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6.b) Amendments to Chapter 6 of the Scandia Development Code, Floodplain Management Regulations . , • Meeting Date: 9/1/2009 Agenda Item: � �� f �, Planning Commission/ City Council '� " b � �� Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651)433-2274 Action Requested: Hold a public hearing on an Amendment to the Scandia Development Code, Chapter 6, Floodplain Management Regulations (Draft Ordinance No. 118). Deadline/Timeline: Amendments must be in place by February 3, 2010 to maintain participation in the National Flood Insurance Program (NFIP.) Minnesota DNR requests submission by November 3, 2009 for their required review. • Background: • Scandia's Floodplain Management Regulations were adopted in March of 2009. They were based on the FEMA(Federal Emergency Management Agency) Flood Insurance Study and Flood Insurance Rate Maps (FIRMs)prepared in 1981 and 1982. • FEMA began the process of updating their study and the FIRMs several years ago. That process is now concluding, and the new study and maps will become effective on February 3, 2010. All Washington County communities have been notified that they must amend their regulations to reference the new study and maps by that date or be suspended from the NFIP. • The Minnesota DNR is responsible for reviewing floodplain regulations before they are submitted to FEMA for approval. DNR staff provided technical assistance with the 2008 ordinance, and reviewed it to determine what amendments are needed to comply with the new study. � The attached ordinance was drafted based on their review. Changes to only a few paragraphs are needed. The amendments are show in redlined format, with additions underlined and deletions crossed out. DNR staff has already given conditional approval of the amendment. Recommendation: I recommend that the Planning Commission hold the public hearing • and that the Council adopt the ordinance. After the DNR's approval, the ordinance would be published and become effective on February 3, 2010, the same date as the FEMA study and FIRMs. Page 1 of 2 08/25/09 , . Attachments/ • Draft Ordinance No. 118, Amendment to Floodplain Management • Materials provided: Regulations • Letter dated August 3, 2009 from FEMA • Letter dated August 7, 2009 from Minnesota Department of Natural Resources • Letter dated August 25, 2009 from Minnesota Department of Natural Resources Contact(s): Prepared by: Anne Hurlburt, Administrator (floodplain regulations amendment) • • Page 2 of 2 08/25/09 • CITY OF SCANDIA ORDINANCE NO. 118 AN ORDINANCE AMENDING CHAPTER 6 OF THE DEVELOPMENT CODE OF THE CITY OF SCANDIA PERTAINING TO FLOODPLAIN MANAGEMENT REGULATIONS The City Council of the City of Scandia hereby ordains: Section 1. AMENDMENT. Chapter 6, Section 2.2 of the Development Code of the City of Scandia shall be amended to read as follows: 2.2 Establishment of Official Zoning Man. The Flood Insurance Study,�e�-Washington County, Minnesota And Incoroorated Areas and Flood Insurance Rate Map Panels therein numbered 27163C0045E, 27163C0065E, 27163C0067E 27163C0069E 27163C0070E 27163C0086E, 27163C0132E, 27163C0134E 27163CO151E 27163C0152E 27163C0153E, 27163C0154E 27163C0157E. 27163C0159E and 27163C0160E all dated Februarv 3,2010 and prepazed by the Federal Emerget�cy Management Agency��e�- , , , are hereby adopted by reference and declazed to be a part of the Official Zoning Map, as established by Chapter 2, S�ction 1.1 of the Scandia • Development Code and this Chapter. The Offi�ial Zoning Map shall be on file in the Office of the City Clerk and the Building Official. SecNon 2. AMEI�DMEN�.'. Chapter 6, Section 2.8 (20)of the Development Code of the City of Scandia shall be amen�ed to read as follows: , . (20) �tructur�. Anything�onstructed or erected on the ground or attached to the ground or on-site utilities, includin,g,but not limited to,buildings, factories, sheds, detached garages, cabins,manufact�red homes,recreational vehicles not meeting the exemption criteria specifi� in Section 9.1 (1) of this Chapter and other similar items. Section 3. AMENDMENT. Chapter 6, Section 3.1 of the Development Code of the City of Scandia shall be amended to read as follows: 3.1 Districts. The floodplain areas within the jurisdiction of this Chapter are hereby divided into three Districts: (1) Floodwav District. The Floodway District shall include those azeas shown on the Flood Insurance Rate Map as adopted in Section 2.2 as being within���-Zone • AE and that are at or below the ordinary high water elevation of public waters lakes or public waters wetlands basins as defined in Minnesota Statutes, Section 103G.005, subdivision 14. ��,-r�,�-�r �'••�• - D• +� � a , „ �- a • ,, • �> ,, �� ,,.•a,,,,,,o •.t c �� � � �\ � Draft Ordinance No. 118 (2) Flood Frin�e District. • �e��;���The Flood Fringe District shall include those areas shown within Zones�-AE, ^� on the Flood Insurance Rate Map adopted in Section 2.2 but being located above the ordinary high water level of public waters lakes and public waters wetlands as defined in Minnesota Statutes Section 103G.005 subdivision 14 and below the 100-vear flood elevation. . h���o oa � a •.i o .• � � (3) General Flood Plain District. The General Flood Plain District shall include those areas designated as Zone AE for the St. Croix River and all Zone A���nes ^.���- areas on the Flood Insurance Rate Map adopted in Section 2.2. Section 4. AMENDMENT. Chapter 6, Section 6.2 (2) of the Development Code of the City of Scandia shall be amended to read as follows: (2) The applicant shall be responsible to submit ot�e copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the propcn�d use is in the Floodway or Flood Fringe District and to determine the regulatory fload pa�tttection elevation. Proc�dures consistent with Minnesota Regulations 1983, Parts 6120.5400 - 6120.62� and 44 Code of Federal • Regulations Part 65 shall be follo�ved in�is exp�ert evaluation. The designated engmeer or expert is strongly encour�gved to disct�ss the proposed technical evaluation methodology with the respective Department of 1'�atural Resources'Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (A) Estimate the peatc discharge of the regional flood. (B) Caiculate 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 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. For the mapped lake and wetland�l�basins within the City of Scandia as shown on the Flood Insurance Rate Map Panels adopted in Section 2 2 of this Chapter, the floodway shall be that area of the floodplain below the eOrdinary �High�Water level�as defined in Minnesota Statute Section 103G 005 subdivision 14. • 2 Draft Ordinance No. 118 • Section 5. EFFECTIVE DATE. This ordinance shall become effective on February 3, 2010. Passed and adopted by the City Council of the City of Scandia this 1�`day of September, 2009. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator � , ; ; . 3 4e�Rr.M °�""�fta ����° Federal Emergency Management Agency �-. ^w � °2.,, Jo- Washington, D.C. 20472 • ��Nn sE�' CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED 19P August 3, 2009 The Honorable Dennis Seefeldt Community: City of Scandia. Mayor, City of Scandia Washington County, 13809 Scandia Trail Minnesota Scandia, MN 55073 Community No.: 270582 Map Panels Affected: See FIRM Inde� Dear Mayor Seefeldt: This is to formally notify you of the final flood elevation determination for the City of Scandia, Washington County, Minnesota, in compliance with Title 44, Chapter 1, Part 67, Section 67.1 l, Code of Federal Regulations (CFR). This section requires that notice of final flood elevations shall be sent to the Chief Executive Officer of the communiry, all individual appellants, and the State Coordinating Agency, and shall be published in the Federal Register. - On May 17, 1982, the Department of Homeland Security's Federal Emergency Management Agency • (FEMA) issued a Flood li�surance Rate Map(FIRM) that identified the Special Flood Hazard Areas (SFHAs), the areas subject to inundation by the base(1-percent-annual-chance) flood, in your communit_y. Recently, FEMA completed a re-evaluation of flood hazards in your community. On November 30, 2007, FEMA provided you with Preliminary copies of the Flood Insurance Study (FIS) report and FIRM that identify existing flood hazards in your community, including Base Flood Elevations (BFEs). The proposed BFEs for your community were published in tlle St. Paa�l Piuneer Pr�ess on April 16, 2008, and April �3, 2008, and in the Federal Register, at Volume 73,No. 65, Pages 18248 through 18250, on April 3, 2008. The statutory 90-day appeal period, which was initiated on the second newspaper publication date cited above, has ended. FEMA did not receive any appeals of the proposed BFEs during that time. Accordingly, the BFEs for yo�n�community are considered final. The final rule for BFEs will be published in the Federal Register as soon as possible. The FIRM for your community will become effective on February 3, 2010. Before the effective date, FEMA will send you final printed copies of the F1S report and F[RM. Because the FIS report establishing the BFEs for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months fi�om the date of this letter. Prior to February 3, 2010, your community is required, as a condition of continued eligibility in the National Flood lnsurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(c)of the NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more strinbent nature. lt must be emphasized that all the standards specified in Paragraph 60.3(c) of the NFIP regulations must be • enacted in a legally enforceable document. This includes adoption of the current effective FIS report and � • FIRM to which the regulations apply and other modifications made by this map revision. Some ofthe standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(c); 2. Adopting all the standards of Paragraph 60.3(c) into one new, comprehensive set of regulations; or 3. Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(c). Commw�ities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section ?02(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as a►nended. In addition to your communiry using the F'1S report and FIRM to manage development in the floodplain, FEMA will use the FIS ceport and FIRM to establish appropriate flood insurance rates. On the effective date of the revised F1RM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. The actuarial Flood insurance rates increase as the lowest elevations (includinb basement)of new structures decrease in relation to the BFEs established for your community. This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. • To assist your community in maintaining the FIRM, we reviewed our records to determine if any previous Letters of Map Change (i.e., Letters of Map Amendment, Letters of Map Revision) will be superseded when the revised FIRM becomes effective. According to our records, no Letters of Map Change were issued previously. The FIRM and FIS ►•eport for yo�u•community have been prepared in our countywide format, which means that flood hazard information for all jurisdictions within VVashinbton Count�� has been combined into one FIRM and F1S report. When the FIRM and FIS report are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to county officials, where they will be available for review by your community. The FIRM panels have been computer-generated. Once the FIRM and FIS report are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a compirter mapping system. These files can be used in conjunction with othe►• thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our Map Service Center, toll free, at 1-800-358-9616. In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. Ifyour community is encountering difficulties in enacting the necessary floodplain management measures required to continue participation in the NFIP, we urge you to call the Director, Federal Insurance and Mitigation Division of FEMA in Chicago, lllinois, at(312)408-5529 for assistance. Ifyou have any • questions concerning mapping issues in general, please call our Map Assistance Center, toll free, at 1-877-FEMA MAP (1-877-336-2627). Additional information and resources your community may find , � helpful regarding the NF1P and floodplain management, such as The National Flood h�szn�ance P�-og�•am • Cocle of Federnl Regz�latrons,Anstii�ers to Questions About the National Flood Insurance Program, Freqtient[v Asked Q�i�estions Regardif7g the Effects that Rei�ised Flood Hazrn•ds hni�e o��E.iistirrg Strarctin�e, Use of Flood Insur�ance Stardl� (F7.S� Data us Avcrilable Data, and Natiortal Flooc�Insa.ai•artce Progruna Elevation Certificnte ar�d Instructions, can be found on our website at http://ww�v.floodmaps.fema.gov/Ifd. Paper copies of these documents may also be obtained by calling our Map Assistance Center. Sincerely, G'1/,�i(%"�,�ee"'.� � � !/ William R. Blanton Jr., CFM, Chief Engineering Management Branch Mitigation Directorate cc: Community Map Repository Tom Peterson, City Engineer, City of Scandia . • • , . ' ��P,��OF MIN/y�sO� 9 Minnesota Department of Natural Resources � ° 9 W 500 Lafayette Road p� o�� St. Paul, Minnesota 55155-40_ � 5 ��FNA7UF�p�"P August 7, 2009 The Honorable Dennis Seefeldt, Mayor City of Scandia 14727 209`t' Street No. Scandia, MN 55073 Dear Mayor Seefeldt: WASHINGTON COUNTY FLOOD INSURANCE STUDY(ALL JURISDICTIONS) You should have recently received a Letter of Final Determination (LFD) from the Federal Emergency Management Agency(FEMA)dated August 3, 2009. This LFD explained that the repnrt entitled "Flood Insurance Study, Washington County, Minnesota And Incorporated Areas,"and the accompanying flood insurance rate map panels, will become effective on February 3, 2010(which is 6 months from the date of the LFD). • This letter is intended to address the statement in the LFD that advised our communi to ad floodplain regulations compliant with 44 Code of Federal Regulations, Section 60.3 by the opt February 3, 2010 study/map effective date. As the State Coordinating Agency for the National Flood Insurance Program (NFIP), DNR Waters' staff person Craig Wills from our Central Regional Office will be providing direct assistance to your community during this 6-month floodplain ordinance adoption period. Mr. Wills will advise your staff whether your community should adopt an entirely new floodplain ordinance or amend the floodplain regulations already in existence in your community. I strongly encourage your community to contact Mr. Wills as soon as possible to initiate this process so as to prevent your community from being suspended from the National Flood Insurance Program should you not meet the 6-month deadline. � We strongly encourage your communily to submit a draft floodplain ordinance%rdinance revision to Mr. WiUs no[ater than November 3, 2009(which is the midpoint of the 6-month adoption period). This allows time for our review/approval, your community to cvmplete the adoption/publication process and for an adopted/certified copy of the ordinance to l�e sent to the Federal Emergency Management Agency's Chicago Regional Office in Chicago no later than the study/map effective date. • DNR Infocmation: 65I-296-6157 • I-888-646-6367 • TTY:65I-296-5484 • I-800-657-3929 An Equal Oppoilimit� Em�ilover �� Prinled on Recyrled Paper Cun�ainin�_a titinimum of 10'/r Pus1-Consumer Waste � r • The Honorable Dennis Seefeldt August 7, 2009 Page 2 If FEMA follows its normal practice, your community should be receiving a hard copy of • the flood insurance study text and the respective flood insurance rate map panels for your community by approximately December 3, 2009. Some communities have expressed their concern that they must have the final study/maps in their possession when they initiate the ordinance adoption/amendment process. Therefore, we have made arrange- ments with FEMA and we anticipate placing an electronic version of the final flood insurance study text and flood insurance rate map panels on our ftp site at ftn://ftn.dnr.state.mn.us/nub/waters/floodplain/Countv data/Washin t�on within 30 days of this letter. The FEMA has advised us that, without excention, a community will be suspended from the National Flood Insurance Program if the required floodplain ordinance documents aze not received by their Chicago Regional Office by the study/map effective date. A suspended community may be reinstated at a later date upon the community: 1) submitting the required floodplain ordinance language; and 2)either documenting that no improper floodplain development has occurred since the study/map effective date or demonstrating that any improper • floodplain development has been properly mitigated. During the suspension period, no flood insurance policies could be written or renewed�in a suspended community. This would have a serious impact on people exposed to flood damage or those who are trying to purchase homes in designated 100-year floodplain where flood insurance is a requirement of the loan. Mr. Wills' mailing address is DNR Waters, 1200 Warner Road, St. Paul, MN, 55106. Please feel free to contact Mr. Wills at any time at(651)259-5757 should you wish to discuss this fur�her. Sincerely, DNR Waters C�--}' � Ceil Strauss, CFM State Coordinator,National Flood Insurance Program C: Anne Hurlburt, City Administrator Jennifer Scholl, FEMA Dale Homuth Craig Wills • Minnesota Department of Natural Resources Minnesola • DNR Waters- 12Q0 Warner Road, St. Paul,MN 55106-6793 Telephone: (651)259-5845 Fax: (651) 772-7977 DEPARTNENTOF NATUAALRESOURCES August 25,2009 The Honorable Dennis Seefeldt Mayor,City of Scandia Scandia Community and Senior Center 14727 209th St.N. Scandia,MN 55073 Dear Mayor Seefeldt: We received a proposed floodplaia management ordinance for the City of Scandia firom Anne Hurlburt,City Administrator, via email on August 1 S,2009. T'his proposed floodplain ordinance is being adoptcd to incorporate the revised Flood Insurancc Study,Washington Counry,Minnesota and lncorporated Areas,and the accompanying Flood Insurance Rate Map Panels with an effective date of February 3,2010,and also to adopt floodplain ordiciance text revisions mandated by FEMA for communities participating in the National Flood Insuratice Program. I am pleased to inform you that the above-cited draft floodplain management ordioance is in compliaace with"Statewide Standards and Criteria for Menagement of Floodplain Areas of Minnesota,"Minnesota Regulations,Parts 6120.5000 to 6120.6200. Therefore,in accordance with Minnesota Statutes,Chapter 103F,T hereby give conditional state approva!of the above-cited draft flaodplain management ordinanc�. • After adoprion,would you please provide Area Hydrologist Craig Wills at our Central Region Of�ice with three(3)copies of the completed Ordinance Certification Checklist(copy enclosed),along with three(3)certified copies of the documeat(s) requested in the checklist. Upon receipt of these materials,we wil]make sure that one copy is submitted to Jennifer Scholl at FEMA's Chicago Regional OtTice. 1'lease be advised that any future amendment of this ordinance or change in the designa[ion of flood prone areas requires prior approval of the Cornmissioner. You are also required to send copies of hearing notices and final decisions pertaining to variances,conditional use permits,and ordinance amendments to this agency. Please send these notices d'uecdy to Area Hydrologist Craig Wills at DNR Waters, 1200 Warner Road,St.Paul,MN 55]06-6793. Please rely on Mr.Wills for day- to-day assistaace in administering your community's floodplain management ordinance. He can be reached at(651)259- 5757. Your community's cooperation and initiative in providing for the reduction in ftood damage through the adoption and administration of this ordinance is greaQy appreciated. Sincer � � Dale omuth Regional Hydrologist C: FEMA Region 5,Jennifer Scholl MN DNR Flood Plain Program,Ceil Strauss,Tom Lutgen, City of Scandia,Anne Hurlburt Salam Murtada � City of Scandia File MN DNR Area Hydrologist,Craig Wills www.dnrs�ole.mn.us AN EQUAIOPPORTUNITY EMPLOYER r�� PR�NTED ON RECYCIED PAPER CONTAINING A MINIMUM OF 1 p%POST-CONSUMER WASTE