(A) Upon receipt of an application for a development for a use within a Flood Hazard Overlay, the applicant is required to furnish the following as is applicable to the application as determined by the City Manager for the determination of the flood hazard area boundary and the adequacy of the proposed use for the particular site:
(1) Plans drawn to scale showing the following information:
(a) The nature, location, dimensions, and elevation of the lot.
(b) The existing or proposed structures, fill, or storage of materials.
(c) Flood-proofing measures, and the relationship of the above to the location of the stream channel.
(d) The relationship of the above to the location of the stream channel.
(2) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
(3) The applicant is required to submit certification by a registered engineer or surveyor licensed by the State of Minnesota that the floodproofing, finished fill and building elevations were accomplished in compliance with the provisions of this section.
(B) One copy of the plans and specifications defined above must be given to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation of the designated engineer or expert, the City Manager shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
(1) The danger to life and property due to increased flood heights or velocities caused by encroachment.
(2) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(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 plan and flood plain management programs for the area.
(10) The safety of access to the property in times of flood for ordinance and emergency vehicles.
(11) The expected heights, velocity, duration rate of rise, and sediment transport of the flood waters expected at the site.
(12) Such other factors which are relevant to the purposes of this chapter.
(D) Reasonable conditions. The City Council shall attach any reasonable conditions as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
(1) Modification of waste treatment and water supply facilities.
(2) Limitations on period of use, occupancy or 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) Flood proofing measures, in accordance with the State Building Code and this chapter. The applicant must submit a plan or documentation certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(E) State and federal permits. Prior to granting approval for any application for development, the City Manager shall determine that the applicant has obtained all necessary state and federal permits.
(Ord. 2000-936; Am. Ord. 2005-1033, passed 2-7-05)