(A) Statutory authorization. This floodplain chapter is adopted pursuant to the authorization and policies contained in M.S., Ch. 103F; Minnesota Rules, parts 6120.5000-6120.6200; the rules and regulations of the National Flood Insurance Program in 44 C.F.R. § 59-78; and the planning and zoning enabling legislation in M.S., Ch. 462.
(B) Purpose.
(1) This chapter regulates development in the flood hazard areas of the city. 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) This chapter is adopted in the public interest to promote sound land use practices, and floodplains are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.
(3) This chapter is adopted to maintain eligibility in the National Flood Insurance Program.
(4) 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.
(C) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. The standards in this chapter take precedence over any less restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(D) 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 or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. 151, 4th Series, passed 9-6-2022)