04/06/2009 Council Packet - Laserfiche WebLink

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Lino Lakes - Shoreland and Flood Plain Management (g) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this chapter, the City Council shall attach conditions to the granting of the conditional use permits as it deems necessary to fulfill the purpose of this chapter. These conditions may include, but are not limited to, the following: 1. Modification of waste treatment and water supply facilities; 2. Limitations on period of use, occupancy, and operation; 3. Imposition of operations, controls, sureties, and deed restrictions; 4. Requirements of construction of channel modifications, compensatory storage, dikes, levees, and other protective measures; and 5. Flood- proofing measures, in accordance with the State Building Code and this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood - proofing measures are consistent with the regulatory flood protection elevation, the Lino Lakes local water management plan and associated flood factors for the particular area. (9) Amendments. (a) The flood plain designation on the official flood plain map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use. (b) All amendments of this chapter, including amendments to the official flood plain map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes to the official flood plain map must meet the FEMA technical conditions and criteria and must receive FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days written notice of all hearings to consider an amendment to this chapter and the notice shall include a draft of the chapter amendment or technical study under consideration. (10) Notification to the Department of Natural Resources. (a) Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local flood plain management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least 10 days before the hearings. • • •