7.3. SR 10-17-2011`~ - REQUEST FOR ACTION
....:
River
TO ITEM NUMBER
Ci Council 7.3.
AGENDA SECTION MEETING DATE PREPARED BY
Community Development October 17, 2011 Rebecca Haug, Environmental
Administrator
erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED B)/
Request by City of Elk River for Ordinance Amendment Robert Thistle, Interim City
Regarding FEMA Maps, Case No. OA 11-02 -PublicHearirig Administrator
REVIEWED BY
ACTION REQUESTED
Staff and the Planning Commission recommend approval of the ordinance amendments as attached to
conform to Federal Emergency Management Agency (FEMA) requirements and maintain the City's
eligibility for the National Flood Insurance Program (NFIP).
OVERVIEW
In 2006, Sherburne County commenced a project to review and correct floodplain maps within
Sherburne County, including a detailed study of the Elk River and Trott Brook. The FIRM (Flood
Insurance Rate Map) Study has been completed and the new maps must be adopted by the City of Elk
River by November 16. The ordinance has been amended to comply with the rules and regulations of the
National Flood Insurance Program (NFIP) codified as 44 Code of Federal Regulations Parts 59 - 78, as
amended, in order to maintain the community's eligibility in the NFIP. The MN Department of Natural
Resources has been given the opportunity to review and provide comment regarding the amendments as
required by Section 30-1869.
Several definitions have been changed for this division only and are therefore listed in Section 30-1861.
PLANNING COMMISSION COMMENTS
The Planning Commission held their public hearing on October 11, 2011. The Commissioners had a
number of questions regarding areas impacted, flood insurance, common language among other cities,
and frequency of updates. None of these questions resulted in amendments to the ordinance.
PUBLIC COMMENTS
No comments have been received
ATTACHMENTS
^ Ordinance Revision
^ Summary resolution
^ Letter of approval
N:\Public Bodies\City Council\Council RCA\Agenda Packet\10-17-2011\fema.docx
~~eEkiaegk~ to be removed
Underlines to be added
ORDINANCE NO. I I -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-I, DEFINITIONS, AND PORTIONS OF CHAPTER 30, ARTICLE VI,
DIVISION 1 I, FLOODPLAIN MANAGEMENT, OF THE ELK RIVER,
MINNESOTA, CITY CODE ALL PERTAINING TO FLOODPLAIN
MANAGEMENT
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1 of the City of Elk River Code of Ordinances, titled Defuutions,
shall be amended to add or amend the following defuutions, as follows:
Conditional f se means uses specifically designated in each zoning use district which maybe permitted in such
use district only by a conditional use permit, unless otherwise defined in another division (for example,
floodplain management)
Flood fringe means that portion of the floodplain outside of the floodway. The term "flood fringe" is
synonymous with the term "floodway fringe" •~~~~' '~ ~'~~ ""~~ "'~""~~~~~'`"`'`- `~` `u ~ ~i~; ased in the Flood
Insurance Study,, Sherburne County. Minnesota And Incorporated Areas.
I.oa~~pst Flour -means the lowest floor of the lowest enclosed area iincluciing basement's. An unf'lnisl~ed or.
flood resistant enclosure used solels~ for parking of velxicle~ builclin#> access or Ctora~e in ~n area other than
a basement area is not considered a lniildin~'s lowest floor.
Manufactured home, unless otherwise defined in another division (for example floodplain management), means a
structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling
mode is eight feet or more in width or 40 feet or more in length, or, when erected on-site, is 320 or more
square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical system contained in it. A manufactured home is a dwelling._ The term
`manufactured home' does not include the term `recreational vehicle'.
Principal Ure or ~tructarre-me~nfi all uses or structures that are not accessory uses or. structures.
Kecr~ational Vel~i~le - means a vehicle that is built on a single chassis is .400 square feet or less when measured
at the largest horiiontal projection, is desigY~ed to be self-t~ropelleci ar permanently towable b~;~ a light duty
tnicl~, and i5 design,. ed primarily not for use as ~ permanent dwelling but as temporai-~- living_cluarters for
recreational, can~pino~~, or season)) use The term recreational vehicle shall be synonymous v7th the
term travel trailer or tray-e1 vehicle
(~ is not used as the residence of the o«azer or occupant;
~~-is used while en~7asTed in recreational or vacatio.ti activities; and
(3~ is either self-propelled or towed on the. high«=a~>s incidental to the recreational or
vacation. activities.
. -
Structure unless otherwise defined in another division (for example, floodplain management) as used in article
VI of this chapter, means anything constructed or erected, the use of which requires more or less permanent
location on the ground or attachment to something having a permanent location on the ground. When a
structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.
tT --a~F- ~~ ~', ~r ~'~' ~l- -~u~u .Variance. unless
othei~7se defined in another division (for example, floodplain management) means a modification or
variation of the provisions of this chapter as provided in section 30-325.
Section 2. That Section 30-1861 of the City of Elk River Code of Ordinances, titled
Definitions shall be amended to read-a:: add the followizlgs:
C'or°d°t~nrxi rase `vhen used in this Division 11 zrzeans z Specific type of structure or land use: listed in the official
control that may be 'allowed but only after an in-depth recriew procedure and ~`ith appropriate conditions or
restriction, as prop-ided in the offleial coning controls or building eode.s and upon a findiu tg laat:
a. ('ertain eoraditions as detailed in the zoning orelinanee exist.
b "I~he structure and) or land use cc>nforzn to the comprehensive land use plan and are. compatible.
~vitlz tl~e existing tzeighborliood.
,~
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llcat~~afcactuyed br~sne means z Structure transportable in one or more sections ~~>hich is built on a permanent
chassis anti is designed for use utith or ~ti~ithout permanent foundation when attached t:o the required utilities.
The term `manufactured home' does not include the term `recreational vehicle'.
T
~. ~z,,. ,.. ,.z :~,. ,., ,.r, ,.a,
S't~~rctrare~«-hen used in Divi`ic>n 11 of this Article means anything constructed or
erected on the ,ground or att~checi to the mound or on-site utilities~i~chiding; but not united to buildings,
factories sheds detached g,~ra~es cabins rnanufactaued homes, recreational vehicles not nzeetizzg criteria
specified in section 1935 of this Ordinance and other similar items.
Srtb~trrntial I~~an~a~e as used in this division means damage of any origin sustained by a strcucture where the
cost of restoring the Structure to it before damaged condition would equ31 or exceed 50 percent of the market
value of the structure befc>re the damage occurred.
S'T~b~trtttti<ti" Im~rovernettt, as zzsed in this di~~ision means, d~~ithin az~- 365-day period, arzv reconsttzzctiotz,
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 strazctazre. before. the
"start of construction" of the improvement This term i7cludes structures that have incurred "substantial
damage" re~az•dless of the actual repair tvotk perfc>rrrzed The term does nc}t however inclzzcle either:
a An~rofect for improvement of a structure to correct existing violations of state or local health,
sanitar~,c>r safety code speciizcatlons ~~-lzich 13ave been identified by t1-ae Building Official and which. are the
minimum necessary to assure safe living conditions.
b 'env alteration of an "~~istoric stn~cture" provicleci that the. alteration will not precluclc: t:h<:
~tnzct~tre's cc>rttinued designation as atl "historic stt-txcture". For the purpose c>f thiis division `historic
~tnacture" shall be defined in 44 (;ode of Federal 1Zettulations. part 59.1.
~Tariance when used in Division '11 of this article n~eam a modification of a specific permitted develottment
standards rewired in an official control incluclin~ this ordinance but only as applied to a particular p.ropern-
for the purpose ctf alleviating a hardship t~ractical difficultc- or unique circumstances as defined and
elaborated upon in a communit<'s respective planning and zoning enabling lei slation.
Section 3. That Section 30-1863 of the City of Elk River Code of Ordinances, titled Findings
shall be amended to add subsection (c) as follows:
i cl This civision is adopted to comt~ly t~-ith the Hiles at~d regulations of the National Flood Insurance
Program codified as 44 Cc>cle of Federal Regulations Parts 59__-_7~3 as amended so as to maiiztain the Citt-'s
eli~ibilit~ in the National Flood Insurance I'ro~ram.
Section 4. That Section 30-1865 of the City of Elk River Code of Ordinances, titled Lands to
which division applies, shall be amended to read as follows:
This division shall apply -only to those lands within the jurisdiction of the city shown on the official
zoning map and/or the attachments thereto as being located within the boundaries of the floodway or flood
fringe districts.
Section 5. That Section 30-1866 of the City of Elk River Code of Ordinances, titled
Compliance with Division, shall be amended to read as follows:
No new structure or land shall hereafter be used and no structure shall be constructed. located, extended,
converted, or structurally altered without full compliance with the terms of this division and other applicable
regulations which apply to uses within the jurisdiction of this division. Within the floodway and flood fringe
districts, all uses not listed as permitted uses or conditional uses in sections 30-1912 and 30-1913, respectively,
shall be prohibited.
Section 6. That Section 30-1867 of the City of Elk River Code of Ordinances, titled
Zoning map adopted, shall be amended to read as follows:
The official zoning map together with all materials attached thereto is hereby adopted by reference and
declared to be a part of this division. The attached material shall include the Flood Insurance Study,
Sherburne County, Minnesota- Amend Incorporated Areas, the Map Index for Flood Insurance Study.
Sherburne Count, Minnesota -~~nd Incorporated Areas with Map Number 27141CIND0 A p~e~~
-x,,,~___ ~_____ ___ __ ____ _ no ~; s~~~~; axxa and the Flood Insurance Rate Map pane s
a----~ - ---a------ --a---->> - - ~
therein, , _ , numbered 2714100270 FE, 2714100295 F. 2714100360 FE, 2714100370
€F, 2714100380 EF 2714100385 EF 2714100390 EF 2714100395 EF, and 2714100410 ~F all of these
documents being dated November 16~ 2011 and prepared by the Federal Emergency Management Agency.
The official zoning map shall be on file in the office of the city clerk.
Section 7. That Section 30-1869 of the City of Elk River Code of Ordinances, titled
Amendments, shall be amended to read as follows:
(a) The floodplain designation on the official zoning map shall 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
~e;~~ regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special
exceptions to this rule may be permitted by the state Commissioner of Natural Resources if he determines
that, through other measures, lands are adequately protected for the intended use.
(b) All amendments to this division, including amendments to the official zoning map, must be submitted to
and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning
map must meet the Federal Emergency Management Agency's technical conditions and criteria and must
receive prior approval from the Federal Emergency Management AgencyT before adoption. The
Commissioner of Natural Resources must be given ten days' written notice of all hearings to consider an
amendment to this division, and the notice shall include a draft of the ordinance amendment or technical
study under consideration.
Section 8. That Section 30-1870 of the City of Elk River Code of Ordinances, titled
Interpretation of division, determination of boundaries of districts, shall be amended to read as follows:
(a) In their interpretation and application, the provisions of this division shall be held to be minimum
requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation
or repeal of any other powers granted by state statutes.
(b) The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map.
Where interpretation is needed as to the exact location of the boundaries of the district as shown on the
official. zoning map, as for example where there appears to be a conflict between a mapped boundary and
actual field conditions, and there is a formal appeal of the decision of the
Land Development Staff, the Board of Adjustments shall make the necessary interpretation. All decisions will
be based on elevations on the regional (100-year) flood profile~he ground elevations that existed on the site
at the time the city adopted its initial floodplain regulations or on the date of the first National Flood
Insurance Program map showing the area w7thin the 100-year flood plain if earlier. and other available
technical data. Persons contesting the location of the district boundaries shall be given a reasonable
opportunity to present their case to the Board of Adjustments and to submit technical evidence.
Section 9. That Section 30-1871 of the City of Elk River Code of Ordinances, titled Effect of
division on existing easements, covenants or deed restrictions, shall be amended to add subsection (c) as
follows:
~It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this division imposes greater restrictions, the provisions of this division shall
c-errt~el revail.
Section 10. That Section 30-1872 of the City of Elk River Code of Ordinances, titled Warning
and disclaimer of liability, shall be amended to read as follows:
This division 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 division shall not create liability on the part of the
city or any officer or employee thereof for any flood damages that result from reliance on this division or any
administrative decision lawfully made thereunder.
If andsection clause provision or~ortion of this division is adjudged unconstitutional or invalid by a court
of competent jurisdiction the remainder of this division shall not be affected thereby.
Section 11. That Section 30-1873 of the City of Elk River Code of Ordinances, titled Penalty;
additional remedies, shall be amended to read as follows:
(a) Violations of the provisions of this division 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, shall constitute a misdemeanor and shall be punishable as defined by law.
(b) Nothing contained in this division shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include but are not limited to the following:
(1) In responding to a suspected violation, the Land Development
Staff and the city may utilize the full array of enforcement actions available to the city, 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 violations to the extent
possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(2) When a violation is either discovered by or brought to the attention of the Land Development
Staff ~ b ,the Land Development Staff 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 state
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.
(3) The Land Development Staff shall notify the suspected party
of the requirements of this division 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 Land
Development Staff 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 Land Development Staff ~ b 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) If the responsible party does not appropriately respond to the Land Development Staff lxg
within the specified period of time, each additional day that lapses shall constitute
an additional violation of this division and shall be prosecuted accordingly. The Land Development Staff
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 division.
Section 12. That Section 30-1874 of the City of Elk River Code of Ordinances, titled
Miscellaneous restrictions, shall be amended to read as follows:
(a) Manufactured homes and travel trailers. New manufactured homes, replacement manufactured homes and
certain travel trailers and travel vehicles are subject to the general provisions of this division, and specifically
section 30-1)35
(b) Nonconforming structures and uses. Modifications, additions, structural alterations. normal maintenance
or repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures
or land are regulated by the general provisions of this division, specifically section 30-1915
(c) Certification of elevation and flood_proofmg. As-built elevations for elevated or flood_proofed structures
must be certified by ground surveys, and flood_proofing techniques must be designed and certified by a
registered professional engineer, architect, or surve}Tor as specified in the general provisions of this division,
specifically as stated in section 3E}-1892.
Section 13. That Section 30-1891 of the CitS~ of Elk River Code of Ordinances, titled Duties of
building and zoning administrator,- shall be amended to read as follows:
Sec. 3t)-1891. -Duties of Land Development Staff
(a) The Land Development Staff of the city shall administer and enforce
this division. If the Land Development Staff finds a violation of the
provisions of this division, the Land Development Staff shall notify the
person responsible for such violation in accordance with the procedures stated in section 3t)-18%3
(b) The Land Development Staff shall 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 Land Development Staff -shall also maintain a record of
the elevation to which structures or alterations and additions to structures are flood_proofed.
Section 14. That Section 30-1892 of the City of Elk River Code of Ordinances, tided Permits
and certificates, shall be amended to read as follows:
Sec. 3t}-"1892. - Permits and certificates
(a) Permit required. A permit issued by the Land Development Staff ad~~in
conformity with the provisions of this division shall be secured prior to the erection, addition, modification,
rehabilitation, replacement (including normal maintenance and repaid or alteration of any building, structure,
or portion thereof, prior to the use or change of use of a building, structure, or land, prior to the construction
of a dam, fence, or on-site septic system, prior to the change or extension of a nonconforming use prior to
the repair of a structure that has been damaged by flood fire tornado or any other source, and prior to the
placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
Where required by this division or any other provision of this article, such permits may require prior review
and approval by the planning commission and city council.
(b) Application for permit. Application for a permit shall be made in duplicate to the ~ ~g
ad~~rt~ Land Development Staff-_on forms furnished by the Land
Development Staff- and shall include the following where applicable: plans in duplicate drawn to scale,
showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill or
storage of materials; and their location of the fore~oin~ in relation to the stream channel.
(c) State and federal permits. Prior to granting a permit or processing an application for a conditional use
permit or variance, the Land Development Staff shall determine that the
applicant has obtained all necessary state and federal permits.
(d) Certificate of zoning compliance. It shall be unlawful to use, occupy, or permit the use or occupanry of
any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in
its use or structure until a certificate of zoning compliance shall have been issued by the
ad~~e~ Land Development Staff-stating that the use of the building or land conforms to the
requirements of this division.
(e) Construction and use to comply with approved plans. Permits, Conditional Luse I'permits, or certificates
of zoning compliance issued on the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and applications, and no other use,
arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be
deemed a violation of this division and punishable as provided by section 30-18%3
(~ Certification of elevation and flood_proofmg. 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 division. Flood_proofing
measures shall be certified by a registered professional engineer or registered architect.
(~) Record of First Floor Elevation The Land Development Staff shall maintain a record of the
elevation of the loa~est floor~inchiding basement) of all new strictures and alterations or additions to existing
structures in the Hood plain The Land Development Staff shall also maintain a record of the elevation to
which structures or alterations and additions to structures are flood proofed.
(hl Notifications for ~~%atercourse Alterations. The Land Development Staff shall notify. in riverine
situations adjacent communities and the Commissioner of the Department of Natural Resources prior to the
community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit
to work in the beds of~ublic waters pursuant to ItiZinnesota Statute Chapter 103G, this shall suffice as
adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be
submitted to the Chicago Regional Office of the Federal Emergency Management Agenc~FEMAI.
,(ij Notification to FEI\~IA `~-'hen Physical Changes Increase or Decrease the 100-year Flood Elevation. As
soon as Practicable but not later than sip ~ months after the date such supporting information becomes
available the Land Development Staff shall notify the Chicago Regional Office of FEMA of the changes by
submitting a copy of said technical or scientific data.
Section 15. That Section 30-1893 of the City of Elk River Code of Ordinances, titled Board of
Adjustments; appeals and variances, shall be amended to read as follows:
Sec. 30-1893. -Board of ~'3diustinents: appeals and. variances.
_, ..
(a) Powers and duties of Board of Adjustments. The Planning Commission, which serves as the Board of
Adjustments under this article pursuant to subdivision II of division 2 of this article, shall be the Board of
Adjustments under this division-, with the following powers and duties:
(1) The Board of Adjustments shall hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an administrative official in the enforcement or
administration of this division.
(2) The Board of Adjustments shall hear and decide requests for variances from the provisions of
this division pursuant to the standards set forth in this section.
In exercising these powers and duties, the City Council shall follow the procedures, rules and regulations
established in subdivision II of division 2 of this article.
(b) Rules. The Board of Adjustments shall adopt rules for the conduct of business and may exercise all of the
powers conferred on such boards by state law.
(c) Variances generally. The Board of Adjustments may authorize upon appeal in specific cases such relief or
variance from the terms of this division 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 subdivision II of division 2 of this article. In the granting of such variance,
the Board of Adjustments shall clearly identify in writing the specific conditions that existed consistent with
the criteria specified in subdivision II of division 2 of this article which justified the granting of the variance.
- . ..
~; ~.
(d ~Iin addition to the criteria set forth in Division 2 subdivision II :~~Tof this article..- t~'he
following additional variance criteria of the Federal Emergency Management Agency must be satisfied for the
issuance of a variance for an~properttr i~7thin any clesignltecl regulator~° lloodplain:
,~
1 1. L1 ^t- ' z7tiaE~. ies'cirr
-- - -- - -- ..a„
( Variances shall only be issued upon a showing of good and sufficient cause. and a determination
that failure to grant the variance would result in exceptional hardship to the applicant, and a
2 a determination the granting of a variance will not result in increased flood heights, additional
threats to public safety; extraordinarypublic expense create nuisances cause fraud on or victimization of the
public, or conflict with exiting local laws or ordinances.
3 Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard. to afford relief.
4 Nn Variance shall have the effect of alto«~ng in any district uses prohibiting in that district, permit
a loz~-er degree of flood protection than the regulztorn- flood protection elevation for the particular area or
permit standards lo~vet: than those .~:equired by,_st:ate law.
(ems) Hearings.
j~T~The Land Develo ment Staff -shall submit b mail to the state Conunissioner of Natural
~:~~- - p Y
Resources a copy of the application for proposed variances sufficiently in advance so that the conunissioner
will receive at least ten days' notice of the hearing on the variance.
(f) Decisions; restrictions on variances.
..
-°' ' - ~ - ~ ~ ~;~ ~" - _ '-~ .. In granting a variance, the Board of
~, ,...
Adjustment may prescribe appropriate conditions and safeguards, such as those specified in section 3{?-
191~(3), which are in conformity with the purposes of this division. Violations of such conditions and
safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of
this division punishable under section ;>~)-1873.-_A copy of all decisions granting variances shall be forwarded
by mail to the Commissioner of Natural Resources within ten days of such action. No variance shall be
granted which the City Council determines has or will have a tendenry to:
(1) Increase the height or duration of floodwaters.
(2) Result in the placement of an artificial obstruction which will restrict the passage of floodwaters
in such a manner as to increase the height of flooding.
(3) Result in incompatible land uses or uses which would be detrimental to the protection of surface
water and groundwater.
(4) Increase the financial burdens imposed on the community land areas within the city.
(5) Be not in keeping with land use plans and planning objectives for the city or which will increase
or cause danger to life or property.
(6) Be inconsistent with the objectives of encouraging land uses compatible with the preservation of
the natural landforms, vegetation and the marshes and wetlands within the city.
(7) Include development of land and water areas essential to continue the temporary withholding of
rapid runoff of surface water which presently contributes to downstream flooding or water pollution or for
land and water areas which provide groundwater infiltration which diminishes the land area necessary to carry
increased flows of storm_water following a period of heavy precipitation.
(g) Appeals from decisions of board. Appeals from any decision of the board may be made as specified in-tl~e
~°--'~ ~~'~~~,' ~~..~°-~': this article and Minnesota statutes.
(h) Flood insurance notice; records and reports. The Land Development Staff
ad~ta~_shall notify the applicant for a variance that 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
$25.00 for $100.00 of insurance coverage, and that 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.
Section 16. That Section 30-1911 of the City of Elk River Code of Ordinances, titled Districts,
shall be amended to read as follows:
Sec. 3{)-1911. -Districts.
(a) Established. The floodplain areas within the jurisdiction of this division are hereby divided into two
districts: floodway districts (FW) and flood fringe districts (FF). The boundaries of these districts are shown
on the Federal Emergenry Management Agency flood'~~~~~~ ~'~°;- -~'' n~~a-_.,.-- insurance rate maps for the
city or as defined u7 Section 30-1911 (b) and (c1.
(b) Floodway District. The floodway district shall include those Zone AE areas designated as floodway on the
flood insurance rate map adopted in section 30-1867. The Floodway District shall also include fliose areas for
~~'est T«rin Lake that are at or below the Ordinary High ~X'ater Level of 927.1 (National Geodetic Vertical
Datum, 1929 Adjustment).
(c) Flood Fringe District. The flood fringe district shall include those areas designated as floodwa,= f~ge,°
those areas designated as zone AE on the Flood Insurance Rate Map adopted in section 30-1867 but being
located outside of the floodway., and those Zone A areas adjacent to ~~'est Twin Lake above the ordinary
high-water level of 9?7 1 (National Geodetic Vertical Datum 1929 Adjustment) and at or belo~~= the regional
flood elevation of 929.1 (National Geodetic Vertical Datum, 1929 Adjustment).
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(d) Applicability of other zoning regulations. The zoning districts as designated on the zoning map of the city
shall remain unchanged with the adoption of this division. The provisions of this division, including the
designation of floodplain areas, shall be in addition to all other provisions of this article. Whenever conflicts
occur between other provisions of this article and provisions of this division, the most restrictive provisions
shall apply.
Section 17. That Section 30-1912 (c) of the City of Elk River Code of Ordinances, titled
Floodway district, Conditional Uses generally shall be amended to insert subsection c as follows:
(c) Conditional uses generally. The following open space uses which require only accessory structures
(temporary or permanent) or fill or storage of materials or equipment may be permitted in the floodway
district only upon application to the Land Develo ment Staff-_~d~~a~and the
issuance of a conditional use permit by the City Council as provided in section 30-191. These uses are also
subject to the provisions of subsection (d) of this section, which applies to all floodway conditional uses:
Section 18. That Section 30-1912 (c) of the City of Elk River Code of Ordinances, titled
Floodway district, Conditional Uses, to replace subsections 6 and 7 as follows:
(6) Placement of fill or construction of fences.
(7) Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial
or condominium tie campgroundsY'" ' ~' a ' ' ~ ' ,subject to the exemptions and
provisions of section 30-1935(c).
Section 19. That Section 30-1912 (d) of the City of Elk River Code of Ordinances, titled
Floodway district, additional standards for conditional uses, to replace subsection 4 as follows:
(4) Placement or storage of fill or similar material.
Section 20. That Section 30-1912 (d) of the City of Elk River Code of Ordinances, titled
Accessory structures, to replace subsection 5 c to read as follows:
1. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the
structure and shall be designed to equalize hydrostatic flood forces on exterior walls
2. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood
protection elevation or properly flood_proofed: and:
3 To allow for the equalization of hydrostatic pressure there must be a minimum of tti-o "automatic"
openings in the outside walls of the structure having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding. 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 Lasing human intervention to open a garage door prior to flooding will not satis T this
requirement for automatic openings.
Section 21. That Section 30-1913 (e) 1 b 1 of the City of Elk River Code of Ordinances, titled
Flood fringe district, standards for above grade enclosed areas shall be amended to add to read as follows:
1. The minimum area of openings in the walls where internal flooding is to be used as a flood_proofing
technique. ,
.There shall be a
minimum of t~vo automatic openings on at least t~vo sides of the stricture 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 ever~~ 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 o8penings
may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters without any form of human intervention.
Section 22. That Section 30-1913 (e) 4. of the City of Elk River Code of Ordinances, titled
Flood fringe district, Storage of Fill or similar material shall be amended to read as follows:
(4) Storage of fill or similar material. When at any one time more than 1,000 cubic yards of fill or other similar
material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations,
landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation
control plan must be submitted unless the city is enforcing astate-approved shoreland management
ordinance. r i. ..~. ..~.. ~_ ..a ..i... ,.i..~a ..a; i ~,... __ ..~,.,...~ :~..__ a_~a..
°11 " ~ ~ y ~r~
.The
plan must be prepared and certified by a registered professional engineer or other qualified individual
acceptable to the City Council. The plan may incorporate alternative procedures for removal of the material
from the floodplain if adequate flood warning time exists.
Section 23. That Section 30-1913 (e) 5. of the City of Elk River Code of Ordinances, titled
Flood fringe district, Storage of fill or similar material, shall be amended to read as follows:
(5) Placement or sStorage of materials and equipment.
Section 24. That Section 3Q-1914 of the CitS~ of Elk River Code of Ordinances, titled
Conditional Uses, shall be amended to read as follows:
Sec. 30-1)1.4. -Conditional. uses.
Conditional L-se Permits Generall;_
~pnlication for conditional use permits as required lie this division shall be reviewed by the Plannitit?
Commission and Litt- Council in the. same inarner and according to the. same procedures as other
at~Ulications recei~-ed under Subdivision III Division 2 of this article. In addition, conditional uses in the
floodwav and flood frit~e districts shall be subject to t}~e standards and procedures set forth Belo«
(b` 1~nlication for Conditional Lase:
In addition to the requirement` of Subdivision TII division ~ of this article the Cirn shall:
(1`, Rec~ui~e the athe pt~lieant to furnish such of the fc>Ilot~-ing information and additional infon~iation as
deemed necessan- b~- the I and Development `toff for cietermining_the stutabilit ~ oy f" tl~e.,,part:ieular. site for the
n~oposed use;
a Plans in triplicate dra~~~s1 to scale sho«~n~?. the nature, loc:atiorx dimensions and elev attic}n
of the lot existing or proposed structures, fill, storage of materials flood proofing measures and the
relationship of the above to the location of the stream channel: and
b Specifications for building constriction and materials, flood proofing filling-, dred~ina
rg aduag, channel improvement storage of materials water Supply and ~anitar~- facilities.
--S?~ Transmit one copy of the information described in subsection (1; to a designated engineer or
other expert person or agency for technical assistance, where necessary in evaluating the proposed project in
relation to the flood heights and velocities, the seriousness of flood damage to the use. the. aclec~uacy of the
plans for protection, and other technical matters
~~ Based upon the technical evaluation of the designated engineer or evert the Cif;- shall deten~rine
the specific flood hazard at the site and evaluate the suitabilitc of the proposed use ix1 relation. to the 7.oocl
hazard.
(c) 'Notices In addition to the: notice requirements set forth in subdivision III of division 2 of this article. the.
I and Development Staff shall submit by mail to the state Commissioner of Natural Resources a cop ~ o~ . f the
~p~lication for proposed conditional use sufficiently in advance so that the commissioner will receive at least
ten. da~;s' notice of the hearita~.
(dl Decisions The C'irn Council shall arrive at a decision on a conditional use ~ti~it1~1 sixt~~jC{}) days unless an
extension is apbroc-ed as allowed by state statute. In granting a conditional use permit, the Cite Council shall
prescribe appropriate conditions and safeguards in addition to those specified in Subsection ( of this
division, which are in conformity `~~ith the~aurposes of this ciiz~ision Violations of such conditions and
safes~nzards ~~°hen made a Dart of the terms under ~-hich the conditional use hermit is ~ anted, shaIl be: cleemc:ci
z violation of this dig isiorz ~utai~h"able utzder ~ecti«n 3t3-18 3 ~ co~~ of all deci~ion~ ~;ranynn conditional use
hermits shall be for«-arded by mail to the Commissioner c>f Natural Resources «-ithin ten (1 t}` days of such
action.
y"el Criteria for 3 z~Zroz°al In lZascin~ Canon conditional use ~IZtzlication~ the citt- shall consider all relei-atzt
factors slZecified in other sections of this dig-ision. and:
(1` T11e danger to life and ~rolZert~- due to itzcrea;ed flood heights or ~-elocities caused by
encroachments.
~?;; Tl]e dara~er th~.t materials m1y be s~ve~ onto other lands c>r doavnstreatz~ to the injtart- of others.
or ma~~ block bridges. culverts or other hydraulic structures.
(3; Thy lzro~osed ~~-titer sulZ1~1~- and sanitation systems and the abilitt~ af-these st-stenas to l~reti-etzt
disease contamuzation. atzd unsarzitar~- condition;:.
(~; "I'he suscelZtibilitc* of the laro~osecl facility anti its cotztents to flood damage and the effect of such
damage on the individual owner.
~; The importance of the set-~-ices ~m~~ded ba the ~rn~osed facili~- to the comtnunit<-.
r(i; The re~cuirements of the facilitt- for a ~vaterfrotzt location.
t7~ 'I1ze availability- of alternative locations not suhiect to tlooclin~ for the ~ro~osecl tzsc.
(8`, The coml~aribilitl~ of the~rol~osed use z~zth esistit~ develolZtzzent and de~-elolZment anticilzated in
the foreseeable future..
(9) The rel"at7onshi~ of the lzrc>fZOSed rase to the conz~Zrehensice flan atzd flaad~lain matza gel„ metzti
nro~ram for the area.
(1 tl) The safetG- c>f acce,s to the lzro~Zerty itz time, of t~loc}d for ordiraarr arcd emer~7enc~- vehicles.
~11~ "I"he e~lZected heights velocity duration rate of rise., and sediment transport of the tlooclu-titers
ex~ectecl at the site..
(12'} Such other factors which the City= determitzes are relevant m the ~ZUrlZOSes of this division.
(fl ~uthorin~ to impose conditions Lt~on considerztion of the factors listed in subsection (fl of this section
and the lnir~ose of this division the citescouncil shall attach such conditions ro the 7r~, tinting of conditional
use hermits as it cleetns necessar;- to fulfill the ~urlZOSes of this dit-isian. Such conditions may include, but are
not: limited to. the folk»rin~:
_„(1~ 1~-lodification of waste. treatment and water sul~lZiy facilities.
(2) I.imitatic}ns on ~eriocl of case occttpanc~~ and olzeration.
i` ImlZOSition of o~eration"al controls sureties and deed restrictions.
(4` Requirements for construction of channel moclificatians, compensators-storage, dikes, levees. and.
other protectiti e measures.
(5~ Flood proofuig mea>ures, in accordance «ith the state building code and. this cltvisieln. The.
applicant shall submit a plan or document certified by ~ regi,tered professional engineer or architect that the
flood proofing measures are consistent ~virh the regulators- flood protecting elevation at~d associated flood
factors for the particular area.
Section 25. That Chapter 30-1915 of the City of Elk River Code of Ordinances, titled
Nonconforming structures and uses, shall be amended- to read as follows:
Sec 30-1915. -Nonconforming structures and. uses.
A structure or the use of a structure or premises which was lawful before the passage or amendment of the
ordinance from which this division is derived, but which is not in conformity with the provisions of this
division, may be continued subject to the following conditions:
(~1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
(2) Any alteration or addition to a nonconforming structure or nonconforming use which would result in
increasing the flood damage potential of that structure or use shall be protected to the regulatory flood
protection elevation in accordance with any of the elevation on fill or flood_proofmg techniques (i.e., FP-1
through FP-4 flood_proofing classifications) allowable in the State Building Code, except as further restricted
in subsection (3) and subsection (61 of this section.
(3) The cost of any structural alterations or additions 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 section
are satisfied. The cost of all structural alterations and additions
must be calculated into the current cost, which will include all costs such as cost of
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 section 30-1912 or 30-1913 for new structures,
depending upon whether the structure is in the floodway or flood fringe, respectively.
(4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building
premises shall conform to this division. The Land Development Staff shall
be responsible for recording in writing instances of nonconforming uses which have been discontinued for a
period of 12 months and shall also be responsible for providing written notification of the discontinuance of
use to the appropriate party. The Assessor shall notify the Land Development Staff in writing of instances of
nonconforming uses that have been discontinued for a period of 12 months.
(5) If any nonconforming use or 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 division. The applicable provisions for establishing new uses or new
structures in sections 3t1-191.2 and 30-19"1.3 will apply, depending upon whether the use or structure is in the
floodway or flood fringe district, respectively.
If a substantial improvement occurs as defined in this division. from any combination of a buildu~~
addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration. or
other improvement to the inside dunensions of an existing nonconforming building, then the building
addition and the existing nonconforming building must meet the requirements of Sections 30-1912 or 30-
1913 of this division for new stivchzre~ depending uoon whether the stricture is in the Floodwa`~ or Flood
Fringe District. respectivelj-.
Section 26. That Section 30-1931 of the City of Elk River Code of Ordinances, titled
Subdivisions shall be amended to read as follows:
Sec;. 30-1.931. -Subdivisions.
(a) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding or inadequate
drainage, water supply or sewage treatment facilities. All lots within the flood_plain districts shall contain a
building site outside of the Floodwav District at or above the regulatory flood protection elevation. All
subdivisions shall have water and sewage treatment facilities that comply with the provisions of this division
and have road access both to the subdivision and to the individual building sites no lower than two feet below
the regulatory flood protection elevation. For all subdivisions in the flood_plain, the floodway and flood
fringe district 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.
Section 27. That Section 30-1935 of the City of Elk River Code of Ordinances, titled
Manufactured homes and manufactured home parks; placement of travel trailers and travel vehicles shall be
amended to read as follows:
Sec 30-1)35 - Manufactured homes and manufactured home park5• t-slacement of travel trailers and travel
vehicles.
(a) New manufactured home parks and expansions to existing manufactured home parks shall be subject to
the provisions placed on subdivisions by section 30-"1931
(b) The placement of new or replacement manufactured homes in existing manufactured home parks or on
individual lots of record that are located in floodplain districts will be treated as a new structure, and they may
be placed only if elevated in compliance with section 30-1913. If vehicular road access for preexisting
manufactured home parks is not provided in accordance with section 30-1913(f)(1), then replacement
manufactured homes will not be allowed until the property owner develops a flood warning emergency plan
acceptable to the city council. 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 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.
(c) Recreational''"~~--~' `°~''~°~ ~~a `°°__~' vehicles that do not meet the exemption criteria specified in
subsection (c)(1) of this section shall be subject to the provisions of this division and as specifically spelled
out in subsections (c)(3) and (4) of this section.
(1) Recreational T'°~--~' `°~"~°• ~~a ~°--_~' vehicles are exempt from the provisions of this di`rision if
they are placed in any of the areas listed in subsection (c)(2) of this section and further if they meet the
following criteria:
a. The recreational ~°°--~' ~°~~'~° ~° `°~°-~' vehicle shall have current licenses required for
highway use.
b. The ~°~__,.' ...,.a,....... ~...._-..' recreational vehicle shall be highway ready, meaning on wheels
or the internal jacking system, be attached to the site only by quick-disconnect type utilities commonly used in
campgrounds and trailer parks, and have no permanent structural type additions attached to it.
c. The ~°-__..~ ~....:~.... ~.. ~..,.__,.~ recreational -vehicle and associated use shall be permissible in
any preexisting underlying zoning use district.
(2) The following areas are exempted for placement of trecreational vehicles:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle parks or campgrounds.
c. Existing condominium type associations.
(3) Recreational vehicles. "'-'°-__,.' ~..,.:'....,...~a ~..,.__..' __,.i.:..',... exempted under subsections (c)(1) and c
~Z~ of this section lose this exemption when development occurs on the parcel exceeding $500.00 for a
structural addition to the recreational ~~~-_..~ ~..,.:~,....... ~....__..~ vehicle or an accessory structure such as a garage
or storage building. The recreational ~°~°~' `°~''~° ~° ~°~--~' vehicle and all additions and accessory structures
will then be treated as a new structure and shall be subject to the elevation/flood_proofing requirements and
the use of land restrictions specified in sections 30-1912 and 30-1913. There shall be no development or
improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the
recreational vehicle to a flood free location should flooding occur.
(4) New commercial recreational ~~~--~' `°-''~° ~° `°~-_~' vehicle parks or campgrounds and the
expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following:
a. Any new or replacement recreational ~°~__,.~ ~....:~,... ~.......__,.~ vehicle will be allowed in the
floodway or flood fringe districts, provided the recreational ~~ •~vehicle and its contents are placed on fill
above the regulatory flood protection elevation and proper elevated road access to the site exists in
accordance with section 30-191.30(1). No fill placed in the floodway to meet the requirements of this section
shall increase flood stages of the 100-year or regional flood.
b. All new or replacement recreational'-°~--~' `°~~'~°~ ~° `°°--~' vehicles not meeting the
criteria of subsection (c)(4)a of this section may, as an alternative, be allowed as a conditional use if in
accordance with the following provisions and the provisions of section 30-1914. The applicant must submit
an emergenry plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall
be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time
and personnel exist to carry out the evacuation, and shall demonstrate the provisions of subsection(c)f 1L
this section will be met. All attendant sewage and water facilities for new or replacement ~°°__.., ~..,.:i,.... ~..
esker-recreational vehicles must be protected or constructed so as to not be impaired or contaminated during
times of flooding in accordance with section 3C)-1934
Section 28. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 17th day of
October , 2011-.
John J Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
RESOLUTION I I -
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF
SUMMARY PUBLICATION OF ORDINANCE #I I-_
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-I, DEFINITIONS, AND PORTIONS OF CHAPTER 30,
ARTICLE VI, DIVISION I I, FLOODPLAIN MANAGEMENT, OF THE ELK
RIVER, MINNESOTA, CITY CODE ALL PERTAINING TO FLOODPLAIN
MANAGEMENT
WHEREAS, on October 17, 2011 the Elk River Ciry Council adopted Ordinance No. 11-
_ amending Section 30-1, Definitions, and portions of Chapter 30, Article
VI, Division 11, Floodplain Management, of the Elk River, Minnesota, Ciry
Code all pertaining to Floodplain Management
WHEREAS, Ordinance No 11-_ amends the rules and regulations for property located
in the Floodplain areas of the City in order to comply with the rules and
regulations of the National Flood Insurance Program (NFIP) codified as 44
Code of Federal Regulations Parts 59-78, as amended, in order to maintain
the City's eligibility for the NFIP. Creates definitions applicable to floodplain
areas within the City, establishes floodplain management overlay districts
within the city, prescribes uses, conditional uses, accessory uses, building
standards, administration, amendments, appeals, and penalties for the
application of those regulations; and
WHEREAS, Ordinance No 11-_ sets forth rules and regulations regarding non-
conforming uses, manufactured homes, and recreational vehicles; and
WHEREAS, This Resolution sets forth only a summary of Ordinance No. 11-_ and a
copy of the full text of Ordinance No 11-_ is available for inspection by any
person at the office of the Elk River City Clerk, 13065 Orono Parkway,
during regular business hours - 8:00 a.m. to 4:30 p.m., Monday through
Friday or on the Ciry's web site at www.elk-river.mn.us under Press Releases;
and
NOW, THEREFORE, BE IT RESOLVED, that the Ciry Council, by at least four-fifths
vote, authorizes the publication of this Resolution as a summary of
Ordinance No. 11-_.
Passed and adopted this 17 day of October, 2011.
N:\Public Bodies\Ciry Council\Resolutions\Summary Resolution FEMA.docx
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
N:\Public Bodies\Ciry Council\Resolutions\Summary Resolution FEMA.docx
Minnesota Department of Natural Resources ~"`~°~
Division of Ecological and Water Resources
Box 32, 500 Lafayette Road • St. Paul, MN • 55155-4032
atPAe~Nro
xan~Al. nos
October 13, 2011
The Honorable John Dietz
Mayor, City of Elk River
City Hall
13065 Orono Parkway
Elk River, MN 55330
Dear Mayor Dietz:
CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE & REQUIIZED NEXT STEPS
The Department of Natural Resources (DNR) received a revised final draft floodplain management
ordinance for the City of Elk River from Jeremy Barnhart, Planning Director, on October 12, 2011. This
proposed floodplain ordinance is being adopted to incorporate the Flood Insurance Study, Sherburne
County, Minnesota And Incorporated Areas and the accompanying Flood Insurance Rate Map panels
with an effective date of November 16, 2011. This ordinance is also being adopted. to incorporate
floodplain ordinance text revisions mandated by the Federal Emergency Management Agency (FEMA)
for communities participating in the National Flood Insurance Program (NFIP).
I am pleased to inform you that the above-cited draft floodplain management ordinance is in compliance
with Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota, Minnesota
Rules, Parts 6120.5000 to 61.20.6200. Therefore, in accordance with Minnesota Statutes, Chapter 103F, I
hereby give conditional state approval of the above-cited draft floodplain management ordinance. To the
best of my knowledge, this draft ordinance is also in compliance with the floodplain management
standards of the Federal Emergency Management Agency.
This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of three
(3) certified copies of the adopted ordinance amendments and the affidavit of publication, along with
the signed and completed "Ordinance Certification Checklist" that I have included. Please forward
these documents to Ceil Strauss, the DNR's State NFIP Coordinator in St. Paul at the above noted
address. Upon receipt and verification, Ms. Strauss will transmit one copy of these materials to Mr. John
Devine at FEMA's Chicago Regional Office.
Please remember, FEMA must receive a signed, certified, and in-effect ordinance no later than November
16, 2011. To allow sufficient time for processing and transmittal, we request that you submit the
requested materials to the DNR at least one week prior to the November 16, 2011 effective date. If
FEMA has not received the documentation by the effective date, FEMA will suspend the City of Elk
River from the National Flood Insurance Program.
www.dnr.state.mn.us
AN EQUAL OPPORTUNITY EMPLOYER
i PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10%POST-CONSUMER WASTE
The Honorable John Dietz
October 13, 2011
Page 2
Please be advised that any future amendment of this draft ordinance or change in the designation of flood
prone areas requires prior approval of the Commissioner. In addition, you are required to send copies of
hearing notices and final decisions pertaining to variances, conditional uses, and ordinance amendments
to this agency. Please send these notices directly to DNR Waters' Area. Hydrologist Roger Stradal at
DNR, Ecological & Water Resources' Division, 940 Industrial. Drive So., #103, Sauk Rapids, MN,
56379.
Please rely on Mr. Stradal for day-to-day assistance in enforcing this ordinance. You can also contact Mr.
Stradal at (320} 255-2976, ext. 233 or at roger.stradal(~?a,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.
Sincerel ,
l/
Dale E. Homuth
Conservation Assistance and Regulation Manager
Enclosure (Ordinance Certification Checklist)
ec: Rebecca Haug, Environmental Administrator
Jeremy Barnhart, Planning Director
Nicki Blake-Bradley, Environmental Technician
John Devine, FEMA
Ceil Strauss, NFIP State Coordinator
Tern Yearwood, DNR Eco-Waters' Regional Manager
Liz Harper, DNR Eco-Waters' Assistant Manager
Roger Stradal, Area Hydrologist
8/24/2009 revision
ORDINANCE CERTIFICATION CHECKLIST
Please sign and return the checklist and all required documents to the DNR Waters Area
I3ydrologist's office when completed.
1. Date(s) of published hearing notice.
2. Date(s) of public hearing.
3. Date of ordinance adoption. Include 3 certified copies
of the adopted ordinance text in its entirety including the
signature of the chief elected official and the stamped seal of
the community.
4. Date of newspaper publication of adopted ordinance. Include 3 `
copies 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. Board of AdjustmentlAppeals 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:
Signature of Clerk/Auditor