To obtain a permit, the applicant shall first file a permit
application on a form furnished for that purpose. The form must be
completed and submitted to the designated responsible person with
a fee of $50 before the issuance of a permit will be considered.
The responsible person shall review all permit applications
to determine whether proposed building sites will be reasonably safe
from flooding. If a proposed building site is in a flood-prone area,
all new construction and substantial improvements, including the placement
of manufactured homes, shall be:
A. Designed (or modified) and adequately anchored to prevent floatation,
collapse, or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
B. Constructed with materials and utility equipment resistant to flood
damage;
C. Constructed by methods and practices that minimize flood damage;
and
D. Constructed with electrical, heating, ventilation, plumbing, and
air-conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
The responsible person shall review subdivision proposals and
other proposed new development to determine whether such proposals
will be reasonably safe from flooding. If a subdivision proposal or
other proposed new development is in a flood-prone area, any such
proposal shall be reviewed to assure that:
A. All such proposals are consistent with the need to minimize flood
damage within the flood-prone area;
B. All public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to minimize or eliminate
flood damage; and
C. Adequate drainage is provided to reduce exposure of flood hazard.
The responsible person shall require, within flood-prone areas,
new and replacement water supply systems to be designed to minimize
or eliminate infiltration of floodwaters into the systems.
The responsible person shall require within flood-prone areas:
A. New and replacement sanitary sewage systems to be designed to minimize
or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters; and
B. On-site waste disposal systems to be located to avoid impairment
to them or contamination from them during flooding.
The City of Fairfax shall not approve any development located
in a Special Flood Hazard Area (SFHA) outside the corporate limits
unless such development or plat is in the accordance with the following:
A. A floodplain ordinance legally adopted by the City of Fairfax that
meets the minimum federal (44 CFR 60.3), state (Minnesota Regulation
Parts 6120.5000 through 6120.6200), and local requirements for development
within a Special Flood Hazard Area.
B. The SFHA's of those parts of unincorporated Renville County
that are within the extraterritorial jurisdiction of the City of Fairfax
or that may be annexed into the City of Fairfax are generally identified
as such on the Flood Hazard Boundary Map (FHBM) or the Flood Insurance
Rate Map (FIRM) prepared by the Federal Emergency Management Agency
(FEMA) [or the Department of Housing and Urban Development (HUD)].
As used in this chapter, the following terms shall have the
meanings indicated:
DEVELOPMENT
Any man-made change to real estate, including but not limited
to construction or reconstruction of buildings, installing manufactured
homes or travel trailers, installing utilities, construction of roads
or bridges, erection of levees, walls, or fences, drilling, mining,
filling, dredging, and storage of materials.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland or tidal
waves, or the unusual and rapid accumulation or runoff of surface
waters from any source.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designated for use with or
without a permanent foundation when attached to the required utilities.
NEW CONSTRUCTION
For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the start of construction commenced on or after the effective date
of a floodplain management regulation adopted by a community and includes
any subsequent improvements to such structures.
PERSON
Includes any individuals, corporation, partnership, association,
or any other entity, including state and local governments and agencies.
SPECIAL FLOOD HAZARD AREA
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. The
area may be designated as "Zone A" on the FHBM. After detailed ratemaking
has been completed in preparation for publication of the Flood Insurance
Rate Map, Zone A usually is refined into Zones A, AO, AH, Al-30, AE,
A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or
V. For purposes of these regulations, the term "special flood hazard
area" is synonymous in meaning with the phrase "area of special flood
hazard."
STRUCTURE
For floodplain management purposes, a walled and roofed building,
including gas or liquid storage tanks, that is principally aboveground.
The term includes recreational vehicles and travel trailers on site
for more than 180 days.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either a) before the improvement or repair is started, or
b) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure regardless of the actual work preformed. The term does
not, however, include either 1) any project for improvement of a structure
to comply with existing state or local health, sanitary, or safety
code specifications which are solely necessary to assure safe living
conditions or 2) any alteration of a "historic structure," provided
that the alteration will not preclude the structure's continued
designation as a "historic structure."
Any person who violates this chapter shall, upon conviction
thereof be fined not less than $25 nor more than $200. A separate
offense shall be deemed committed upon each day during or on which
a violation occurs or continues.
The provisions and sections of this chapter shall be deemed
separable, and the invalidity of any portion of this chapter shall
not affect the validity of the remainder.
This chapter shall be in full force and effect from and after
its passage and approval and publication, as required by law.