenance and repair also requires a
permit if such work, separately or in conjunction with other planned work,
constitutes a substantial improvement as defined in this ordinance.
(2) The use or change of use of a building, structure, or land.
15
(3) The construction of a dam, fence, or on -site septic system, although a permit is
not required for a farm fence as defined in this ordinance.
(4) The change or extension of a nonconforming use.
(5) The repair of a structure that has been damaged by flood, fire, tornado, or any
other source.
(6) The placement of fill, excavation of materials, or the storage of materials or
equipment within the floodplain.
(7) Relocation or alteration of a watercourse (including new or replacement culverts
and bridges), unless a public waters work permit has been applied for.
(8) Any other type of "development" as defined in this ordinance.
(b) Application for Permit. Permit applications must be submitted to the Zoning
Administrator on forms provided by the Zoning Administrator. The permit application
must include the following as applicable:
(1) A site plan on a certificate of survey showing all pertinent dimensions, existing or
proposed buildings, structures, significant natural features, and site topography
showing location of the 100 year flood having an influence on the permit.
(2) Location of fill or storage of materials in relation to the stream channel.
(3) Copies of any required municipal, county, state or federal permits or approvals.
(4) Other relevant information requested by the Zoning Administrator as necessary to
properly evaluate the permit application.
(c) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a certificate of
zoning compliance has been issued by the Zoning Administrator stating that the use of
the building or land conforms to the requirements of this ordinance.
(d) Certification. The applicant is 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. Floodproofing measures must be certified by a registered professional
engineer or registered architect.
(e) Record of First Floor Elevation. The Zoning Administrator must 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 floodplain. The Zoning Administrator must also
maintain a record of the elevation to which structures and alterations or additions to
structures are floodproofed.
(f) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation
of a river or stream, the Zoning Administrator must notify adjacent communities. If the
applicant has applied for a permit to work in public waters pursuant to Minnesota
Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the
notification must also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
(g) Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator must notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
Sec.18-312. Variances.
(a) Variance Applications. An application for a variance to the provisions of this ordinance
will be processed and reviewed in accordance with applicable state statutes and
Section(s) 42-165 through 42-168 of the zoning/shoreland ordinance.
(b) Adherence to State Floodplain Management Standards. A variance must not allow a use
that is not allowed 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.
(c) Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
(1) Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would
result.
(2) Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would result
in exceptional hardships to the applicant, and (iii) a determination that the
granting of a variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
(3) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(d) Flood Insurance Notice. The Zoning Administrator must 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 base or regional
17
flood level increases risks to life and property. Such notification must be maintained with
a record of all variance actions.
(e) General Considerations. The community may consider the following factors in granting
variances and imposing conditions on variances and conditional uses in floodplains:
(1) The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
(2) The danger that materials may be swept onto other lands or downstream to the
injury of others;
(3) The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary
conditions;
(4) The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner;
(5) The importance of the services to be provided by the proposed use to the
community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of viable alternative locations for the proposed use that are not
subject to flooding;
(8) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(9) The relationship of the proposed use to the Comprehensive Land Use Plan and
flood plain management program for the area;
(10) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
(f) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Spring Park City Clerk must submit hearing notices for proposed variances to the DNR
sufficiently in advance to provide at least ten days' notice of the hearing. The notice may
be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(g) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances
must be forwarded to the DNR within ten days of such action. The notice may be sent by
electronic mail or U.S. Mail to the respective DNR area hydrologist.
18
(h) Record -Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances in an
annual or biennial report to the Administrator of the National Flood Insurance Program,
when requested by the Federal Emergency Management Agency.
Sec. 18-313. Conditional Uses.
(a) Review. An application for a conditional use permit under the provisions of this
ordinance will be processed and reviewed in accordance with Section(s) 42-140 through
42-147 of the zoning/shoreland ordinance.
(b) Factors Used in Decision -Making. In passing upon conditional use applications, the
Planning Commission and City Council must consider all relevant factors specified in
other sections of this ordinance, and those factors identified in Section 18-312(e) of this
ordinance.
(c) Conditions Attached to Conditional Use Permits. The Planning Commission or City
Council may attach such conditions to the granting of conditional use permits as it deems
necessary to fulfill the purposes of this ordinance. Such conditions may include, but are
not limited to, the following:
(1) Modification of waste treatment and water supply facilities.
(2) Limitations on period of use, occupancy, and operation.
(3) Imposition of operational controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
(5) Floodproofing measures, in accordance with the State Building Code and this
ordinance. The applicant must submit a plan or document certified by a registered
professional engineer or architect that the floodproofing measures are consistent
with the regulatory flood protection elevation and associated flood factors for the
particular area.
(d) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Spring Park City Clerk must submit hearing notices for proposed conditional uses to the
DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice
may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(e) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional
uses must be forwarded to the DNR within ten days of such action. The notice may be
sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
Sec. 18-314 through Sec. 18-319. Reserved.
lut
DIVISION 9 NONCONFORMITIES
Sec. 18-320. Continuance of Nonconformities.
A use, structure, or occupancy of land which was lawful before the passage or
amendment of this ordinance but which is not in conformity with the provisions of this ordinance
may be continued subject to the following conditions. Historic structures are subject to the
provisions of Division 9 of this ordinance.
(a) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged,
or altered in a way that increases its flood damage potential or degree of obstruction to
flood flows except as provided in Section 18-320(b) of this ordinance. Expansion or
enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(b) Any addition or structural alteration to a nonconforming structure or nonconforming use
that would result in increasing its flood damage potential must be protected to the
regulatory flood protection elevation in accordance with any of the elevation on fill or
floodproofing techniques (i.e., FP thru FP4 floodproofing classifications) allowable in
the State Building Code, except as further restricted in Sections 18-320(c) and 18-320(g)
of this ordinance.
(c) If the cost of all previous and proposed alterations and additions exceeds 50 percent of
the market value of any nonconforming structure, that shall be considered substantial
improvement, and the entire structure must meet the standards of Divisions 4 or 5 of this
ordinance for new structures, depending upon whether the structure is in the Floodway or
Flood Fringe District, respectively. The cost of all structural alterations and additions
must include all costs such as construction materials and a reasonable cost placed on all
manpower or labor.
(d) If any nonconforming use, or any use of a nonconforming structure, is discontinued for
more than one year, any future use of the premises must conform to this ordinance. The
Assessor must notify the Zoning Administrator in writing of instances of nonconformities
that have been discontinued for a period of more than one year.
(e) If any nonconformity is substantially damaged, as defined in Section 18-250 of this
ordinance, it may not be reconstructed except in conformity with the provisions of this
ordinance. The applicable provisions for establishing new uses or new structures in
Divisions 4 or 5 will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe, respectively.
(f) If any nonconforming use or structure experiences a repetitive loss, as defined in Section
18-250 of this ordinance, it must not be reconstructed except in conformity with the
provisions of this ordinance.
(g) Any substantial improvement, as defined in Section 18-250 of this ordinance, to a
nonconforming structure requires that the existing structure and any additions must meet
20
the requirements of Divisions 4 or 5 of this ordinance for new structures, depending upon
whether the structure is in the Floodway or Flood Fringe District.
Sec. 18-321 through Sec. 18-329. Reserved.
DIVISION 10 PENALTIES AND ENFORCEMENT
Sec. 18-330. Violation Constitutes a Misdemeanor.
Violation of the provisions of this ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection with
grants of variances or conditional uses) constitute a misdemeanor and will be punishable as
defined by law.
Sec. 18-331. Other Lawful Action.
Nothing in this ordinance restricts the City of Spring Park from taking such other lawful
action as is necessary to prevent or remedy any violation. If the responsible party does not
appropriately respond to the Zoning Administrator within the specified period of time, each
additional day that lapses will constitute an additional violation of this ordinance and will be
prosecuted accordingly.
Sec.18-332. Enforcement.
Violations of the provisions of this ordinance will be investigated and resolved in
accordance with the provisions of Article VII of the Spring Park zoning/shoreland
ordinance/eode. In responding to a suspected ordinance violation, the Zoning Administrator and
City of Spring Park 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 of Spring Park must act in good faith to enforce these
official controls and to correct ordinance violations to the extent possible so as not to jeopardize
its eligibility in the National Flood Insurance Program.
Sec. 18 333 through Sec. 18-339. Reserved.
DIVISION 11 AMENDMENTS
Sec. 18-340. Floodplain Designation — Restrictions on Removal.
The floodplain designation on the Official Zoning Map must not be removed from
floodplain 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 regulatory flood protection elevation and is contiguous to
lands outside the floodplain. Special exceptions to this rule may be permitted by the
21
Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines
that, through other measures, lands are adequately protected for the intended use.
Sec. 18-341. Amendments Require DNR Approval.
All amendments to this ordinance must be submitted to and approved by the
Commissioner of the Department of Natural Resources (DNR) prior to adoption. The
Commissioner must approve the amendment prior to community approval.
Sec. 18-342. Map Revisions Require Ordinance Amendments.
The floodplain district regulations must be amended to incorporate any revisions by the
Federal Emergency Management Agency to the floodplain maps adopted in Section 18-244 of
this ordinance.
Section 3. Effective Date. This ordinance shall be in full force and effective
immediately upon its passage and publication.
ADOPTED by the City Council of Spring Park this 171h day of October, 2016.
CITY OF SPRING PARK
T
By'--�
ruce Williamson, Mayor
ATTEST:
By
There# Schyma, City CIA
PJa
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF SPRING PARK )
I, Theresa Schyma, being the duly qualified clerk of the City of Spring Park,
Hennepin County, Minnesota, do hereby certify that the foregoing is a true and exact
copy of Ordinance No. 16-06.
And that the same is on file and on record in my office.
Given under my hand and seal
This 2nd day of November, 2016.
Ther a Schyma
City Clerk
City of Spring Park
Hennepin County, Minnesota
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF CARVER
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
The Laker
with the known office of issue being located
in the county of:
CARVER
with additional circulation in the counties of.
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/29/2016 and the last
insertion being on 10/29/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: �1
Designated Agent
Subscribed and sworn to or affirmed before
me on 10/29/2016 by Charlene Vold.
av�-�-tir� Nam.. ►P� ac., � �..e�-�..�
Notary Public
vvwr`^N`
DARLENE MARIE MACPHERSON`
Notary Public -Minnesota
MY CommIWOr Expires Jan 31, 2019
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$15.00 per column inch
CITY OF SPRING PARK
A SUMMARY ORDINANCE
REPEALING CITY CODE
CHAPTER 18, ARTICLE VI,
FLOODPLAIN MANAGEMENT
ORDINANCE TWO DISTRICT
ONE MAP FORMAT AND
REPLACING IT WITH A NEW
SPRING PARK FLOODPLAIN
MANAGEMENT ORDINANCE
WITHIN THE CITY OF
SPRING PARK, MINNESOTA
NOTICE IS HEREBY GIVEN that
on October 17, 2016, Ordinance
No. 16-06 amending Chapter 18,
Article VI, Floodplain Management
Ordinance was adopted by the City
Council of Spring Park, Minnesota.
Due to the length of the ordinance,
the following summary ordinance
has been prepared for publication.
NOTICE IS FURTHER GIVEN
that the adopted amendment in-
cludes the following components:
Chapter 18, Article VI, Flood -
plain Management Ordinance Two
District One Map format is repealed
in its entirety.
Chapter 18, Article VI, Flood -
plain Management Ordinance is
amended to add the following com-
ponents:
Division 1. Statutory Authoriza-
tion and Purpose.
Division 2. General Provisions.
Division 3. Establishment of
Floodplain Districts including the
Floodway District for those areas
falling below the lake Minnesota
Ordinary High Water Level (OHWL)
of 929.4 feet msl; and the Flood
Fringe District for those areas
above the Lake Minnetonka OHWL
inundated by flood from a 100 year
storm event.
Division 4. Floodway District
outlining uses allowed within this
district and performance standards
regulating those uses.
Division 5. Flood Fringe District
outlining uses allowed within this
district and performance standards
regulating those uses.
Division 6. Land Development
Standards regulating land subdivi-
sions and building sites.
Division 7. Public Utilities, Rail-
roads, Roads and Bridges.
Division 8. Administration ad-
dressing permit requirements, vari-
ances, and conditional use permits.
Division 9. Non -Conformities.
Division 10. Penalties and En-
forcement.
Division 11. Amendments ad-
dressing changes to the floodplain
maps or ordinance text.
A copy of the entire ordinance is
available for inspection on the City
of Spring Park website or a printed
copy is available at Spring Park
City Hall. Any person may review
the entire printed ordinance during
regular City Hall office hours.
ADOPTED by the City Council
of Spring Park, Minnesota this 24th
day of October, 2016
/s/ Theresa Schyma, City Clerk
Published in
The Laker
October 29, 2016
614753
Ad ID 614753
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
It CENTRAL OFFICE
500 LAFAYETTE ROAD,BOX 25
SAINT PAUL,MN 55155
i ND R 651- 6-67
,�I (V 888-64646-636367
September 29, 2016
The Honorable Bruce Williamson
Mayor,City of Spring Park
4349 Warren Avenue
Spring Park, MN 55384
CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE &REQUIRED NEXT STEPS
Dear Honorable Mayor Williamson,
The Department of Natural Resources (DNR) received via email on September 22, 2016,a draft
floodplain management ordinance for the City of Spring Park from Consulting Planner Alan Brixius
with NAC Planning. This ordinance is being adopted in order to incorporate the Flood Insurance Study,
Hennepin County, Minnesota and Incorporated Areas and the accompanying Flood Insurance Rate Map
panels with an effective date of November 4, 2016.
The draft ordinance will need one minor correction to meet state and FEMA standards:
• Criteria for granting variances must be subject to the federal standards for exceptional
hardship even though state zoning enabling statutes have been changed to practical difficulties.
In§18-312(c)(2), please replace"practical difficulties" with "hardship" to comply.
Apart from the above item, the draft floodplain management ordinance is in compliance with the state
floodplain management rules (MR 6120.5000 to 6120.6200) and,to the best of my knowledge,with
the floodplain management standards of the Federal Emergency Management Agency.Therefore, in
accordance with Minnesota Statutes, Chapter 103F, I hereby give conditional state approval of the
draft floodplain management ordinance, provided the above -mentioned revisions are made.
This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of one
(1) copy each of the adopted ordinance(signed and stamped with the community seal), the
affidavit of publication, and the completed "Ordinance Certification Checklist"that I have
enclosed. Please forward these documents to Cell Strauss,the DNR's State NFIP Coordinator in St.
Paul at the address above in the header.Upon receipt and verification, Ms. Strauss will transmit one
copy of these materials to Mr.John Devine at FEMA's Chicago Regional Office.
PRINTED ON RECYCLED PAPER CONTAINING A mndnr.gov 500 LAFAYETTE ROAD•SAINT PAUL,MN 55155
MINIMUM OF 10%POST-CONSUMER WASTE AN EQUAL OPPORTUNITY EMPLOYER
Please remember, FEMA must receive a signed,certified,and in-effect ordinance no later than
November 4, 2016.To allow sufficient time for processing and transmittal,we request that you
submit the requested materials to the DNR no later than November 1. 2016. If FEMA has not
received the documentation by the map effective date, FEMA will suspend the City from the
National Flood Insurance Program.
Please be advised that any future amendments of this ordinance or change in the designation of flood
prone areas require prior approval of the Commissioner. In addition,you are required to send copies
of hearing notices and final decisions pertaining to variance,conditional uses, and ordinance
amendments to this agency. Please send those to State NFIP Coordinator Ceil Strauss at the above
address. Should you have any questions on this ordinance or related matters, please contact Ms.
Strauss at(651) 259-5713 or ceil.strauss@state.mn.us.
While our office in St. Paul will continue to be the main contact for the ordinance update,your DNR
Area Hydrologist will continue to be your main contact for day to day assistance with administering
your floodplain management ordinance and questions about other DNR water-related programs and
permits. Your Area Hydrologist is Kate Drewry,who can be contacted at 651-259-5753 or
kate.drewry@state.mn.us.
The DNR greatly appreciates your community's cooperation and initiative in providing for the
reduction of flood damages through the adoption and administration of this ordinance.
Sincerely,
Jeer fifer Shillcox
Land Use Section Supervisor
Enclosures: Ordinance Certification Checklist
ec: Dan Tolsma, City Administrator- City of Spring Park
Alan Brixius, Principal - NAC Planning
Terri Yearwood, DNR Eco-Waters' Regional Manager
Jeanne Daniels, DNR Eco-Waters' District Manager
Kate Drewry,Area Hydrologist
610412013 revision
ORDINANCE CERTIFICATION CHECKLIST
Please sign and return the checklist and all required documents to the DNR Floodplain
Program office when completed.
1. 0&,-,,e r I , t l l-- Date(s) of published hearing notice.
2. CC7(--z bP-r 101420((a Date(s) of public hearing.
3. OGhbet' P a o Date of ordinance adoption. Include 1 certified copy
of the adopted ordinance text in its entirety including the
signature of the chief elected official and the stamped seal of
the community.
4. C&Dbe,l,�Hi90Iko Date of newspaper publication of adopted ordinance. Include 1
copy of affidavit of publication of the adopted ordinance.
Publication of an ordinance summary is acceptable by statute.
5. Date of official filing of adopted ordinance with County
Recorder ( record book number and page
number). If filing of an adopted ordinance with the county
auditor is not a standard practice, please indicate"N/A."
6. IVY c) Board of Adjustment/Appeals has been established (yes or no).
Note: Cities under charter must also submit a list of any additional requirements for
hearings, notices, etc. stated in their charter and not required by statute. Please
specify:
t.
Sig ture of Cle&A- ucfltor