(A) Warning and disclaimer of liability for flooding.
(1) 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 will not create liability on the part of the City of Dilworth or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decisions lawfully made thereunder.
(2) No responsibility or liability will arise from the design or operation of subdivision drainage facilities dedicated to the city until the city has accepted such dedication.
(B) Land requirements. As stated in § 154.06(B), land use must be suited to the purpose for which it is to be subdivided. No plat will be approved if the site is not suitable for the purposes proposed by reason of potential flooding.
(C) Subdividing flooding and flood control.
(1) No land will be subdivided if the Council finds the land unsuitable for subdividing due to flooding, inadequate drainage, water supply, or wastewater treatment facilities in accordance with this chapter and the Zoning Ordinance. Any building sites on lots within the flood fringe district must be constructed in accordance with this chapter and the Zoning Ordinance. All subdivisions must have water and sewer disposal facilities that comply with the provisions of this chapter, and any applicable building, health or safety codes, including the Minnesota State Building Code. Each of the above requirements must take into consideration the 100-year flood profile and other supporting technical data in the Flood Insurance Study and the Flood Insurance Rate Map.
(2) In reviewing proposed subdivisions in the floodway or flood fringe overlay districts, all criteria of the Zoning Ordinance shall be considered.
(D) Building site improvements for flood prone areas.
(1) Should the City Council determine that only a part of a proposed plat can be safely developed, it will limit development to that part and require that the specifications for development be consistent with its determination.
(2) When someone other than the applicant intends to develop the plat, and the City Council determines that additional use controls are required to ensure safe development, it may require the applicant to impose appropriate deed restrictions on the land. Such deed restrictions must be inserted in every deed and noted on the face of the final recorded plat.
(E) Plat and data requirements. The applicant must prepare and submit a preliminary plat which includes the following flood related data; as stated in § 154.05(A), a preliminary plat must include:
(1) One hundred-year flood elevations, the regulatory flood protection elevation, and boundaries of floodway and flood fringe areas, if known, taking into consideration the Flood Insurance Study and Flood Insurance Rate Map; and
(2) Proposed fill, levees, structural flood works, channel modifications, and other methods to address flood or erosion hazard areas in accordance with the Zoning Ordinance and by use of the 100-year flood profile and other supporting technical data in the Flood Insurance Study. This information must be submitted when requested by the city staff, consultants, advisory bodies, the Planning Commission, and/or City Council to address site specific questions.
(F) Denial of plat. As stated in § 154.05(D), the Planning Commission may recommend denial and the Council may deny a subdivision if it makes any of the following findings related to subdivision in flood prone areas:
(1) That the physical characteristics of this site, including, but not limited to, topography, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage, and retention, are such that the site is not suitable for the type of development, design, or use; and
(2) That the proposed subdivision, its site, or its design adversely affects the flood carrying capacity of the floodway, increases flood stages or velocities, or increases flood hazards within the floodway or flood fringe or within other areas of the city.
(Ord. passed - -)