EQEC 9/10/24
Environmental Quality and Energy
Commission Meeting
September 10, 2024
7:00 PM
Fridley Civic Campus, 7071 University Ave N.E.
Agenda
Call to Order
Approval of Agenda
Approval of Meeting Minutes
1.Approve the Minutes from the Environmental Quality and Energy Commission meeting of
August 13, 2024
New Business
2.Election of Vice Chair
3.Rescheduling of the November 11, 2025 meeting.
4.Floodplain Ordinance Update
Old Business
5.Energy Action Plan Updates
6.Grant Updates
7.Outreach and Events Updates
Other Items
8.Informal Status Reports
Adjournment
Accessibility Notice:
If you need free interpretation or translation assistance, please contact City staff.
Si necesita ayuda de interpretación o traducción gratis, comuníquese con el personal de la ciudad.
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neeg ua hauj lwm.
Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha
Magaalada.
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Environmental Quality and Energy Commission Agenda Page 2
Meeting 9/10/2024
Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of
Fridley services, programs or activities. Hearing impaired persons who need an interpreter or other persons who
require auxiliary aids should contact CityClerk@FridleyMN.gov or (763) 572-3450.
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AGENDA REPORT
Meeting Date:September10, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Approve the Minutes from the Environmental Quality and Energy Commission meeting of August13,
2024
Background
Approve the minutes from the Environmental Quality and Energy Commission meeting ofAugust13,
2024.
Recommendation
Approve the minutes from the Environmental Quality and Energy Commission meeting of August13,
2024.
Attachments and Other Resources
Environmental Quality and Energy Commission Minutes-August 13, 2024
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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ENVIRONMENTAL QUALITY & ENERGY
COMMISSION MEETING
August13,2024
7:00 PM
Fridley Civic Campus, 7071 University Ave N.E.
MINUTES
Call to Order
Commissioner Hansen called the Environmental Quality and Energy Commissionto order at7:02p.m.
Roll Call
Present:Heidi Ferris
Sam Stoxen
Avonna Starck
Mark Hansen
Amy Dritz
Absent:Aaron Klemz
Justin Foell
Others Present: Rachel Workin, Environmental Planner
David Ostwald, Councilmember-at-Large
Approval of Chair Pro-Tem
Motion by CommissionerHansento nominateCommissionerDritzas Chair Pro-Tem for the meeting.
Seconded by CommissionerStoxen. The motion carried unanimously.
Approval of Agenda
Motionby CommissionerHansen to approvethe meeting agenda. Secondedby CommissionerStoxen.
The motion carriedunanimously.
Approval of Meeting Minutes
1.Approval of May14, 2024 EnvironmentalQuality and Energy Commission Meeting Minutes
Motionby CommissionerHansento approvethe May14,2024meeting minuteswith this change.
Secondedby CommissionerStarck.The motion carriedunanimously.
New Business
2.2025Meeting Dates
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Environmental Quality & Energy Commission Minutes Page 2
Meeting 8/13/2024
Ms. Workin shared the proposed 2025 meeting dates in the packet. Motion by Commissioner Stoxen to
approve the proposed 2025 meeting dates. Seconded by Commissioner Hansen. The motion carried
unanimously.
Old Business
3. Electric Vehicle Ordinance Language
Ms. Workin shared the proposed electric vehicle ordinance language to include in the recodification of
the zoning code. Ms. Workin recommended limiting the requirement for bollards, curbing or other
forms of protection to only free-standing electric vehicle chargers. Commissioners recommended
requiring a site plan be to ensure that the future electric vehicle chargers did not encroach into parking
spots required to meet parking minimums and clarifying the definitions between electric vehicle
chargers and electric vehicle supply equipment. For discussion purposes only, no action was taken.
4. Sylvan Hills Stormwater Park Improvements
Ms. Workin shared the draft concept for the Sylvan Hills Stormwater Park Improvements.
Commissioners recommended connecting the trail loop and adding more diversity in tree species.
5. Energy Action Plan updates
Ms. Workin shared that discussions with the new Home Energy Squad service provider were ongoing.
She also shared that the Request for Proposals for solar on the Moore Lake Community Building was
open. She said that door knocking at Clean Energy Resource Teams at Fridley Terrace was successful.
Touch a Truck on August 20.
6. Grant Updates
Ms. Workin shared that the City was beginning work on the ReLeaf grant and that construction of the
four rain gardens on Channel Road was about to begin. She also said the City received grant funding
for an electric lawn mower from the MPCA.
7. Outreach and Event updates
Ms. Workin shared that the Pop-Up Community Toy Store at the Environmental Fun Fair was a success
and the City was planning a baby gear swap in partnership with ECFE at their Fall Festival.
Other Items
8. Informal Status Reports
Commissioner Ferris shared about successful educational programs around pollinators that were
implemented this spring at Fridley Public Schoos.
Adjournment
Motion by Commissioner Hanson to adjourn the meeting. Seconded by Commissioner Stoxen. The
Motion carried unanimously. The meeting was adjourned at 8:07 p.m.
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Environmental Quality & Energy Commission Minutes Page 3
Meeting 8/13/2024
Respectfully submitted,
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________________________________________________________
Rachel Workin
Environmental Planner
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AGENDA REPORT
Meeting Date:September10, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Election of Vice Chair
Background
The commission should elect a new vice chair to serve
through the remainder of 2024.
Recommendation
Staff recommend that the commission elect a new vice chair.
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:September10, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Rescheduling of the November 11, 2025 meeting.
Background
At the August meeting, staff proposed 2025 meeting dates for adoption. The November meeting date
to be rescheduled.
Recommendation
Staff recommend that the Commission select a new date for the November meeting.
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stablehome for families and businesses.
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AGENDA REPORT
Meeting Date:September 10, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Floodplain Ordinance Update
Background
The City of Fridley is updating its zoning code as part of a comprehensive recodification process. The
zoning code includes a floodplain overlay district that imposes additional regulations on properties in
mapped floodplains for the protection of life and property. Including these regulations within the zoning
code is required so that Fridley property owners can participate in in the National Flood Insurance
Program. The State of Minnesota has adopted state statutes outlining these regulations to ensure that
2015, the State statute and accompanying model ordinance were subsequently updated in 2022. Staff
model ordinance. The modified version of the model ordinance is attached. Blue language is optional.
The primary change relates to updated definitions for structure, principal structure, and accessory use
which results in more clarity around how non-principal structures should be elevated. There is also more
clarification on the process for approving alternative elevation methods as well asmore supporting
technical informationfor how alternative elevation methods should be constructed.
Recommendation
Staff recommend that the Commission discuss the proposed floodplain ordinance.
Attachments and Other Resources
Draft Ordinance Language
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Minnesota Model Floodplain Ordinance
This model ordinance has been developed to be consistent with Minnesota Statutes, Chapter 103F, Minnesota Rules, parts
6120.500 6120.6200; 44 CFR § 59 to 78; Federal Emergency Management Agency (FEMA) technical bulletins and policies; as
well as other state agency statutes and rules. Ordinance provisions may differ slightly from the wording in law due to
inconsistencies or for ease of administration. The model also contains administrative language not in rule to help clarify
procedures for the purposes of ordinance administration. Where applicable, the most restrictive standards have been
incorporated into this ordinance.
This model includes the three primary types of floodplain districts: Floodway, Flood Fringe, and General Floodplain. As
presented, it incorporates ordinance provisions for a community that has all three districts present on their Flood Insurance
Rate Maps. Local communities are encouraged to work with DNR to tailor the language based on the flood districts present in
the community.
development.
Blue bold text
standards that provide better protection than the minimum state/federal standards, as well as alternative approaches that
allow for easier administration. This text is identified as optional and explained in further detail in the Model Floodplain
Ordinance with Commentary. Please note that for at least a couple of these provisions, deletion may require additional edits,
which is explained further in the commentary.
Local governments are encouraged to reach out to DNR staff during your ordinance update process. For those communities
interested in other forms of higher ordinance standards, the DNR would be happy to offer feedback and suggestions based on
each community
Contents
SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE ................................................................................ 2
SECTION 2.0 DEFINITIONS ................................................................................................................................... 2
SECTION 3.0 JURISDICTION AND DISTRICTS ........................................................................................................ 5
SECTION 4.0 REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS ......................................................................... 6
SECTION 5.0 FLOODWAY DISTRICT ...................................................................................................................... 7
SECTION 6.0 FLOOD FRINGE DISTRICT ................................................................................................................. 8
SECTION 7.0 GENERAL FLOODPLAIN DISTRICT .................................................................................................. 11
SECTION 8.0 SUBDIVISION STANDARDS ............................................................................................................ 12
SECTION 9.0 PUBLIC AND PRIVATE UTILITIES, SERVICE FACILITES, ROADS, BRIDGES, AND RAILROADS .......... 12
SECTION 10.0 MANUFACTURED HOMES AND RECREATIONAL VEHICLES ........................................................... 12
SECTION 11.0 ADMINISTRATION ......................................................................................................................... 13
SECTION 12.0 NONCONFORMITIES ..................................................................................................................... 15
SECTION 13.0 VIOLATIONS AND PENALTIES ........................................................................................................ 16
SECTION 14.0 AMENDMENTS .............................................................................................................................. 16
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SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE
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1.1 Statutory Authorization. This floodplain ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 103F; Minnesota Rules, parts 6120.5000 6120.6200; the rules and regulations of the
National Flood Insurance Program (NFIP) in 44 CFR § 59 to 78; and the planning and zoning enabling legislation in
Minnesota Statutes, Chapter 462.
1.2 Purpose
1.21 This ordinance regulates development in the flood hazard areas of the City of Fridley. 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 ordinance to promote the public health, safety,
and general welfare by minimizing these losses and disruptions.
1.22 This ordinance 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.
1.23 This ordinance is adopted to maintain eligibility in the National Flood Insurance Program.
1.24 This ordinance 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.
1.3 Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing
easements, covenants, or other private agreements. The standards in this ordinance take precedence over any less
restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
1.4 Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain districts or land
uses permitted within such districts will be free from flooding or flood damages. Not all flood risk is mapped. Larger
floods do occur and the flood height may be increased by man-made or natural causes, such as ice jams or bridge
openings restricted by debris. This ordinance does not create liability on the part of the City of Fridley or its officers or
employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully
made hereunder.
1.5 Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a
court of law, the remainder of this ordinance shall not be affected and shall remain in full force.
SECTION 2.0 DEFINITIONS
2.1 Definitions. Unless specifically defined, words or phrases used in this ordinance must be interpreted according to
common usage and so as to give this ordinance its most reasonable application.
2.111 Accessory Structure. A structure, as defined in this ordinance, that is on the same parcel of property as, and is
incidental to, the principal structure or use; an accessory structure specifically excludes structures used for
human habitation.
2.112 Base Flood. The flood having a one-
2.113 Base Flood Elevation (BFE). The elevation of the base flood, regional flood, or one-percent annual chance flood.
2.114 Basement. Any area of a structure, including crawl spaces, having its floor subgrade (below ground level) on all
four sides, regardless of the depth of excavation below ground level.
2.115 Building. See Structure.
2.116 Channel. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and
conduct flowing water either continuously or periodically.
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2.117 Conditional Use. A land use or development that would not be appropriate generally, but may be allowed with
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appropriate restrictions upon a finding that certain conditions as detailed in the zoning ordinance exist, the use
or development conforms to the comprehensive land use plan of the community, and the use is compatible with
the existing neighborhood.
2.118 Critical Facilities. Buildings and structures that contain essential facilities and services necessary for
emergency response and recovery, or that pose a substantial risk to the public in the event of failure,
disruption of function, or damage by flooding. Specifically, this includes facilities identified as Flood Design
Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended. Examples include health care
facilities, facilities required for emergency response, power generating stations, communications towers, or
electrical substations.
2.119 Development. Any man-made change to improved or unimproved real estate, including, but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials.
2.120 Equal Degree of Encroachment. A method of determining the location of floodway boundaries so that floodplain
lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
2.121 FEMA. Federal Emergency Management Agency.
2.122 Farm Fence. An open type of fence of posts and horizontally run wire, further specified in Minnesota Statutes,
section 344.02, Subd. 1(a-d).
2.123 Flood. A temporary rise in the stream flow or water surface elevation from any source that results in the
inundation of normally dry land areas.
2.124 Flood Fringe. The portion of the one-percent annual chance floodplain located outside of the floodway. This
district shall be extended laterally to the 0.2-percent annual chance floodplain, where mapped.
2.125 Flood Insurance Rate Map (FIRM). An official map on which the Federal Insurance Administrator has delineated
both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
2.126 Flood Insurance Study (FIS). The study referenced in Section 3.2, which is an examination, evaluation and
determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination,
evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.
2.127 Floodplain. The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which
have been or hereafter may be inundated by the base flood.
2.128 Floodproofing. A combination of structural and non-structural additions, changes, or adjustments to properties
and structures subject to flooding, primarily for the reduction or elimination of flood damages.
2.129 Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining
floodplain which must be reserved to carry or store the base flood discharge without cumulatively increasing the
water surface elevation more than one-half foot.
2.130 General Floodplain. Those floodplains designated on the Flood Insurance Rate Maps referenced in Section 3.2,
but that do not have a delineated floodway.
2.131 Light Duty Truck. Any motor vehicle that has all three of the following:
A. 8,500 pounds Gross Vehicle Weight Rating or less;
B. vehicle curb weight of 6,000 pounds or less; and
C. basic vehicle frontal area less than 45 square feet.
2.132 Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a
basement area, is not considered a build
render the structure in violation of the applicable non-elevation design requirements of 44 CFR § 60.3.
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2.133 Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis
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and is designed for use with or without a permanent foundation when attached to the required utilities. The
2.134 New Construction. Structures for which the start of construction commenced on or after the effective date of an
adopted floodplain management regulation, and includes any subsequent improvements to such structures.
2.135 Principal Structure
2.136 Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive
bridge crossings would most typically constitute a reach.
2.137 Recreational Vehicle. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the
largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and
is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use. Those vehicles not meeting this definition shall be considered a structure for
the purposes of this ordinance. For the purposes of this ordinance, the term recreational vehicle is synonymous
2.138 Regulatory Flood Protection Elevation (RFPE). An elevation that is one foot above the elevation of the base flood
plus any increases in the water surface elevation caused by encroachments on the floodplain that result from
designation of a floodway. These increases in water surface elevations are typically identified in the Floodway
Data Tables, found in the Flood Insurance Study.
2.139 Repetitive Loss. Flood related damages sustained by a structure on two separate occasions during a ten year
period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25%
of the market value of the structure before the damage occurred.
2.140 Stage Increase. Any increase in the water surface elevation during the one-percent annual chance flood caused
by encroachments on the floodplain.
2.141 Start of Construction. Includes substantial improvement, and means the date the permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement
was within 180 days of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions
of the building.
2.142 Structure. A roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a
manufactured home. Recreational vehicles not considered travel ready, as detailed in Section 10.22, shall also be
considered a structure for the purposes of this ordinance.
2.143 Subdivision. Land that has been divided for the purpose of sale, rent, or lease, including planned unit
developments.
2.144 Substantial Damage. Damage of any origin sustained by a structure where the cost of restoring the structure to
its before damaged condition would equal or exceed 50 percent of the market value of the structure before the
damage occurred.
2.145 Substantial Improvement. Within any 365-day period, aAny reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
e incurred
either:
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A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or
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safety code specifications which have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions; or
B.
defined in 44 CFR § 59.1.
2.146 § 59.1 and Minnesota Statutes, Section 462.357,
Subd. 6(2).
2.147 Watercourse. A channel in which a flow of water occurs either continuously or intermittently in a definitive
direction. The term applies to either natural or artificially constructed channels.
SECTION 3.0 JURISDICTION AND DISTRICTS
3.1 Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Fridley within
the boundaries of the Floodway, Flood Fringe and General Floodplain Districts.
3.11 The Floodway, Flood Fringe or General Floodplain Districts are overlay districts. The standards imposed in the
overlay districts are in addition to any other requirements. In case of a conflict, the more restrictive standards
will apply.
3.12 Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field
conditions (as illustrated in Figure 1), the Base Flood Elevation (BFE) shall be the governing factor in locating the
outer boundaries of the one-percent annual chance floodplain.
Figure 1: The mapped floodplain may not always align with on-the-ground contour elevations.
3.13 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their
case to the Planning Commission \[Planning Commission/Board of Adjustment\] and to submit technical
evidence.
3.2 Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by
reference and declared to be a part of the official zoning map and this ordinance. The attached material includes the
Flood Insurance Study for Anoka County, Minnesota, and Incorporated Areas, dated December 16, 2015, and the Flood
Insurance Rate Map panels enumerated below, dated December 16, 2015, all prepared by the Federal Emergency
Management Agency. These materials are on file in the Planning Division of the City Office \[list location where maps
will be filed i.e., City Hall\].
27003C0381E 27003C0392E
27003C0382E 27003C0401E
27003C0383E 27003C0403E
27003C0384E 27003C0411E
27003C0391E
Approved Letters of Map Change (LOMC) existing at the adoption of this ordinance are also herein
incorporated by reference,
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3.3 Districts
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3.31 Floodway District. Those areas within Zone AE delineated within floodway areas as shown on the Flood
Insurance Rate Maps referenced in Section 3.2.
3.32 Flood Fringe District. Those areas within Zone AE located outside of the delineated floodway, as shown on the
Flood Insurance Rate Maps referenced in Section 3.2. This district shall be extended laterally to the 0.2-percent
annual chance floodplain, where mapped.
3.33 General Floodplain District. Those areas within Zone A and AE that do not have a floodway delineated as shown
on the Flood Insurance Rate Maps referenced in Section 3.2.
3.4 Annexations. The Flood Insurance Rate Map panels referenced in Section 3.2 may include floodplain areas that lie
outside of the corporate boundaries of the City of Fridley at the time of adoption of this ordinance. If any of these
floodplain land areas are annexed into the City of Fridley after the date of adoption of this ordinance, the newly
annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation.
Annexations into panels not referenced in Section 3.2 require ordinance amendment in accordance with Section 14.0.
3.5 Municipal Boundary Adjustments & Townships. The Flood Insurance Rate Map panels referenced in Section 3.2 apply
countywide. If at any point any lands come under the jurisdiction of another local government, the following shall apply:
3.51 City adjustments of corporate boundaries, including but not limited to annexations and detachments, shall shift
floodplain administrative authority of all affected lands immediately upon the date of the boundary adjustment
occurring. Cities retain jurisdiction for all incorporated lands, and the County retains jurisdiction under this
ordinance on all unincorporated lands, except as provided under Section 3.52 below or through some form of
administrative agreement.
3.52 Townships wishing to adopt official controls under Minnesota Statutes, Section 394.33 may only obtain zoning
authority for floodplain controls when they have adopted an ordinance that is approved by the Department of
Natural Resources and has formally enrolled in the NFIP. Until this occurs, the county shall retain jurisdiction
under this ordinance on all unincorporated lands. In the event that a township returns zoning authority, the
county shall resume that authority.
SECTION 4.0 REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS
4.1 Permit Required. A permit must be obtained from the Zoning Administrator City Manager or their designee to verify
compliance with all applicable standards outlined in this ordinance prior to the following uses or activities:
4.11 The erection, addition, modification, rehabilitation, repair, or alteration of any building, structure, or portion
thereof. Normal maintenance requires a permit to determine if such work, either separately or in conjunction
with other planned work, constitutes a substantial improvement, as specified in Section 12.13.
4.12 The construction of a fence, pool, deck, or placement of anything that may cause a potential obstruction. Farm
fences, as defined in Section 2.0 of this ordinance, are not considered to be an obstruction, and as such, do
not require a permit.
4.13 The change or expansion of a nonconforming use.
4.14 The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
4.15 The placement of fill, excavation, utilities, on-site sewage treatment systems, or other service facilities.
4.16 The storage of materials or equipment, in conformance with Section 4.32.
4.17 Relocation or alteration of a watercourse (including stabilization projects or the construction of new or
replacement dams, culverts and bridges). A local permit is not required if a public waters work permit has been
obtained from the Department of Natural Resources, unless a significant area above the ordinary high water
level is also to be disturbed.
4.18
4.2 No Permit Required. Certain uses or activities may be exempt from obtaining a permit, such as planting a garden,
farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. The continuation of existing
uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards
in this ordinance, do not require a permit.
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4.3 Minimum Development Standards
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4.31 All development must:
A. Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
B. Be constructed with materials and equipment resistant to flood damage;
C. Be constructed by methods and practices that minimize flood damage;
D. Be constructed with heating, ventilation, duct work, and air conditioning equipment and other service
facilities elevated at least up to the Regulatory Flood Protection Elevation (RFPE). Water, sewage, electrical,
and other utility lines below the RFPE shall be constructed so as to prevent water from entering or
accumulating within them during conditions of flooding;
E. Be reasonably safe from flooding and consistent with the need to minimize flood damage;
F. Be assured to provide adequate drainage to reduce exposure to flood hazards;
G. Not be detrimental to uses in adjoining areas; and
H. Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining
floodplain of any tributary watercourse or drainage system.
I. Ensure that any fill or other materials are protected from erosion, discharge, and sediment entering surface
waters by the ese of vegetative cover or other methods as soon as possible.
4.32 Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or
plant life shall be stored at or above the Regulatory Flood Protection Elevation (RFPE), floodproofed, or
protected by other measures as approved by the Zoning Administrator City Manager or their designee. Storage
of materials likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded
equipment; dredged spoil; municipal, agricultural or industrial waste; and other wastes as further defined in
Minnesota Statutes, Section 115.01, are prohibited unless adequate safeguards approved by the Minnesota
Pollution Control Agency are provided. For projects not requiring approvals by the Minnesota Pollution Control
Agency, adequate safeguards must be approved by the Zoning Administrator City Manager or their designee
prior to issuance of a permit.
4.33 Critical facilities shall be located so that the lowest floor is not less than two feet above the Base Flood
Elevation (BFE), or the 0.2% annual chance flood elevation, whichever is higher.Critical facilities are prohibited
in all floodplain districts.
Table 1. Summary of Permitting Requirements for Structures
Structure Type Floodway Flood Fringe Standards*
Only specific uses and
Accessory Structures on fill Allowed with Permit 6.23.D(2)
types allowed with CUP
Accessory Structures Alt. Only specific uses and
Allowed with Permit 6.23.D(3)
Elevation Methods types allowed with CUP
Accessory Structures Wet Only specific uses and
Allowed with Permit 6.23.D(1)
Floodproofing types allowed with CUP
Accessory Structures Dry Only specific uses and
Allowed with Permit 6.23.D(4)
(watertight) Floodproofing types allowed with CUP
Residential on fill Not allowed Allowed with Permit 6.21.A
Residential Alt. Elevation
Not allowed Allowed with CUP 6.41
Methods
Residential Dry (watertight)
Floodproofing and/or Basement Not allowed Not allowed N/A
Construction below RFPE
Non-Residential on fill Not allowed Allowed with Permit 6.22.A
Non-Residential Alt. Elevation
Not allowed Allowed with Permit 6.22.B
Methods
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Non-Residential Dry (watertight)
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Floodproofing and/or Basement Not allowed Allowed with Permit 6.22.C
Construction below RFPE
*Note - many of these standards are cross-referenced
SECTION 5.0 FLOODWAY DISTRICT
5.1 Permitted Uses in Floodway. Development allowed in the floodway district is limited to that which has low flood
damage potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations of the
one-percent annual chance flood. The following uses and activities may be allowed with a permit, subject to the
standards in Section 5.2:
5.11 Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water control structures,
navigational facilities, as well as public open space uses.
5.12 Roads, driveways, railroads, trails, bridges, and culverts.
5.13 Public utility facilities and water-oriented industries which must be in or adjacent to watercourses.
5.14 Grading, filling, land alterations, and shoreline stabilization projects.
5.15 No structures, as defined in Section 2.0, are allowed in the Floodway District, except structures accessory to the
uses detailed in Sections 5.11 and 5.31, which require a CUP under Section 5.32.
5.16 Levees or dikes intended to protect agricultural crops, provided the top of the dike does not exceed the 10-
percent annual chance flood event.
5.16 Residential lawns, gardens, parking, and play areas.
5.2 Standards for Permitted Uses in Floodway. In addition to the applicable standards detailed in Section 4.0:
5.21 The applicant must demonstrate that the development will not result in any of the following during the one-
percent annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase
velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional
engineer, or using other standard engineering practices (e.g. projects that restore the site to the previous cross-
-
5.22 Any development that would result in a stage increases greater than 0.00 feet may only be allowed with a
permit if the applicant has applied for and received approval for a Conditional Letter of Map Revision (CLOMR) in
accordance with 44 CFR § 65.12. Map revisions must follow the procedures in Sections 11.15 and 14.0.
5.23 Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood
Insurance Study requires a Letter of Map Revision (LOMR) following the procedures in Sections 11.15 and 14.0.
5.24 Any development in the beds of public waters that will change the course, current or cross section is required to
obtain a public waters work permit in accordance with Minnesota Statutes, section 103G.245 or a utility crossing
license in accordance with Minnesota Statutes, section 84.415, from the Department of Natural Resources, or
demonstrate that no permit is required, before applying for a local permit.
5.25 Any facility used by employees or the general public must be designed with a flood warning system acceptable
to the Zoning Administrator City Manager or their designee that provides adequate time for evacuation, or be
designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied
by the velocity (in feet per second) is less than four.
5.26 Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters., and be
protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other
methods as soon as possible.
5.3 Conditional Uses in Floodway. The following uses and activities may be permitted as conditional uses, subject to the
standards detailed in Sections 5.4:
5.31 Commercial extractive uses, and storage and stockpiling yards.
5.32 Structures accessory to uses detailed in Sections 5.11 and 5.31.=
5.4 Standards for Conditional Uses in Floodway. In addition to the applicable standards detailed in Sections 4.0, 5.2 and
11.2:
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5.41 Extractive uses and storage of materials require the completion of a site development and restoration plan, to
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be approved by the City of Fridley.
5.42 Accessory Structures. Structures accessory to the uses detailed in Sections 5.11 and 5.31 must be constructed
and placed so as to offer a minimal obstruction to the flow of flood waters, and are subject to the standards in
Section 6.23 of this ordinance.
SECTION 6.0 FLOOD FRINGE DISTRICT
6.1 Permitted Uses in Flood Fringe. Any uses or activities allowed in any applicable underlying zoning districts may be
allowed with a permit, subject to the standards set forth in Sections 6.2.
6.2 Standards for Permitted Uses in Flood Fringe. In addition to the applicable standards detailed in Section 4.0:
6.21 Residential Structures.
A. Elevation on Fill. Structures erected, constructed, reconstructed, altered, or moved on fill within the Flood
Fringe District shall be placed so that the lowest floor, as defined in Section 2.0 of this ordinance, is elevated
at or above the Regulatory Flood Protection Elevation (RFPE). The finished fill elevation shall be at or above
the elevation associated with the base flood plus any stage increases that result from designation of a
floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.
Elevations must be certified by a registered professional engineer, land surveyor or other qualified person
designated by the Zoning Administrator City Manager or their designee. Elevation methods alternative to
these fill standards are subject to a Conditional Use Permit, as provided in Section 6.31 of this ordinance
(Figure 2). Construction of this type shall only be permitted in locations where the natural ground is no
lower than three feet below the base flood elevation.
Figure 2: Overview of fill standards for residential structures.
6.22 Nonresidential Principal Structures. Nonresidential principal structures must meet one of the following
construction methods:
A. Elevation on Fill. Structures may be elevated on fill, meeting the standards in Section 6.21.A of this ordinance.
Fill for nonresidential structures is not required to be extended 15 feet beyond the outside limits of the
structure.
B. Alternative Elevation Methods. Structures may be elevated using methods alternative to the fill standards in
Section 6.21.A of this ordinance. Such methods include the use of blocks, pilings (Figure 3), filled stem walls
(Figure 4), or internally-flooded enclosed areas (Figure 5) such as crawl spaces, attached garages, or tuck
under garages.
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Figure 3:Blocks or pilings. Figure 4: Filled stem walls. Figure 5: Internally flooded enclosed area.
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Designs accommodating for internally-floodedenclosed areas must be certified by a registered professional
engineer or architect, or meet or exceed the standards detailed in FEMATechnical Bulletin 1, as amended, as
well as the following standards:
(1)Thelowest floor, as defined in Section 2.0 of this ordinance, shall be elevated at or above the Regulatory
Flood Protection Elevation (RFPE).
(2)The floor of the enclosed area must be at or above the exterior grade on at least one side of the structure.
(3)To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings below the
base flood elevation on at least two sides of the structure. The bottom of all openings shall be no higher
than one foot above grade. The openings shall have a minimum net area of not less than one square inch
for every square foot of enclosed area subject to flooding, have a net area of not less than one square
inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of
floodwaters without human intervention.
(4)Internally flooded enclosed areas shall only be used for the parking of vehicles, building access, or storage.
Bathrooms and toilet rooms shall not be allowed. Suchareas shall be subject to a deed-restricted non-
conversion agreement as well as periodic inspections with the issuance of any permit.
C.Dry Floodproofing. Structures having watertight enclosed basements or spaces below the Regulatory Flood
Protection Elevation (RFPE) must meet the following standards:
(1)Walls must be substantially impermeable to the passage of water, with structural components having the
capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, at least up to the
Regulatory Flood Protection Elevation (RFPE);
(2)Must meet the standards of FEMA Technical Bulletin 3, as amended; and
(3)A registered professional engineer or architect shall be required to certify that the design and methods of
construction meet the standards detailed in this Section.
6.23Accessory Structures. All accessory structures must meet the following standards:
A.Structures shall not be designed or used for human habitation.
B.Structures will have a low flood damage potential.
C.Structureswith fewer than two rigid walls, such as carports, gazebos, and picnic pavilions, may be located at
an elevation below the Regulatory Flood Protection Elevation.
D.Structures with two or more rigid walls, must meet one of the following construction methods:
(1)Wet Floodproofing. Structures may be floodproofed in a way to accommodate internal flooding. Such
structures shall constitute a minimal investment not to exceed 576 square feet in size, one-story in height,
and shall only be used for parking and storage. To allow for the equalization of hydrostatic pressure, there
shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings
shall be no higher than one foot above grade. The openings shall have a minimum net area of not less
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than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic
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entry and exit of floodwaters without human intervention.
(2) Elevation on Fill. Structures may be elevated on fill, meeting the standards in Section 6.21.A of this
ordinance. Fill is not required to be extended 15 feet beyond the outside limits of the structure.
(3) Alternative Elevation Methods. Structures may have their lowest floor elevated above the Regulatory
Flood Protection Elevation (RFPE) through methods alternative to the fill standards in Section 6.23.D(2),
and must meet the standards in Section 6.22.B of this ordinance.
(4) Dry Floodproofing. Structures may be dry-floodproofed, or watertight, meeting the standards in Section
6.22.C of this ordinance.
6.24 All new principal structures must provide vehicular access no lower than one two feetoot below the Base
Flood Elevation (BFE), unless a flood warning/emergency evacuation plan has been approved by the City of
Fridley.
6.25 Accessory uses such as yards, railroad tracks, and parikingparking lots may be at an elevation lower than the
Regulatory Flood Protection Elevation. However, aAny facilities used by employees or the general public must be
designed with a flood warning system acceptable to the City of Fridley City Manager or their designee that
provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base
flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.
6.26 Manufactured homes and recreational vehicles must meet the standards of Section 10 of this ordinance.
6.3 Conditional Uses in Flood Fringe. The following uses and activities may be permitted as conditional uses, subject to the
standards in Sections 6.4:
6.31 Alternative Elevation Methods Residential Structures. Residential structures with their lowest floor elevated
above the Regulatory Flood Protection Elevation (RFPE) using methods alternative to the fill requirements in
Section 6.21.
6.32 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate
a structure in accordance with Section 6.21 through 6.23 of this ordinance.
6.4 Standards for Conditional Uses in Flood Fringe. In addition to the applicable standards detailed in Sections 4.0, 6.2 and
11.2:
6.41 All residential structures with lowest floors elevated through alternative elevation methods must meet the
standards in Section 6.22.B of this ordinance.
6.42 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for
the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved
erosion/sedimentation control plan.
A. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of
the regional (1% chance) flood event.
B. The plan must be prepared and certified by a registered professional engineer or other qualified individual
acceptable to the City.
C. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate
flood warning time exists.
SECTION 7.0 GENERAL FLOODPLAIN DISTRICT
7.1 Permitted Uses in General Floodplain District
7.11 Until the floodway is delineated, allowable uses will be restricted to those listed in the Floodway District, Section
5.0
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7.12 All other uses are subject to a floodway/flood fringe determination as provided in Section 7.4, in addition to the
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standards provided in Sections 7.2 and 7.3. Permitted uses shall be determined as follows:
A. If the development is determined to be in the Floodway District, Section 5.0 applies.
B. If the development is determined to be in the Flood Fringe District, Section 6.0 applies.
7.2 Determining Flood Elevations
7.21 All development requires a determination of the Base Flood Elevation (BFE). Exceptions to this requirement
include projects that restore the site to the previous cross-sectional area, such as shore stabilization or culvert
replacement projects. Base Flood Elevations (BFE) may be found using best available data from any Federal,
Elevations Online (LFEO) Viewer).
7.22 The Regulatory Flood Protection Elevation (RFPE) can be determined by assuming a one-half (0.5) foot stage
increase to accommodate for future cumulative impacts. A stage increase does not need to be assumed along
lakes, wetlands, and other basins that are not affected by velocities.
7.3 Encroachment Analysis
7.31 Encroachments due to development may not allow stage increases more than one-half (0.5) foot at any point,
unless through a map revision following the procedures in Sections 11.15 and 14.0. This evaluation must include
the cumulative effects of previous encroachments, and must be documented with hydrologic and hydraulic
analysis performed by a professional engineer, or using other standard engineering practices. A lesser water
surface elevation increase than one-half (0.5) foot is required if, due to the water surface level increase,
increased flood damages would potentially result.
7.32 Alterations or changes that result in stage decreases are allowed and encouraged.
7.4 Standards for the Analysis of Floodway Boundaries
7.41 Requirements for Detailed Studies. Any development, as requested by the Zoning Administrator, City Manager
or their designee shall be subject to a detailed study to determine the Regulatory Flood Protection Elevation
(RFPE) and the limits of the Floodway District. This determination must be consistent with the minimum
standards for hydrologic and hydraulic mapping standards and techniques, as detailed in Minnesota Rules, part
6120.5600, Subp. 4 and FEMA Guidelines and Standards for Flood Risk Analysis and Mapping, as revised.
Additionally:
A. A regulatory floodway necessary to carry the discharge of the one-percent annual chance flood must be
selected without increasing the water surface elevation more than one-half (0.5) foot at any point. This
determination should include the cumulative effects of previous encroachments. A lesser water surface
elevation increase than one-half (0.5) foot is required if, due to the water surface level increase, increased
flood damages would potentially result; and
B. An equal degree of encroachment on both sides of the stream within the reach must be assumed in
computing floodway boundaries, unless topography, existing development patterns, and comprehensive land
use plans justify a modified approach, as approved by the Department of Natural Resources.
7.42 Other Acceptable Methods. For areas where a detailed study is not available or required:
A. Development prohibited in floodways (e.g. most buildings) requires a floodway/flood fringe determination to
verify the development is within the flood fringe. This determination must be done by a professional
engineer or utilize other accepted engineering practices. The Department of Natural Resources may also
provide technical assistance and must approve any alternative methods used to determine floodway
boundaries.
B. For areas where the floodway has not been determined in and along lakes, wetlands, and other basins, the
following methodology may be used as an alternative to Item A above, provided these areas are not
affected by velocities and the lot is able to accommodate a building site above the Regulatory Flood
Protection Elevation (RFPE):
(1) All areas that are at or below the ordinary high water level, as defined in Minnesota Statutes, section
103G.005, Subd. 14, will be considered floodway, and all areas below the Base Flood Elevation (BFE) but
above the ordinary high water level will be considered flood fringe, provided that within 25 feet of the
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ordinance, whichever distance is greater, land alterations shall be restricted to:
(a) The minimum required to accommodate beach areas, access areas, and accessory structures as
permitted, not to exceed a volume greater than 10 cubic yards; projects involving volumes
exceeding 10 cubic yards require floodway/flood fringe determination in accordance with the
procedures in Section 7.42, item A; and
(b) The minimum required to accommodate shoreline stabilization projects to correct an identified
erosion problem as verified by a qualified resource agency or the zoning administrator City
Manager or their designee.
SECTION 8.0 SUBDIVISION STANDARDS
8.1 Subdivisions. All subdivided land must meet the following requirements. Manufactured home parks and recreational
vehicle parks or campgrounds are considered subdivisions under this ordinance.
8.11 All lots within floodplain districts must be suitable for a building site outside of the Floodway District.
8.12 Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental
services would impose an unreasonable economic burden on the City of Fridley.
8.13 All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower
than two feet below the Regulatory Flood Protection Elevation (RFPE), unless a flood warning/emergency
evacuation plan has been approved by the City of Fridley.
8.14 The Floodway and Flood Fringe District boundaries, the Regulatory Flood Protection Elevation (RFPE) and the
required elevation of all access roads must be clearly identified on all required subdivision drawings and platting
documents.
SECTION 9.0 PUBLIC AND PRIVATE UTILITIES, SERVICE FACILITES, ROADS, BRIDGES, AND RAILROADS
9.1 Public Transportation Facilities. Railroad tracks, roads, and bridges must be elevated to the Regulatory Flood Protection
Elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or
interruption would result in danger to public health or safety. Minor or 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. All public transportation facilities should be designed to minimize increases in flood elevations.
9.2 Public Utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must
be elevated and/or floodproofed to the Regulatory Flood Protection Elevation (RFPE), be located and constructed to
minimize or eliminate flood damage, and be designed to eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood
elevations. New solid waste management facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited in the
one-percent annual chance floodplain. Water supply systems are subject to the provisions in Minnesota Rules, part
4725.4350.
9.3 Private On-Site Water Supply, Individual Sewage Treatment Systems, and other Service Facilities. Private facilities
shall be subject to applicable provisions detailed in Section 9.2. In addition, new or replacement on-site sewage
treatment systems are to be located to avoid impairment to them or contamination from them during times of flooding,
shall not be located in a designated floodway, and are subject to the provisions in Minnesota Rules, parts 7080.2270.
SECTION 10.0 MANUFACTURED HOMES AND RECREATIONAL VEHICLES
10.1 Manufactured Homes. Manufactured homes and manufactured home parks are subject to applicable standards for
each floodplain district. In addition:
10.11 New and replacement manufactured homes must be placed and elevated in compliance with Section 6.0 of this
ordinance and must be securely anchored to a system that resists flotation, collapse and lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
10.12 New manufactured home parks and expansions to existing manufactured home parks must meet the
appropriate standards for subdivisions in Section 8.0 of this ordinance.
22
10.2 Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle
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parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational
vehicle parks, campgrounds or lots of record in the floodplain must either:
10.21 Meet the requirements for manufactured homes in Section 10.1, or
10.22 Be travel ready, meeting the following criteria:
A. The vehicle must be fully licensed.
B. The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to
the site only by quick disconnect type utilities.
C. No permanent structural type additions may be attached to the vehicle.
D. Accessory structures may be permitted in the Flood Fringe District, provided they do not hinder the removal
of the vehicle should flooding occur, and meet the standards outlined in Sections 4.0 and 6.23.
SECTION 11.0 ADMINISTRATION
11.1 Duties. A Zoning AdministratorThe City Manager or other officialtheir designee must administer and enforce this
ordinance.
11.11 Permit Application Requirements. Permit applications must be submitted to the Zoning AdministratorCity
Manager or their designee. The permit application must include the following, as applicable:
A. A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and
pertinent design features having an influence on the permit.
B. Location and detail of grading, fill, or storage of materials.
C. Copies of any required local, state or federal permits or approvals.
D. Other relevant information requested by the Zoning Administrato City Manager ror their designee as
necessary to properly evaluate the permit application.
11.12 Recordkeeping. The Zoning Administrator City Manager or their designee must maintain applicable records in
perpetuity documenting:
A. All certifications for dry floodproofing and alternative elevation methods, where applicable.
B. Analysis of no-rise in the Floodway District, as detailed in Section 5.21, and encroachment analysis ensuring
no more than one-half foot of rise in the General Floodplain District, as detailed in Sections 7.22 and 7.31.
C. Final elevations, as applicable, detailing the elevation to which structures and improvements to structures
are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other
qualified individual, as approved by the Zoning Administrator City Manager or their designee.
D. Substantial damage and substantial improvement determinations, as detailed in Section 12.13, including the
cost of improvements, repairs, and market value.
E. All variance actions, including justification for their issuance, and must report such variances as requested by
the Federal Emergency Management Agency.
11.13 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may
be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning
Administratoror City Manager their designee stating that the finished fill and building floor elevations or other
flood protection measures are in compliance with the requirements of this ordinance.
11.14 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream,
the Zoning Administrator City Manager or their designee must notify adjacent communities. If the applicant has
applied for a permit to work in public waters in accordance with Minnesota Statutes, Section 103G.245, this will
suffice as adequate notice. A copy of the notification must also be submitted to FEMA.
11.15 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. Where physical
changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood,
the City of Fridley must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR), by
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submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six months
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after the date such supporting information becomes available. Within the General Floodplain District, a map
revision is only required if development results in stage increases greater than 0.5 feet.
11.2 Conditional Uses and Variances
11.21 Process.
A. An application for a conditional use permit will be processed and reviewed in accordance with the provisions
of this ordinance.
B. An application for a variance to the provisions of this ordinance will be processed and reviewed in
accordance with Minnesota Statutes, section 394.27, Subd. 7 and this ordinance.
11.22 Additional Variance Criteria. The following additional variance criteria must be satisfied:
A. Variances must not be issued within any designated regulatory floodway if any increase in flood levels during
the base flood discharge would result.
B. Variances from the provisions of this ordinance may 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 a 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 from the provisions in this ordinance may only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
D. Variances must be consistent with the general purpose of these standards and the intent of applicable
provisions in state and federal law.
E. Variances may be used to modify permissible methods of flood protection, but no variance shall permit a
lesser degree of flood protection than the Regulatory Flood Protection Elevation (RFPE).
F. The Zoning Administrator City Manager or their designee must notify the applicant for a variance in writing
that:
(1) 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 $25 for $100 of insurance coverage; and
(2) Such construction below the base flood level increases risks to life and property. Notification must be
maintained with a record of all variance actions.
11.23 Considerations for Approval. The City of Fridley must consider all relevant factors specified in other sections of
this ordinance in granting variances and conditional use permits, including the following:
A. The potential danger to life and property due to increased flood heights or velocities caused by
encroachments.
B. The danger that materials may be swept onto other lands or downstream to the injury of others.
C. The safety of access to the property in times of flood for ordinary and emergency vehicles.
D. The susceptibility of any proposed use and its contents to flood damage and the effect of such
damage on the individual owner;
E. The importance of the services to be provided by the proposed use to the community;
F. The requirements of the facility for a waterfront location;
G. The availability of viable alternative locations for the proposed use that are not subject to
flooding;
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H. The compatibility of the proposed use with existing development and development anticipated in
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the foreseeable future;
I. The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain
management program for the area;
J. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters
expected at the site.
11.24 Conditions of Approval. The City of Fridley may attach such conditions to the granting of variances and
conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may
include, but are not limited to, the following:
A. Limitations on period of use, occupancy, and operation.
B. Imposition of operational controls, sureties, and deed restrictions.
C. The prevention of soil erosion or other possible pollution of public waters, both during and after
construction.
D. Other conditions as deemed appropriate by the Zoning Administrator and \[planning commission/city
council\]. City Manager or their designee.
11.3 Notifications to the Department of Natural Resources
11.31 All notices of public hearings to consider variances or conditional uses under this ordinance must be sent via
electronic mail to the Department of Natural Resources respective area hydrologist at least ten (10) days before
the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.
11.32 A copy of all decisions granting variances and conditional uses under this ordinance must be sent via electronic
mail to the Department of Natural Resources respective area hydrologist within ten (10) days of final action.
SECTION 12.0 NONCONFORMITIES
12.1 Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or
amendment of this ordinance, but which is not in conformity with the provisions of this ordinance, may be continued
subject to the following conditions:
12.11 Within the floodway and general floodplain districts (when a site has been determined to be located in the
floodway following the procedures in Section 7.3, or when the floodway has not been delineated), any
expansion or enlargement of uses or structures is prohibited.
12.12 Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with
the provisions of this ordinance, shall not increase the flood damage potential or increase the degree of
obstruction to flood flows, and where applicable, must be protected to the Regulatory Flood Protection
Elevation (RFPE).
12.13 If any nonconforming structure is determined to be substantially damaged or substantially improved based on
the procedures in Section 12.2, it may not be reconstructed except in conformity with the provisions of this
ordinance. Any structures located outside the one-percent annual chance floodplain are exempt from this
provision.
12.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any
future use of the premises must conform to this ordinance.
12.15 If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it
must be rebuilt in conformance with the elevation requirements in Section 4.31.D to the greatest extent
practicable. This requirement shall apply regardless of the determinations made in Section 12.2.
12.2 Substantial Improvement and Substantial Damage Determinations. Prior to issuing any permits for additions,
modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the Zoning
AdministratorCity Manager or their designee is required to determine if such work constitutes substantial improvement
25
or repair of a substantially damaged structure. A determination must be made in accordance with the following
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procedures:
12.21 Estimate the market value of the structure. In the case of repairs, the market value of the structure shall be the
market value before the damage occurred and before any restoration or repairs are made.
12.22 Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other
documentation needed by the zoning administrator City Manager or their designee to evaluate costs.
A. Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all
ordinary maintenance and upkeep carried out over the past one year.
B. Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a
building to its pre-damaged condition regardless of the work proposed, as well as associated improvement
costs if structure is being restored beyond its pre-damaged condition.
12.23 Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the
structure, and determine whether the proposed work constitutes substantial improvement or repair of a
substantially damaged structure, as defined in Section 2.0 of this ordinance.
A. For the purposes of determining whether the proposed work would constitute substantial improvement,
the evaluation shall also include all rehabilitations, additions, or other improvements completed since the
community has adopted floodplain standards impacting this structure.
B. If any nonconforming structure experiences a repetitive loss, as defined in Section 2.0 of this ordinance, it
shall be considered substantially damaged and must not be reconstructed except in conformity with the
provisions of this ordinance.
12.24 Based on this determination, the zoning administrator City Manager or their designee shall prepare a
determination letter and notify the property owner accordingly. Structures determined to be substantially
damaged or substantially improved may not be reconstructed except in conformity with the provisions of this
ordinance.
SECTION 13.0 VIOLATIONS AND PENALTIES
13.1 Uses in Violation of the Ordinance. Every structure, fill, deposit, or other use placed or maintained in the floodplain in
violation of this ordinance shall be considered a public nuisance.
13.2 Civil Remedies. The creation of a public nuisance may be enjoined and the maintenance of a public nuisance under this
ordinance may be abated by an action brought by the City of Fridley or the Department of Natural Resources.
13.3 Enforcement. Violations of the provisions of this ordinance constitutes a misdemeanor and is punishable as defined by
law. The Zoning Administrator City Manager or their designee 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. The City of Fridley 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.
SECTION 14.0 AMENDMENTS
14.1 Ordinance Amendments. Any revisions to the floodplain maps by the Federal Emergency Management Agency or
annexations of new map panels require an ordinance amendment to update the map references in Section 3.2 of this
ordinance.
14.2 Required Approval. All amendments to this ordinance must be submitted to the Department of Natural Resources for
review and approval prior to adoption, for compliance with state and federal rules and requirements. The floodplain
ordinance shall not be considered valid until approved.
EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval.
Adopted by the City of Fridley City Council
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This _____ of _______, _____
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(Day)(Month)(Year)
Attest: _________________________, Mayor
(Name of Elected Official)
Attest: __________________________, City Administrator
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AGENDA REPORT
Meeting Date:September10, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Energy Action Plan Updates
Background
At the November 9, 2021 meeting, the EQEC recommended adoption of Phase 2 of the Energy Action
Plan. The following activities were completed since the previous EQEC Meeting:
Negotiations with Cedar Creek Energy regarding the Moore Lake Rooftop Solar Project
The following activities are projected:
EV Showcase at Touch A Truck event (August 20, 2024)
LED light bulb giveaway at Coats for Cops (Winter 2024)
Recommendation
None
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:September10,2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Grant Updates
Background
The purpose of this item is to provide Commissioners updates on sustainability grants held by the City.
Grants in the Pre-Application Stage
Solar for Public Buildings Grant for Moore Lake(approved for full application)
Grants Under Review
Regional Solicitation Grant-Safe Routes to School(awarded awaiting signature)
Met Council Water Efficiency Grant pt 4(awarded awaiting signature)MPCA Resiliency Grant for
Electric lawn Mower (awarded awaiting signature)
BWSR Pollinator Pathways Grant with ACD
Active Grants
Recycling grant (ongoing)
th
Met Council Regional Solicitation Grant for 44Avenue Bridge w/ Anoka County
BWSR/RCWD grant for Moore Lake IESF project
University Avenue Lighting Project
RCWD grant for sumps in Farr Lake neighborhood
MnDOT Active Transportation grant for University Avenue Trails
DNR Preparing for Emerald Ash Borer Grant Pt. 3
DNR ReLeaf Grant
Safe Streets and Roads for All Planning Grant to create a Safety Action Plan
DNR Shade Tree Grant
CCWD grant for improved street sweeping equipment
RCWD grant for hydrodynamic separator in 2024 Street Project
MWMO Grants in 2024 Street Project
Sylvan Hills Park stormwater system
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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SHIP grant for Bike Fix-It Station at Edgewater Gardens
2024 Street Project Rain Gardens
Grants Closed (1/1/2024+)
CCWD Water Quality Grant for Apex Pond
Met Council Water Efficiency Grant pt 3
MDH Well Sealing Grant pt 3
Dog Waste Stations in Moore Lake Park
st
CDBG Grant for 61 Avenue Parcel
Recommendation
None
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date: September 10,2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Outreach and Events Updates
Background
Outreach at community events is an important strategy to build environmental awareness and increase
engagement. Events that have been completed since the last meeting as well as upcoming outreach
events are listed below.
Completed events (8/13-)
None
Confirmed events and topics
EV Showcase at Touch a Truck Event (8/20)
Baby Gear Swap at ECFE Fall Festival (11/9)
Potential Upcoming Events
Recommendation
None
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:September10, 2024 Meeting Type:Environmental Quality and Energy Commission
Submitted By:Rachel Workin, Environmental Planner
Title
Informal Status Reports
Background
Staff and Commissioners will share informal status reports on programs happening in the City.
Recommendation
None
Attachments and Other Resources
None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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