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HomeMy WebLinkAbout5.i. Flood Plain Ordinance RevisionsCity of Rosemount Executive Summary for Action City Council Meeting Date: November 17, 199$ Agenda Item: Flood Plain Ordinance Agenda Section: Revisions OLD BUSINESS Prepared By: Lisa Freese Agen iW # 51 Director of Planning Attachments: Proposed Flood Plain App v B Ordinance Revisions Attached you will find the proposed text amendments tcKthe City of Rosemount's Zoning and Subdivision Ordinances pertaining to Flood Plain management. The intent of these text amendments is to bring the City of Rosemount's Flood Plain section of its ordinances into compliance with the state and federal standards.' These text amendments incorporate the Minnesota Department of Natural Resource's model ordinance into our current ordinances. The revisions are generally minor in detail. However, there is a significant change that I would like to bring toyourattention: if adopted, the City will require Conditional Use Permits for certainuses in the Flood Plain District. As Planning staff has proposed,,Conditional Use Permit Review would be conducted and approved by,the Planning Commission. This would be comparable to the Site Plan Review and Variance functions currently handled by the Planting Commission. These amendments, as presented, have been forwa of Natural Resources for their review and comme that they will have their comments back to the 1992. This will enable the City to set a Publi 1, 1992 and hold that Public Hearing at the Dec Meeting. If the City Council approves of the a these text amendments on Tuesday night,-Plannin making the necessary preparations for the heari ed to the Department It is anticipated ty by November 25, Hearing on December ber 15th Council roach proposed in staff will begin process. Recommended Action: A MOTION to support the Flood Plain Management concept presented in the draft text amendments dated November 12, 1992. City Council Action: d (Pity O OseY1 ou PHONE (612) 4234411 2875 - 145th Street West, Rosemount, Minnesota FAX (612) 4235208 Mailing Address: P.O. Box 510. Rosemount, Minnesota 55068-0510 November 12, 1992 Pat Lynch Metro Region Minnesota Department of Natural Resources 1200 'Warner Road St. Paul, MN 55106 RE: Proposed Flood Plain Amendments for City of Rosemount Dear Mr. Lynch: t. Enclosed please find a copy of the proposed text amendments to Zoning and Subdivision Ordinances. The intent of these text an Rosemount's Flood Plain section of its Zoning Ordinance into c( Federal standards. MAYOR Edward B. McMenomy COUNCQ.MEMBERS Sheila lOasaen James (Red} Slants Harry WWwx Dennis Wippennarm ADMINISTRATOR Stephan JiiW City of Rosemount's nents is to bring the City of iance with the State and These amendments integrate the model ordinance for a "Two District Flood Plain Management Ordinance -- Two Map Format" dated October 17, 1990, into the City of Rosemount's current zoning and subdivision ordinances. I have attached the Table of Contents from that model ordinance and have made references to the areas in either the City's existing ordinance or these proposed amendments that you will find these sections. As we discussed in our recent meeting, the City of Rosemount has combined the Floodway and the Flood Fringe Districts into one Flood Plain District. The City does not intend to allow any of the permitted uses or conditional uses listed in the model ordinance Flood Fringe District. In order to expedite the successful adoption of these Ordinance revisions, the City would like to have comments back from the Department of Natural Resources a$ to the adequacy of this proposed amendment by November 25, 1992. This will enable us to make proper notification and complete the adoption of this Ordinance prior to the end of this year. If you have any questions or do not feel it is possible to meet this time line, I would appreciate a phone call as soon as possible. Thanks again for your patience and assistance regarding this Ordinance. Sincerely, a4� Lisa J. Freese, A.LC.P. Director of Planning Enclosure cc: Stephan Jilk, City Administrator Ron Wasmund, Public Works Director Mike Miles, City Attorney 11ttorney ver lhtng s �oming CJ L mlY DNR MODEL - CITY OF RUSEMOIJr COMPARISON TABLE Two District Flood Plain Management t Two -Map Format TABLE OF CONTENTS SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT November 12, 1992 PURPOSE [proposed Ordinance B, 6.17(B)1)% ance B, 3.2] ice B, 4.1(c)] ice B, 6.17(B) (4)] , 6.17(C)] F uses permitted] 6.17(A) Intent] 1.1 Statutory Authorization 1.2 Findings of Fact 1.3 Statement of Purpose SECTION 2.0 GENERAL PRovisioNs 2.1 Lands to 'Which Ordinance Applies } 2.2 Establishment of Official Zoning map } 2.3 Regulatory Flood Protection Elevation [proposed 2.4 Interpretation [proposed Ordinance B, 6.17(B) (2)] 2.5 Abrogation and Greater Restrictions [proposed Or, 2.6 Warning and Disclaimer of Liability [proposed Or 2.7 Severability [Ordinance B, Section 171 2.8 Definitions [Ordinance B, 3.2 and proposed amen SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts [proposed Ordinance B, 6.17(B) (1)] 3.2 Compliance [proposed Ordinance B, 6.17(B)(3)] SECTION 4.0 FLOODwAY DISTRICT (FW) [proposed Odinance 1 4.1 Permitted Uses 4.2 Standards for Floodway Permitted Uses 4.3 Conditional Uses 4.4 Standards for Floodway Conditional Uses SECTION 5.0 FLOOD FRINGE DISTRICT (FF) [not included, no 1 5.1 Permitted Uses 5.2 Standards for Flood Fringe Permitted Uses 5.3 Conditional Uses 5.4 Standards for Flood Fringe Conditional Uses 5.5 Standards for All Flood Fringe Uses November 12, 1992 PURPOSE [proposed Ordinance B, 6.17(B)1)% ance B, 3.2] ice B, 4.1(c)] ice B, 6.17(B) (4)] , 6.17(C)] F uses permitted] Y SECTION 6.0 Reserved for Future Use [not applicable] SECTION 7.0 SUBDIVISIONS 7.1 Land Suitability Review Criteria. [proposed Subdivision 5.6 Subdivision Ordinance] 7.2 Removal of Special Flood Hazard Area Designation [proposed Ordinance B, 6.17 (E)] SECTION 8.0 UTILITIES, RAILROADS, ROADS, AND BRIDGES [proposed Ordinance B, 6.17 (C, 1. e)] 8.1 Public Utilities 8.2 Public Transportation Facilities 8.3 On-site Sewage Treatment and Water Supply Systems SECTION 9.0 MANUFACTURED HOMES/TRAVEL TRAILERS AND TRAVEL VEHICLES [not included, not permitted] 9.1 New Manufactured Home Parks 9.2 Replacement Manufactured Homes - Existing Parks 9.3 Travel Trailers / Travel Vehicles SECTION 10.0 ADMINISTRATION 10.1 Zoning Administrator [Ordinance B, 14.1] 10.2 Permits, Certification Requirements, and Record keeping [proposed Ordinance B, 6.17(E)] 10.3 Appeals and Variances / Duties of the Board of Adjustment [Ordinance B, Section 15.2 and proposed Ordinance B 6.17(D)] 10.4 Conditional Uses - Standards and Evaluation Procedures [proposed Ordinance B, 14.11] SECTION 11.0 NONCONFORMING USES [Ordinance B, Section 13'- more restrictive] SECTION 12.0 PENALTIES FOR VIOLATION [Ordinance B, Section', 14.2] SECTION 13.0 AMENDMENTS [proposed Ordinance B, Section 6.17(F)J Fa THE Crry COumm OF THE CITY OF RonmouNT, MINNESOTA SEcnoN 1. Section 3.2 of ORDINANCE B - CrrY OF is amended by adding the following: SECTION 3.2 DEFINITIONS Flood Plain Conditional Use: A specific type of structure or in the Flood Plain, but only after an in-depth review procedu conditions or restrictions as provided in the official zoning a upon a finding that: (1) certain conditions as detailed in the the structure and/or land use conform to the comprehensive l are compatible with the existing neighborhood. November 12, 1992 MAINS AS FOLLOWS: UNT ZONING ORDINANCE id use that may be allowed and with appropriate rols or building codes and ung ordinance exist and (2) i use plan if one exists and Equal Degree of Encroachment: A method of determining thej location of floodway boundaries so that the hydraulic capacity of flood plain lands qn each side of a steam are calculating proportionate increases in flood stages. Flood: A temporary rise in stream flow or stage that results in inundation of areas adjacent to the channel. Flood Frequency: The frequency for which it is expected that,, a specific flood stage or discharge may be equalled or exceeded. Flood Plain: The areas adjoining a watercourse, which have been or hereafter may be covered by the regional flood. Flood Proofing: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the areduction or elimination of flood damages. Floodway: The bed of a wetland or lake and the channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and or store the regional flood discharge. Obstruction: Any dam, wall, wharf, embankment, levee, di excavation, channel rectification, culvert, building, wire, fel structure, or matter in, along, across, or projecting into any regulatory flood hazard area which may impede, retard, or i of water, either in itself or by catching or collecting debris c placed where the flow of water might carry the same downs property. Reach: A hydraulic engineering term to describe a longi influenced by a natural or man-made obstruction. In an 1 or river between two consecutive bridge crossings would Regional Flood: A flood which is representative of large floc generally in Minnesota and reasonably characteristic of what pile, abutment, projection, stockpile, refuse, fill, noel, watercourse, or age the direction of the flow led by such water, or that is m to the damage of life or 1 segment of a stream or river area the segment of a stream typically constitute a reach. known to have occurred be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Regional Flood is synonymous with the term "base flood" as used in the Flood Insurance Study. Regulatory Flood Protection Elevation: An elevation not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the flood plain. It is the elevjation to which uses regulated by this Ordinance are required to be elevated or flood -proofed;',. SECTION 2. Section 4.1 of ORDINANCE B - CrrY OF RosE14OUNT ZONING ORDINANCE is amended by adding the following: Section 4.1 Scope and Interpretation c. Abrogation and Greater Restrictions It is not intended by this) Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. SECTION 3. Section 6.17 of ORDINANCE B - MY OF RosEMOUNT ZONING ORDINANCE is amended to read as follows: SECTION 6.17 FP FLOOD PLAIN DISTRICT A. Intent. The Flood Plain District is designed to provide Flood Plain Management for the City of Rosemount in accordance with the policies of Minnesota Statutes (Chapters 103F and 462). The intent of the Flood Plain district is to regulate the flood hazard areas for the purposes of reducing the risk of loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affqIct the public health, safety, and general welfare. B. General Provisions Establishment Of Zoning District. The flood plain areas within the jurisdiction of this ordinance are hereby designated Flood Plain District (FP). The boundaries of this district shall be shown on the Official Zoning Map. The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and lideclared to be a part of this ordinance. The attached materials shall include the Flood Insurance Study for the City of Rosemount prepared by the Federal Insurance Administrationdated January, 1980, and the Flood Boundary and Floodway Map, dated July 16, 1980, and Floodway Insurance Rate Map, dated July 16, 1992. The floodway and the flood fringe areas delineated on the Flood Boundary Map comprise the area designated as the Flood Plain Zoning District on the Official Zoning Map. A copy of the Official Zoning Map aid all other maps referenced herein shall be on file in the Office of the City Clerk. 2. Rules for Interpretation of Flood Plain District Boundary. The boundary of the Flood Plain District established by this section shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact iocation of the boundary of the district as shown on the Official Zoning Map or there is a conflict between a mapped 2 boundary and actual field conditions, the Planning Commissi interpretation. All decisions will be based on elevations on profile and other available technical data. The person conte, boundary shall be given a reasonable opportunity to present Commission and to submit technical evidence. shall make the necessary : regional (100 year) flood g the location of the district it case to the Planning 3. Compliance No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without futl compliance with the terms of Section 6.17 and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Flood Plain District, all uses not listed as permitted uses or conditional uses shall be prohibited. In addition, a caution is plrovided here that: a. Modifications, additions, structural alterations or repair afteer damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of Section 6.17 and specifically Subsection C; and b. 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 or architect as specified in the general provisions of this Section and specifically as stated in Section 14.11. 4. Warning and Disclaimer'of Liability. This section does not imply that areas outside the flood plain district or land uses permitted within such districts l,will be free from flooding or flood damages. This section shall not create liability on the part of the City or any officer or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder. C. FP Flood Plain District 1. Uses Permitted by Right The following uses shall be permitted within the Floodway District. These uses shall not obstruct flood flows or increase: flood elevations. In addition, these uses shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. a. Agricultural uses such as general farming, pasture grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. b. Private and public recreational uses such as golf courses, '',tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shootiig ranges, hunting and fishing areas, and single or multiple purpose recreational trails. c. Residential uses such as lawns, gardens, parking areas, and play areas. d. Industrial -commercial loading and parking areas. 2. Uses Permitted by Conditional Use Permit The following uses shall be permitted upon issuance of a conditional use permit subject to the procedures and standards set forth in Section 14.11 of this Ordinance. These uses shall not be permitted if they will cause any increase in the stage of the regional flood or increase the potential for flood damage in the reach or reaches affected. a. Extraction and storage of sand, gravel, and other materials. b. Marinas, boat rentals, docks, piers, wharves, and water Control structures. 3 c. Railroads, streets, bridges, utility transmission lines, and p d. Storage yards for equipment, machinery, or materials. e. Structures accessory to the uses listed above in Section 6.1 f. Placement of fill. 3. Additional Standards for Flood Plain Conditional Uses a. Standards for Fill: 1) Fill, dredge spoil and all other similar materials de plain shall be protected from erosion by vegetative acceptable method. and (2). d or stored in the flood , mulching, riprap or other 2) Dredge spoil sites and sand and gravel operations shah not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. 3) As an alternative, and consistent with Subsection 2) it disposal and sand and gravel operations'may allow tet or other materials which would have caused an increa or regional flood but only after the Planning Commiss appropriate plan which assures the removal of the mal upon the flood warning time available. b. Standards for Structures: 1) Structures shall not be designed for human habitation. 2) Structures, if permitted, shall be constructed and pl offer the minimum obstruction to the flow of flood (a) Whenever possible, structures shall be con parallel to the direction of flood flow, and, (b) so far as practicable, structures shall be placed flow lines as those of adjoining structures. tediately above, dredge spoil orary, on-site storage of fill to the stage of the 100 -year a has received an ials from the floodway based on the building site so as to with the longitudinal axis on the same flood (c) Accessory structures shall be elevated on fill or structurally dry flood -proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood -proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided the accessory structure constitutes a mini1mal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood - proofed accessory structures must meet the following additional standards, as appropriate: (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; and!, (2) Any mechanical and utility equipment in a above the Regulatory Flood Protection Ele 4 ire must be elevated to or or properly flood -proofed. C. Standards fir Storage of M rials an ii mgt: 1) The storage or processing of materials that are, in time, of flooding, flammable, explosive, or potentially injurious to human animal, or Iplant life is prohibited. 2) Storage of other materials or equipment may be allowead ifrea removable ance witham the area within the time available after a flood warning d plan approved by the Planning Commission. 3) No garbage and waste disposal sites shall be issued foie floodway areas and there shall be no further encroachment upon the floodway at existing sites. d. Standards for Flood Control: 1) Structural works for flood control that will change then course, current or cross section of protected wetlands or public waters slide bsubject thuraal orks provisions roflood control Minnesota Statute, Chapter 105. Community flood lain shall not be allowed in the intended to remove areas from the regulatory p floodway. 2) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream" e.- 1) Public Utilities. All public bae flood F water supply systems toe locted in th accordance with the State Building Code or elev, Protection Elevation. ich as gas, electrical, sewer, and irk shall be flood -proofed in d to above the Regulatory Flood 2) Public Transportation Facilities. Railroad tracks, r within the floodplain shall comply with Sections 4 Elevation to the Regulatory Flood Protection Elev, failure or interruption of these transportation facili public health or safety or where such facilities are functioning of the area. Minor or auxiliary roads a lower elevation where failure or interruption of endanger the public health or safety. 3) On-site Jewa e i rraui►Q.,L a.,.. .---• - __ provided: 1) On-site water supply systems must eliminate infiltration of flood waters into the sysi site sewage treatment systems must be designed of flood waters into the systems and discharges i and they shall not be subject to impairment or cc flooding. Any sewage treatment system designe current statewide standards for on-site sewage tr to be in compliance with this Section. 1s, and bridges to be located and 5.0 of this Ordinance. ,n shall be provided where > would result in danger to the ;ential to the orderly railroads may be constructed at ncnnrtation services would not Ms. Where public utilities are not > designed to minimize or ns; and 2) new or replacement on - minimize or eliminate infiltration ,m the systems into flood waters lamination during times of in accordance with the State's Ltment systems shall be determined D. Variances. The variance provisions in Section 15.2 of this Ord Section, in addition to the following findings: 1. No variance shall provide for a lesser degree of flood pro protection for the particular area or permit standards lower shall apply to this teetlon than the Regulatory Flood than those required by state law, 2. Notice of any application for a variance shall be submitted to the Commissioner of Natural Resources at least ten (10) days prior to the date of hearing on the variance. Such notice shall specify the time, place and subject matter of the hearing and shall be accompanied by such supporting information as is necessary to indicate the nature and effect of the proposed use. A copy of all decisions granting a variance under this section shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. E. Flood Insurance Notice and Record Keening. The Zoning Administrator shall notify the applicant for a variance that: 1. The issuance of a variance to construct a structure below the lase 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 one -hundred (100) year or regional flood level increases risks to life and property. Such notification shall be maintained with s record of all variance actions. A community shall maintain a record of all varianceactions, including justification for their issuance, and report such variances issued in its annul or biennial report submitted to the Administrator of the National Flood Insurance Program. F. Amendments to Section 6.17. The Flood Plain designation on removed from flood plain areas unless it can be shown that the areas are filled to an elevation at or above the flood protection other lands lying outside the flood plain district. Special except permitted by the Commissioner of Natural Resources if he dete measures, lands are protected adequately for the intended uses. All amendments must be submitted to and approved by the Conn prior to adoption. Changes in the Official Zoning Map must mi Management Agency's (FEMA) Technical Conditions and Criter FEMA approval before adoption. The Commissioner of Natural (10) days written notice of all hearings to consider an amendmer notice shall include a draft of the ordinance amendment or techn All requests to change a special flood hazard area designation by the Federal Emergency Management Agency. SECTION 4. Section 14 ADMINISTRATION AND ENFORCI OF ROSEmouNT ZONING ORDINANCE is amended by adding SECTION 14.11 FLOOD PLAIN DISTRICT CONDITIONAL ng maps shall not be nation is in error or that the tion and are contiguous to to this rule may be % that, through other issioner of Natural Resources :t the Federal Emergency and must receive prior Zesources must be given ten to this Ordinance, and said al study under consideration. meet the criteria established of ORDINANCE B CrrY following: A. Application. The Planning Commission shall hear and decide applications for Conditional Uses permissible under Section 6.17, Flood Plain District. Applications shall be submitted to the Planning Department and forwarded to the Planning Commission for consideration. The applicant shall furnish the following information as deemed necessary by the Planning Department for determining the suitability of the particular site for the proposed use: 1. Plans in triplicate drawn to scale prepared by a registered E location, dimensions, and elevation of the lot, existing or p materials, flood -proofing measures, and the relationship -of stream channel and meeting all other requirements of Secti CoNTENes, of this Ordinance. 11 [neer showing the nature, ,osed structures, fill, storage of above to the location of the 14.4 (B) SrrE PLAN 2) Specifications for building construction and materials, flood -proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. The City Engineer or designee shall evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation, the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. B. Factors Considered. In reviewing Conditional Use applications, the Planning Commission shall consider all relevant factors specified in other sections of this Ordinance and: 1. The 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 or they may block bridges, culverts, or other hydrajul is structures. 3. The proposed water supply and sanitation systems and the' ability of these systems to prevent disease, contamination, and unsanitary conditions., 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5. The importance of the services provided by the proposed 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to floo 8. The compatibility of the proposed use with existing devel anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensiv management program for the area. 10. The safety of access to the property in times of flood for vehicles. 11. The expected heights, velocity, duration, rate of rise, and waters expected at the site. 12. Such other factors which are relevant to the purposes of i C. Public Hearings. Within sixty (60) days from the date of appli permit, the Planning Department shall submit the application to Commission shall set a time for public hearing and give the app notice thereof. Notice of the hearing shall be published at least hearing and notice shall be mailed to each property owner withi property. D. Decisions. The Planning Commission shall render its written de permit within 30 days following the public hearing. In granting Planning Commission may prescribe appropriate conditions and conformity with the purposes of this Section. The Conditional t registered with the property in the Office of the County Recorde ity to the community. for the proposed use. and development plan and flood plain inary and emergency sediment transport of the flood Ordinance. tion for conditional use e Planning Commission. The ;ant at least 10 days written n (10) days prior to the 1/4 mile of the affected Sion on a Conditional Use Conditional Use Permit the feguards which are in Permit must be title E. Subject to Appeal. All decisions by the Planning Commission granting or denying a Conditional Use Permit shall be final subject to appeal to the City Council as outlined in Section 15.3 of this Ordinance. F. Notify Commissioner of Natural Resources. A copy of the application for the proposed conditional uses shall be submitted to the Commissioner of NaturaFl Resources sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. A copy of all decisions granting conditional use permits shall be forwarded to the Commissioner of natural resources within ten (10) days of such action. G. Conditions Imposed. The Planning Commission may attach such conditions to the granting of Conditional Use Permits deemed 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 restricti 4. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. S. Flood -proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood -proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. H. Violation of Conditional Use Permit. Violations of zonditions . part of the terms under which the Conditional Use Permit is gran of this Ordinance punishable under Section 14.2 of this Ordinanc 8 safeguards, when made a shall be deemed a violation CrrY OF ROsEIv ouw ORDINANCE No. XVII.142 AN ORDINANCE AMENDING ORDINANCE SUBDIVISION ORDINANCE THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA SECTION I. Subdivision 5 SUBDIVISION DESIGN 9 City of Rosemount Subdivision Ordinance is amended by SURD. 5.9 FLOOD PLAIN REQUIREMENTS. Land within tl Ordinance B with flooding potential, inadequate drainage, la unacceptable sewage treatment facilities shall not be subdivided. water and sewage treatment facilities that comply with the prow: with all other applicable city, county, and state regulations. Rc and individual parcels within the subdivision shall be no lower Regulatory Flood Protection Elevation. The Regulatory Flood l required elevation of all access roads shall be clearly labelled drawings and platting documents. SECTION H. This ordinance shall be effective publication according to law. CITY OF E.B. McMenomy, ATTEST: Susan M. Walsh, City Clerk ►. XVII.4 ORDAINS As FOLLows: RDS of Ordinance XVHA the following: Flood Plain District of of water supply and/or 11 subdivisions shall have ns of this Ordinance and access to the subdivision m two (2) feet below the tection Elevation and the all required subdivision upon its passage and