Amboy City Zoning Code
CHAPTER 151
FLOOD PLAIN REGULATIONS
§ 151.01 DEFINITIONS.
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPMENT. Any man-made change to real estate, including but not limited to construction or reconstruction of buildings, installing manufactured homes or travel trailers, installing utilities, construction of roads or bridges, erection of levees, walls, or fences, drilling mining, filling, dredging, and storage of materials.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land area from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD PLAIN or FLOOD PRONE AREA. Any land area susceptible to being inundated by water from any source. (See FLOOD)
FLOODPROOFING. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on permanent chasses and is designated of ruse with or without a permanent foundation when attached to the required utilities.
NEW CONSTRUCTION. For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31 1974, whichever is later, and includes any subsequent improvements to such structures. For flood plain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures.
PERSON. Includes any individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies
SPECIAL FLOOD HAZARD AREA. The land in the flood plain within a community subject to a 1% or great chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning the phrase AREA OF SPECIAL FLOOD HAZARD.
STRUCTURE. For flood plain management purposes, a walled and roofed building, including gas or liquid storage tanks, that is principally above ground. The term includes recreational vehicles and travel trailers on a site for more than 180 days.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged, and is being restored before the damage occurred.
(2) For the purposes of this definition SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure regardless of the actual work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure
(Ord. 143, passed 1-6-2020)
§ 151.02 PERMIT REQUIREMENTS.
(A) No person may erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure without first obtaining a separate permit for each building or structure from the designated responsible person.
(B) No man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, fences, mining, dredging, filling, grading, paving, excavation or drilling operations, may be commenced until a separate permit has been obtained from the designated responsible person for each change.
(C) No manufactured home may be placed on improved or unimproved real estate without first obtaining a separate permit for each manufactured home from the designated responsible person.
(Ord. 143, passed 1-6-2020)
§ 151.03 PERMIT APPLICATION.
To obtain a permit, the applicant must first file a permit application on a form furnished for that purpose. The form must be completed and submitted to the designated responsible person before a permit will be issued.
(Ord. 143, passed 1-6-2020)
§ 151.04 DUTIES OF THE CITY CLERK.
(A) The City Clerk, hereinafter referred to as the responsible person, is appointed as the person responsible for receiving applications and examining the plans and specifications for the proposed construction or development.
(B) After reviewing the application, the responsible person may require any additional measures which are necessary to meet the minimum requirements of this chapter.
(C) The responsible person must review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(Ord. 143, passed 1-6-2020)
§ 151.05 REVIEW OF PERMIT APPLICATION.
The responsible person must review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactures homes) must be:
(A) Designed (or modified) and adequately anchored to prevent floatation, collapse, or later movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(B) Constructed with materials and utility equipment resistant to flood damage;
(C) Constructed by methods and practices that minimize flood damage;
(D) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or locate so as to prevent water from entering or accumulating within the components during conditions of flooding.
(Ord. 143, passed 1-6-2020)
§ 151.06 REVIEW OF SUBDIVISION PROPOSALS.
The responsible person must review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that:
(A) All proposals are consistent with the need to minimize flood damage within the flood prone area;
(B) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
(C) Adequate drainage is provided to reduce exposure of flood hazard.
(Ord. 143, passed 1-6-2020)
§ 151.07 WATER SUPPLY SYSTEM.
The responsible person must require within flood prone area, new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the system.
(Ord. 143, passed 1-6-2020)
§ 151.08 SANITARY SEWAGE AND WASTE DISPOSAL SYSTEMS.
The responsible person must require within flood prone areas:
(A) New and replacement sanitary sewage systems to be designated to minimize or eliminate infiltration of flood waters into the systems an discharges from the systems into flood waters; and
(B) On-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding.
(Ord. 143, passed 1-6-2020)
§ 151.09 ANNEXATIONS AND EXTRATERRITORIAL JURISDICTION.
The city may not approve any development located in a special flood hazard area (SFHA) outside the corporate limits unless such development or plat is in accordance with the following:
(A) The flood plain ordinance legally adopted by the city that meets the minimum federal (44 CFR 60.3), state (Minnesota Regulations Parts 6120.5000 through 612.6200), and local requirements for development within a special flood hazard area;
(B) The SFHA's of those parts of unincorporated Blue Earth County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the Flood Insurance Rate Map (FIRM) dated March 3, 1990 and prepared by the Federal Emergency Management Agency (FEMA).
(Ord. 143, passed 1-6-2020)
§ 151.10 ABROGATION AND GREATER RESTRICTION.
(A) This chapter is not intended to repeal, abrogate, or impair any existing, easements, covenants or deed restriction.
(B) Where this chapter and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions will prevail.
(Ord. 143, passed 1-6-2020)
§ 151.99 PENALTY.
Any person who violates this chapter shall upon conviction there be fined not less than $25 or more than $200. A separate offense will be deemed committed upon each day during or on which a violation occurs or continues.
(Ord. 143, passed 1-6-2020)