(A) Statutory Authorization: The legislature of the state of Minnesota has, in Minnesota Statutes Annotated chapters 103F and 394 for counties or 462 for municipalities, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statutes Annotated chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the national flood insurance program. Therefore the city of Farmington, Minnesota, does ordain as follows.
(B) Statement Of Purpose: The purpose of this section is to maintain the community's eligibility in the national flood insurance program codified as 44 code of federal regulations parts 59-78, as amended and to minimize potential losses due to periodic flooding including loss of life, loss of 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, all of which adversely affect the public health, safety and general welfare.
(C) Warning Of Disclaimer Of Liability: This section does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This section shall not create liability on the part of the city of Farmington or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decisions lawfully made hereunder.
(D) General Provisions:
1. Adoption Of Floodplain Maps: The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The attached material shall include the "Flood Insurance Study For Dakota County, Minnesota And Incorporated Areas" and flood insurance rate map panels therein numbered 27037C0204E, 27037C0208E, 27037C0209E, 27037C0212E, 27037C0214E, 27037C0216E, 27037C0217E, 27037C0218E, 27037C0219E, 27037C0236E, 27037C0238E, 27037C0356E and 27037C0360E, all dated December 2, 2011, and prepared by the federal emergency management agency. The official zoning map shall be filed in the office of the zoning administrator.
2. Lands To Which Section Applies: This section shall apply to all lands designated as zone AE or zone A within the jurisdiction of Farmington as shown on the official zoning map and/or the attachments thereto.
3. Interpretation: The boundaries of the floodplain district shall be determined by GIS or scaling distances on the official floodplain zoning district map. Where interpretation is needed as to the exact location of the boundaries of the floodplain district, the city engineer shall make the necessary interpretation based on elevations on the regional (100-year) flood profile, if available, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or on the date of the first national flood insurance program map showing the area with the 100-year floodplain if earlier, and other available technical data. If 100-year flood elevations are not available, the community shall: a) require a floodplain evaluation consistent with subsection (F) of this section to determine a 100-year flood elevation for the site; or b) base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the floodplain.
4. Abrogation And Greater Restrictions: It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
5. Severability: If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
6. Annexations: The flood insurance rate map panels adopted by reference into subsection (D)1 of this section may include floodplain areas that lie outside of the corporate boundaries of the city of Farmington at the time of adoption hereof. If any of these floodplain land areas are annexed into the city of Farmington after the date of adoption hereof, the newly annexed floodplain lands shall be subject to the provisions of this section immediately upon the date of annexation into the city of Farmington.
(E) Conflict With Preexisting Zoning Regulations And General Compliance:
1. The Floodplain District As Overlay Zoning District: The floodplain zoning district shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in subsection (F) of this section shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this section shall apply in addition to other legally established regulations of the community and where this section imposes greater restrictions, the provisions of this section shall apply.
2. Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, repaired, maintained, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the floodway and flood fringe, all uses not listed as permitted uses in subsection (F) of this section shall be prohibited. In addition, a caution is provided here that:
(a) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this title and specifically subsections (F) and (N) of this section;
(b) Modifications, repair, maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this title and specifically subsection (K) of this section; and
(c) As built elevations for elevated structures must be certified by ground surveys as stated in subsection (I) of this section.
(F) Permitted Uses, Standards, And Floodplain Evaluation Criteria:
1. Permitted Uses In The Floodplain: The following uses of land are permitted uses in the floodplain district:
(a) Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.
(b) Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment, provided these activities meet two (2) conditions. First, they are located in the flood fringe portion of the floodplain. Second, that compensatory flood storage volume is provided equal to the amount of fill proposed. The compensatory volume shall be provided between the impacted area and the channel in such a way to prevent an increase in the existing or future regional flood profile. These uses shall be subject to the development standards in subsection (F)2 of this section and the floodplain evaluation criteria in subsection (F)3 of this section for determining floodway and flood fringe boundaries.
(c) Travel trailers and travel vehicles are regulated by subsection (N) of this section.
2. Standards For Floodplain Permitted Uses:
(a) Fill And Slopes: Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The federal emergency management agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation; FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(b) Setbacks: Setbacks for floodplain alterations, fill, and new underground utilities, such as water, sanitary and storm sewers and interceptors, gas lines, phone lines, and pipelines shall be established and used along major waterways. These setbacks shall be established as follows. The exception is for utilities that need to reach or cross the major waterway, provided the minimum impact alignment is used.
(1) Where a major waterway has a sinuous flow pattern and a meander belt can be identified, the setback for new underground utilities shall be set back fifteen feet (15') from the outer edge of the meander belt.
(2) Where a sinuous flow pattern and meander belt are not readily identifiable because of past channel alterations and/or the geomorphology of the channel, the setback established for new underground utilities shall provide for the potential for restoration and a sinuous flow pattern as follows.
(3) Where there are existing encroachments that limit full restoration of the stream to the meander widths appropriate for the stream type, the setback shall be fifteen feet (15') from the reasonably achievable restoration width for the meander belt given the existing encroachments.
(4) Where full restoration is possible, the setback shall be fifteen feet (15') from a meander belt width established along the stream reach that has a width ten (10) times the bank full channel width. An assessment of the stream type may be completed, and meander belt widths established according to the stream type, in place of using the above ten (10) times formula. Note: The 1999 Vermillion River assessment report, available at the Dakota SWCD or the Dakota County offices of the VRWJPO, provide assessment of the stream type for many reaches of the Vermillion River.
(5) Where buffers are required, aboveground encroachments, alterations, and fill shall be consistent with the prohibited and allowed uses and widths specified in the buffer standard.
(c) Projects Altering Floodplain Boundaries: Projects that result in an increase to the 100-year flood stage for activities in the floodway, such as bridge crossings and regional ponds that increase upstream high water levels are allowed provided that:
(1) The applicant submits easements or other documentation in a form acceptable to the city or the VRWJPO demonstrating and recording the consent of the owner of any land affected by the increased high water levels,
(2) The action is consistent with other portions of these standards; and local, state and federal regulations, and a conditional and final letter of map revision is secured from the federal emergency management agency when required by 44 code of federal regulations, section 60.3 (c) or (d), and
(3) The upstream impacts, riparian impacts and habitat impacts of the proposed action are analyzed and no detrimental impacts result, or adverse impacts are mitigated.
(d) Storage Of Materials And Equipment:
(1) 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.
(2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation.
(e) Adverse Impact: Floodplain alteration or filling shall not cause a net decrease in flood storage capacity below the projected 100-year critical flood elevation unless it is shown that the proposed alteration or filling, together with the alteration or filling of all other land on the affected reach of the water body to the same degree of encroachment as proposed by the applicant, will not cause high water or aggravate flooding on other land and will not unduly restrict flood flows.
(f) Above Regulatory Flood Protection Elevation: All new structures shall be constructed with the lowest floor elevated on fill at or above the regulatory flood protection elevation, which is more restrictive than the minimum elevations and standards as specified in state of Minnesota rules chapter 6120.5800, subdivision 4.B: shoreland and floodplain management; Dakota County ordinance 50: shoreland and floodplain ordinance: FP, floodplain district; as applicable.
(g) Projects: Projects involving development, redevelopment, or the subdivision of land, shall establish flood storage, flowage, and drainage easements over areas below the 100-year critical flood elevation of any public water, public waters wetland, or wetland.
(h) All Uses: Uses that do not have vehicular access at or above an elevation not more than two feet (2') below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the board of adjustment. In granting a variance, the board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist.
(i) Commercial And Manufacturing Uses: Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet (2') or be subject to flood velocities greater than four feet (4') per second upon occurrence of the regional flood.
(j) On Site Sewage Treatment And Water Supply Systems: Where public utilities are not provided: 1) on site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and 2) new or replacement on site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on site sewage treatment systems shall be determined to be in compliance with this section.
(k) Anchored Foundations: All manufactured homes 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 to be 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.
3. Floodplain Evaluation:
(a) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplain district, the planning coordinator shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minnesota rules, 1983, parts 6120.5600 (technical standards and requirements for floodplain evaluation) and 6120.5700 (minimum floodplain management standards for local ordinances) shall be followed during the technical evaluation and review of the development proposal. In a zone AE on the flood insurance rate map panel adopted in subsection (D)1 of this section, the floodway and flood fringe boundaries shall be as shown on the flood insurance rate map.
(b) The planning coordinator shall submit one copy of all information required by this subsection (F) to the respective department of natural resources' area hydrologist for review and comment at least twenty (20) days prior to the granting of a permit or manufactured home park development/subdivision approval by the community. The planning coordinator shall notify the respective department of natural resources area hydrologist within ten (10) days after a permit or manufactured home park development/subdivision approval is granted.
(G) Utilities, Railroads, Roads And Bridges In The District:
1. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to above the regulatory flood protection elevation.
2. Public Transportation Facilities (Including Railroad Tracks, Roads And Bridges): Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation 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 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.
(H) Subdivisions:
1. City Engineer Review For Suitability: No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the city engineer for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. The city engineer shall review the subdivision/development proposal to ensure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities.
2. Evaluation: In the floodplain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in subsection (F) of this section. The city engineer shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in subsection (F) of this section.
3. Access Roads: For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
4. Removal Of Special Flood Hazard Area Designation: The federal emergency management agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(I) Administration:
1. Permit Required: A permit issued by the city engineer shall be secured prior to the construction, addition, alteration, rehabilitation (including normal maintenance and repair) or modification of any building or structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the placement of an obstruction within the floodplain.
2. State And Federal Permits: Prior to granting a permit or processing an application for a variance, the city engineer shall determine that the applicant has obtained all necessary state and federal permits.
3. Certification Of Lowest Floor Elevations: The applicant shall be 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 title. The city engineer shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the floodplain district.
4. Notifications For Watercourse Alterations: The city engineer shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota statute, chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago regional office of the federal emergency management agency (FEMA).
5. Notification To FEMA When Physical Changes Increase Or Decrease The 100-Year Flood Elevation: As soon as practical, but not later than six (6) months after the date such supporting information becomes available, the city engineer shall notify the Chicago regional office of FEMA of the changes by submitting a copy of said technical or scientific data.
(J) Variances:
1. Definition; Applicability: A "variance" means a modification of a specific permitted development standard required in an official control including this title to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation.
2. Board Action: The board may authorize upon appeal in specific cases such relief or variance from the terms of this title as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the board of adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance.
3. When Allowed: Variances from the provisions of this title may be authorized where the board of adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this title. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection. The following additional variance criteria of the federal emergency management agency must be satisfied:
(a) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(b) Variances shall only be issued by a community upon: 1) a showing of good and sufficient cause, 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a determination that the granting of the 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.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Copies Of Application: The board shall submit by mail to the commissioner of natural resources a copy of the application for proposed variance sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the commissioner of natural resources within ten (10) days of such action.
5. Appeals: Appeals from any decision of the board may be made, and as specified in this community's official controls and also Minnesota statutes.
6. Flood Insurance Notice And Recordkeeping: The zoning officer shall notify the applicant for a variance that: a) 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 twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and b) such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program.
(K) Nonconformities: A structure or the use of a structure or premises which was lawful before the passage or amendment of this title but which is not in conformity with the provisions of this title may be continued subject to the following conditions:
1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
2. Any structural alteration to a nonconforming use in the floodway or flood fringe which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsections (K)3 and (K)6 of this section. A structural addition to a nonconforming structure must be located outside of the floodway and must be elevated on fill to the regulatory flood protection elevation in accordance with subsection (F)2 of this section.
3. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the current market value of the structure, then the structure must meet the standards of subsection (F) of this section for new structures.
4. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this title.
5. If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of fifty percent (50%) or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title. The city engineer may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this title.
6. If "substantial improvement" occurs, as defined in section 10-2-1 of this title, for any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of this title.
(L) Penalties For Violation: A violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor.
1. In responding to a suspected ordinance violation, the zoning officer and local government 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 community 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.
2. When an ordinance violation is either discovered by or brought to the attention of the zoning officer, the zoning officer shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate department of natural resources and federal emergency management agency regional office along with the community's plan of action to correct the violation to the degree possible.
3. The zoning officer shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the zoning officer may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the zoning officer may either: a) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or b) notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed thirty (30) days.
4. If the responsible party does not appropriately respond to the zoning officer within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The zoning officer shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
(M) Amendments 1 : All amendments to this title, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the commissioner of natural resources prior to adoption. The floodplain designation on the official floodplain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the floodplain. Changes in the official zoning map must meet the federal emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten (10) days' written notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration.
(N) Travel Trailers And Travel Vehicles: Travel trailers and travel vehicles that do not meet the exemption criteria specified below shall be subject to the provisions of this section and as specifically spelled out below:
1. Exemption: Travel trailers and travel vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in subsection (N)2 of this section and further they meet the following criteria:
(a) Have current licenses required for highway use.
(b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it.
(c) The travel trailer or travel vehicle and associated use must be permissible in any preexisting, underlying zoning use district.
2. Areas Exempted For Placement Of Travel/Recreational Vehicles:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium type associations.
3. Additions And Accessory Structures: Travel trailers and travel vehicles exempted in subsection (N)1 of this section lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in subsection (F) of this section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.
4. Subject To Floodplain Provisions: New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts provided said trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of subsection (F)3 of this section and proper elevated road access to the site exists in accordance with subsection (F) of this section. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.
(b) All new or replacement travel trailers or travel vehicles not meeting the criteria of subsection (N)4(a) of this section may, as an alternative, be allowed if in accordance with the following provisions: The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of subsections (N)1(a) and (N)1(b) of this section will be met. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with subsection (F) of this section. (Ord. 011-640, 11-7-2011; amd. Ord. 021-761, 8-16-2021)
Notes
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