HomeMy WebLinkAbout2004-17 08-23 CCOINTERIM EMERGENCY ORDINANCE REGARDING DEVELOPMENT IN
THE CITY'S FLOODPLAIN AREA ESTABLISHING A MORATORIUM TO
ENACT REQUIRED OFFICIAL CONTROLS
THE COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS:
Section 1. Background.
CITY OF BROOKLYN CENTER
ORDINANCE NO. 2004 -17
1.01. The City wishes to temporarily prevent development in the City's floodplain area
until it has an opportunity to revise its official controls required by the state and
federal government.
1.02. The City wishes to maintain its eligibility in the National Flood Insurance Program,
which requires participating communities to adopt and enforce floodplain
management regulations meeting minimum federal and state requirements in return
for federally- backed flood insurance being made available throughout the
community.
1.03. The City of Brooklyn Center voluntarily participates in the National Flood Insurance
Program.
1.04. Minnesota Statutes, Section 462.355, Subd 4 allows the City to adopt an interim
ordinance for the purpose of protecting the planning/zoning control process and the
health, safety and welfare of the citizens.
1.05. City Charter section 3.06 authorizes the Council to adopt emergency ordinances.
Section 2. Findings.
2.01. The City Council finds it necessary to have an opportunity to review and amend its
official controls as they relate to land use development within certain areas of the
community prior to the time it must make decisions on development within those
areas.
2.02. The City Council finds that the adoption of an interim ordinance for the described
area is essential to enable it to preserve the planning/zoning control process and to
protect the health, safety and welfare of the citizens of the community.
2.03. The National Flood Insurance Program regulations require that an updated
floodplain management ordinance be adopted by September 2, 2004 or the
community will be suspended from the program for failure to adopt the necessary
regulations and such suspension would mean an immediate loss of flood insurance
benefits to the community and perhaps an increased exposure to flood risk.
ORDINANCE NO. 2004 -17
2.04. The City will not have time to adopt the required amendments to its floodplain
management regulations in accordance with the requirements of its charter for the
adoption of ordinances. Therefore the Council fords that there is a need to adopt an
emergency interim ordinance to preserve eligibility of properties in the city for the
benefits of flood insurance.
Section 3. Duration.
3.01. The City Council deems it in the best interest of the community to adopt a temporary
emergency moratorium on all new development in the identified Special Flood
Hazard Area shown on the Flood Insurance Rate Map, dated September 2, 2004
until the sixty first day following adoption of this ordinance so as to maintain this
community's eligibility in the National Flood Insurance Program until such time as
an adequate floodplain management ordinance can be adopted by the City Council.
3.02. For the purpose of this moratorium, "development" shall mean new building
construction, placement of manufactured or modular structures and recreation
vehicles, substantial improvements or substantial repairs to existing structures,
filling, paving, mining, excavating, dredging, and similar activities, utilities, levee,
dike, or dam construction, and any other activity that may change the course of
surface waters. For the purposes of this moratorium, "Special Flood Hazard Area"
shall mean that area subject the base flood as shown on the Flood Insurance Rate
Map Hennepin County, Minnesota all jurisdictions and specifically map numbers
27053C 0203 E, 27053C 0204E, 27053C 0208 E, 27053C 0209 E, 27053C 0212 E
and 27053C 0216 E, all dated September 2, 2004.
Section 4. Enforcement.
4.01. The City may enforce this ordinance by mandamus, injunction or other appropriate
civil remedy in any court of competent jurisdiction.
Section 5. Separablity.
5.01. Every section, provision and part of this ordinance is declared separable from every
other section, provision and part of this ordinance. If any section, provision or part
of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such
judgment shall not invalidate any other section, provision or part of this ordinance.
Section 6. Effect on Pending Applications.
6.01 All applications subject to this moratorium that are pending or that are received
during the time this ordinance is in effect shall be deemed to be denied for purposes
of Minnesota Statutes, Section 15.99. The City Manager shall cause notification of
such denial to be given to all applicants stating the adoption of this ordinance as the
reason therefor. Fees paid in connection with such applications shall be returned or
refunded to the applicant.
ORDINANCE NO. 2004 -17
Section 7. Effective Date.
7.01. This Ordinance shall take effect upon its adoption by the City Council and its
publication in the City's official newspaper.
Adopted this 23` day of August, 2004.
City Clerk
Date of Publication: September 2, 2004
Effective Date: September 2, 2004