HomeMy WebLinkAbout2023_05_16 CC PKT - Study SessionCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers5:30 PMTuesday, May 16, 2023
Study Session
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. Open Forum.
At this time, any member of the public may make a brief announcement or invitation, or
request time on the agenda for an item not listed. Items to be added to the agenda will
be scheduled at the end of the meeting. Individuals will state their name and city of
residence for the record. Public Comment is limited to a maximum of three minutes per
person. The comments and views expressed by the public are those of the speakers
and do not necessarily reflect the views or positions of the City of Brookings or City
Council.
5.ID 23-0221 Presentation - Proposed Changes to the Floodplain Development
Ordinance
Memo
Draft Changes
Attachments:
6.ID 23-0222 Presentation: City of Brookings 2023 Capital Improvements Projects
Page 1 City of Brookings
May 16, 2023City Council Meeting Agenda - Final
Memo
2023 CIP List
Attachments:
7.ID 23-0231 Discussion on Comprehensive Plan Amendments
Memo
Presentation
Attachments:
8. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
9.ID 23-0228 Executive Session, pursuant to SDCL 1-25-2.3 Consulting with legal
counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters.
Action: Motion to Enter Into Executive Session, Voice Vote
Action: Motion to Exit Executive Session, Voice Vote
10.. Adjourn.
This meeting will not be broadcast live due to technology challenges in the Community Room. The meeting video
will be available online and on the City's YouTube Channel following. We apologize in advance for any
inconvenience to the public.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Andrew Rasmussen
Brookings City Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of
residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email
comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), 2) participate remotely, or 3) via eComment
(https://cityofbrookings.legistar.com/Calendar.aspx ). Comments provided will become part of the official record
and subject to review by all parties and the public. The comments and views expressed by the public are those of
the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel 9 Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City
ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting.
Page 2 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 23-0221,Version:1
Presentation - Proposed Changes to the Floodplain Development Ordinance
Summary:
The City has drafted changes to the floodplain development ordinance. A significant portion of the
current floodplain development ordinance dates back to the original ordinance from 1996. Since then
there has been increased knowledge gained from the study of our flood plain, technology
advancements, the focus of existing practices, the evolution of best practices, and significant
changes to weather patterns that suggest storms are more powerful and less predictable. The
proposed ordinance changes will require that all structures built within the floodplain be at least 2 feet
above the base floodplain elevation and that any fill placed in the floodplain be offset by removing the
same amount of material from the floodplain to provide compensatory storage. The proposed
change will further protect developments.
Attachments:
Memo
Draft Policy
City of Brookings Printed on 5/12/2023Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Charlie Richter, City Engineer
Council Meeting: May 16, 2023
Subject: Presentation: Proposed Changes to the Floodplain
Development Ordinance
Person(s) Responsible: Charlie Richter, City Engineer
Summary:
The City of Brookings contracted with a consultant to study the existing floodplain and
examine current development practices/policies for areas susceptible to flooding or high
groundwater. Based on the findings, staff will present proposed changes to the
floodplain development ordinance.
Background:
The City currently has a floodplain development ordinance that dates back to 1996.
This ordinance requires, among other things, that structures be constructed one foot
above the base flood elevation. At that time, the City utilized model language from
FEMA to establish the current ordinance and reflect the minimum FEMA requirements.
Item Details:
Advancements since 1996 warrant adjustments to the City’s standards for development
within the floodplain. These changes include technology, additional data, the evolution
of best practices, weather pattern changes, impacts of stormwater movement on others,
and further examination of the Brookings flood plain.
The City requires all structures to be constructed at least one foot above the anticipated
100-year flood elevation (base flood elevation). Many communities have increased the
elevation requirement to two (2) and, in some cases, three (3) feet above the base flood
elevation.
To prevent property owners from negatively impacting their neighbors by displacing
water when filling within the floodplain, the City proposes adopting a compensatory
storage standard. The same volume of fill added to the floodplain will be required to be
removed from another portion of the floodplain to provide adequate storage of the water
displaced by the fill. This requirement has been adopted by numerous communities to
protect property owner rights. The change proposed would be a one-to-one
requirement. Other communities have stricter requirements.
Legal Consideration:
State statute allows cities to adopt regulations governing development within the
floodplain. The proposed changes are consistent with FEMA’s flood insurance
requirements.
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – This policy will provide planning improvements
for development within the floodplain.
Financial Consideration:
None
Recommendation:
Staff recommends moving forward with the ordinance changes at a City Council
meeting in June.
Supporting Documentation:
Draft Policy
Brookings, South Dakota, Code of Ordinances
Chapter 38 FLOODS
Brookings, South Dakota, Code of Ordinances Created: 2022-02-16 15:43:52 [EST]
(Supp. No. 13)
Page 1 of 13
Chapter 38
FLOODS1
ARTICLE I. IN GENERAL
Secs. 38-1—38-30. Reserved.
ARTICLE II. FLOOD DAMAGE PREVENTION IN CITY
DIVISION 1. GENERALLY
Sec. 38-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings provided in this
section, except where the context clearly indicates a different meaning:
Administrator means the Federal Insurance Administrator.
Appeal means a request for a review of the floodplain administrator's interpretation of any provisions of this
article or a request for a variance.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.
Basement means any area of a building having its floor below ground level on all sides.
Compensatory storage means an excavated hydrologically and hydraulically equivalent volume of storage
created to offset the loss of existing flood storage.
Crawlspace means a foundation of solid walls which does not constitute useable space.
Development means any manmade change to improved or unimproved real property including, but not
limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or dr illing operations
located within the area of special flood hazard.
Existing manufactured home park or subdivision means a manufactured home park for which the
construction of facilities for servicing the lot upon which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction
of streets) are completed before the effective date this ordinance was originally adopted.
1Charter reference(s)—General powers of the city, § 1.02.
Cross reference(s)—Buildings and building regulations, ch. 22; health and sanitation, ch. 42; planning, ch. 66;
streets, sidewalks and other public places, ch. 74; utilities, ch. 86; zoning, ch. 94.
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(Supp. No. 13)
Page 2 of 13
Expansion to existing manufactured home park or subdivision means the preparation of additional sites by
the construction of facilities to service the lots upon which the manufactured homes are to be affixed (including
the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).
Flood and flooding means a general and temporary condition of partial or complete inundation of normally
dry land areas from:
(1) The overflow of inland waters; and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map (FIRM) means the official map upon which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and the risk premium zones applicab le to the city.
Flood insurance study means the official report provided by the Federal Emergency Management Agency
which includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
Floodplain administrator means the city manager's authorized representative.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface eleva tion more
than one foot.
Lowest floor means the lowest floor of the lowest enclosed area, including the basement, but excluding
crawlspace. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements
of this article.
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required utilities.
The term "manufactured home" does not include a recreational vehicle. A mobile home is considered a
manufactured home for purposes of this ordinance.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
New construction means structures for which the start of construction commenced on or after the effective
date this ordinance was originally adopted.
New manufactured home park or subdivision means a manufactured home, park or subdivision for which the
construction of facilities for servicing the lots upon which the manufactured homes are to be affixed (including at a
minimum the installation of utilities, the construction of streets and either final site grading or the pouring of
concrete pads) is completed on or after the effective date this ordinance was originally adopted.
Recreational vehicle means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for
recreational, camping, travel or seasonal use.
Special flood hazard area (SFHA) means that land in the floodplain subject to a one percent or greater chance
of flooding in any given year.
Created: 2022-02-16 15:43:52 [EST]
(Supp. No. 13)
Page 3 of 13
Start of construction includes substantial improvement, and means the date the building permit was issued,
provided that the actual start of construction, repair, reconstruction, placement, or other improvement was within
180 days of the building permit date. The actual start means 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 state 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 do es it include the
installation of street and/or walkways; nor does it include excavation for a basement, footings, piers, or
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 which are not part of the main structure.
Structure means a walled and roofed building or manufactured home that is principally located above -
ground.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial improvement means any 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 before the start of
construction of the improvement. The term "substantial improvement" includes structures which incurred
substantial damage regardless of the actual repair work performed. The term "substantial improvement" does not,
however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary or safety code specifications which have been identified by the local code enforcement official
or building official and which are the minimum necessary to ensure safe living conditions; or
(2) Any alteration of a historic structure, provided that the structure continues to be designated as a
historic structure.
Variance means a grant of relief from the requirements of this ordinance which permits construction in a
manner which would otherwise be prohibited by this ordinance.
(Code 1996, § 15-5; Ord. No. 29-08, 7-8-2008)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 38-32. Statutory authorization.
SDCL Chapter 11-4 (SDCL 11-4-1, et seq.) delegates the responsibility to local governmental units to adopt
regulations designed to promote the public health, safety and general welfare of the city and its joint jurisdictional
area.
(Code 1996, § 15-1)
Sec. 38-33. Findings of fact.
(a) The flood hazard areas of the city and within the joint jurisdictional area are subject to periodic inundation
which results in the potential for 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, all of which adversely affect the public health, safety and general welfare.
(b) Flood losses are caused, in part, by the cumulative effect of obstructions in areas of special flood hazard
which increase flood heights and velocities, and when such obstructions are inadequately anchored, damage
Created: 2022-02-16 15:43:52 [EST]
(Supp. No. 13)
Page 4 of 13
uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood
damage also contribute to the potential for flood loss.
(Code 1996, § 15-2)
Sec. 38-34. Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize
public and private losses due to flood conditions to specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditures of public funds for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding, and generally undertaken at
the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and
sewer lines, and streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the sound use and development of areas of special
flood hazard to minimize future flood blight areas;
(7) Ensure that potential buyers of property are notified that property is in an area of special flood hazard;
and
(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Code 1996, § 15-3)
Sec. 38-35. Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to life, health, safety and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, are protected
against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which
help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards in other areas.
(Code 1996, § 15-4)
Sec. 38-36. Lands to which this article applies.
This chapter applies to all areas of special flood hazard within the city and its joint jurisdictional area.
(Code 1996, § 15-6)
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(Supp. No. 13)
Page 5 of 13
Sec. 38-37. Compliance with article provisions.
Structures and land which are constructed, located, extended or altered must comply with the regulations
provided in this article.
(Code 1996, § 15-8)
Sec. 38-38. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard are identified by the Federal Emergency Management Agency in a scientific
and engineering report entitled, "The Flood Insurance Study for Brookings County, South Dakota and incorporated
areas," dated July 16, 2008, with the accompanying flood insurance rate maps (FIRM). This study and
accompanying maps are adopted by reference and declared to be a part of this chapter. The flood insurance study
and FIRM are on file at the Community Development Department, City of Brookings, 520 Third Street, Brooki ngs,
South Dakota.
(Code 1996, § 15-7; Ord. No. 29-08, 7-8-2008)
Sec. 38-39. Abrogation and greater restrictions.
This ordinance is not intended to repeal, modify or impair any existing easements, covenants or deed
restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Code 1996, § 15-9)
Sec. 38-40. Interpretation.
In the interpretation and application of this ordinance, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed to further the purposes of this ordinance; and
(3) Deemed neither to limit nor repeal any other powers gran ted under state statutes.
(Code 1996, § 15-10)
Sec. 38-41. Warning and disclaimer of liability.
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by manmade or natural causes. This ordinance does not imply that land outside the
areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This
ordinance does not create liability on the part of the city, any officer or employee thereof, or the Federal
Emergency Management Agency for any flood damages which result from reliance on this ordinance or of any
administrative decision lawfully made under this ordinance.
(Code 1996, § 15-11)
Secs. 38-42—38-60. Reserved.
Chapter 38 - FLOODS
ARTICLE II. - FLOOD DAMAGE PREVENTION IN CITY
DIVISION 2. ADMINISTRATION AND ENFORCEMENT
Brookings, South Dakota, Code of Ordinances Created: 2022-02-16 15:43:52 [EST]
(Supp. No. 13)
Page 6 of 13
DIVISION 2. ADMINISTRATION AND ENFORCEMENT2
Sec. 38-61. Development permit required; application.
A development permit must be obtained before construction or development begins within any area of
special flood hazard established in section 38-38 of this ordinance. Application for a development permit shall be
made on forms furnished by the community development department and may include, but not be limited to,
plans in duplicate drawn to scale showing the nature, location, dimensions, and elevatio ns of the area in question;
existing or proposed structures, fill, storage of materials, drainage facilities, and the location of these proposed
improvements. Specifically, the following information is required:
(1) Elevation in relation to mean sea level of the lowest floor, including the basement, of all structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any
nonresidential structure comply with the floodproofing criteria provided in the applicable subsection of
38-82(2); and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of the
proposed development.
(Code 1996, § 15-21)
Sec. 38-62. Floodplain administrator.
(a) Designated. The floodplain administrator is appointed to administer and i mplement this ordinance by
considering any development permit application in accordance with the provisions of this ordinance.
(b) Duties and responsibilities. The duties of the floodplain administrator include, but are not limited to:
(1) Permit review.
a. Review all development permits to determine that the permit requirements of this ordinance are
satisfied.
b. Review all development permits to determine that all necessary permits have been obtained
from federal, state or local governmental agencies from which prior approval is required;
c. Review all development permits to determine if the proposed development is located in the
floodway. If the proposed development is located in the floodway, ensure that the encroachment
provisions of subsection 38-83(1) are satisfied.
(2) Use of other base flood data. When base flood elevation data have not been provided in accordance
with section 38-38 of this ordinance, the floodplain administrator may obtain, review and reasonably
utilize any base flood elevation and floodway data available from any federal, state or other source as
2Cross reference(s)—Administration, ch. 2.
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(Supp. No. 13)
Page 7 of 13
criteria to administer, in accordance with section 38-82, the requirements pertaining to new
construction, substantial improvements, or other development in the special flood hazard area.
(3) Information to be obtained and maintained.
a. Obtain from the applicant and record the actual elevation, in relation to mean sea level, of the
lowest floor, including the basement, of all new or substantially improved structures, and
whether or not the structure contains a basement.
b. For all new or substantially improved floodproofed structures:
1. Verify and record the actual elevation, in relation to mean sea level, to which the structure
has been floodproofed;
2. Maintain the floodproofing certifications required in subsection 38 -61(3) of this ordinance.
(4) Alteration of watercourses.
a. Notify adjacent communities, the county drainage and zoning officer and the State Division of
Emergency Services prior to any alteration or relocation of a watercourse and submit evidence of
such notification to the Federal Emergency Management Agency.
b. Require that maintenance is provided within the altered or relocated portion of the watercourse
so that the flood-carrying capacity is not diminished.
(5) Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the
boundaries of the areas of special flood hazard (for example, where there appears to be conflict
between a mapped boundary and actual field conditions). The person contesting the location of the
boundary shall have a reasonable opportunity to appeal the interpretation as provided in section 38-63
of this ordinance.
(Code 1996, § 15-23)
Cross reference(s)—Officers and employees, § 2-62 et seq.
Sec. 38-63. Variance procedure.
(a) The board of adjustment shall hear and decide appeals and requests for variances from requirements of this
ordinance.
(b) The board of adjustment shall also hear and decide appeals if it is alleged there is an error in any
requirement, decision or determination made by the floodplain administrator in the enforcement or
administration of this ordinance.
(c) Those aggrieved by a decision of the board of adjustment, or any taxpayer, may appeal such decisions to the
circuit court, as provided in SDCL 11-4-25.
(d) In considering appeals, the board of adjustment shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this ordinance, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development and its contents to flood damage and the effect of
such damage on the individual owners;
(4) The importance of the services provided by the proposed development to the city;
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(Supp. No. 13)
Page 8 of 13
(5) The availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage;
(6) The compatibility of the proposed use with the existing and anticipated development;
(7) The relationship of the proposed development to the comprehensive plan and floodplain management
program for that area;
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(9) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and
the effects of wave action, if applicable, expected at the site; and
(10) The costs of providing governmental services during and after flood conditions, including maintenance
and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and
bridges.
(e) Upon consideration of the factors provided in subsection (d) of this section and the purposes of this
ordinance, the board of adjustment may attach conditions when granting a variance as it deems necessary to
further the purposes of this ordinance.
(f) The floodplain administrator shall maintain a record of all appeals, including technical information, and
report any variances to the Federal Emergency Management Agency.
(g) Conditions for variances are as follows:
(1) Generally, a variance may be issued for new construction and substantial improvements to be erected
on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures
constructed below the base level, provided that items in subsection (d) of this sectio n have been fully
considered. For a lot size in excess of one-half acre, the technical justifications required for issuing the
variance increase with larger lot sizes.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the
National Register of Historic Places or the state inventory of historic places, without regard to the
procedures set forth in the remainder of this section.
(3) Variances shall not be issued within any designated floodway if any inc rease in flood levels during the
base flood discharge would result.
(4) Variances may only be issued upon a determination that, considering the flood hazard, the variance is
the minimum necessary variance to afford relief.
(5) Variances may only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the
applicant; and
c. A determination that the granting of a variance will not result in increased flood hei ghts or
additional threats to public safety, will not result in extraordinary public expenses, will not create
a nuisance, cause damage to the public as identified in subsection (d) of this section or conflict
with existing ordinances.
(6) Any applicant to whom a variance is granted must be given written notice that the structure will be
permitted to be built with a lowest floor below the base flood elevation and that the cost of flood
insurance will be commensurate with the increased risk from the reduced lowest floor elevation.
(Code 1996, § 15-24)
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(Supp. No. 13)
Page 9 of 13
Secs. 38-64—38-80. Reserved.
DIVISION 3. FLOOD HAZARD REDUCTION
Sec. 38-81. General standards.
In all areas of special flood hazard, the following standards are required:
(1) Anchoring.
a. All new construction and substantial improvements must be anchored to prevent flotation,
collapse or lateral movement of the structure and shall be capable of resisting the hydrostatic
and hydrodynamic loads.
b. All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral
movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of
anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable state and local anchoring requirements for resisting
wind forces. Specific requirements are:
1. Over-the-top ties shall be provided at each of the four corners of the manufactured home
with two additional ties per side at intermediate locations, with manufactured homes
which are less than 50 feet long requiring one additional tie per side;
2. Frame ties shall be provided at each corner of the home with five additional ties per side at
intermediate points, with manufactured homes which are less than 50 feet long requiring
four additional ties per side;
3. All components of the anchoring system must be capable of carrying a force of 4,800
pounds; and
4. Any additions to the manufactured home shall be similarly anchored.
c. The provisions of this subsection (1), relative to anchoring, shall not be applicable where the
artificial or natural ground beneath a structure is at or above the base flood elevation.
(2) Construction materials and methods.
a. All new construction and substantial improvements must be constructed with materials and
utility equipment resistant to flood damage.
b. All new construction and substantial improvements must be constructed using methods and
practices which minimize flood damage.
c. All new construction and substantial improvements must be 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 their
components during conditions of flooding.
(3) Utilities.
a. All new and replacement water supply systems must be designed to minimize or eliminate
infiltration of floodwaters into the system;
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(Supp. No. 13)
Page 10 of 13
b. New and replacement sanitary sewer systems must be designed to minimize or eliminate the
infiltration of floodwaters into the systems and minimize or eliminate the discharge from the
systems into floodwaters; and
c. On-site waste disposal systems must be located to avoid impairment to them or contamination
from them during flooding.
(4) Subdivision proposals.
a. All subdivision proposals shall be consistent with the need to minimize flood damage;
b. All subdivision proposals must have public utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood damage;
c. All subdivision proposals must have adequate drainage provided to reduce exposure to flood
damage; and
d. Base flood elevation data must be provided for subdivision proposals and other proposed
development which contain at least 50 lots or five acres, whichever is less.
(Code 1996, § 15-31)
Sec. 38-82. Specific standards.
(a) When the city has received notice of final flood elevations for one or more special flood hazard areas on the
city's FIRM and, if appropriate, has designated other special flood hazard areas without base flood elevations
on the city's FIRM, but has not identified a regulatory floodway or coastal high hazard area, the city shall:
(1) Require the standards of section 60.3(b) of the current NFIP regulations (44 CFR Parts 59-78) within all
A1-30 zones, AE zones, A zones, AH zones, and AO zones, on the city's FIRM;
(2) Require that all new construction and substantial improvements of residential structures within zones
A1-30, AE, and AH zones on the city's FIRM have the lowest floor (including basement) elevated to one
foot or more above the base flood level, unless the city is granted an exception for the allowance of
basements in accordance with section 60.6(b) or (c) of the current NFIP regulations (44 CFR Parts 59 -
78);
(3) Require that all new construction and substantial improvements of nonresidential structures within
zones A1-30, AE, and AH zones on the city's FIRM (i) have the lowest floor (including basement)
elevated to two feet or more above the base flood level, or (ii) together with attendant utility and
sanitary facilities, be designed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(4) Require that where a nonresidential structure is intended to be made watertight below the base flood
level, (i) a registered professional engineer or architect shall develop and/or review structur al design,
specifications, and plans for the construction, and shall certify that the design and methods of
construction are in accordance with accepted standards of practice for meeting the applicable
provisions of subsection (a)(3)(ii) or (a)(8)(ii) of this section, and (ii) a record of such certificates which
includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed
shall be maintained for public inspection and furnished to the city upon request, for the de termination
of applicable flood insurance risk premium rates within all areas having special flood hazards identified
on a FHBM or FIRM, any certificates of floodproofing, and information on the elevation (in relation to
mean sea level) of the level of the lowest floor (including basement) of all new or substantially
improved structures, and include whether or not such structures contain a basement, and if the
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structure has been floodproofed, the elevation (in relation to mean sea level) to which the struct ure
was floodproofed;
(5) Require, for all new construction and substantial improvements, that fully enclosed areas below the
lowest floor that are usable solely for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs
which satisfy this requirement must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria: A minimum of two openings having a total
net area of not less than one square inch for every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the
automatic entry and exit of floodwaters.
(6) Require that manufactured homes that are placed or substantially improved within zones A1-30, AH,
and AE on the city's FIRM on sites:
(i) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park of subdivision,
(iii) In an expansion to an existing manufactured home park or subdivision, or
(iv) In an existing manufactured home park or subdivision on which a manufactured home has
incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation
such that the lowest floor of the manufactured home is elevated to or above the base flood
elevation and is securely anchored to an adequately anchored foundation system to resist
floatation collapse and lateral movement.
(7) Require within any AO zone on the city's FIRM that all new construction and su bstantial improvements
of residential structures have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at lease two
feet if no depth number is specified);
(8) Require within any AO zone on the city's FIRM that all new construction and substantial improvements
of nonresidential improvements of nonresidential structures (i) have the lowest floor (including
basement) elevated above the highest adjacent grade at least as high as the depth number specified in
feet on the city's FIRM (at least two feet if no depth number is specified), or (ii) together with
attendant utility and sanitary facilities be completely floodproofed to that level to meet the
floodproofing standard specified in [subsection] (a)(3)(ii);
(9) Require within any A99 zones on a city's FIRM the standards of section 60.3(a)(1) through (a)(4)(i) and
(b)(5) through (b)(9) of the current NFIP regulations (44 CFR parts 59-78).
(10) Require until a regulatory floodway is designated, that no new construction, substantial improvements,
or other development (including fill) shall be permitted within zones A1-30 and AE on the city's FIRM,
unless it is demonstrated that the cumulative effect of the pr oposed development, when combined
with all other existing and anticipated development, will not increase the water surface elevation of
the base flood more than one foot at any point within the city.
(11) Require within zones AH and AO, adequate drainage paths around structures on slopes, to guide
floodwaters around and away from proposed structures.
(12) Require that manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within zones A1-30, AH, and AE on the city's FIRM that are not
subject to the provisions of subsection (a)(6) be elevated so that either:
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Page 12 of 13
(i) The lowest floor of the manufactured home is at or above the base flood elevation, or
(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of
at least equivalent strength that are no less than 36 inches in height above grade and are
securely anchored to an adequately anchored foundation system to resist floatation, collapse,
and lateral movement.
(13) Notwithstanding any other provisions of section 38 -82, the city may approve certain development in
zones A1-30, AE, and AH, on the city's FIRM which increase the water surface elevation of the b ase
flood by more than one foot, provided that the city first applies for a conditional FIRM revision, fulfills
the requirements for such a revision as established under the provisions of section 65.12 of the current
NFIP regulations (44 CFR parts 59-78), and receives the approval of the Federal Insurance
Administrator.
(14) Require that recreational vehicles placed on sites within zones A1 -30, AH, and AE on the city's FIRM
either:
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
(iii) Meet the permit requirements of section 60.3(b)(1) of the current NFIP regulations (44 CFR parts
59-78) and the elevation and anchoring requirements for "manufactured homes" in subsection
(a)(6).
(15) Unless otherwise specified in this subsection, development in the floodplain shall result in no net loss
of natural floodplain storage, and compensatory storage equal to the volume of floodplain storage
displaced shall be provided for all development above grade in the floodplain. All required
compensatory storage shall be located at a hydraulically connected site within the same drainage
basin. For developments that are required to have stormwater detention facilities, the storage volume
required to meet the city's stormwater management regulations for the 100 -year flood event does not
count as credit towards satisfying the compensatory storage requirement.
a. The following development projects are not required to meet the compensatory storage
requirement unless specifically required by the city engineer after review of the initial certificate
of compliance application:
i. Minor projects clearly having negligible impact, such as street/parking lot
resurfacing/rehabilitation, certain utility infrastructure and appurtenances (e.g. hydrants,
poles, manholes, underground pipes), bridge/culvert rehabilitation projects, landscaping,
property maintenance, stream rehabilitation, restoration of natural floodplain functions,
and minor water quality features which typically pose no increased fill or flood potential
and do not inhibit the free flow of water.
ii. Flood protection of existing buildings for floodplain volume displaced by the building and
within the area of ten feet adjacent to said building.
(b) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no permanently attached additions.
(c) When the Federal Insurance Administrator provides notice of final base flood elevations within zones A1 -30
and/or AE on the city's FIRM and, if appropriate, has designated AO zones, AH zones, A99 zones, and A zones
on the city's FIRM, and has provided data from which the city shall designate it s regulatory floodway, the city
shall:
(1) Meet the requirements of subsection (a)(1) through (14);
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(Supp. No. 13)
Page 13 of 13
(2) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory
floodway must be designed to carry the waters of the base flood, without increasing the water surface
elevation of that flood more than one foot at any point;
(3) Prohibit encroachments, including fill, new construction, substantial improvements, and other
development within the adopted regulatory floodway unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels within the city during the
occurrence of the base flood discharge;
(4) Notwithstanding any other provisions of section 38 -82, the city may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood elevations, provided the
city first applies for a conditional FIRM and floodway revision, fulfills the requirements for such
revisions as established under the provisions of section 65.12 of the current NFIP regulations (44 CFR
Parts 59-78) and receives the approval of the Federal Insurance Administrat or.
(Code 1996, § 15-32; Ord. No. 29-08, 7-8-2008)
Sec. 38-83. Floodways.
Located within areas of special flood hazard, established in section 38-38, are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential
projectiles and erosion potential, the following provisions apply:
(1) Encroachments, including fill, new construction, substantial improvements, and other developments
are prohibited unless certification by a registered professional engineer or architect is provided
demonstrating that encroachments will not result in any increase in flood levels during the occurrence
of the base flood discharge.
(2) If subsection (1) of this section is satisfied, all new construction and substantial improvements must
comply with all applicable flood hazard reduction provisions of this ordinance.
(Code 1996, § 15-33)
Secs. 38-84—38-100. Reserved.
ARTICLE III. RESERVED3
Secs. 38-101—38-152. Reserved.
3Editor's note(s)—At the direction of the city, Art. III has been deleted from this Code. Former Art. III, §§ 38-101—
38-111, 38-131, 38-132, 38-151, 38-152, pertained to flood damage prevention in joint jurisdiction area and
derived from Code 1996, §§ 16-1—16-11, 16-21, 16-23, 16-31, and 16-32.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 23-0222,Version:1
Presentation: City of Brookings 2023 Capital Improvements Projects
Summary:
The City has developed a list of Capital Improvement Projects for 2023. This list is a compilation of
funded projects for Public Works. Staff will provide this information to City Council and to the public
on the Geographic Information Systems (GIS) storybook
<https://storymaps.arcgis.com/stories/d2e49d3e7b164d91bac740a950777399>.
Attachments:
Memo
2023 CIP List
City of Brookings Printed on 5/12/2023Page 1 of 1
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City Council Agenda Memo
From: Charlie Richter, City Engineer
Council Meeting: May 16, 2023
Subject: Presentation: 2023 CIP
Person(s) Responsible: Charlie Richter, City Engineer
Summary:
The City has developed a Capital Improvements Plan (CIP) for 2023 that incorporates
projects planned by Department of Public Works. This presentation will provide City
Council and the public with information on these projects.
Background:
The Department of Public Works has been working together along with Brookings
Municipal Utilities to plan and coordinate projects that address City needs. This process
can take several years of planning and coordination before construction can begin.
Item Details:
The City developed a GIS driven web page (storybook) that identifies the numerous
capital projects throughout the City. This web page can be found at
https://storymaps.arcgis.com/stories/d2e49d3e7b164d91bac740a950777399
Strategic Plan Consideration:
Service and Innovation Excellence – This storybook will provide residents with a high-
level informational view on all proposed capital projects throughout the city. A link to the
storybook website will be placed on the City’s website for residents to review.
Financial Consideration:
This website will inform residents what projects are planned along with cost for those
projects.
Supporting Documentation:
2023 CIP List
2023 Capital Improvements Projects
1. 22nd Avenue (Eastbrook Drive to 8th Street South)- includes water main, storm sewer, curb &
gutter, ramps, concrete roadway, sidewalk, shared-use trail, traffic signals
2. University Boulevard and 22nd Avenue Gravity Sewer Improvement Project – includes
sanitary sewer, new curb and gutter, turning lane, streetscape improvements, road
reconstruction
3. 20th Street South Interchange- installation of new interchange for I-29
4. 2023 Overlay Project- resurface seven (7) streets and one alley, ramps, storm sewer, valley
gutter, curb & gutter repairs, and sidewalk
5. Sidewalk Maintenance Project- repair 175 sidewalk locations, assessment
6. Chip Seal Project- chip sealing of 54 streets, Larson Ice Arena Parking Lot.
7. Harvey Dunn (1st Avenue to Main Avenue)- new storm sewer, sanitary sewer, water main,
sidewalk ramps, reconstruction of roadway
8. Pioneer Park Band Shell Repairs
9. Larson Ice Center Dehumidification System – Replace dehumidification system in Larson Ice
Center Blue Rink
10. Hillcrest Park Pickleball Court Complex – Design of Pickleball Court at Hillcrest Park
11. Activity Center Electrical Work
12. Little Tikes Playground Replacement
13. Prairie Hills Trail Extension – Completion of trail from Medary Ave to Sweetgrass Drive,
Sweetgrass Drive to Main Ave S
14. Outdoor Sports Court Repairs
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 23-0231,Version:1
Discussion on Comprehensive Plan Amendments
Summary:
Discussion on the Comprehensive Plan amendment process.
Attachments:
Memo
Presentation
City of Brookings Printed on 5/12/2023Page 1 of 1
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City Council Agenda Memo
From: Mike Struck, Community Development Director
Council Meeting: May 16, 2023
Subject: Comprehensive Plan – Amendment Process
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Discussion on the Comprehensive Plan amendment process.
Background:
The Comprehensive Plan is a land use planning guide for the physical development of
the City of Brookings and surrounding area. The Comprehensive Plan was prepared by
RDG Planning and Design through a public input process in 2017 and early 2018. The
Comprehensive Plan contains nine chapters:
Creating a Vision for the Future
Building the Plan
Integrated Land Use Vision
Housing and Neighborhoods
Transportation
Municipal Services
Quality of Life
Strategic Development Areas
Implementation
The primary roles of the Comprehensive Plan are community building through the public
participation and input; establishing the legal basis for land use regulations and
decisions via zoning and subdivision regulations; provide guidance for decision makers
(Planning Commission, City Council, staff); and allow the city to be responsive to a
changing world.
The Comprehensive Plan establishes the vision of where and how the community
should grow over a 20-year time period. The plan must be flexible to adapt to the
changing needs, trends, and market demands of the community.
Item Details:
The Comprehensive Plan adoption process is outlined in South Dakota Codified Law
11-6-17 and 11-6-18, which in summary requires notice of the Planning Commission
public hearing be published a minimum of ten (10) days prior to the public hearing and
the recommendation is forwarded to the City Council for consideration. The City
Council public hearing follows the same notification process as the Planning
Commission and holds a public hearing and approves the plan by resolution.
There are times when a development proposal does not match the Future Land Use
Map component of the Comprehensive Plan. When such proposals are submitted, s taff
will evaluate the development proposal to identify areas of concern and determine what
additional information is needed to satisfy city requirements or determine if the proposal
meets the overall vision and intent of the Comprehensive Plan, but still require an
amendment to the Future Land Use.
There are two types of amendments to the Comprehensive Plan, map and text
amendments. The most common type experienced is the Future Land Use map
amendment. The amendments arise due to the Future Land Use map being a
generalized map that utilizes the best available data at the time. Many of the data
sources utilized are at a high level and do not account for site specific information. As
development proposals are presented, more detailed site information becomes
available and a better understanding of the physical characteristics associated with the
site are gathered to support a map amendment.
Change is inevitable and the Comprehensive Plan is a guide for the physical
development of the community. The Comprehensive Plan is a flexible guide adapting to
changes in population, economic trends, market conditions, and the environment.
When there is inconsistency between the Comprehensive Plan and development
proposals, it is important to identify where the inconsistency is and does the
development proposal meet the vision and intent of the Comprehensive Plan. If the
vision and intent of the Comprehensive Plan are met, then an amendment may still be
needed on the Future Land Use map to support the land use decision.
Legal Consideration:
None
Strategic Plan Consideration:
The Comprehensive Plan is consistent with the City Council’s strategic plan goal #4
Sustainability as it identifies the vision for the physical development of the community in
a sustainable manner for future generations.
Financial Consideration:
None.
Options and Recommendation:
This is a discussion item.
Supporting Documentation:
Memo
Presentation
May 16, 2023
Comprehensive Plan
•Vision
•Guideline
•Flexible
Comp Plan
Zoning
Preliminary Plat
Site Plan
Current Land Use
•Existing Conditions
•Density
•Floodplain
•Street Network
Development Suitability
•Floodplain
•Depth to Water
•Hydrologic Group
•Drainage Class
•Wetlands
Future Land Use
•Population Projections
•Economic Trends
•Compatibility
•Environmental
•Public Input
Change is Inevitable
•FLU amendments
•Approval Process
•Support Development
Request
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 23-0228,Version:1
Executive Session, pursuant to SDCL 1-25-2.3 Consulting with legal counsel or reviewing
communications from legal counsel about proposed or pending litigation or contractual matters.
SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive
or closed meetings may be held for the sole purposes of:
1)Discussing the qualifications, competence, performance, character or fitness of any public
officer or employee or prospective public officer or employee. The term, employee, does not
include any independent contractor;
2)Discussing the expulsion, suspension, discipline, assignment of or the educational program of
a student or the eligibility of a student to participate in interscholastic activities provided by the
South Dakota High School Activities Association;
3)Consulting with legal counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters;
4)Preparing for contract negotiations or negotiating with employees or employee
representatives;
5)Discussing marketing or pricing strategies by a board or commission of a business owned by
the state or any of its political subdivisions, when public discussion may be harmful to the
competitive position of the business; or
6)Discussing information pertaining to the protection of public or private property and any person
on or within public or private property specific to:
a.Any vulnerability assessment or response plan intended to prevent or mitigate criminal
acts;
b.Emergency management or response;
c.Public safety information that would create a substantial likelihood of endangering
public safety or property, if disclosed;
d.Cyber security plans, computer, communications network schema, passwords, or user
identification names;
e.Guard schedules;
f.Lock combinations;
g.Any blueprint, building plan, or infrastructure record regarding any building or facility
that would expose or create vulnerability through disclosure of the location,
configuration, or security of critical systems of the building or facility; and
h.Any emergency or disaster response plans or protocols, safety or security audits or
reviews, or lists of emergency or disaster response personnel or material; any location
or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other
military or law enforcement equipment or personnel.
However, any official action concerning the matters pursuant to this section shall be made at an open
official meeting. An executive or closed meeting must be held only upon a majority vote of the
members of the public body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents
an executive or closed meeting if the federal or state Constitution or the federal or state statutes
City of Brookings Printed on 5/12/2023Page 1 of 2
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File #:ID 23-0228,Version:1
require or permit it. A violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019,
ch 2, § 1; SL 2022, ch 4, § 2.
City of Brookings Printed on 5/12/2023Page 2 of 2
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