A. Warning And Disclaimer Of Liability For Flooding:
1. This title does not imply that areas outside floodplain areas or land uses permitted within such districts will be free from flooding or flood damages. This title shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this title or any administrative decisions lawfully made hereunder.
2. No responsibility or liability shall arise from the design or operation of subdivision drainage facilities dedicated to the City until the City has accepted such dedication.
B. Subdivision Flooding And Flood Control: No land shall be subdivided if the City Council finds the land unsuitable for subdividing due to flooding, inadequate drainage, water supply, or sewage treatment facilities in accordance with this title and the zoning ordinance. Any building sites on lots within the Floodplain District shall be at or above the regulatory flood protection elevation in accordance with this title and the zoning ordinance. All subdivisions shall have water supply and sewer disposal facilities that comply with the provisions of this title and any applicable Building, Health or Safety Codes, including the Minnesota State Building Code. All subdivisions shall have road access both to the subdivision and to the individual building sites no lower than two feet (2') below the regulatory flood protection elevation. Each of the above requirements shall take into consideration the 100-year flood profile and other supporting technical data in the Flood Insurance Study and the Flood Insurance Rate Map.
C. Public Utilities: All public utilities and facilities such as gas, electrical, telephone, sewer, and water supply systems to be located in the floodplain shall be elevated or floodproofed in accordance with the Minnesota State Building Code to an elevation no lower than the regulatory flood protection elevation, in accordance with State and Federal agency regulations and the City zoning ordinance Floodplain District.
D. Public Transportation Facilities: Railroad tracks, roads and bridges to be located within the Floodway District shall comply with this title and the zoning ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure and 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 or auxiliary railroad tracks, roads, or bridges may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety and as long as such construction is in accordance with the rules and regulations of the Department of Natural Resources, State of Minnesota, the Federal Emergency Management Agency, and the City zoning ordinance Floodplain District. (Prior Code § 21-1-10)