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HomeMy WebLinkAboutOrdinance No. 4316 - SecondReading: FloodplainRegulationsOrdinance ORDINANCE NO. ____ AN ORDINANCE CREATING AND ENACTING SECTIONS 60.110, 62.801, 62.802, 62.803, 62.814, 62.816, 62.820, 62.856, AND 62.860 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO FLOODPLAIN REGULATIONS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 60.110 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 60.110 Authority. The 1965 Laws of Minnesota, Chapter 462, authorizes the municipality to administer planning and zoning activities, establish a Zoning Board of Appeals, enact official controls, and provide penalties for violation thereof. Chapter 104 and 105 of the Minnesota Statutes authorize minimum standards and criteria for the management of “Shoreland” and “Floodplain” Areas within the City of Rochester. Section 2. Section 62.801 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.801 Flood Fringe District Purpose: The purpose of the flood fringe district is to insure that uses and structures within the district are properly flood protected, consistent with accepted principles and standards for flood protection, resulting in developments which will suffer minimal damage from flooding and are of such a nature so as to have a minimal effect on the ability of the flood plain to discharge flood waters. Section 3. Section 62.802 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.802 Floodway District Purpose: The purpose of the floodway district is to assure that adequate space is retained within the channel and adjoining flood plain to carry and discharge the regional flood, and to restrict or prohibit uses which are dangerous to health or safety, or result in economic loss, in times of flood. Section 4. Section 62.803 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 1 62.803 Flood Prone District Purpose: The purpose of the flood prone district is to guide development in generally undeveloped areas of the flood plain in such a manner so as to reduce the loss of flood storage volume in the flood plain, and to avoid increases in downstream flood levels and in the velocity of flood waters. Section 5. Section 62.814 the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.814 Warning and Disclaimer of Liability: The degree of flood protection intended to be provided by the zoning code is considered reasonable for regulatory purposes and is based on engineering and other specific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. The zoning code does not imply that areas outside of designated flood plain districts or land uses permitted within such districts will always be totally free from flooding or flood damages. Nor shall the zoning code create a liability on the part of or be a cause of action against the City of Rochester or any employee thereof for any flooding or flood damages that may result from reliance on the zoning code. Section 6. Section 62.816 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.816 Right of Passage: No person may obstruct the passage of water and watercraft nor restrict the lawfully permitted use by the public of the bed, banks, water and floodway of any stream within the City of Rochester. Section 7. Section 62.820 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.820 PROCEDURES: The requirements in this section shall supplement the procedural requirements of the underlying zoning district in any flood district. Conditional Use Permits shall be processed under the Type III Review with a Phase III hearing process utilized. Section 8. Section 62.856 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.856. Structural Works for Flood Control: Subdivision 1. Structural works for flood control such as levees, dikes, floodwalls, and 2 reservoirs shall be allowed only upon issuance of a Type III Conditional Use Permit, and compliance with the following: A. Any proposed structural work in the beds of public waters as defined in Minnesota Statutes, Chapter 105, which will change the course, current, or cross-section of the waters shall be subject to the provisions of Minnesota Statutes, Chapter 105 and other applicable statutes. B. When necessary, a permit from the Army Corps of Engineers certifying compliance with Section 404 of the Clean Waters Act shall be obtained along with any other necessary permits. Section 9. Section 62.860 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 62.860. CONSTRUCTION STANDARDS IN THE FLOOD PRONE DISTRICT. The requirements applicable in the Flood Fringe District, as defined in section 62.840, shall apply in the Flood Prone District and, in addition, the deposition of any fill or spoil from dredging of sand and gravel operations, the construction of any structure, or the grading or paving of any areas shall require certification by a registered professional engineer or hydrologist that the following conditions have been met: A. Fill deposited in the Flood Prone area shall be no more than the minimum amount necessary to conduct the use. B. No net loss of capacity for surface storage of flood waters shall result from the activity. C. The effect of such activities in the Flood Prone area shall not result in an increase in erosion potential on the site. Section 10. This ordinance shall become effective as of the date of its publication. 3 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ________ DAY OF _______________, 2017. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _______ DAY OF _________________, 2017. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord15/FloodplainAmds2 4 ORDINANCE NO.4316 AN ORDINANCE CRE- ATING AND ENACT- ING SECTIONS 60.110, 62;814 Warnin d. :pis•.! 62.801, 62.802, 62.803, g an 62.814, 62.816, 62.820, claimer of Liabil€ty The AFFIDAVIT ®F PUBLICATION degree of flood protection 62.856, AND 62.860 OF intended l.be,prole tion THE ROCHESTER CODE, O> ORDINANCES. RE- the zoning code rs consr LATING TO:FLOODPLAIN Brad seasonable for regufa- REGULATIONS.. State of Minnesota County of Olmsted toryplugrposesanart&otho THE COMMON COUNCIL' ' on en meerrn9 and other OF THE CITY OF ROCH specif€c methods of study. ` ESTER DO ORDAIN:: Larger foods may Becton 1.::Section 60.110 Site Lovejoy, being duly sworn, on oath that she is the publisher or authorized rare aecasJons or the 19, of ctio Rochester Cotle of i het"glit may be increased Ordinances is ter. by cre agent and employee of the publisher of the newspaper known as the Post- by man made, or natural ated and enacted to read. Bulletin, and has full knowledge of the facts which are stated below: causes,esopen ngsice e jams 60trict- ,11follows: ed b debns :The zon€ia SD,i 10 Authority. The` Y 1665 Laws 2, Minnesota, (A) The newspaper has complied with all the requirements constituting a coos out e oflaesyg�ra!'i Chapter. 462, authorizes ed (load pfain:distr€cls;gr-. the municipality to admin qualifications as a legal newspaper, as provided by Minnesota Statute lana':uses permitted.within Ister planning and zoning p activities, establish a Zen- 331A.02, 331A.07 and other applicable laws, as amended. such;d€stnctswill always e. Ing Board of Appeals, en- totally(ree from flooding or act official controls, and flood damages. Nor shall provide penalties for viola- B The printed notice the'zoning cadecreate a't€ ton thereof., Chapter 104 ( ) p ability on the part of or be a and 105 of.the Minnesota cause of action.against the Statutes authorize mini- City;of Rochester or.-any alum standards and.crite- Which is attached was cut from the columns of said newspaper, and was employee thereof fatany ria for the;management of Itooding of flood damages "Shoreland~.:and `Flood printed and published 1 time(s); in print and online on the following dates: that may result,from e1€-.l plain"Areas.within the City ance on the zoning code.. a(Rochester, Section.0. Sect€on 62.8116 Section 2. Section 62.801 Post Bulletin: 08/29/2017 of the Rochester Code o1 Ordinances is;hereb ere of the Rochester Code of ated..and atiacled to read O€dinances is hereby cre as follows: aced and enacted to read Printed below is a copy of the lower case alphabet from a to z, both inclusive, 52,8;s Right of Passage as follows: which Is hereby acknowledged as being the size and kind of a used in the :the person may,obstruct: fi2.80i Flood Fringe Di§ Y g type the passage of water and trio Purpose: The purpose composition and publication of the notice: watercraft ppnor'rest not tete of the hood cringe districl p p b Wille public oaf the bed is to Insure that uses and Y P structures within the district abcdefgh!,Mrnnopgrstuvw yz banns water.and tloodway are property flood protect of any stream w€lhm the ed,consistent with accept- POST- LLETZ COMPANY L.L.C. City of Rochester. ed principles and Stan-' BY: /� Seolfon 7 Section 62.820 dards for flood protection, ofthe Rochester Code of resulting in developments Orainarlces is hereby 00 which will suffer minimal aEed and enacted to read damage from flooding and. TITLE.: Media Sales Manager asfollows are of such a nature so as 6282'0 PROCEDURESt to have a minimal effect on Tire requiremehts fn Jhls the ability of the flood plain Subscribed and sworn to me on Sectlotr shall 5upplemenl, to discharge flood waters, the rocedura( regolre- Section 3. Section 62.802 This day of 20 (rierits of the'undarling of the Rochester Code of zoning dislrict In any flood... Ordinances is hereby cre- district Conditional Use ated and enacted to read Permits shatl lie processed. as follows: r 62.802 Floodway District Notary Public Purpose: The purpose RATE INFORMATION under the Type;ill Review of the floodway district is with >a Phase;ill hearing to assure that adequate process utilized: space is retained within I Lowest classified rate paid by commercial user $21.95 Section 8. Section 82.856 the channel and adjoiningFor comparable space (per inch/per daylaisplay rate) of the:Flochester Code bf flood plain to carry and&s- For Ordinances is hereby cr charge the regional flood, ale.d and enacted to read.. and to restrict or prohibit Publication Fee $509.93 as follows uses which are dangerous 2) PblitiF62,856. .Structural Vi 6m to health or safety,or resultfor Flood Control Subdl In economic loss, in times vision' . of flood, Structural works for flood Section 4. Section 62.803 Ad ff 2202135:ORDINANCE N0,4316 AN ORDINANCE CREA control. such. as levees,, of the Rochester Code of dkes„lfcodw'11' and,res Ordinances is hereby ce-. ervorrs Shall;by allowed ated and enacted to read ant u on iissuance,of a as follows: Y 62.803 Flood Prone District+ Type;;tlt 11 Contlitional Use Purpose: The purpose of with the folfowing�gmpliance the flood prone district Is to A.�Any.praposed.stnrct rral guide development in gen- werk f. the beds of public: orally undeveloped areas waters as defined in:Mln- of the flood plain in such a nesota Statutes, .Chapter manner so as to reduce the 105„which will change. the loss of flood storage vol-.' course current; ar cross ume in the flood plain,and section of thewafers shall `. to avoid increases In down- be subjIect to the provislons stream flood levels and in of in iesota:; Stalutes,. the velocity of flood waters., Chapter 105 and other op- Section 5, Section 62.814 pplica”"statutes: the Rochester Cade of Or- B.When necessary, a per dinances Is hereby created mit from the Army Corps of and enacted to read as fol- Engineers certifying corn Tows pliance with Section 404 of the Clean Waters Act shad be obfalned along with any Other necessarypermits:' Section 9. Seefion.62.860 of the Rochester Code of Ordinances,is:hereby cre ated and enacted to read as follows 62.860. CONSTRUC- TION STANDARDS IN THE FLOOD PRONE D!S- TRICT. The requirements applicable m the Florid ' Fringe Dlstrlcl, as defined In section 62.840 shall apply In the Fleod Prone District and, in addilion, the deposftfon of om d1ld any fill or andrlgravel perationsOf,the econstruction of any struc- re, or the grading or paving of any areas shalt require certification by a registered professional en- gineer or hydrofoglst that the following conditions have been mei: A. Fill deposited in the Flood Prone area shall be no more than the minlmurn amount necessary to Con- duct the use.t loss of capacity for surface sf age of foo waters shalt result from the activity. C. The effect of such ac- tivilles in the no Prone area shall not result in an Increase n th fn erosion paten tial on the site. Secllon i0. This ordinance shalt become effective as of the date of tion. its publlca• PASSED AND ADOPTED BY THE COMMON COUpi. CIL OF THE CITY OF ROCHESTER, MINNESO- TA, THIS 218T DAY OF AUGUST,2017.- IJI RandPRESIDENT 01:SAID COMMON COUNCIL ATTEST: /sf Anissa Holfingshead CITY CLERK APPROVED THIS 24TH DAY OF AUGUST,2017. /S!Ardefl F;Brede MAYOR Seat of the City of Rochester,Minnesota (8129).'