Ord #016-3rd Ser/Amending code re: floodplain management

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Sec.78-1103 Statement of Purpose It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 78-1102(a)by provisions contained herein. DIVISION 2. GENERAL PROVISIONS Sec.78-1104 Lands to Which Ordinance Applies: This Ordinance shall apply to all lands within the jurisdiction of the City of Orono shown on the Official Floodplain Overlay District Map and/or the attachments thereto as being located within the boundaries of the Floodway,Flood Fringe,or General Flood Plain Districts. Sec.78-1105 Establishment of Official Floodplain Overlay District Map. The Official Floodplain Overlay District Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study,Volume 1 of 2 and Volume 2 of 2,Hennepin County,Minnesota,All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0144E,27053C0165E, 27053CO284E, 27053CO285E, 27053CO292E, 27053C0301E, 27053C0302E,27053C0303, 27053C0304E,27053C0306E,27053C0307E,27053C0308E, 27053C0311E,27053C0312E,27053C0312E,27053C0316E for the City of Orono, dated September 2,2004,as developed by the Federal Emergency Management Agency. The Official Floodplain Overlay District Map shall be on file in the office of the Planning Director. Sec.78-1106 Regulatory Flood Protection Elevation The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Sec.78-1107 Interpretation (a) In their interpretation and application,the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City Council and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (b) The boundaries of the zoning districts shall be determined by scaling distances on the Official Floodplain Overlay District Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Floodplain Overlay District Map,as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Planning Director,the City Council shall make the necessary interpretation. All decisions will be based on elevations on the regional(100-year) flood profile,the ground elevations that existed on the site at the time the Community adopted its initial floodplain ordinance,and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence. Sec.78-1108 Abrogation and Greater RestricNons It is not intended by this Ordinance to repeal, abrogate,or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions,the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. Page 2 of 24