Subd. 1.

Policy.

(a)

It is in the public interest to protect against uncoordinated and unplanned land development which affects marshes, swamps, wetlands, drainage ways, lakes and watercourses within the city, which development, if allowed to continue, will result in loss and damage to public and private improvements through inundation by flood waters and subsequent expensive construction of storm sewers and other public projects, in the permanent destruction of these natural resources, loss of water retention facilities, open space and wildlife habitats, and impairment of public and private water supplies. The objectives of this section are to permit and encourage a coordinated land and water management program and the retention of open land uses which will locate permanent structures and artificial obstructions so as to not obstruct the passage of waters nor destroy the natural public water areas, marshes and wetlands within the city. The council has in mind its statutory obligation to adopt a flood plain ordinance pursuant to Minn. Stats. ch. 103, the proposed regulations and model ordinances of the Lake Minnetonka Conservation District and the particular watershed district, the open space policies of the metropolitan council and its guidelines encouraging protection of marshes, wetlands and the flood plain area, and the public interest in preventing irreparable destruction of valuable natural resources as expressed by numerous persons.

(b)

In addition to these general purposes, the specific intent of this section is to:

(1)

Reduce danger to health by protecting surface and ground water supplies from the impairment which results from incompatible land uses by providing safe and sanitary drainage;

(2)

Reduce the financial burdens imposed both on this city and on communities within the watershed districts and the individuals therein by frequent floods and overflow of water on lands;

(3)

Permit and encourage planned development land uses which will not impede the flow of flood water or cause danger to life or property;

(4)

Permit and encourage land uses compatible with the preservation of the natural vegetation and marshes which are a principal factor in the maintenance of constant rates of water flow through the year and which sustain many species of wildlife and plant growth;

(5)

Avoid fast runoff of surface waters from developed areas to prevent pollutional materials such as animal feces, motor oils, paper, sand, salt and other debris, garbage and foreign materials from being carried directly into the nearest natural stream, lake or other public waters;

(6)

Encourage a suitable system of ponding areas to permit the temporary withholding of rapid water runoff which presently contributes to downstream flooding and general water pollution giving preference to areas which contribute to groundwater infiltration and recharge, thereby reducing the need for public projects to contain, store and control such runoff;

(7)

Provide sufficient land area to carry abnormal flows of stormwater in periods of heavy precipitation, and to prevent needless expenditures of public funds for storm sewers and flood protection devices which proper planning could have avoided;

(8)

Prevent the development of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazards;

(9)

Prevent the placement of artificial obstructions which restrict the right of public passage and use of the bed, bank and water of any creeks, marshes or watercourses within the city.

Subd. 2.

Definitions. The following words, terms and phrases, when used in this section, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Artificial obstruction means any obstruction which is not a natural obstruction.

Flood plain means the land area adjacent to a watercourse, drainage way or creek which has been or may be covered by flood waters.

Natural obstruction means any rock, tree, gravel or analogous natural matter that is an obstruction and has been located within the flood plain by a nonhuman cause.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, bridge, conduit, pole, culvert, building, wire, fence, fill, other structure or matter in, along, across or projecting into the flood plain and wetlands conservation area.

Protected area means the area defined and established in section 510.01.

Subd. 3.

Definition and establishment of protected area. The flood plain and wetlands conservation area within the city is defined and established to be the low areas and flood plain adjoining and including any watercourse or drainage way or body of water subject to periodic flooding or overflow; and those areas designated and shown as marsh, wooded marsh, submerged marsh, inundation area, intermittent lake or intermittent streams by the United States Department of the Interior, through the Geological Survey on maps and supporting data designated as Mound Quadrangle, Minnesota, (7.5 minute series, (1958)) and Watertown Quadrangle Minnesota (7.5 minute series, (1981)). Those maps are hereby made a part of this section and two copies thereof will remain on file in the office of the city administrator for public inspection. For purposes of defining the application of this map to any specific area, the maps, data and other available source material for this survey will be on file in the office of the city administrator and will be proof of the intended limits of the flood plain and wetlands conservation area. Any change in the flood plain and wetlands conservation area as may from time to time be determined to be proper will be reflected on those maps.

Subd. 4.

Development prohibited. No filling, grading, dredging, excavation or construction will be allowed within the flood plain and wetlands conservation area; nor on lands abutting, adjoining or affecting such area if such activity properly upon those adjacent areas is incompatible with the policies expressed in this section and the preservation of those wetlands in their natural state; nor will land within the protected area be used in determining minimum area requirements for building sites except as provided in section 510.01, subdivision 11.

Subd. 5.

Permit. To specifically further define the specific boundaries of the flood plain and wetlands conservation area as described in the official maps thereof, and to insure the policies in this section are implemented, any persons undertaking improvements to or on any land abutting or adjacent to the protected area will, prior to commencing the work, obtain a permit therefore from the city. Approval may be expressly given in conjunction with other permits applied for, but no approval will be implied from the grant of such permits nor from the necessity to apply for a permit as described herein. The granting of a permit will in no way affect the owner's responsibility to obtain the approval required by any other statute, ordinance or regulation of any state agency or any subdivision thereof.

Subd. 6.

Public nuisance. Any filling, alteration, construction or artificial obstruction of the flood plain and wetlands conservation area is declared to be and to constitute a public nuisance unless a permit to construct and maintain the obstruction has been obtained in the manner provided herein.

Subd. 7.

Land development and platting. No part of any lot within the flood plain and wetlands conservation area will be platted for residential occupancy or for other uses which will increase the danger to health, life, property or the public welfare. Whenever a portion of the flood plain and wetlands conservation area is located within or adjoins a land area that is being subdivided, the subdivider will dedicate an adequate easement over the land within the protected area and along each side of such area for the purpose of improving or protecting the area for drainage or other purposes expressed in this section and other recreational uses, as determined by the council. Public or private streets, driveways, drainage openings and culverts will not be constructed unless the design thereof has been approved by the city, and such structures will be designed so as not to restrict the flow of water.

Subd. 8.

Credits under other ordinances. When land to be developed is within the municipal utility service area (MUSA) and contains flood plains or wetlands, the owner will receive credit for flood plains or wetlands for purposes of complying with the city's land development and zoning regulations relating to land use density, open space, building unit to land area ratios or other similar requirements, with the exception of park dedication, in an amount equal to but not to exceed the amount of land that qualifies for development. This section shall not apply to open space requirements for planned unit developments.

Subd. 9.

Special assessments. The land area in the flood plain and wetlands conservation area which is not to be developed and which is dedicated as an easement will not be subject to special assessments to defray the cost of other municipal improvement projects, including but not limited to trunk sanitary sewer and water mains and storm sewer improvements.

Subd. 10.

Removal of artificial obstructions. If an artificial obstruction is found after investigation by the city, an order will be issued to the owner, following ten days' written notice and hearing thereon, for removal within a reasonable time as may be prescribed by the condition and type of artificial obstruction. If the owner will fail to remove the artificial obstruction or if the owner cannot be found or determined, the city will have the power to make or cause such removal to be made, the cost of which will be borne by the owner or specially assessed against the lands in the same manner as prescribed by law for the levy of special assessments for municipal improvements notwithstanding section 510.01, subdivision 9. The special assessment will be certified to the county auditor for collection in the same manner as the ad valorem real property tax of the city.

Subd. 11.

Recovery of wetland enforcement costs. Reasonable and necessary costs including but not limited to consulting fees incurred by the city as a result of wetland violations under M.S. § 103G.2242 will be billed directly to the responsible party. If the responsible party is different from the property owner, the city will notify the property owner of the charges. If the responsible party or property owner does not pay the applicable charges, the city may assess any unpaid fees to the respective property or recover the unpaid fees by any other legal means.

(Revised 02/04/2008, Ordinance 319)

Subd. 1.

Purpose. The purpose of this section is to protect the wetlands and maintain buffering around wetlands to ensure the quality and functionality of the natural resources within the city. Wetlands maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife and are an integral part of the community's natural landscape. The city has adopted the Wetland Conservation Act and Shoreland Management Ordinance to further protect the natural resources in the city. When applying this section, if in conflict with other ordinances, the more restrictive requirement applies. In an effort to avoid overlapping or conflicting regulations, this section shall defer to the Minnehaha Creek Watershed District rules for wetland buffering in areas of the city included in that watershed district.

Subd. 2.

Areas affected. Any property which contains a wetland as identified by the U.S. Fish and Wildlife Service maps; contains soils, vegetation, or hydrology that define a wetland, or has been protected by the Minnesota Department of Natural Resources. The section will affect all subdivisions and properties that apply for permits that may impact wetlands as identified by U.S. Fish and Wildlife and MN DNR.

Subd. 3.

Setbacks required.

Setbacks must be verified with wetland delineation information provided on a certified certificate of survey. The requirement for delineation shall be applied in cases where the wetland exists within 150 feet of the proposed project.

Subd. 4.

Buffer strips required. A buffer strip is an area of non-disturbed ground cover abutting a wetland left undisturbed to filter sediment, materials, and chemicals. Wetland buffer strips abutting all wetlands will be maintained. The required buffer widths are as follows:

For subdivisions, an acceptable buffer strip will have the following qualities:

(a)

Continuous dense layer of perennial grasses that have been uncultivated or unbroken for at least ten consecutive years.

(b)

Has an over story of trees and/or shrubs with at least eight percent canopy closure that have been uncultivated or unbroken for at least ten consecutive years.

(c)

Contains a mixture of the plant communities described above, that have been uncultivated or unbroken for at least ten consecutive years.

(d)

If none of these qualities are in existence, establishment of a buffer is required, in accordance with subdivision 6.

Subd. 5.

Unacceptable buffer strips. A buffer strip is unacceptable if:

(a)

It is composed of undesirable plant species (including, but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge and noxious weeds, or any other undesirable species as determined by a natural resource specialist),

(b)

It is lacking a layer of organic thatch or duff,

(c)

It has topography that tends to channelize the flow of surface runoff, or

(d)

For some other reason it is unlikely to retain nutrients and sediment.

Subd. 6.

Buffer areas. Buffer areas not meeting the criteria in subdivision 5 must be planted and maintained according to each of the following:

(a)

Buffer zones will be planted with a seed mix containing 100 percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye.

(b)

The seed mix to be used will consist of at least 12 pounds pure live seed (PLS) per acre of native prairie grass seed and five pounds PLS per acre of native forbs. Native prairie grass and native form mixes will contain no fewer than four and five species respectively.

(c)

The annual nurse or cover crop will be applied at rate of 20 pounds per acre.

(d)

Native shrubs may be substituted for forms. Such shrubs may be bare root seedling and will be planted at a rate of 60 plants per acre. Shrubs will be distributed so as to provide a natural appearance and will not be planted in rows.

(e)

Native prairie grasses and forms will be planted by a qualified contractor.

(f)

No fertilizer will be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory.

(g)

All seeded areas will be mulched immediately with clean straw at a rate of one and one-half tons per acre. Mulch will be anchored.

(h)

Buffer zones (both natural and created), will be protected by silt fence during construction and the fence will remain in place until the area crop is established.

Subd. 1.

Definitions.

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Base flood elevation means the elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey.

Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

Conditional use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

(a)

Certain conditions as detailed in the zoning ordinance exist.

(b)

The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.

Critical facilities means facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

Development means any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Farm fence means a fence as defined by Minn. Stats. § 344.02, subdivision 1(a)—(d). An open type fence of posts and wire is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this chapter.

Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Flood fringe means that portion of the special flood hazard area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

Flood plain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood. Flood plain areas within the City of Minnetrista shall encompass all areas designated as zone A, zone AE, zone AO, or zone AH on the flood insurance rate map adopted in section 510.05 of this chapter.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain that are reasonably required to carry or store the regional flood discharge.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

New construction means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this chapter.

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across, or projecting into any channel, watercourse, lake bed, or regulatory flood plain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater.

One hundred year floodplain means lands inundated by the "regional flood" (see definition).

Principal use or structure means all uses or structures that are not accessory uses or structures.

Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this section, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.

Regional flood means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristics of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used on the flood insurance rate map.

Regulatory flood protection elevation (RFPE) means an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.

Repetitive loss means flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Special flood hazard area means a term used for flood insurance purposes synonymous with "100 year floodplain."

Start of construction means and includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvements that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in section 510.05, subdivision 14(a) and other similar items.

Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure within any consecutive 365-day period, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(a)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

(b)

Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this section, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1.

Subd. 2.

Statutory authorization, findings of fact, and purpose.

(a)

Statutory authorization. The legislature of the State of Minnesota has, in Minn. Stats. chs. 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the city Council of Minnetrista, Minnesota, does ordain as follows.

(b)

Purpose.

(1)

This chapter regulates development in the flood hazard areas of the City of Minnetrista. These flood hazard areas are subject to periodic inundation, which may result in loss of life and 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. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

(2)

National Flood Insurance Program Compliance. This chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

(3)

This chapter is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

Subd. 3.

General provisions.

(a)

How to use this chapter. This chapter adopts the floodplain maps applicable to the City of Minnetrista and included three floodplain districts: Floodway, flood fringe, and general floodplain.

(1)

Where floodway and flood fringe districts are delineated on the floodplain maps, the standards in subdivision 5 or 6 will apply, depending on the location of a property,

(2)

Locations where floodway and flood fringe districts are not delineated on the floodplain maps are considered to fall within the general floodplain district. Within the general floodplain district, the floodway district standards in subdivision 5 apply unless the floodway boundary is determined, according to the process outlined in subdivision 7. Once the floodway boundary is determined, the flood fringe district standards in subdivision 6 may apply outside the floodway.

(b)

Lands to which chapter applies. This chapter applies to all lands within the jurisdiction of the City of Minnetrista shown on the official zoning map and/or the attachments to the map as being located within the boundaries of the floodway, flood fringe, or general floodplain districts.

(1)

The floodway, flood fringe and general floodplain districts are overlay districts that are super imposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.

(c)

Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be part of the official zoning map and this chapter. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the flood insurance rate map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the city clerk.

Effective flood insurance rate map panels:

(d)

Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

(e)

Interpretation. The boundaries of the zoning districts are determined by scaling distances on the flood insurance rate map.

(1)

Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The zoning administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain and other available technical data.

(2)

Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the board of appeals and adjustment and to submit technical evidence.

(f)

Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

(g)

Warning and disclaimer of liability. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter does not create liability on the part of the City of Minnetrista or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(h)

Severability. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.

(i)

Annexations. The flood insurance rate map panels adopted by reference into subdivision 3(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of Minnetrista at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the City of Minnetrista after the date of adoption of this chapter, the newly annexed floodplain land will be subject to the provisions of this chapter immediately upon the date of annexation.

(j)

Detachments. The flood insurance rate map panels adopted by reference into subdivision 3(c) above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this chapter. If any of these floodplain land area are detached from a municipality and come under the jurisdiction of the City of Minnetrista after the date of adoption of this chapter, the newly detached floodplain lands will be subject to the provisions of this chapter immediately upon the date of detachment.

Subd. 4.

Establishment of zoning districts.

(a)

Districts.

(1)

Floodway district. The floodway district includes those areas within zones AE that have a floodway delineated as shown on the flood insurance rate map adopted in subdivision 3(c). For lakes, wetlands and other basins within zones AE that do not have a floodway delineated, the floodway district also includes those areas that are at or below the ordinary high water level as defined in Minn. Stats. § 103G.005, subdivision 14.

(2)

Flood fringe district. The flood fringe district includes areas within zones AE that have a floodway delineated on the flood insurance rate map adopted in subdivision 3(c), but are located outside of the floodway. For lakes, wetlands and other basins within zones AE that do not have a floodway delineated, the flood fringe district also includes those areas below the one percent annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minn. Stats. § 103G.005, subdivision 14.

(3)

General floodplain district. The general floodplain district includes those areas within zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in subdivision 3(c).

(b)

Applicability. Within the floodplain districts established in this chapter, the use, size, type and location of development must comply with the terms of this chapter and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in subdivision 5, 6, and 7 are prohibited. In addition, critical facilities, as defined in subdivision 1, are prohibited in all floodplain districts.

Subd. 5.

Floodway district (FW).

(a)

Permitted uses. The following uses, subject to the standards set forth in subdivision 5(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:

(1)

General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

(2)

Industrial-commercial loading areas, parking areas, and airport landing strips.

(3)

Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails.

(4)

Residential lawns, gardens, parking areas, and play areas.

(5)

Railroads, streets, bridges, utility transmission lines and pipelines, provided that the department of natural resources' area hydrologist is notified at least ten days prior to issuance of any permit.

(b)

Standards for floodway permitted uses.

(1)

The use must have a low flood damage potential.

(2)

The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment.

(3)

Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is unundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (one percent chance) flood.

(c)

Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in subdivision 12 of this chapter and further subject to the standards set forth in subdivision 5(d), if otherwise allowed in the underlying zoning district or any applicable overlay district.

(1)

Structures accessory to the uses listed in subdivision 5(a)(1)—(3) above and the uses listed in subdivision 5(c)(2), (3) below.

(2)

Extraction and storage of sand, gravel, and other materials.

(3)

Marinas, boat rentals, docks, piers, wharves, and water control structures.

(4)

Storage yards for equipment, machinery, or materials.

(5)

Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in subdivision 1, are permitted uses.

(6)

Travel-ready recreational vehicles meeting the exception standards in subdivision 16(b).

(7)

Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.

(d)

Standards for floodway conditional uses.

(1)

All uses. A conditional use must not cause any increase in the stage of the one percent chance or regional flood or cause an increase in flood damages in the reach or reaches affected.

(2)

Fill. Storage of materials and equipment:

a.

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

b.

Fill, dredge, spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.

c.

Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the one percent chance or regional flood may only be allowed if the city council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.

(3)

Accessory structures. Accessory structures, as identified in subdivision 5(c)(1), may be permitted, provided that:

a.

Structures are not intended for human habitation;

b.

Structures will have a low flood damage potential;

c.

Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;

d.

Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed;

e.

Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the state building code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls.

f.

As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

1.

To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

2.

There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

(4)

Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minn. Stats. § 103G.245.

(5)

A levee, dike or floodwall constructed in the floodway must not cause an increase to the one percent chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.

(6)

Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

Subd. 6.

Flood fringe district (FF).

(a)

Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in subdivision 6(b). If no preexisting, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance.

(b)

Standards for flood fringe permitted uses.

(1)

All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.

(2)

Accessory structures. As an alternative to the fill requirements of subdivision 6(b)(1), structures accessory to the uses identified in subdivision 6(a) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the state building code, provided that:

a.

The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage.

b.

All portions of floodproofed accessory structures below the regulatory flood protection elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation.

c.

Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

1.

To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

2.

There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will no satisfy this requirement for automatic openings.

(3)

The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with subdivision 6(b)(1) of this chapter, or if allowed as a conditional use under subdivision 6(c)(3) below.

(4)

The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.

(5)

All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters.

(6)

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

(7)

All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.

(8)

All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city council.

(9)

Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (one percent chance) flood.

(10)

Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location.

(11)

Manufactured homes and recreational vehicles must meet the standards of subdivision 16 of this chapter.

(c)

Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in subdivision 12 of this chapter:

(1)

Any structure that is not elevated on fill or floodproofed in accordance with subdivision 6(b)(1), (2) of this chapter.

(2)

Storage of any material or equipment below the regulatory flood protection elevation.

(3)

The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with subdivision 6(b)(1) of this chapter.

(4)

The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in subdivision 6(d)(6).

(d)

Standards for flood fringe conditional uses.

(1)

The standards listed in subdivision 6(b)(4)—(10) apply to all conditional uses.

(2)

Basements, as defined by subdivision 1 of this chapter, are subject to the following:

a.

Residential basement construction is not allowed below the regulatory flood protection elevation.

b.

Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with subdivision 6(d)(3) of this chapter.

(3)

All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(4)

The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.

a.

The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (one percent chance) flood event.

b.

The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city council.

c.

The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

(5)

Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning.

(6)

Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:

a.

Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the state building code and specifically, that all electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.

b.

Specific standards for above-grade, enclosed areas above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:

1.

The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one-foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings, or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and

2.

That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the state building code and shall be used solely for building access, parking of vehicles or storage.

Subd. 7.

General floodplain district (GF).

(a)

Permitted uses.

(1)

The uses listed in subdivision 5(a) of this chapter, floodway district permitted uses, are permitted uses.

(2)

All other uses are subject to the floodway/flood fringe evaluation criteria specified in subdivision 7(b) below. Subdivision 5 applies if the proposed use is determined to be in the floodway district. Subdivision 6 applies if the proposed use is determined to be in the flood fringe district.

(b)

Procedures for floodway and flood fringe determinations.

(1)

Upon receipt of an application for a permit or other approval within the general floodplain district, the zoning administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source.

(2)

If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the floodway or flood fringe district. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in subdivision 7(b)(3) below.

(3)

The determination of floodway and flood fringe must include the following components, as applicable:

a.

Estimate the peak discharge of the regional (one percent chance) flood.

b.

Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

c.

Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half foot. A lesser stage increase than one-half foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.

(4)

The zoning administrator will review the submitted information and assess the technical evaluation and the recommended floodway and/or flood fringe district boundary. The assessment must include the cumulative effects of previous floodway encroachments. The zoning administrator may seek technical assistance from a designated engineer or other expert person or agency, including the department of natural resources. Based on this assessment, the zoning administrator may approve or deny the application.

(5)

Once the floodway and flood fringe district boundaries have been determined, the zoning administrator must process the permit application consistent with the applicable provisions of subdivision 5 and 6 of this chapter.

Subd. 8.

Public utilities, railroads, roads, and bridges.

(a)

Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the state building code or elevated to the regulatory flood protection elevation.

(b)

Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with subdivision 5 and 6 of this chapter. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

(c)

On-site water supply and sewage treatment systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended.

Subd. 9.

Land development standards. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Minnetrista.

(a)

Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.

(1)

All lots within the floodplain districts must be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation.

(2)

All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (one percent chance) flood has been approved by the city council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.

(3)

For all subdivisions in the floodplain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.

(4)

In the general floodplain district, applicants must provide the information required in subdivision 7(b) of this chapter to determine the regional flood elevation, the floodway and flood fringe district boundaries and the regulatory flood protection elevation for the subdivision site.

(5)

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 such 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.

(b)

Building sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:

(1)

Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

Constructed with materials and utility equipment resistant to flood damage;

(3)

Constructed by methods and practices that minimize flood damage; and

(4)

Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Subd. 10.

Administration. The zoning administrator or other official designated by the city council must administer and enforce this chapter.

Permit requirements:

(a)

Permit required. A permit must be obtained from the zoning administrator prior to conducting the following activities:

(1)

The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this chapter.

(2)

The use or change of use of a building, structure, or land.

(3)

The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this chapter.

(4)

The change or extension of a nonconforming use.

(5)

The repair of a structure that has been damaged by flood, fire, tornado, or any other source.

(6)

The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

(7)

Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for.

(8)

Any other type of "development" as defined in this chapter.

(b)

Application for permit. Permit applications must be submitted to the zoning administrator on forms provided by the zoning administrator. The permit application must include the following as applicable:

(1)

A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.

(2)

Location of fill or storage of materials in relation to the stream channel.

(3)

Copies of any required municipal, county, state or federal permits or approvals.

(4)

Other relevant information requested by the zoning administrator as necessary to properly evaluate the permit application.

(c)

Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the zoning administrator stating that the use of the building or land conforms to the requirements of this chapter.

(d)

Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Floodproofing measures must be certified by a registered professional engineer or registered architect.

(e)

Record of first floor elevation. The zoning administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The zoning administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.

(f)

Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the zoning administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minn. Stats. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

(g)

Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the zoning administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.

Subd. 11.

Variances.

(a)

Variance applications. An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with applicable state statutes and section 505.05, subdivision 9 of the zoning code.

(b)

Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.

(c)

Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

(1)

Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(2)

Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(d)

Flood insurance notice. The zoning administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

(e)

General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:

(1)

The potential 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;

(3)

The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;

(4)

The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;

(5)

The importance of the services to be provided by the proposed use to the community;

(6)

The requirements of the facility for a waterfront location;

(7)

The availability of viable alternative locations for the proposed use that are not subject to flooding;

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

(9)

The relationship of the proposed use to the comprehensive land use plan and flood plain management program for the area;

(10)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(11)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.

(f)

Submittal of hearing notices to the department of natural resources (DNR). The zoning administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(g)

Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(h)

Record-keeping. The zoning administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.

Subd. 12.

Conditional uses.

(a)

Administrative review. An application for a conditional use permit under the provisions of this chapter will be processed and reviewed in accordance with section 505.05, subdivision 7 of the zoning code.

(b)

Factors used in decision-making. In passing upon conditional use applications, the city council must consider all relevant factors specified in other sections of this chapter, and those factors identified in subdivision 11(e) of this chapter.

(c)

Conditions attached to conditional use permits. The city council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:

(1)

Modifications of waste treatment and water supply facilities.

(2)

Limitations on period of use, occupancy, and operation.

(3)

Imposition of operational controls, sureties, and deed restrictions.

(4)

Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.

(5)

Floodproofing measures, in accordance with the state building code and this chapter. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

(d)

Submittal of hearing notices to the department of natural resources (DNR). The zoning administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(e)

Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

Subd 13.

Nonconformities.

(a)

Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in subdivision 1 of this chapter, are subject to the provisions of subdivision 13(a)(1)—(7) of this chapter.

(1)

A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in subdivision 13(b) below.

(2)

Expansion or enlargement of uses, structures or occupancies within the floodway district is prohibited.

(3)

Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the state building code, except as further restricted in subdivision 13(a)(4) (8) below.

(4)

If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of subdivision 5 or 6 of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor.

(5)

If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter. The assessor must notify the zoning administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.

(6)

If any nonconformity is substantially damaged, as defined in subdivision 1 of this chapter, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in subdivision 5 or 6 will apply depending upon whether the use or structure is in the floodway or flood fringe, respectively.

(7)

If any nonconforming use or structure experiences a repetitive loss, as defined in subdivision 1 of this chapter, it must not be reconstructed except in conformity with the provisions of this chapter.

(8)

Any substantial improvement, as defined in subdivision 1 of this chapter, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of subdivision 5 or 6 of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe district.

Subd. 14.

Penalties for violation.

(a)

Violation constitutes a misdemeanor. 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) constitute a misdemeanor and will be punishable as defined by law.

(b)

Other lawful action. Nothing in this chapter restricts the City of Minnetrista from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the zoning administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this chapter and will be prosecuted accordingly.

(c)

Enforcement. Violations of the provisions of this chapter will be investigated and resolved in accordance with the provisions of chapter 15 of Minnetrista City Code. In responding to a suspected ordinance violation, the zoning administrator and city council 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 flood insurance availability to the guilty party. The City of Minnetrista 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.

Subd 15.

Amendments.

(a)

Floodplain designation restrictions on removal. The floodplain designation on the official zoning map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of the department of natural resources (DNR) if the commissioner determines that, through other measures, lands are adequately protected for the intended use.

(b)

Amendments require DNR approval. All amendments to this chapter must be submitted to and approved by the commissioner of the department of natural resources (DNR) prior to adoption. The commissioner must approve the amendment prior to community approval.

(c)

Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in subdivision 3(c) of this chapter.

Subd. 16.

Manufactured homes, manufactured home parks, and recreational vehicles.

(a)

Manufactured homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply:

(1)

Placement or replacement of manufactured home units is prohibited in the floodway district.

(2)

If allowed in the flood fringe district, placement or replacement of manufactured home units is subject to the requirements of subdivision 6 of this chapter and the following standards.

a.

New and replacement manufactured homes must be elevated in compliance with subdivision 6 of this chapter and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

b.

New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in subdivision 9(a)(2).

(b)

Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this chapter.

(1)

Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the following areas and meet the criteria listed in subdivision 16(b)(2):

a.

Individual lots or parcels of record.

b.

Existing commercial recreational vehicle parks or campgrounds.

c.

Existing condominium-type associations.

(2)

Criteria for exempt recreational vehicles:

a.

The vehicle must have a current license required for highway use.

b.

The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.

c.

No permanent structural type additions may be attached to the vehicle.

d.

The vehicle and associated use must be permissible in any pre-existing, underlying zoning district.

e.

Accessory structures are not permitted within the floodway district. Any accessory structure in the flood fringe district must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in subdivision 16(b)(2).

f.

An accessory structure must constitute a minimal investment.

(3)

Recreational vehicles that are exempt in subdivision 16(b)(2) lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of subdivision 6 of this chapter. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur.

(Revised 09/19/2016; Ordinance 442)

Subd. 1.

Purpose. The city intends to maintain trees throughout the community. This section establishes the policies, regulations, and standards necessary to ensure the future of the community forest during the development process. The city council recognizes the ecological, economic, and amenity value and benefit of trees, forests, and natural vegetation in the city. While the destruction of a single tree may not have a significant environmental impact, the city recognizes that tree destruction has a cumulative impact that causes severe environmental degradation and deterioration of the quality of life in the city.

Subd 2.

Affected areas. This section shall apply to the following:

(a)

All subdivisions resulting in five or more units, lots, parcels, tracts or long-term leaseholds regardless of the particular zoning district.

(b)

All planned unit developments, except to the extent that allowances are made under the planned unit development provisions of city code.

Subd. 3.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Caliper inches means the diameter of a tree which is measured in inches at a point 4.5 feet above the ground.

Drip line means the farthest distance away from the trunk of a tree that rain or dew will fall to the ground from the tree's leaves or branches.

Forestry specialist means a landscape architect, certified tree inspector or certified forester or arborist.

Healthy tree means any tree which: 1) is not found to have a systemic disease such as Dutch Elm Disease, Oak Wilt or any other disease recognized by the Minnesota Department of Agriculture; 2) has less than 50 percent of its circumference girdled; 3) does not exhibit "flagging" on more than 30 percent of its crown area; 4) does not pose a hazard to public safety; and 5) does not suffer from any other condition which threatens its viability.

Ideal planting season means specific times of the year in which coniferous and deciduous trees are allowed to be planted to meet the requirements of a tree preservation plan. Ideal planting seasons for deciduous trees shall be from April 7 to June 1 in the spring, and from October 10 to November 15 in the fall. Ideal planting seasons for coniferous trees shall be from April 7 to May 17 in the spring, and from August 25 to September 15 in the fall.

Impacted tree means any tree impacted by construction activity or weather conditions such that the tree has been deemed likely to die by a forestry specialist means impacts can include but are not limited to grading changes affecting a tree's root system, mechanical injuries to the trunks of a tree, compaction of soil and other threats to continued viability.

Replacement tree means any tree installed in response to the removal of a significant tree as required by this section.

Significant tree means a structurally sound and healthy deciduous tree measuring six caliper inches or greater, or a structurally sound and healthy coniferous tree measuring four caliper inches or greater.

Significant tree, especially means an especially significant tree is defined as a large, desirable species of tree that is healthy and strong. The council may find especially significant trees based on the tree inventory, consultation with a forestry specialist, or defined as a tree larger than 16 caliper inches for a sugar maple and American basswood, larger than 20 caliper inches for bur, white, red, or pin oak.

Tree means a woody plant which at maturity is greater than 13 feet in height and has a more or less definite crown.

Trees to be protected means the identified 70 percent or more of existing significant trees intended for protection.

Trees to be removed means the entire list of trees planned for removal within a tree preservation plan or trees identified for removal in conjunction with a permitted activity.

Unplanned removal means any impacted tree or tree removed that was intended for preservation according to a tree preservation plan that is not approved in advance of the removal.

Unit means a separate dwelling unit intended for residential occupancy by one person or household.

Subd 4.

Protection from development.

(a)

Subdivisions and planned unit developments affected by this section are required to protect all significant trees that are not needed to be removed to allow the reasonable development of the property. At a minimum, 70 percent of the total caliper inches of significant trees on the property shall be protected. If the caliper inches of the trees to be removed is greater than the allowed 30 percent, the required replacement trees shall be one caliper inch for each caliper inch removed beyond the allowed 30 percent.

(b)

If it is determined by the city that certain, especially significant trees should be preserved, as defined herein, the developer shall be given double credit towards the preservation of these trees, provided additional measures are taken to protect these trees from compaction and root severing through the design of the plat, proper tree save fencing, and custom grading efforts.

Subd. 5.

Removal of dead, diseased, or invasive species trees.

(a)

Diseased trees on the property that pose a threat to surrounding trees shall not be considered significant trees and shall be removed and disposed of by the applicant. The removal and disposal of diseased trees must comply with any applicable city code and state statute requirements.

(b)

Dead trees shall not be considered significant trees but may be required by city staff to remain on the property for wildlife habitat purposes. Dead trees that are diseased which pose a threat to surrounding trees shall be removed and disposed of by the applicant. The removal and disposal of diseased dead trees must comply with any applicable city code and state statute requirements.

(c)

Invasive species of trees (as defined by the Minnesota Department of Natural Resources) shall not be considered significant trees and shall be removed and disposed of by the applicant.

Subd. 6.

Tree inventory required. All subdivisions and planned unit developments affected by this section are required to submit a tree inventory to the city for review and approval as part of the development process. All tree inventories shall be prepared by a forestry specialist and shall include the following information:

(a)

A page depicting the location of all significant trees on the property. Each significant tree shall be labeled with a unique identification number.

(b)

A page depicting the percent of trees to be protected as part of the development. The trees to be removed shall be clearly distinguishable from the trees to be protected. Proposed lot lines, building pads, driveways, streets, easements, and any areas in which tree disruption is expected shall be shown on this page.

(c)

A page depicting all required plantings including:

(1)

The shade trees to be planted by the applicant (if required by the city code or standards) for the development showing the general location and number of shade tree plantings, and identifying areas in which existing trees can be used to meet the shade tree requirement. The final placement of shade trees shall be determined by city staff;

(2)

The locations and sizes of any required replacement trees (if required by city code or standards); and

(3)

The location of any required landscape plantings (if required by city code or standards).

(d)

A page depicting the final tree design for each lot that shows the trees to be protected and any required replacement trees.

(e)

A page with a matrix that lists the unique identification number for each significant tree, the tree's species or common name, the proposed lot and block on which the tree resides, the size of the tree in caliper inches, and an indication as to whether the tree is intended for removal or preservation. The matrix should be sorted by lot and block, and conclude with a tabulation of the following:

(1)

Total number of significant trees on the site;

(2)

Total number of caliper inches of trees on the site;

(3)

Total number of trees to be removed;

(4)

Total number of caliper inches of trees to be removed;

(5)

Total number of trees to be protected;

(6)

Total number of caliper inches of trees to be protected;

(7)

A calculation of the percentage of trees to be removed; and

(8)

If the percentage of trees to be removed is greater than 30 percent, the number of caliper inches which exceeds the 30 percent removal allowance.

(f)

If the percentage of trees to be removed is greater than 30 percent as calculated in (e)(8) above, a second matrix shall be provided which sorts the significant trees by caliper inch and identifies all trees for which replacement trees are required (in accordance with section 510.07, subdivision 8 of this code). This matrix should conclude with a tabulation of the following:

(1)

Total number of caliper inches for which replacement trees are required;

(2)

Calculation of the required caliper inches of trees to be replaced and shown as required replacement trees within the tree preservation plan.

Subd. 7.

Tree inventory updates. Tree inventories may need to be updated due to changes in grading plans, construction-related events, or the passage of significant amount of time between the initial inventory and the submittal of preliminary or final plat application. Tree inventory updates shall include the following information:

(a)

All significant trees on the site shall be re-examined by a forestry specialist. The tree inventory must identify all impacted trees. Impacted trees shall be identified as trees to be removed on the updated tree inventory;

(b)

Updated tree inventories shall be subject to the same requirements and submitted in the same format as the original tree inventory required by this section;

(d)

If an updated tree inventory indicates that trees actually removed exceeded the planned trees to be removed as previously approved by the city, the applicant shall be required to provide additional replacement trees;

(e)

If the revised inventory indicates fewer trees have been removed than originally stated in the tree preservation plan, the applicant shall receive a credit for the additional caliper inches of trees that were preserved. The credit may only be used towards planned future removal of trees on the property. Under no circumstances may this credit be used to eliminate required plantings for the development that are required by other city code provisions or standards (i.e., shade trees), nor may the credits be used to avoid the applicant's existing obligations to ongoing or completed construction (i.e., expected replacement trees required in conjunction with a building permit).

Subd. 8.

Protection during development. Both the applicant and the builder shall be responsible for all trees on an individual lot until the as-built survey is approved, and for the trees on the remainder of the property until all public improvements are accepted regardless of whether the applicant is constructing the homes within the subdivision or planned unit development or is selling the proposed lots to individual builders.

Subd. 9.

Protection timeline. Trees identified on the tree preservation plan shall be protected by the applicant throughout the development process. Upon approval of an as-built survey indicating the location of existing and newly planted trees, the city's enforcement of the tree preservation plan shall cease. For lots and outlots that are not intended to be built upon, the tree preservation work shall be reviewed and accepted from the applicant upon acceptance of the required improvements. For developments containing homeowners' associations, the homeowners' association shall be responsible for further enforcement of the preservation of significant trees and this obligation shall be reflected in the homeowners' association's declaration.

Subd. 10.

Replacement tree rate requirements. Planned and unplanned removal of trees shall be subject to the following requirements:

(a)

Caliper inches planned for removal beyond the allowed 30 percent shall be subject to a required replacement as defined in this section. For every caliper inch of trees to be removed beyond the allowed 30 percent, replacement trees shall be required at a rate of one caliper inch for every one caliper inch of trees lost.

(b)

In the event a tree to be preserved is later identified for removal in conjunction with an activity authorized by the city, the replacement trees shall be required at a rate of one caliper Inch for every one caliper inch of trees lost.

(c)

If a tree to be preserved is subject to unplanned removal, the replacement trees shall be required at a rate of two caliper inches for every one caliper inch of trees lost.

(d)

Tree replacement required under this chapter shall be in addition to shade tree or other plantings required by other code provisions.

(e)

Alternatives to tree replacement.

(1)

In cases in which it can be demonstrated that a property cannot accommodate additional trees on site and replacement trees are required, the city council, at its sole discretion, may also allow an applicant to contribute $100.00 per caliper inch city's tree replacement and environmental enhancement fund.

(2)

In the case of unplanned tree removal, the city planner, or his or her designees, may allow an applicant to contribute $100.00 per caliper inch of unplanned tree removal to the city's tree replacement and environmental enhancement fund.

(3)

The city may use the funds paid to the tree replacement and environmental enhancement fund for the following activities:

a.

Planting additional trees on public property;

b.

Conducting environmental enhancement projects on public or private property. Projects include:

1.

Invasive species eradication and native planting restoration;

2.

Projects associated with the maintenance and monitoring of the city's conservation easements;

3.

Other city-sponsored/initiated activities regarding tree planting or environmental enhancements;

4.

Other environmental enhancements, as approved by city council.

Subd. 11.

Replacement tree type requirements. Replacement trees shall be subject to the following requirements:

(a)

Deciduous trees. Must be no less than two caliper inches;

(b)

Coniferous trees. Must be no less than six feet in height;

(c)

Replacement trees shall be a species similar to those trees which were removed. However, the replacement tree must be one of the following species: American Arborvitae, American Linden, Balsam Fir, Black Hills Spruce, Black Walnut, Bur Oak, Canadian Hemlock, Flowering Crabapple, Douglas Fir, Hackberry, Hawthorn, Honeylocust, Ironwood, Kentucky Coffeetree, Littleleaf Linden, Mountain Ash, Northern Catalpa, Norway Pine, Pin Oak, Red Pine, Redmond Linden, Red Maple, Red Oak, River Birch, Shagbark Hickory, Silver Maple, Sugar Maple, Swamp White Oak, Tamarack, White Fir, White Oak, White Pine, White Spruce. The city council may consider approving additional permitted Tree species upon the request of the applicant. The applicant shall utilize a variety of species, and one species shall not consist of more than 25 percent of a replacement schedule.

Subd. 12.

Security for tree preservation and replacement trees. To ensure tree preservation and that replacement tree efforts are successful, the following are required:

(a)

Applicants subject to this section maybe required to provide the city with a financial security consisting of a letter of credit, cash, or escrow, in favor of the city, in an amount of 150 percent of the estimated cost of the tree replacement and any required landscaping work.

(b)

All replacement trees, required shade trees and landscaping shall be planted during the ideal planting season unless otherwise authorized by city staff. Upon completion of planting, the applicant shall submit to the city a useable inventory of the trees planted.

(c)

All trees, required shade trees and landscaping material planted shall be warranted by the applicant through two complete growing seasons. During this time, the city shall inspect the trees and landscaping material in order to ensure that they are healthy and do not need to be replaced. If any tree or landscaping material needs to be replaced, the city shall notify the applicant in writing. If the applicant does not replace the trees or landscaping material within the specified time in the notice, the city may replace them and draw from the financial security for its expenses incurred in performing the work.

(d)

If trees are declared to be healthy trees by the city upon inspection and any required landscaping material is also healthy, the applicant may request a reduction to the financial security, provided that adequate funds remain equal to 150 percent of the cost to complete any remaining work.