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HomeMy WebLinkAbout6.e. Flood Plain OrdinanceCity of Rosemount Executive Summary for Action CITY COUNCIL MEETING DATE: November 3, 1992 AGENDA ITEM: Floodplain Ordinance AGENDA SECTION: NEW BUSINESS PREPARED BY: Lisa Freese AGEND�iT B Director of Planning 1 G�V� 6-E ATTACHMENTS: Notification Letter; Miscellaneous APP YBY Attachments. �✓ �i V In 1990, the City received a new model floodplain ordinance from the Minnesota Department of Natural Resources (DNR). This model ordinance was negotiated by the Federal Emergency Management Agency (FEMA) and the DNR to reflect changes in the federal regulations which were actually effective since 1986. Because the City of Rosemount participates in the National Flood Insurance Program, we are required to amend the flood plain section in the Zoning Ordinance. As a result of other priorities, particularly the Comprehensive Guide Plan, the Planning Department has not been able to complete this ordinance. The DNR has been patient with the City of Rosemount by granting several extensions. However, last week FEMA notified the City that they will be recommending that Rosemount be suspended from the National Flood Insurance Program for failure to adopt the Flood Plain Management ordinance. FEMA staff indicated that the City of Rosemount will have 90 days from the date of official notification by FEMA Headquarters to receive DNR approval for our revised ordinance. The DNR has indicated that we should allocate 30 days for their review. This will require the City to complete the Zoning Ordinance Text Amendment within 60 days. Planning staff estimates that it will take approximately 35-50 hours of staff time to complete. The ramifications for failure to comply are a severe burden to the community and its citizens. Therefore, Planning staff would ask that the City Council consider hiring a planning consultant to complete a draft amendment for the City. The estimated cost for this type of project is approximately $2,000. By using a consultant we will be able to ensure completion of this project in a timely fashion without jeopardizing other continuing priorities. I would ask that the City Council authorize the Planning Department to obtain quotes on this task from planning consultants for your approval at the November 17, 1992 meeting. RECOMMENDED ACTION: A MOTION to authorize the Planning Department to obtain quotes from planning consultants to update the City's Flood Plain section of Ordinance B. ICOUNCIL ACTION: Federal Emergency Management Agency Region V 175 West Jackson Blvd, 4th Floor Chicago, IL 60604 Q G? 2 ? 1992 The Honorable Edward B. McMenony Mayor, City of Rosemount P.O. Box 510 Rosemount, Minnesota 55068 Dear Mayor McMenony: The City of Rosemount has participated in the National Flood Insurance Program (NFIP) since 1980, making property eligible for the purchase of flood insurance. The City agreed to adopt and maintain floodplain regulations that meet the minimum State and Federal requirements. The current Rosemount ordinance is obsolete. The City was notified of that fact by letter dated February 13, 1990 from the Department of Natural Resources (DNR). Despite repeated reminders from the DNR, neither the DNR or FEMA has received a copy of the revised ordinance. Since' we have not received the revised ordinance, we are recommending to our headquarters that Rosemount be suspended from the NFIP for failure to adopt a compliant floodplain management ordinance. You will be notified by our Washington office as to the date suspension becomes effective. Should you have any questions, please contact Jeanne Kern at (312) 408-5547 or your Area Hydrologist, Pat Lynch, at (618) 772-7910. Sincerely, Janet M. Odeshoo Chief, Natural -:and Technological Hazards Division CC: Joe Gibson, DNR/Div of Water, Central Office Pat Lynch, DNR, 1200 Warner Road, St Paul, MN 55106 e } '.rac 4 EFFECTS.OF.: INACM NAT t 777-77 7- hazard areas. This includes all federal agenciessuch as HUD, FERC, the Small Business Administration, EPA and others that maybe applicable. r, Federal disaster assistance cannot be provided in identified flood hazard areas., • Federal mortgage insurance will not be available for properties in the identified flood hazard areas. This includes the FHA, VA, Farmers Home and others • Restrictions can be placed on conventional loans in non -participating communities since lenders are required to; Notify buyers or lessees that a property is in a flood hazard area; arca Notify buyers or lessees that property in flood hazard areas is not eligible for Federal disaster relief when a disaster is declared. • Actuarial rates for insurance will go into effect regardless of whether or not a community participates in the program. Without a local floodplain ordinance, insurance for unsafe and improper construction maybe prohibitively expensive. This may create properties that are then unsaleable at a future date. This outcome would be triggered by a community's re-entry into the National Flood Insurance Program at a later date. Some reasons a community may wish to re-enter the program are: Largershares of the local mortgage market usingFHA VA or Farmers Home forloans; A new legislative body or the change in philosophies of an existing body may recognize the value of participating in the program; The community may desire to apply fora federal grant or loan to finance local projects; A major disaster may trigger the financial need for disaster assistance; and, Changes in local political initiatives and platforms. • The local governing body may be liable since not participating in the program: Denies the ability of its' citizens to purchase flood and related water damage insurance; and, Does not reduce the risk of life and property to flooding when authoritative scientific and technological data exists to assist communities in managing flood prone areas. Up to the present time there have been no court findings or rulings addressing this aspect of non participation. Reprints can be obtained from your Area Hydrologist or by contacting any floodplain management staff at (612) 296-4800. Minnesota Department of Natural Resources -Division of Waters. April, 1989. This document partially prepared through funding provided by: The Federal Emergency Management Agency/Community Assistance Program zr Explanation 6fw1988ZCha0ges,jhn #e�',.�..,_ :�Sampl.e F.l oodpl ai n_ Zoning=0rdi nance Z0Mwfor ,a,� Local Government Unit Section 1: No Changes Section 2: Primary change was to definitions in Section 2.8. It was felt that adding definitions of Conditional Use and variance would make the ordinance more understandable (the definitions provided are consistent with the proposed definitions to be provided in the consolidated planning and zoning statute under considerations). These atwo,:def-_i n i ti ons.r are. -optional A definition of "Basement" was added to essentially deal with enclosed, below grade areas such as crawl spaces or non -residential -below grade enclosed areas. If,these-types-of--belowa-grade-spaces =urea-allowed =for- new, construction/ add i ti ons-, -then_'this=definition must be--added-along. with -the -standards -contained -in. Sections 5.42 and 5.43. Section 3: The compliance language was moved to Section 3.0 and expanded to warn against the more common mistakes and oversights that are made by local building code officials. This -language-isnot-mandatory ..but.strongly recommended. Section 4.0: The format of this section was revised to more clearly state which uses are permitted or conditionally permitted and the applicable development standards for each. This new format is recommended but not required. Other changes to this section include: -Provisions for regulating travel trailers and travel vehicles consistent.. with FEMA's new standards,(also_see,Section 9.3). �I•f;the�community allows- trave- vehidles�not'meeting{-n6' Section 9 31 mthenathe.- languages n-Sections'4375"56"and9:3Kor�somethingsimi l_a_rmustbe• .J)r .:uded:�in-the-ire==ordinance:. - � -Section 4.0, and specifically 4.38, was -amended to-r_ecoamend_ a maximum 10 -year flood height for agricultural levees that protected crops only. -Section 4.44 was amended to require a long-term site and ultimate development plan for uses requiring storage for significant volumes of materials in the floodway. This7!�language:_is:recommended for communities having to deal with long-term dredge spoil operation, sand and gravel businesses, etc. -Section 4.45 was amended to clarify which accessory structures can be wet -flood, in lieu of dry flood proofing. Ifs-a--community`s`'existing• o_r_di nance_:presentIy..a 1;l:cws . wet -f l oodproofed... accessory ..s tructures.�( see - language _in Sections 4.33 and. 5.12 of -1978,.. -3 -District Sample Ordinance); the.j.onguage now provided- in 4.45 must be:;included An the ordinance. r *Similar changes apply to other local government units with variations on this ordinance type. Section 5.0: The format of this Section was revised and the major clarification provi7e are as below: -Section 5.41 was provided to specifically cite "construction" and "use of space" standards for elevated buildings not in fill and are required when this construction technique is allowed. -6s„mentioned:-in-_Comment--#2=above,Athe--language-in Section 5.42 -is required M when-below.grade,.,enclosed spaces -are allowed. -- -FEMA has specific fill compaction standards for issuance of LOMR's and FEMA does not require these specific development standards to be stated on a building permit. The language in Sections 5.54 and 7.3 was inciuded as a warning for those who may be requesting a LOMB once construction is complete. Section 6.0: The case-by-case floodway/flood fringe determination procedure was moved up to this section where it more logically belongs and Section 6.0 was also revised to have the City Council/County Board approve the final floodivay alignment. This -.language is - recommended but optional. - Section 7.0: As previously mentioned in Section 5.0 above, FEMA LOMR standards are cite as a warning for new construction. This -language is -optional but - recommended. Section 8.0: If the -community'"allows -' on- site sewer. -and water, -then -language simile—ar--to-8.3._is-required. - Section 9.0: The language in Sections 9.1-9.2 must be included where necessary to clearly require replacement manufactured homes outside of floodway to be properly elevated to the RFPE and that sufficient over -the -top or ground anchors be provided. For the discussion in Section 9.3 for travel trailer/vehicles, see comments for Section 4.0 above. Section 10.37: Technically under FEMA standards the language -and -notice -in- -10.37-i mustz accompany local _variances.: —.As noted earlier, the case-by-case analysis for the General Flood Plain District was moved to Section 6.0. Section 11.0: Section 11.0 was revised to clarify that non "substantial" improvements can be either "wet" or "dry" flood proofed and that "substantial" improvement must be dry flood proofed or elevated to RFPE. This,is,the=minimum .acceptable-l-anguage: rSection 12.0: This Section was amended to incorporate specific enforcement procedures and options for dealing with violators. Language similar -to this, -must beincorporated -where.there is a documented pattern (more.. than -one) of ._,. local --ordinance enforcement --deficiencies: rg�,DEPARTMENT STATE OF H�Z�UQ OF DNR INFORMATION (612) 296-6157 October 6, 1989 NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 The Honorable Rollan Hoke Mayor, City of Rosemount 14655 Climarron Avenue Rosemount, MN 55068 Dear Mayor Hoke: Enclosed is a new model floodplain ordinance which most closely meets your community's needs. (We would appreciate your passing this information on to your staff person in charge of floodplain management.) As you are probably already aware, the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources (DNR) have negotiated this model ordinance to reflect the changes in federal regulations which were actually effective in 1986. Because of these changes every community in the National Flood Insurance Program is being required to amend their floodplain zoning ordinances. You will -be required to revise your floodplain ordinance sometime before the end of the upcoming federal fiscal year 1990 (October 1, 1989 through September 30, 1990). The purpose of this letter is to give your community a chance to review the model which best relates to your current ordinance, and to get a head start in the adoption process. If assistance is needed, please feel free to contact your area hydrologist (phone number listed on the attached sheet) or me at (612) 296-9224. A draft form of the revised ordinance should be submitted to your area hydrologist for preliminary review so'that any omissions or inconsistencies can be found prior to final adoption. It is a good idea to amend the zoning ordinance as early as possible to avoid any potential federal sanctions. (Federal law allows only 90 days from the time of the DNR/Community contact for an ordinance to be amended. This letter does not constitute your official contact.) Again, please share this information with your staff so that there is ample time to follow up on this federal requirement. Sincerely, DIVISION OF WATERS '�yd Boudreau FEMA -CAP Hydrologist JB:fw 312 cc: Pat Lynch, Area Hydrologist John Stine, Regional Hydrologist Kent Lokkesmoe AN EQUAL OPPORTUNITY EMPLOYER