HomeMy WebLinkAbout#4 Flood Plain AmendmentPlanning Commission Memo
To:
Planning Commission Members
From:
John Hinzman, Community Development Director
Date:
September 12, 2011
Item:Public Hearing -
AmendHastings City Code Chapters151–Flood Plain
Regulations
Planning Commission ActionRequested:
The Planning Commission is asked to hold a Public Hearingto amend Hastings City Code
Chapter 151 –Flood Plain Regulations.
Background Information:
The Code Amendment isin response to the following:
1)Adoption of the new Flood Insurance Rate Maps for Dakota County. The new maps are
scheduled to take affect December 2, 2011.
2)Elimination of duplicate information found within 151.12 –Penalties for Violations and
151.98–Violations.
3)Addition of “boiler plate” language to 151.98 -Violations.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
OrdinanceAmendment
ORDINANCE NO.______________, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING HASTINGS CITY CODE CHAPTER 151 FLOOD PLAIN
REGULATIONS:
BE IT ORDAINED
by the City Council of the City of Hastings as follows:
Chapter 151of the Hastings City Code –Flood Plain Regulationsis hereby amended as
follows (Additions to the ordinance are underlinedand section numbers may be
renumbered):
§151.02 GENERAL PROVISIONS.
(B)Establishment of Official Zoning Map.The Official Zoning Map together with
all materials attached thereto is hereby adopted by reference and declared to be a part of
this Ordinance. The attached material shall include:
(1)Flood Insurance Study for Washington County, Minnesota and Incorporated
Areas and Flood Insurance Rate Map Panels therein numbered 27163C0438E and
27163C045IE, all dated February 3, 2010
(2)Flood Insurance Study for the City of Hastings, Minnesota dated January
1980, the Flood Insurance Rate Map for the City of Hastings dated December 18, 1981
and the Flood Boundary and Floodway Map for the City of Hastings dated July 16, 1980;
Flood Insurance Study for Dakota County, Minnesota and Incorporated
Areas and Flood Insurance Rate Map Panelstherein numbered 27037C0144E,
27037C0163E, 27037C0164E, 27037C0257E, 27037C0259E, 27037C0276E,
27037C0277E, and 27037C0278E, all dated December 2, 2011.
(3)The Flood Insurance Rate Map Panel Number 2701010175 B for the
County of Dakota, Minnesota (Unincorporated Areas) dated April 1, 1981; and
(4)The Letters of Map Revision issued to the City of Hastings, Minnesota and
Dakota County, Minnesota, respectively, by the Federal Emergency Management Agency
(Case Number 04-05-2890P) on February 18, 2005. The Official Zoning Map shall be on
file in the Office of the Zoning Administrator.
AND
§151.02 GENERAL PROVISIONS.
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(H)Definitions.Unless specifically defined below, words or phrases used in this
Ordinance shall be interpreted so as to give them the same meaning as they have in
common usage and so as to give this Ordinance its most reasonable application.
FLOOD FRINGE.
That portion of the flood plain outside of the floodway.
FLOODWAY FRINGE
Flood fringeis synonymous with the term used in the Flood
Insurance Study for Washington County, Minnesota and Incorporated Areas and the
Flood Insurance Study for Dakota Countyand Incorporated Areas,for the City of
Hastings,Minnesota.
AND
§151.03 ESTABLISHMENT OF ZONING DISTRICTS.
(A)Districts.
(1)Floodway District.The Floodway District shall include those areas
designated as floodway on the Flood Insurance Rate Maps and Flood Boundary and
Floodway Map adopted in § 151.02(B).
(2)Flood Fringe District. The Flood Fringe District shall include those areas
designated as floodway fringe. The Flood Fringe District shall include those areas shown
on the:
(a)Flood Insurance Rate Maps for Washington County, Minnesota and
Incorporated Areas, as adopted in §151.02(B), as being within Zone AE but being located
outside of the floodway; and
(b)Flood Boundary and Floodway Map for the City of Hastings,
Minnesota, as adopted in Section 151.02(B), as being with the 100-Yr. Flood/Zone A
Boundary but being located outside of the floodway.
Flood Insurance Rate Maps for Dakota County, Minnesota and
Incorporated Areas, as adopted in §151.02(B), as being within Zone AE but being located
outside of the floodway.
(3)General Flood Plain District.The General Flood Plain District shall
include those areas designated as Zone A or Zone AE without a floodway on the Flood
Insurance Rate Maps adopted in §151.02(B).
AND
§151.12PENALTIES FOR VIOLATION.
(B)Nothing herein contained shall prevent the City of Hastings from taking such
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other lawful action as is necessary to prevent or remedy any violation. Such actions may
include but are not limited to:
(3)The Zoning Administrator shall notify the suspected party of the
requirements of this Ordinance and all other official controls and the nature and extent of
the suspected violation of these controls. If thestructure and/or use is under construction
or development, the Zoning Administrator may order the construction or development
immediately halted until a proper permit or approval is granted by the Community. If the
construction or development is already completed, then the Zoning Administrator may
either:
(1)(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.
(2)(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.
AND
§151.98 VIOLATIONS.
(A)Violation of the provisions of this chapter 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 herein contained shall preventthe 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:
(1)In responding to a suspected ordinance violation, the Zoning Administrator
and local government may utilize the full array of enforcement actions available to it
including, but not limited to, prosecution and fines, injunctions, after-the-fact permits,
orders for corrective measures or a request to the National Flood Insurance Program for
denial of floodinsurance availability to the guilty party. The community must act in good
faith to enforce these official controls and to correct ordinance violations to the extent
possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(2)When an ordinance violation is either discovered by or brought to the
attention of the Zoning Administrator, the Zoning Administrator 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 Department of Natural Resources and Federal Emergency Management
Agency Regional Office along with the community’s plan of action to correct the
violation to the degree possible.
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(3)The Zoning Administrator shall notify the suspected party of the
requirements of this chapter 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 Zoning Administrator may order the construction or development
immediately halted until a proper permit or approval is granted by the Community. If the
construction or development is already completed, then the Zoning Administrator 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 Zoning
Administrator within the specified period of time, each additional day that lapses shall
constitute an additional violation of this chapter and shall be prosecuted accordingly. The
Zoning Administrator 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
chapter. (Prior Code, §13.99) (Ord. 2009-12, 3rd Series, passed 12-7-2009; Am. Ord.
2010-02, 3rd Series, passed 3-1-2010) Penalty, see §10.99
(A)Every person violates a section, subdivision, paragraph, or provision of this
chapter when he or she performs an act thereby prohibited or declared unlawful, or fails
to act when the failure is thereby prohibited or declared unlawful, and upon conviction
thereof, shall be punished as for a misdemeanor except as otherwise stated in specific
provisions hereof. (Prior Code, §10.99) Penalty, see §10.99
All other sections shall remain unchanged.
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ADOPTED
by the Hastings City Council on this 3day of October, 2011.
_________________________________
Paul J. Hicks, Mayor
ATTEST:
______________________________________________
Melanie Mesko Lee, City Clerk
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I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented
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to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3day of
October, 2011, as disclosed by the records of the City of Hastings on file and of record in
the office.
_____________________________________________
Melanie Mesko Lee, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JWH)
101 4th St. East
Hastings, MN 55033
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