HomeMy WebLinkAboutPACKET Town Board Study Session 2019-06-25
Tuesday, June 25, 2019
5:30 p.m. – 6:40 p.m.
Rooms 202/203
5:15 p.m. - Dinner
5:30 p.m. Process for Board Review of Compliance with Governance
Policies. (Board Discussion/Administrator Lancaster)
6:00 p.m. Floodplain Management to Maintain Compliance with the
National Flood Insurance Program and Community Rating
System. (Manager Hook)
6:30 p.m. Trustee & Administrator Comments & Questions.
6:35 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:40 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 5:00 p.m.
AGENDA
TOWN BOARD
STUDY SESSION
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TOWN ADMINISTRATOR Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Town Administrator Lancaster
Trustee Cenac
Date: June 25th, 2019
RE: Process for Board Review of Compliance with Governance Policies
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER_draft policy____
QUASI-JUDICIAL YES NO
Objective:
Board discussion of draft Governance policy regarding Board self-monitoring of
compliance with Governing policies
Present Situation:
The Board of Trustees has operated under a modified version of Policy Governance for
several years. The first chapter of the Policy Governance Manual deals with the
Governance Process and the role and responsibilities of the Board of Trustees and the
Mayor. These provisions are self-enforcing. Currently there is no formal policy on how
the Board evaluates their compliance with the governing policies. At a previous Board
meeting this spring, the Board discussed developing a formal process for regular
compliance review of their governing policies, similar to what is currently done for the
Town Administrator’s compliance with the Staff Limitations policies.
Proposal:
An additional Governing Policy, Policy 1.10, has been drafted, entitled “Self-Monitoring
of the Board.” The policy is attached here for Board review and discussion. This
provides for regular review of the applicable portions of the Governing Policies that
apply to the Board of Trustees.
Advantages:
Provides for periodic review of Board compliance with their Governing Policies.
Issues can be addressed early, before they become a problem.
By discussing the policies on a regular basis, Board members can ensure their
interpretations of policies are consistent.
Provides accountability to each other regarding the adopted Governing policies
Disadvantages: 3
Time will be take to do the review
There could be conflict visible on some issues during the review
Potential for the review to be inappropriately used for political posturing or positioning.
Action Recommended:
None – discussion item only
Finance/Resource Impact:
none
Level of Public Interest
Medium to high
Attachments:
Draft Governing policy 1.10
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POLICY TYPE: GOVERNANCE PROCESS
POLICY 1.10 POLICY TITLE: SELF - MONI TORI NG OF THE BOARD
The Board of Trustees will systematically and rigorously monitor compliance with these adopted
policies, both individual and collectively, to determine the extent to which policies are being
followed. Accordingly:
1.10.1. The purpose of monitoring is simply to determine the degree to which Board policies
are being met. Monitoring will be as automatic as possible, using a minimum of Board
time so that meetings can focus on creating the future.
1.10.2 Self-monitoring of compliance with these policies will be completed by the Town Board
twice a year, in August and February at a regularly scheduled Board Study Session.
Monitoring shall be on an exception basis.
(a) The Town Administrator will notify the Board of the scheduled self-monitoring session
a minimum of two weeks prior to the meeting.
(b) Each Board member should review the policy list in section 1.10.6 prior to the
scheduled study session
(c) Any Board member who has a concern about compliance with any of the policies listed
in 1.10.6, or who wishes to discuss the content or interpretation of any of the policies,
should notify the Mayor at least one week prior to the meeting.
(d) Discussion at the Study Session will be limited to those polices brought to the
attention of the Mayor by a member of the Board. All other policies shall be deemed
in compliance.
1.10.3 In every case, the Board of Trustees will judge whether (a) the interpretation is reasonable,
and (b) whether data demonstrate accomplishment of, or compliance with, the Town
Board’s interpretation.
1.10.4 In every case, the standard for compliance shall be “any reasonable Town Trustee’s
individual interpretation” of the Board of Trustees’ policy being monitored however, the
Board of Trustees is the final judge of reasonableness, and will always judge with a
“reasonable person” test (what a reasonably prudent person would do in that context).
Interpretations favored by individual board members do not constitute a “reasonable
person” test.
1.10.5 Actions determined to be not compliant with a reasonable interpretation of Board of
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Trustees’ policies will be subject to a process agreed to by the Town Board.
1.10.6. Town Board Compliance Review Schedule
P Method
GOVERNING POLICY REVIEW DATE
1.1 Governance Style Aug & Feb
(2)(5)-(11) Aug & Feb
1.3 Board Job Description
1.3.1.1.C.i Board Communication Aug & Feb
1.3.1.3 Performance review of Town Administrator and Town
Attorney
Aug & Feb
1.3.2.3 Quasi-Judicial Actions Aug & Feb
1.3.2.4 Trustee Communications Aug & Feb
1.4 Mayor’s Responsibility
1.4.1 Meeting Leadership Aug & Feb
1.4.3 Refraining from Unauthorized Unilateral Actions Aug & Feb
1.4.4 Representation Aug & Feb
1.4.7.2 Special Assignments Aug & Feb
1.6 Board Committee Principles
1.6.1 Committees Appointed by the Board
1.6.1.1
Aug & Feb
1.6.1.2 Aug & Feb
1.6.1.4
Aug & Feb
1.6.1.6 Aug & Feb
1.6.1.7 Aug & Feb
1.6.2 Outside Committees
1.6.2.1 – Official Representation Aug & Feb
1.6.2.2 b&c Individual Representation
Aug & Feb
1.7 Board Liaison Roles
1.7.1 Mayoral Appointments Aug & Feb
1.7.3 Duties of A Liaison Aug & Feb
1.8 Board Standing Committees
1.8.2 Use of Board Committees Aug & Feb
1.8.3 Principles for Board Committees Aug & Feb
1.9 Annual Planning and Agendas
1.9.1 Annual Planning Aug & Feb
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Adopted Town Policies
103 Town Board Code of Conduct and Operating Principles Biannually –
following Town
Board Elections
107 Board E-mails Annually March
DRAFT 5-13-19
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PUBLIC WORKS Report
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Greg Gladov, PE, Public Works Floodplain Engineer
David Hook, PE, Public Works Engineering Manager
Date: June 25, 2019
RE: Floodplain Management to Maintain Compliance with the National Flood
Insurance Program and Community Rating System
Objective:
Discuss proposed revisions to the Town’s floodplain regulations.
Present Situation:
The Town currently participates in the National Flood Insurance Program (NFIP), with
219 flood insurance policyholders within the town limits that have an insured value of
approximately $50M. The annual premiums paid in Estes totaled $153,812 in 2018.
By participating in the NFIP the Town has agreed to manage and reduce future flood
risk by adopting and enforcing floodplain management regulations that meet the
minimum program requirements. NFIP floodplain management activities enhance public
safety, reduce flood damage, reduce economic disruption, protect the environment, and
provide for lower flood insurance premium rates for policyholders. The Town is currently
in compliance with NFIP minimum requirements.
Participation in the NFIP is not mandatory, but participation does bring benefits to the
community. Anyone in the community can purchase flood insurance at a discount from
the market rate. Also, the Town, other agencies (e.g. school districts), and residents
have improved access to state and local pre-disaster and emergency disaster grant
programs. Communities can voluntarily withdraw from the NFIP and diminish eligibility
for disaster grant program.
Should a participating community be unwilling to remedy deficiencies related to
minimum program requirements (e.g. floodplain regulations; adoption of FEMA effective
data), they would at some point be placed on probation. While on probation, no new
NFIP flood insurance policies will be issued and existing policyholders will be subject to
a policy rate surcharge and not be able to renew their policies. It is possible that a
lender may mandate loan repayment if NFIP insurance is not available. If ongoing
efforts fail to restore the community to being in compliance, then the community would
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be suspended from the NFIP (i.e. no longer in the program). Again, no new NFIP flood
insurance policies will be issued, existing policyholders will not be able to renew their
policies, and lenders may require loan repayment. Non-participating agencies would
have reduced access to pre-disaster and emergency disaster grant programs. Further
insight on participating or not participating in the NFIP may be gained by reviewing the
attached email from Matt Buddie of the Federal Emergency Management Agency
(FEMA).
The Town does not currently participate in the Community Rating System (CRS). We
have some program deficiencies that must be resolved before we could be considered
eligible for participation. The CRS recognizes and encourages community floodplain
management activities that exceed the minimum NFIP standards. Participation in the
CRS can result in additional discounts to flood insurance premium rates up to 45%.
CRS floodplain management activities also provide additional positive impacts on public
safety, flood damage, economic disruption, and the environment. Implementing some
CRS activities can help projects qualify for certain other Federal assistance programs.
The Town currently regulates floodplain management through Municipal Code 17.28
and Ordinance 13-17 (both attached). This section of the code has been updated on
several occasions over the years.
On February 5, 2019, representatives from the Colorado Water Conservation Board
(CWCB) and FEMA conducted a Community Assistance Visit (CAV) with Public Works
(PW) staff. These visits help CWCB and FEMA maintain periodic contact with
communities participating in the NFIP to assess the effectiveness of a community’s
implementation of its floodplain management regulations, and to provide technical
assistance.
In follow-up to the CAV, CWCB and FEMA provided the attached letter containing a
summary of their findings (Summary). Deficiencies were noted in three areas:
Floodplain Management Regulations (Regulations), Administration and Permitting
(Admin), and Floodplain Mapping (Mapping). Staff is administratively addressing the
Admin concerns. The concerns related to Regulations and to Mapping will be the focus
of this Study Session discussion. The revised timeline to address the concerns related
to Regulations and Mapping currently allows for development of draft revised floodplain
management regulations in May, June and July, with Town Board consideration of
adoption by August 27, 2019.
Regulations:
The Summary includes a long list of deficiencies found in our current regulations that
must be corrected in order for our participation in the NFIP program to continue. CWCB
and FEMA recommend that the Town use the Colorado Model Floodplain Damage
Prevention Ordinance (Model Ord) to ensure all required language is incorporated. They
did acknowledge that, at our option, we could modify our existing floodplain regulations.
They indicated that most communities in Colorado base their regulations on the model
ordinance. The few communities that don’t use the model ordinance typically have
stricter regulations.
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Mapping:
Our municipal code contains section 17.28.016 that adopts the Flood Insurance Study
for the Town of Estes Park, Colorado dated December 9, 2006, and the accompanying
Flood Insurance Rate Maps (FIRMs) as the regulatory basis for establishing areas of
special flood hazard. Ordinance 13-17 requires use of the peak discharge flow
determined by the 2014 hydrology study by Matrix (only Fish Creek basin) and the 2017
hydrology study by Wright Water Engineers (other four basins).
CWCB and FEMA recommend that the Town regulate to the draft Colorado Hazard
Mapping Program (CHAMP) data as the best available data (instead of using the
current effective FEMA data). It is the understanding of staff that implementation of the
‘best available data’ approach as recommended by CWCB and FEMA is not mandatory
at this time (i.e. does not put the Town’s participation in the NFIP at-risk), since they
recognize that the CHAMP process has been progressing towards becoming the new
effective FEMA data (probably early 2021). Choosing to not regulate to the draft
CHAMP maps does carry the risk of the Town incurring the (significant) cost obligation
to process one or more LOMRs to amend the new FIRMs if the Town approves any
floodplain permit within the 1% probability floodplain depicted on the new FIRMs.
Comparing CHAMP data to 2013 Flood high-water marks:
Staff has begun our follow-up effort to the Town Board Study Session discussion on
June 11, 2019. We are currently reaching out to individuals to identify 2 to 6 locations
where the CHAMP data forecast for the 1% flood flow wets property that remained dry
in the 2013 flood. We will then use our GPS data collector to obtain horizontal and
vertical data for those locations. That data will be forwarded to the CHAMP team with a
request for analysis and explanation on the differences as well as a request for a cross-
section of the modeled 1% base flood elevation at these locations. A planned Town
Board field trip in August 2019 could be a forum to visit some or all of the locations to
view stakes representing the 2013 flood and CHAMP data for continued discussion.
Proposal:
Regulations:
Staff has evaluated the list of deficiencies and evaluated the Model Ordinance.
Additionally, staff has coordinated with Community Development Director Hunt, CWCB,
and FEMA regarding the proposed draft regulations. Based on the premise that the
Town desires to continue providing proactive floodplain management services to the
Estes Park community and to maintain participation in the NFIP, PW staff proposes to
develop a revised floodplain regulation built upon the Model Ordinance. To that end, the
attached Draft Floodplain Damage Prevention Ordinance (Draft Regulations) has been
prepared for review and discussion.
Mapping:
The attached Draft Regulations contains a section (Article III Section B) that addresses
the basis for establishing the Special Flood Hazard area. Based on the recommendation
in the Summary, the attached Draft Regulations have been prepared with reference to
CHAMP data as the regulatory basis for establishing the Special Flood Hazard area.
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Advantages:
Upgrading the Regulations:
• Maintain eligibility for NFIP participation (including continued issuance/renewal of
flood insurance policies and maximum eligibility for pre-disaster and post-disaster
grants).
Regulating to CHAMP data:
• Requiring new projects develop to CHAMP data will result in improved protection
of lives and property in flood-prone areas.
• The Town avoids bearing the cost of future LOMRs on near-term projects.
Disadvantages:
Upgrading the Regulations:
• Increased regulatory burden on proposed improvements within the areas of
special flood hazard.
Regulating to CHAMP data:
• Applicants for Floodplain Development Permits bear the cost of preparing Letters
of Map Revisions (LOMRs).
• More properties will be subject to flood insurance obligations sooner and at a
higher cost.
Action Recommended:
Staff requests feedback from the Town Board on the following questions:
1. Do you desire to continue the Town’s participation in the NFIP?
2. Do you desire to participate in the CRS?
3. Do you have suggestions for modifications to the draft revised regulations that
we can discuss with CWCB and FEMA to verify conformance to minimum NFIP
requirements?
4. Do you desire to regulate to the draft CHAMP data now while the final CHAMP
data is being reviewed and processed by FEMA in advance of FEMA issuing the
final effective FIS and FIRMs (anticipated for early 2021)?
Finance/Resource Impact:
Depending on the direction of the Town Board, financial impacts to the Town budget
range from near zero (implement the proposed floodplain regulations) to additional part
time staff (increased administration of CRS responsibilities) to possibly over $100k (for
each latent LOMR) to perhaps millions of dollars (lost grant revenue). More detail can
be provided as this process moves forward.
Level of Public Interest
Level of public interest is expected to be moderate while the ramification of this decision
can be financially significant to impacted property owners.
Attachments
FEMA Email
Existing EPMC Section 17.28
Ordinance 13-17
CWCB/FEMA CAV letter
Proposed draft regulations
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6/19/2019 Town of Estes Park Mail - Fwd: Flood insurance questions
https://mail.google.com/mail/u/0?ik=56e9e39985&view=pt&search=all&permmsgid=msg-f%3A1636788005692768364&dsqt=1&simpl=msg-f%3A1636788005692768364 2/3
---------- Forwarded message ---------
From: Frank Lancaster <flancaster@estes.org>
Date: Wed, Jun 12, 2019 at 11:54 AM
Subject: Fwd: Flood insurance questions
To: Greg Muhonen <gmuhonen@estes.org>
Fyi
Frank Lancaster
Town Administrator
---------- Forwarded message ----------
From: "Buddie, Matthew" <Matthew.Buddie@fema.dhs.gov>
Date: Wed, Jun 12, 2019 at 11:47 AM
Subject: Re: Flood insurance questions
To: Town Admin <flancaster@estes.org>
Frank-
We definitely have had communities decide to drop out of the NFIP but they are typically small communities with little/no development and very little capacity to
actively manage their risk. I’m not aware of a community with the flood risk Estes Park has decide to drop out just based on the limited Public Assistance and
other Federal Assistance that would no longer be available following a Federal Disaster Declaration not to mention the flood insurance component.
I am working with another community that has similar characteristics to Estes Park considering the pros and cons of participating in the program. Their biggest
concern is wildfire and not flood. However, as you know flood typically follows wildfire, sometimes before the fire is even contained. If property owners having
survived the fire cannot quickly get coverage for ensuing floods it could be a significant problem. Private insurers could pull out of a particular area or significantly
increase their rates whereas the NFIP will be there to provide coverage. I spoke to an elderly woman earlier this spring down in Walsenburg/ La Veta who was
quoted $3000/ yr from a private insurer. She is not located in a high risk flood zone on the FEMA FIRM so we were able to get her a Preferred Risk Policy
through the NFIP for $400/ yr.
I say all this to say we do not want Estes Park to drop out of the NFIP but we also want you to understand and accept the flood risk being portrayed on the FEMA
FIRMs. We can run different models, conduct additional studies, and change the inputs until the next flood occurs but I can guarantee we will never make
everyone happy. At some point we need to come to an agreement and move forward.
I have no doubt the Mayor wants a vibrant and resilient Estes Park. FEMA wants this too so whatever i can do to help move the conversation along and reach
agreement please let me know.
Get Outlook for iOS
From: Town Admin <flancaster@estes.org>
Sent: Wednesday, June 12, 2019 12:20:20 PM
To: Buddie, Matthew
Subject: Flood insurance questions 13
6/19/2019 Town of Estes Park Mail - Fwd: Flood insurance questions
https://mail.google.com/mail/u/0?ik=56e9e39985&view=pt&search=all&permmsgid=msg-f%3A1636788005692768364&dsqt=1&simpl=msg-f%3A1636788005692768364 3/3
Hi Matt,
My Mayor had a couple of questions that I’m hoping you can help me with.
Are you aware of any cities or towns who have decided not to participate in the Federal Flood Insurance program and not adopted FEMA
sanctioned flood maps?
Also do you know of any communities that have formed consortium to self insure for flood insurance as an alternative to the Federal Flood
Insurance program?
I can’t imagine any community would opt out or would try to do this on their own, but I didn’t have answers to these questions.
Thanks,
Frank Lancaster
Town Administrator
Estes Park CO
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5/4/2019 Estes Park, CO Municipal Code
1/9
Chapter 17.28 - Floodplain Regulations
17.28.010 - Purpose.
It is the overall purpose and intent of this Chapter to promote the health, safety and general welfare to provide adequate zoning regulations to minimize death, injury and losses to public and private property due to
flooding. It is further intended that these regulations will help to identify and clarify where flood hazards may exist and to insure that potential buyers or builders are aware that certain properties are in areas with special
flood hazards.
(Ord. 22-86 §1 Exhibit A (part), 1986)
17.28.015 - De nitions.
For purposes of this Chapter only, certain terms and words are defined as set forth in this Section:
Critical Facility or Critical Facilities means a structure or related infrastructure, but not the land on which it is situated, as specified as essential facilities per American Society of Civil Engineers (ASCE/SEI 7) and
Article 5, Section H of the Colorado Floodplain Damage Prevention Ordinance, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the
community at any time before, during and after a flood.
Floodplain Administrator means the community official designated by the Town Administrator to administer and enforce the floodplain management regulations.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be kept free of obstructions in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
Freeboard means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater
than the height calculated for a selected size flood, such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.
No-rise certification means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A no-rise certification must be supported by
technical data and signed by a registered Colorado Professional Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the one-hundred-year
floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).
Regulatory Floodplain means the one-hundred-year floodplain. Previously designated floodplain areas that have been removed from FEMA's effective regulatory floodplain by a Letter of Map Revision based on Fill
(LOMR-F) shall be regulated by requiring all new and substantially improved structures on these lands to maintain the lowest floor above the base flood elevation, consistent with development in the regulatory
floodplains.
(Ord. 7-87 §8, 1987; Ord. 8-90 §3, 1990; Ord. 15-97, 1997; Ord. 14-13 §1, 2013; Ord. No. 16-16 , §1(Exh. A), 6-14-2016)
Editor's note— At the direction of the Town, the effective date of Ord. 16-16, adopted June 14, 2016, is July 18, 2016.
17.28.016 - Basis for establishing the areas of special ood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for the Town of Estes Park, Colorado," dated
December 19, 2006, with an accompanying Flood Insurance Rate Map (FIRM), is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study and FIRM are on file at the Municipal
Building, 170 MacGregor Avenue, Estes Park, Colorado.
(Ord. 8-90 §4, 1990; Ord. 6-07 §1, 2007)
17.28.017 - Duties and responsibilities of the Floodplain Administrator.
Duties of the Floodplain Administrator shall include, but not be limited to:15
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(1)
(2)
(3)
(4)
(a)
(1)
(2)
(b)
(c)
(d)
(1)
(2)
(3)
(4)
(1)
(2)
(3)
(4)
(5)
Review all development permits to determine that the permit requirements of this Chapter have been satisfied.
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.
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of this Chapter are met.
Review, approve, or deny all applications for floodplain development permits required by this Chapter. The Floodplain Administrator may delegate signature authority for permitting purposes.
(Ord. 8-90 §5, 1990; Ord. 15-97, 1997; Ord. No. 16-16 , §1(Exh. A), 6-14-2016)
Editor's note— At the direction of the Town, the effective date of Ord. 16-16, adopted June 14, 2016, is July 18, 2016.
17.28.020 - Establishment of districts.
There are created and established in the Town the following special zoning districts:
FW Floodway District;
FF Flood Fringe District.
Establishment of floodway criteria. The Town recognizes that designated floodways are administrative limits and tools used to regulate existing and future floodplain developments within its jurisdiction. At
such time when floodways are to be delineated through physical map revisions involving local government participation, the Town shall delineate floodways for the revised reaches based on one-half-foot
rise criteria. Letters of map revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation. Until such time that floodways are
revised and designated, the Town may continue to regulate its mapped one-foot floodways. For reaches where a transition must be shown to connect new studies to existing studies with different floodway
criteria, the transition length shall not exceed two thousand (2,000) feet.
The floodway and flood fringe districts shall be special zoning districts which overlay the underlying zoning districts on property designated to be within the floodplain area. The boundaries of the zoning
districts shall be determined by actual elevation of the ground surface as determined by a Town-approved engineering survey and delineated on the official floodplain zoning maps of the Town.
Whenever possible, the provisions of this Chapter shall be interpreted to apply in conjunction with other land use regulations. In the event of conflicts with other provisions of this Code, the more restrictive
provisions shall apply.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 14-13 §2, 2013)
17.28.030 - FW Floodway District; permitted uses.
No building or premises shall be used, and no building shall be hereafter erected or structurally altered, except for one (1) or more of the following uses:
Agricultural uses, including general farming, grazing of horses and livestock, forestry, sod farming, crop harvesting, raising of plants and flowers, and open air nurseries;
Recreational uses, including but not limited to golf courses, golf driving ranges, swimming pools, parks and recreation areas, picnic grounds, horseback riding and hiking trails;
Wildlife and nature preserves, game farms and fish hatcheries;
Uses permitted by special review: outdoor amusements of a temporary, transient nature; stockpiling of sand and gravel, streets, bridges, utility transmission lines and pipeline; open pit mining for
removal of top soil, sand, gravel or other materials; and parking lots.
(Ord. 22-86 §1 (part), 1986)
17.28.040 - FW Floodway District; conditions.
The permitted uses set forth in Section 17.28.030 above are subject to the following conditions:
No use is permitted which is not also permitted in the underlying zoning district.
No use shall limit, restrict or create an obstruction of the flow capacity of the floodway, a channel, a main stream or a tributary to a main stream.
No permitted use shall include structures, fill or storage of materials or equipment, except limited stockpiling of sand and gravel which may be permitted by special review.
Any proposed well, solid waste disposal site or sewage disposal system shall be protected from inundation by floodwater.
No use shall increase flood heights during the base flood discharge.16
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(6)
(7)
(8)
(9)
(10)
(11)
(12)
(1)
(2)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
No new manufactured homes, manufactured home parks or manufactured home subdivisions shall be permitted. Replacement of existing manufactured homes or manufactured home parks or subdivisio
accord with Section 17.28.110(4).
For a use permitted by special review, no structure, deposit, obstruction or other use shall be allowed which, acting alone or in combination with existing or future uses, adversely affects the flow
capacity of the floodway or increases flood heights.
For a use permitted by special review, the storage or processing of materials that are in time of flooding buoyant, flammable, poisonous, explosive or otherwise injurious to human, plant or animal life
shall be prohibited.
For a use permitted by special review, no storage of movable objects shall be permitted.
No use is permitted which results in any increase in the base flood elevation.
No use shall be permitted unless all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities are designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
A minimum levee freeboard of three (3) feet shall be necessary, with an additional one (1) foot of freeboard within one hundred (100) feet of either side of hydraulic structures within the levee or
wherever the flow is constricted, such as at bridges. An additional one-half (½) foot above this minimum is also required at the upstream end of the levee.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §9, 1987; Ord. 15-97, 1997; Ord. 14-13 §3, 2013)
17.28.050 - FF Flood Fringe District; permitted uses.
No building or premises shall be used, and no building shall be hereafter erected or structurally altered, except for one (1) or more of the following uses:
All uses permitted without special review in the underlying zoning district, except outside storage; and
Uses permitted by special review: all uses permitted by special review in the underlying zoning district.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 15-97, 1997)
17.28.060 - FF Flood Fringe District; conditions.
The permitted uses set forth in Section 17.28.050 are subject to the following conditions:
All structures shall be placed on fill so that the lowest floor of each structure is at or above the regulatory flood protection elevation. Nonresidential structures may be permitted without being placed on
fill, provided that such structures comply with the floodproofing requirements of this Chapter.
No fill or deposit of materials shall be permitted if such is found to reduce the storage or flow capacity of a drainway.
No use shall be commenced nor structures built which may limit or restrict the flow capacity of the channel of a drainway, or which may retard drainage of floodwaters from such channel.
Fill or deposit of materials shall be permitted only to the extent required for placement of structures and their accessory uses, except such stockpiling and storage as may be permitted by special review.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
All new and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems, and discharge from the systems into floodwaters; and on-site
waste disposal systems shall be located so as to avoid impairment to them or contamination from them during flooding.
The storage or processing of materials that are, in time of flooding, buoyant, flammable, poisonous, explosive or could be injurious to human, plant or animal life shall be prohibited.
No use shall be permitted unless all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§10, 11, 1987)
17.28.070 - Special review applications.
All applications for uses permitted by special review FW floodway and FF flood fringe districts shall be submitted in accordance with the requirements of Section 17.36.030 and, in addition, shall contain the following
information, unless it is determined by the Town Planner that sufficient information is available to the Town:17
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(2)
(3)
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(2)
Plans drawn to scale and prepared by a professional engineer or licensed surveyor showing the nature, location, dimensions and elevation of the lot, parcel or tract of land;
Location and dimensions of all proposed structures and elevations of the lowest floor (including basement) of new and substantially improved structures shall be included;
The amount of fill to be used if any;
A description and specifications of all floodproofing measures; where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or
architect shall develop and/or review structural 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 Sections 17.28.130 and 17.28.150 of this Code;
The relationship of the use or structures to the location of the channel, floodway and flood protection devices;
The flood protection elevation;
A typical valley cross-section showing the channel of streams, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and
highwater information;
Surface view plans showing elevations or contours of the ground, pertinent structures, fill or storage elevations;
Location and elevations of streets, water supply and sanitary facilities;
A profile showing the slope of the bottom of the channel or flow line of the stream; and
Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitary facilities.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§12, 13, 1987; Ord. 15-97, 1997)
17.28.080 - Special review considerations.
The following considerations are to be made by the Planning Commission and Board of Trustees when reviewing special review applications for areas located in the FW floodway and FF flood fringe districts:
The danger to life and to property upstream and downstream within the floodplain due to the increased flood heights or velocities caused by the proposed use;
The danger to life and property due to materials being swept away onto other lands or downstream in the event of a flood;
Whether the proposed water supply and sanitation systems are sufficient to prevent disease, contamination and unsanitary conditions in the event of a flood;
The safety of access to the property in times of flood;
The expected heights, velocity, duration, rate of the rise, and sediment transport of floodwaters at the proposed property and their effect on the proposed use;
The recommendations of the Town Engineer and the Town Administrator; and
The review and reasonable utilization of any base flood elevation and floodway data available from a federal, state or other source, as criteria for requiring that new construction, substantial
improvements or other development in zoning meet the requirements of Sections 17.28.060 and 17.28.110 for residential structures and Sections 17.28.040 and 17.28.100 for nonresidential structures.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §14, 1987)
17.28.090 - Floodplain development permit.
A floodplain development permit shall be obtained before construction or improvement begins within any area of special flood hazard. Applications for special floodplain development permits shall be
accompanied by surveys, plot plans, drawings and plans indicating floodproofing measures as set forth in this Chapter. Applicants for a floodplain development permit shall be assessed a fee for advertising
and processing.
Minimum freeboard. A minimum freeboard of one (1) foot above the one-hundred-year elevation (base flood elevation) shall apply to structures in the floodplain as follows:
Residential structures. New and substantially changed residential structures, and additions to existing residential structures, shall be constructed with the lowest floor, including basements, placed with
a minimum of one (1) foot of freeboard above the base flood elevation.
Nonresidential structures. New and substantially changed nonresidential structures and additions to existing nonresidential structures shall be constructed with the lowest floor, including basements,
placed with a minimum of one (1) foot of freeboard above the base flood elevation, or be floodproofed to an elevation of at least one (1) foot above base flood elevation. Agricultural structures shall be
exempt from this requirement.18
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(b)
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(d)
(e)
(f)
(g)
Critical facilities shall be constructed with two (2) feet of freeboard or floodproofed to an elevation at least two (2) feet above the base flood elevation. This requirement does not affect the freeboard
requirement for levees described in Section 17.28.040 of this Chapter.
A qualified registered Colorado Professional Engineer in good standing shall direct or supervise floodplain projects within the regulatory floodplain and project designs within the regulatory floodplain shall
be certified and sealed by the Colorado Professional Engineer.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 28-87 §2, 1987; Ord. 15-97, 1997; Ord. 14-13 §4, 2013)
17.28.100 - Design standards; FW Floodway District.
All uses permitted in the floodway district shall comply with the following design standard:
Fill shall not be permitted in the FW district except when such fill, acting alone or in combination with existing or future floodplain uses, shall be shown to not increase flood heights during the base flood
discharge; and such fill shall be protected against erosion where erosion velocities may occur by the use of riprap, bulkheading or vegetative cover.
Where structures are allowed, the following restrictions shall apply:
Structures shall not be designed for human residential occupancy. Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional
engineer or architect shall develop and/or review structural 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 Sections 17.28.130 and 17.28.150 of this Code;
Structures shall be constructed so that the longitudinal axis of the structure is parallel to the direction of the flood flow;
Whenever possible, placement of structures shall be upon the same flood-flow lines as those of adjoining structures;
All utility services in connection with structures shall, whenever possible, be placed above the flood protection elevation or where not practicable shall meet the floodproofing requirement of this
Chapter; and
All utility services, including electrical, heating, ventilation, plumbing and air conditioning equipment and their service facilities shall be designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
No use shall increase flood heights during the base flood discharge.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§15, 16, 17, 1987)
17.28.105 - E ects of ood mitigation measures and stream alteration activities on regulatory oodplains.
Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition and channel migration and properly mitigate potential problems through the project
as well as upstream and downstream of any improvement activity. A detailed geomorphological analysis should be considered, when appropriate, to assist in determining the most appropriate design.
Project proponents for a mitigation activity must evaluate the residual one-hundred-year floodplain. Proponents are also encouraged to map the five-hundred-year residual floodplain.
All public and private flood control structures shall be maintained to ensure that they retain their structural and hydraulic integrity. Annual inspections, including, as appropriate, field surveys of stream cross-
sections, shall demonstrate to the Floodplain Administrator that the project features are in satisfactory structural condition, that adequate flow capacity remains available for conveying flood flows and that
no encroachment by vegetation, animals, geological processes, such as erosion, deposition or migration, or by human activity, endanger the proper function of the project. If there are any significant
problems, as identified within annual inspection reports, the facility or project owner shall notify the Floodplain Administrator within fifteen (15) days of the inspection. The inspections shall be conducted by
Town staff for all publicly owned or publicly maintained facilities, and shall be conducted by the property owner or facility owner for all privately owned and maintained facilities.
Any stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable federal, state and local floodplain rules,
regulations and ordinances.
Any stream alteration activity shall be designed and sealed by a Colorado Professional Engineer or Certified Professional Hydrologist.
All activities within the regulatory floodplain performed by federal agencies using local or state funds or by private, local or state entities shall meet all applicable federal, state and local floodplain
requirements.
Stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a Colorado Professional Engineer, that there are no adverse
floodway impacts resulting from the project. This requirement only applies on stream reaches with established base flood elevations.
No adverse floodway impact means that there is a 0.00-foot rise in the proposed conditions compared to the existing conditions floodway. Upon completion of any work within a floodway, a floodway no-rise
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certification shall be submitted by the engineer of record.
Whenever a stream alteration activity is known or suspected to increase or decrease the established base flood elevation in excess of 0.3 vertical feet, a letter of map revision showing such changes shall be
obtained in order to accurately reflect the proposed changes on FEMA's regulatory floodplain map for the stream reach. The Town is responsible for ensuring that this process is pursued. This Section does
not require a Conditional Letter of Map Revision (CLOMR) to be applied for, unless mandated by the Floodplain Administrator.
(Ord. 14-13 §5, 2013)
17.28.110 - Design standards; FF ood fringe.
All uses permitted in the FF Flood Fringe District shall comply with the following design standard:
The use of fill shall be the minimum necessary to comply with the provisions of this Section. When required by the provisions of this Chapter, fill shall be to a point no lower than the regulatory flood
protection elevation for the area in question. Such fill shall further extend at such elevation fifteen (15) feet beyond the outer perimeter of any structure erected on such fill. No fill shall be used in such a
manner as to restrict the flow capacity of any drainway.
The lowest floor of any structure shall be no lower than the regulatory flood protection elevation. Nonresidential structures may be permitted without being placed on fill, provided that the
floodproofing requirements of this Chapter are met.
All utility services, including electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designated and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
Anchoring.
All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood
elevation and be securely anchored to an adequately anchored foundation system in accordance with the anchoring provisions of this Title.
All manufactured homes situated within such parks or subdivisions, and manufactured homes placed in existing manufactured home parks and existing manufactured home subdivisions shall be
anchored to resist flotation, collapse and lateral movement by providing over-the-top ties and frame ties to ground anchors. All components of the anchoring system shall be capable of carrying a
force of four thousand eight hundred (4,800) pounds per square inch. All additions to any manufactured home shall also be anchored. This requirement is in addition to applicable state and local
anchoring requirements for resisting wind forces. The following is the minimum anchoring system required:
There shall be provided over-the-top ties at each of the four (4) corners of the manufactured home, with two (2) additional ties on each long side at intermediate locations, except that
manufactured homes less than fifty (50) feet long shall be provided with one (1) such additional tie.
There shall be provided frame ties at each of the four (4) corners of the manufactured home, with five (5) additional ties per long side at intermediate points, except that manufactured homes
less than fifty (50) feet long shall have four (4) additional ties per long side.
The Federal Emergency Management Agency Manual (FEMA #85) "Manufactured Home Installation for Flood Hazard Areas" should also be consulted for guidance on suggested elevation and
anchoring techniques.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§18, 19, 1987; Ord. 15-97, 1997)
17.28.130 - Floodproo ng.
Floodproofing measures taken for nonresidential structures pursuant hereto shall be designed consistent with the regulatory flood protection elevation for the location, flood velocities, durations, rate of rise,
hydrostatic and hydrodynamic forces, and other factors associated with the area of special flood hazard. The applicant shall submit a plan or document certified by a registered professional engineer or licensed architect
that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the location. The following are floodproofing regulations published by the U.S. Army Corps of
Engineers:
Anchorage to resist flotation and lateral movement of structures.
Installation of watertight doors, bulkheads and shutters, or reinforcement of walls to resist water pressures.
Use of paints, membranes or mortars to reduce seepage of water through walls.
Addition of mass or weight to structures to resist flotation.
Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
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(7)
(8)
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(10)
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(15)
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2.
Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement hydrostatic and hydrodynamic pressures.
Construction to resist rupture collapse caused by water pressure or floating debris.
Installation of valves or controls on sanitary and storm drains which will permit the drain to be closed to prevent backup sewage and stormwaters into the buildings or structures.
Location of all electrical equipment, lines, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding.
Construction of water, sewer and natural gas lines to resist rupture or collapse caused by water pressure.
Location of any structural storage facilities for chemical explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a
manner which will assure that the facilities are situated at elevation above the heights associated with the regulatory flood protection elevation or are adequately floodproofed to prevent flotation of
storage containers which could result in the escape of toxic materials into floodwaters.
Where a nonresidential structure is intended to be made watertight below the base flood level, a registered professional engineer or architect shall develop and/or review structural 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
this Section and Section 17.28.150.
Construction materials and methods.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
Subdivision proposals.
All subdivision proposals shall be consistent with the need to minimize flood damage.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).
Manufactured homes.
Manufactured homes shall be anchored in accordance with this Chapter.
All manufactured homes or those to be substantially improved shall conform to the following requirements:
Require that manufactured homes that are placed or substantially improved (a) in an expansion to an existing manufactured homepark or subdivision, or (b) in an existing manufactured
homepark 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 be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral
movement.
Require that manufactured homes to be placed or substantially improved on sites in existing manufactured homeparks or subdivisions that are not subject to the provisions in 1 above be
elevated so that either (a) the lowest floor of the manufactured home is at or above the base flood elevation, or (b) the manufactured home chassis is supported by reinforced piers or other
foundation elements that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §21, 1987; Ord. 8-90 §7, 1990; Ord. 15-97, 1997)
17.28.140 - Nonconforming buildings.
No substantial improvement may be made to any structure which does not conform to the requirements of this Chapter.
(Ord. 22-86 §1 Exhibit A (part), 1986)
17.28.150 - Administration.
This Chapter shall be administered by the Floodplain Administrator. It shall be the duty of the Floodplain Administrator to obtain and maintain records of lowest floor elevations and floodproofing levels for all new or
substantially improved structures, and whether or not such structures contain basements. Such records shall be placed on repository for public inspection during normal business hours at 170 MacGregor Avenue, Estes
Park, Colorado. It shall also be the duty of the Floodplain Administrator to:
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Notify adjacent communities and the appropriate state offices prior to the alteration or relocation of a river or watercourse.
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
Copies of all such notifications shall be submitted to the Federal Emergency Management Agency. The Floodplain Administrator shall use all available floodplain information and data services to aid in the
administration of this Chapter.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 7-87 §§1, 22, 1987; Ord. 8-90 §6, 1990; Ord. 15-97, 1997; Ord. No. 16-16 , §1(Exh. A), 6-14-2016)
Editor's note— At the direction of the Town, the effective date of Ord. 16-16, adopted June 14, 2016, is July 18, 2016.
17.28.155 - Enforcement of oodplain rules and regulations.
The following procedure shall be followed regarding alleged violations.
Notice of non-compliance.
A notice of non-compliance (NONC) may be prepared and transmitted by the Floodplain Administrator. Information regarding potential violations may be discovered directly by staff or can be
brought by a complainant or by any other person who may be directly and adversely affected or aggrieved as a result of the alleged violation.
Oral complaints shall be confirmed in writing by the complainant. Persons making a complaint are required to submit a formal letter of complaint to the Floodplain Administrator.
NONC process.
An NONC shall be delivered to an alleged violator by personal delivery or by certified mail, return receipt requested. A copy of the NONC shall be transmitted to FEMA Region VIII and the
National Flood Insurance Program (NFIP) Coordinator at the Colorado Water Conservation Board (CWCB).
The NONC does not constitute final action.
The NONC shall identify the regulation or policy subject to Town jurisdiction allegedly violated and the facts alleged to constitute the violation. The NONC may propose appropriate corrective
action and suggested corrective actions, if any, that the Floodplain Administrator elects to require.
The Town shall support these regulations through its National Flood Insurance Program activities. This support will include the existing ability for the Floodplain Administrator to file sanctions upon a
property owner for non-compliance.
(Ord. 14-13 §6, 2013)
17.28.160 - Appeals.
Appeals to the Board of Appeals specified in the adopted building code may be taken by any person aggrieved by his or her inability to obtain a building permit in the FW Floodway or FF Flood Fringe zones or by any
officer, department, board or bureau of the Town. Upon review, the Board of Appeals shall have jurisdiction only over the following matters:
To review the exact zoning district boundary of the FW Floodway or FF Flood Fringe district as it relates to any specific piece of property;
To determine the suitability and advisability of alternate methods of construction. Such determination shall not reduce the capacity of the structure involved to withstand flood damage, nor shall any
alternate methods restrict the flow capacity of the main channel or any drainage relative to such channel;
In appropriate cases, the Board of Appeals specified in the adopted building code may issue a variance from provisions of this regulation only after making a specific finding that the variance will not
endanger the health, welfare and safety of the applicant, or any upstream or downstream owner or occupier of land. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to effect relief. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would
result. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood protection
elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
No variance shall be granted within the regulatory floodway if the base flood level will be increased.
Request for a variance to any of these regulations may be considered by the Town, provided that the entity or individual requesting the variance has submitted a written request to the Floodplain
Administrator. A notice of the request must be provided to any adjacent communities that would be affected by the variance.
The request for a variance shall identify:22
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b.
c.
d.
e.
f.
(7)
a.
b.
c.
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(8)
a.
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c.
(a)
(b)
The regulations from which the variance is requested;
The communities that would be affected by the variance;
The reasons why the rule cannot be complied with;
The estimated difference in water surface elevations, flood velocities and flood boundaries that would result if the requested variance were granted than if the calculations were made through
strict compliance with the regulations;
The estimated number of people and structures that will be impacted by the granting of the variance; and
Any other evidence submitted by the Town, the CWCB or other party of interest.
Variances may be issued if it can be determined that:
There is a good and sufficient cause;
The variance is the minimum necessary, considering the flood hazard, to afford relief; and
Failure to grant the variance would result in exceptional hardship to the community or the requestor and that the hardship is not the community's or requestor's own making; and
The granting of a variance will not result in increased vulnerability to flood losses, additional threats to public safety and welfare, extraordinary public expense, create nuisances, cause fraud or
victimization of the public, hide information of significant interest to the public or conflict with existing local laws or regulations.
Variance requests shall be processed as follows:
The Town shall render, confirm, modify or reject all variance requests pertaining to these regulations.
The CWCB may review local variance decisions on a case-by-case basis to ensure that the overall intent and spirit of these rules are properly considered at the local level.
Informal variance determination requests may be presented to CWCB staff in order to guide community officials or project applicants as to whether a formal variance would be needed on a case-
by-case basis.
(Ord. 22-86 §1 Exhibit A (part), 1986; Ord. 8-90 §6, 1990; Ord. 14-13 §7, 2013)
17.28.170 - Nonliability of the Town.
The degree of flood protection provided by the terms of this Chapter is, after considering numerous relevant factors, considered reasonable for regulatory purposes. Floods of greater magnitude may occur
and flood heights may be increased as a result of natural or man-made causes. Further, provisions of this Chapter do not imply that areas outside the boundaries of areas of special flood hazard, or that land
uses permitted within the area of special flood hazard, are free from flooding or flood damage.
The grant of approval by the Town under the regulations as contained in this Chapter shall not constitute a representation, guarantee or warranty of any kind or nature by the Town, or by any officer, board
member or employee, of the practicability or safety of any structures, building or other proposed use; and shall create no liability upon or cause of action against such public body, officer, board member or
employee of the Town for any damages, from flood or otherwise, that may result from such use.
(Ord. 22-86 §1 Exhibit A (part), 1986)
17.28.180 - Incorporation by reference.
Rules and Regulations for Regulatory Floodplains in Colorado, adopted by the Department of Natural Resources Colorado Water Conservation Board, effective January 14, 2011, FEMA Regulations 44 C.F.R. §§ 59, 60, 65
and 70 (2010), EPA Regulations 40 C.F.R. § 302 (2010) and OSHA Regulations 29 C.F.R. § 1910 (2010) are incorporated herein by reference. In addition, the Colorado "Office of the State Engineer Rules and Regulations for
Dam Safety and Dam Construction Materials," set forth in 2 C.C.R. § 402-1 (2010), are incorporated herein by reference. The FEMA Guidelines and Specifications for Flood Mapping Partners (2009) are also incorporated
herein by reference. These regulations are hereby incorporated by reference by the Town and made a part of these regulations for regulatory floodplains within Town limits. Materials in these rules which are incorporated
by reference are those materials in existence as of the effective date of these rules and do not include later amendments to or editions of these materials. The material incorporated by reference is available for public
inspection during regular business hours at the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, CO 80517.
(Ord. 14-13 §8, 2013)
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P 303.866.3441 F 303.866.4474 www.cwcb.state.co.us
Jared Polis, Governor | Dan Gibbs, DNR Executive Director | Rebecca Mitchell, CWCB Director
February 12, 2019
The Honorable Todd A. Jirsa, Mayor
Town of Estes Park
170 Macgregor Avenue
P.O. Box 1200
Estes Park, CO 80517
Re: Community Assistance Visit
Dear Mr. Jirsa:
A Community Assistance Visit (CAV) was conducted on February 5, 2019 with Kelly Stallworth,
along with David Hook to discuss the Town’s participation in the National Flood Insurance
Program (NFIP).
The Colorado Water Conservation Board and/or the Department of Homeland Security (DHS)
Federal Emergency Management Agency (FEMA) conducts these visits to maintain periodic
contact with communities participating in the NFIP, to assess the effectiveness of a
community’s implementation of its floodplain management regulations, and to provide
technical assistance.
By participating in the NFIP your community has agreed to manage and reduce future flood
risk by adopting and enforcing floodplain management regulations that meet the minimum
program requirements. Doing this not only minimizes flood damages to structures but also
results in lower flood insurance rates.
The following is a summary of the topics discussed at the meeting, as well as program
deficiencies that were identified during the CAV:
1. Floodplain Management Regulations: The Town has adopted the Colorado Floodplain
Rules and Regulations. However, there were sections and definitions missing from the
Town’s Floodplain Ordinance that are required to be in compliance with NFIP and
State minimum standards. Attachment 1 outlines missing elements of the code. The
CWCB and FEMA recommend that the Town adopt the Colorado model Floodplain
Damage Prevention Ordinance to ensure all required language is incorporated. If the
Town elects to modify the existing floodplain ordinance, the required changes are
included within attachment 1. Please note that any changes to the floodplain
ordinance requires review and approval by the CWCB and FEMA first.
2. Administration and Permitting: A floodplain development permit form is essential to
creating a sound floodplain management program. Prior to the meeting, Town
floodplain development permit forms were reviewed but due to missing
documentation, it is being requested that the Town compiles complete permit
1313 Sherman Street, Room 718
Denver, CO 80203
28
2
packages for review. Once all permanent and temporary permit packages from 2013-
2019 are gathered, CWCB and FEMA staff will coordinate a second visit with the Town
to review the permit packages.
As the requested data is supplied and reviewed, additional documentation and actions
may be required.
Additional items that do not require follow-up information are as follows:
Recommend that any permits for work on lots touching the floodplain are
reviewed by the floodplain administrator to ensure floodplain compliance is
met before it is permitted. This will allow for a more thorough review of all
activities within the floodplain and help to streamline Substantial
Improvement/Substantial Damage determinations.
Recommend that the Town attorney work with the floodplain administrator to
create a disclosure agreement for residents developing in areas that will be in
the mapped regulatory floodplain in the future.
Recommend that outreach is done to educate the local surveyor and
engineering community on completing Elevation Certificates correctly, as many
errors were found during our first review.
When reviewing development in the floodway, in addition to requiring no-rise
certifications, engineers should provide the results and a summary of their
analysis.
3. Floodplain Mapping: There is an ongoing remapping effort of the Big Thompson
watershed through the Colorado Hazard Mapping Program (CHAMP), which is updating
flood risk information in Town. The State has been in communication with the Town in
regards to these efforts and has held several coordination meetings over the past
three years. Draft CHAMP data can be leveraged and used to determine existing
conditions for other projects. At this time, the Town should no longer be using
effective FEMA data to model existing conditions, as more accurate information is
available.
Please respond to the above issues in 30 days with the required documentation or a plan
explaining the community’s path to addressing the noted deficiencies.
Should you have any questions regarding the CAV or NFIP, please contact me at 303-
866-3441 ext. 3221 or stephanie.dibetitto@state.co.us.
Sincerely,
Stephanie DiBetitto, CFM Tom Birney
Community Assistance Program Coordinator National Flood Insurance Specialist
Colorado Water Conservation Board FEMA Region VIII, Mitigation Division
1313 Sherman St. DFC Bldg. 710A
Denver, CO 80203 Lakewood, CO 80225
303-866-3441 ext.3221 303-235-4730
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cc: Kelly Stallworth, Floodplain Administrator
cc: Frank Lancaster, Town Adminstraor
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ATTACHMENT 1:
Missing information from review of Chapter 17.28 – Floodplain Regulations of the Estes Park,
CO Municipal Code.
STATUTORY AUTHORIZATION (may be cited somewhere else in code)
The Legislature of the State of Colorado has, in Title 29, Article 20 of the Colorado Revised
Statutes, delegated the responsibility of local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the {community governing body} of {community name},
Colorado, does hereby adopt the following floodplain management regulations:
SEVERABILITY (may be cited somewhere else in code)
This ordinance and the various parts thereof are hereby declared to be severable. Should any
section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of the ordinance as a whole, or any portion thereof other than the
section so declared to be unconstitutional or invalid.
17.28.015 - Definitions. (Minimum required to be in compliance with FEMA & State Regs)
BASE FLOOD – The flood which has a one percent chance of being equaled or exceeded in any
given year (also known as a 100 -year flood). This term is used in the National Flood Insurance
Program (NFIP) to indicate the minimum level of flooding to be used by a community i n its
floodplain management regulations.
BASE FLOOD ELEVATION (BFE) - The elevation shown on a FEMA Flood Insurance Rate
Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30,
and VE that indicates the water surface elevation resulting from a flood that has a one percent
chance of equaling or exceeding that level in any given year.
DEVELOPMENT - Any man-made change in improved and 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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured
home park or subdivision for which the construction of facilities for servicing the lots on
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 before the effective date of the floodplain management regulations adopted
by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION-
The preparation of additional sites by the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
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FLOOD INSURANCE RATE MAP (FIRM) – An official map of a community, on which the
Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas
and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) - The official report provided by the Federal Emergency
Management Agency. The report contains the Flood Insurance Rate Map as well as flood profiles
for studied flooding sources that can be used to determine Base Flood Elevations for some
areas.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F) – FEMA’s modification of
the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based
on the placement of fill outside the existing regulatory floodway.
LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). Any
floor used for living purposes which includes working, storage, sleeping, cooking and eating, or
recreation or any combination thereof. This includes any floor that could be converted to such a
use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance
premium for a building, home or business. An unfinished or flood resistant enclosure, usable
solely for parking or 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 non-elevation design requirement of Section 60.3 of the
National Flood insurance Program regulations.
MANUFACTURED HOME - 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
connected to the required utilities. The term "manufactured home" does not include a "recreational
vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION – The construction of a new structure (including the placement of a
mobile home) or facility or the replacement of a structure or facility which has been totally destroyed.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park
or subdivision for which the construction of facilities for servicing the lots on 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 of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is:
1. Built on a single chassis;
2. 400 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 temporary living quarters
for recreational, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA – The land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.
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6
START OF CONSTRUCTION - The date the building permit was issued, including substantial
improvements, 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
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 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.
STRUCTURE - A walled and roofed building, including a gas or liquid storage tank, which
is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before-damaged condition would equal or exceed 50 percent of
the market value of the structure just prior to when the damage occurred.
SUBSTANTIAL IMPROVEMENT - 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 "Start of Construction" of the improvement. The value of the structure shall be
determined by the local jurisdiction having land use authority in the area of interest. This includes
structures which have incurred "Substantial Damage", regardless of the actual repair work
performed. The term 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 and which are the minimum necessary conditions or
2. Any alteration of a "historic structure” provided that the alteration will not preclude
the structure's continued designation as a "historic structure."
VIOLATION - The failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance
required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time
as that documentation is provided.
17.28.090 - STANDARDS FOR CRITICAL FACILITIES (add)
INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES
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7
New Critical Facilities shall, when practicable as determined by the {community
governing body}, have continuous non-inundated access (ingress and egress for
evacuation and emergency services) during a100-year flood event.
17.28.16 - APPEALS (missing language)
Variances 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 flood level, providing the relevant factors in Section C
of this Article have been fully considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance increases.
Any applicant to whom a variance is granted shall be given written notice that the structure
will be permitted to be built with the lowest floor elevation below the Base Flood Elevation,
and that the cost of flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
The structure or other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.
DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR (can add to
17.28.017)
Review Floodplain Development Permit applications to determine whether a proposed
building site, including the placement of manufactured homes, will be reasonably safe from
flooding.
For waterways with Base Flood Elevations for which a regulatory Floodway has not been
designated, no new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM,
unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one-half foot at any point within the
community.
GENERAL STANDARDS- add
All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage; All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
SPECIFIC STANDARDS- add
ENCLOSURES
New construction and substantial improvements, with 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.
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8
Designs for meeting this requirement must either be certified by a registered Colorado
Professional Engineer or architect or meet or exceed the following minimum criteria:
a. 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.
b. The bottom of all openings shall be no higher than one foot above
grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and exit of
floodwaters.
RECREATIONAL VEHICLES
All recreational vehicles placed on sites within Zones A1-30, AH, and AE on
the community's FIRM either:
a. Be on the site for fewer than 180 consecutive
days, b. Be fully licensed and ready for highway
use, or
c. Meet the permit requirements of Article 4, Section C, and the elevation and
anchoring requirements for "manufactured homes" in paragraph (4) of this section.
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.
Add to 17.28.105(h), take out last sentence
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Regulations, a community may permit encroachments within the adopted regulatory
floodway that would result in an increase in Base Flood Elevations, provided that the
community first applies for a CLOMR and floodway revision through FEMA.
Add to 17.28.130 (14)
Base Flood Elevation data shall be generated for subdivision proposals and other proposed
development including the placement of manufactured home parks and subdivisions which is greater
than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B
or Article 4, Section B of this ordinance.
PROPERTIES REMOVED FROM THE FLOODPLAIN BY FILL- add section
A Floodplain Development Permit shall not be issued for the construction of a new structure
or addition to an existing structure on a property removed from the floodplain by the issuance
of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or
addition complies with the following:
1. RESIDENTIAL CONSTRUCTION
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9
The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), must be elevated
to one foot above the Base Flood Elevation that existed prior to the placement of fill.
2. NONRESIDENTIAL CONSTRUCTION
The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), must be elevated
to
one foot above the Base Flood Elevation that existed prior to the placement of fill, or
together with attendant utility and sanitary facilities be designed so that the structure or
addition is watertight to at least one foot above the base flood level that existed prior to the
placement of fill with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
Remove 17.28.090(b)(2)
Agricultural uses cannot be exempt. This is technically a violation. Can allow wet floodproofing if
specific compliance requirements from FEMA Technical Bulletin 7 are adopted into code.
Alteration of a Watercourse add to 17.28.105
Include language on LOMR requirements when watercourse is altered.
Recommendations:
Take out last section (17.28.180)
Adopt State model ordinance with Estes specific provisions.
OPTIONAL
Could make 17.28.020(d) its own section:
ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and another ordinance, easement, covenant,
nor deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
36
DEPARTMENT OF NATURAL RESOURCES
COLORADO WATER CONSERVATION BOARD
COLORADO FLOODPLAIN DAMAGE
PREVENTION ORDINANCE
37
PREFACE
The purpose of this model ordinance is to assist local officials in adopting floodplain management
regulations that adhere to the minimum standards of both the National Flood Insurance Program
(NFIP) and the State of Colorado.
For a community to participate in the NFIP, it must adopt and enforce floodplain management
regulations that meet or exceed the minimum NFIP standards and requirements. These standards are
intended to prevent loss of life and property, as well as economic and social hardships that result
from flooding. In return for the local adoption and enforcement of floodplain management
regulations, the Federal Emergency Management Agency (FEMA) provides the availability of flood
insurance coverage within the community. The State of Colorado adopted higher standards for
floodplain management, which are outlined in the Rules and Regulations for Regulatory Floodplains
in Colorado (Rules), effective January 14, 2011. The Rules are the effective minimum standards for
the State of Colorado and communities have three years from January 14, 2011 t o adopt a local
ordinance consistent with the Rules. This model ordinance is adapted from the FEMA model ordinance
and incorporates the minimum standards of the State of Colorado contained in the Rules.
The Colorado Water Conservation Board supports the NFIP and serves as the state liaison with
FEMA to coordinate activities and provide support, technical assistance, training, and outreach to local
officials in the execution of their duties to identify, prevent, and resolve floodplain management issues.
Stephanie DiBetitto, NFIP Coordinator
Colorado Water Conservation Board
1313 Sherman Street, Room 721
Phone: (303) 866-3441 ext. 3221
stephanie.dibetitto@state.co.us
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FLOOD DAMAGE PREVENTION ORDINANCE
TABLE OF CONTENTS
ARTICLE I - TITLE AND PURPOSE ....................................................................................... 1
SECTION A. STATUTORY AUTHORIZATION ............................................................................................ 1
SECTION B. FINDINGS OF FACT .................................................................................................................. 1
SECTION C. STATEMENT OF PURPOSE ..................................................................................................... 1
SECTION D. METHODS OF REDUCING FLOOD LOSSES ......................................................................... 2
ARTICLE II - DEFINITIONS .................................................................................................... 3
ARTICLE III - GENERAL PROVISIONS.............................................................................. 10
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES............................................................... 10
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREA............................. 10
SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT ..................................... 10
SECTION D. COMPLIANCE.......................................................................................................................... 10
SECTION E. ABROGATION AND GREATER RESTRICTIONS ............................................................... 10
SECTION F. INTERPRETATION.................................................................................................................. 10
SECTION G. WARNING AND DISCLAIMER OF LIABILITY ................................................................... 11
SECTION H. SEVERABILITY ....................................................................................................................... 11
ARTICLE IV - ADMINISTRATION ....................................................................................... 12
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR .............................................. 12
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR ................... 12
SECTION C. PERMIT PROCEDURES .......................................................................................................... 13
SECTION D. VARIANCE PROCEDURES .................................................................................................... 14
SECTION E. PENALITIES FOR NONCOMPLIANCE ................................................................................. 15
ARTICLE V - PROVISIONS FOR FLOOD HAZARD REDUCTION................................ 17
SECTION A. GENERAL STANDARDS ........................................................................................................ 17
SECTION B. SPECIFIC STANDARDS.......................................................................................................... 17
SECTION C. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) ....................... 19
SECTION D. FLOODWAYS........................................................................................................................... 20
SECTION E. ALTERATION OF A WATERCOURSE.................................................................................. 21
SECTION F. PROPERTIES REMOVED FROM THE FLOODPLAIN BY FILL ......................................... 21
SECTION G. STANDARDS FOR SUBDIVISION PROPOSALS ................................................................. 22
SECTION H. STANDARDS FOR CRITICAL FACILITIES.......................................................................... 22
40
ARTICLE I - TITLE AND PURPOSE
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Colorado has, in Title 29, Article 20 of the Colorado Revised Statutes,
delegated the responsibility of local governmental units to adopt regulations designed to minimize
flood losses. Therefore, the {community governing body}Board of Trustees of {community name}the
Town of Estes Park, Colorado, does hereby adopt the following floodplain management regulations:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of {community name}the Town of Estes Park are subject to periodic
inundation, which can result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, and extraordinary public expenditures for flood protection and
relief, all of which adversely affect the health, safety and general welfare of the public.
(2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause
an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses
vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed
or otherwise protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed
to:
1. Protect human life and health;
2. Minimize expenditure of public money 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 critical facilities, infrastructure and other public facilities such as water,
sewer and gas mains; electric and communications stations; and streets and bridges located in
floodplains;
6. Help maintain a stable tax base by providing for the sound use and development of flood-
prone areas in such a manner as to minimize future flood blight areas; and
7. Insure that potential buyers are notified that property is located in a flood hazard area.
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SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or
cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers,
which are involved in the accommodation of flood waters;
4. Control filling, grading, dredging and other development which may increase flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
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ARTICLE II - DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to
give them the meaning they have in common usage and to give this ordinance its most reasonable
application.
100-YEAR FLOOD - A flood having a recurrence interval that has a one-percent chance of being
equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-
hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood."
The term does not imply that the flood will necessarily happen once every one hundred years.
100-YEAR FLOODPLAIN - The area of land susceptible to being inundated as a result of the
occurrence of a one-hundred-year flood.
500-YEAR FLOOD - A flood having a recurrence interval that has a 0.2-percent chance of being
equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not
imply that the flood will necessarily happen once every five hundred years.
500-YEAR FLOODPLAIN - The area of land susceptible to being inundated as a result of the
occurrence of a five-hundred-year flood.
ADDITION - Any activity that expands the enclosed footprint or increases the square footage of an
existing structure.
ALLUVIAL FAN FLOODING - A fan-shaped sediment deposit formed by a stream that flows
from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main
stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned
channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent
sheet flood, channel avulsions and other stream processes.
AREA OF SHALLOW FLOODING - A designated Zone AO or AH on a community's Flood
Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an
average depth of one to three feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
BASE FLOOD – The flood which has a one percent chance of being equaled or exceeded in any
given year (also known as a 100-year flood). This term is used in the National Flood Insurance
Program (NFIP) to indicate the minimum level of flooding to be used by a community in its
floodplain management regulations.
BASE FLOOD ELEVATION (BFE) - The elevation shown on a FEMA Flood Insurance Rate Map
for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE
that indicates the water surface elevation resulting from a flood that has a one percent chance of
equaling or exceeding that level in any given year. 43
BASEMENT - Any area of a building having its floor sub-grade (below ground level) on all sides.
CHANNEL - The physical confine of stream or waterway consisting of a bed and stream banks,
existing in a variety of geometries.
CHANNELIZATION - The artificial creation, enlargement or realignment of a stream channel.
CODE OF FEDERAL REGULATIONS (CFR) - The codification of the general and permanent
Rules published in the Federal Register by the executive departments and agencies of the Federal
Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.
COMMUNITY - Any political subdivision in the state of Colorado that has authority to adopt and
enforce floodplain management regulations through zoning, including, but not limited to, cities,
towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.
CONDITIONAL LETTER OF MAP REVISION (CLOMR) - FEMA's comment on a proposed
project, which does not revise an effective floodplain map, that would, upon construction, affect the
hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the
existing regulatory floodplain.
CRITICAL FACILITY – A structure or related infrastructure, but not the land on which it is
situated, as specified in Article 5, Section H, that if flooded may result in significant hazards to
public health and safety or interrupt essential services and operations for the community at any time
before, during and after a flood. See Article 5, Section H.
DEVELOPMENT - Any man-made change in improved and 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.
DFIRM DATABASE - Database (usually spreadsheets containing data and analyses that accompany
DFIRMs). The FEMA Mapping Specifications and Guidelines outline requirements for the
development and maintenance of DFIRM databases.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) - FEMA digital floodplain map. These
digital maps serve as “regulatory floodplain maps” for insurance and floodplain management
purposes.
ELEVATED BUILDING - A non-basement building (i) built, in the case of a building in
Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the
ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the
water and (ii) adequately anchored so as not to impair the structural integrity of the building during a
flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B,
C, X, and D, "elevated building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood
waters.
44
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home
park or subdivision for which the construction of facilities for servicing the lots on 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
before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION-
The preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
FEDERAL REGISTER - The official daily publication for Rules, proposed Rules, and notices of
Federal agencies and organizations, as well as executive orders and other presidential documents.
FEMA - Federal Emergency Management Agency, the agency responsible for administering the
National Flood Insurance Program.
FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of
normally dry land areas from:
1. The overflow of water from channels and reservoir spillways;
2. The unusual and rapid accumulation or runoff of surface waters from any source; or
3. Mudslides or mudflows that occur from excess surface water that is combined with mud or
other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas
(such as earth carried by a current of water and deposited along the path of the current).
FLOOD INSURANCE RATE MAP (FIRM) – An official map of a community, on which the
Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) - The official report provided by the Federal Emergency
Management Agency. The report contains the Flood Insurance Rate Map as well as flood profiles for
studied flooding sources that can be used to determine Base Flood Elevations for some areas.
FLOODPLAIN OR FLOOD-PRONE AREA - Any land area susceptible to being inundated as the
result of a flood, including the area of land over which floodwater would flow from the spillway of a
reservoir.
FLOODPLAIN ADMINISTRATOR - The community official designated by title to administer
and enforce the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT – A permit required before construction or
development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined
the SFHA within a community, the community shall require permits for all proposed
construction or other development in the community including the placement of manufactured
homes, so that it may determine whether such construction or other development is proposed
45
within flood-prone areas. Permits are required to ensure that proposed development projects
meet the requirements of the NFIP and this floodplain management ordinance.
FLOODPLAIN MANAGEMENT - The operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency preparedness
plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - Zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain ordinance,
grading ordinance and erosion control ordinance) and other applications of police power. The term
describes such state or local regulations, in any combination thereof, which provide standards for the
purpose of flood damage prevention and reduction.
FLOOD CONTROL STRUCTURE - A physical structure designed and built expressly or partially
for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These
specialized flood modifying works are those constructed in conformance with sound engineering
standards.
FLOODPROOFING - Any combination of structural and/or non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
FLOODWAY (REGULATORY FLOODWAY) - The channel of a river or other watercourse and
adjacent land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height. The Colorado statewide
standard for the designated height to be used for all newly studied reaches shall be one-half foot (six
inches). Letters of Map Revision to existing floodway delineations may continue to use the
floodway criteria in place at the time of the existing floodway delineation.
FREEBOARD - The vertical distance in feet above a predicted water surface elevation intended to
provide a margin of safety to compensate for unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood such as debris blockage of bridge openings
and the increased runoff due to urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily 46
determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior or;
b. Directly by the Secretary of the Interior in states without approved programs.
LETTER OF MAP REVISION (LOMR) - FEMA's official revision of an effective Flood
Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are
generally based on the implementation of physical measures that affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the modification of the existing regulatory
floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).
LETTER OF MAP REVISION BASED ON FILL (LOMR-F) – FEMA’s modification of the
Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the
placement of fill outside the existing regulatory floodway.
LEVEE – A man-made embankment, usually earthen, designed and constructed in accordance with
sound engineering practices to contain, control, or divert the flow of water so as to provide protection
from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing
flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.
LEVEE SYSTEM - A flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in accordance
with sound engineering practices.
LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). Any floor
used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation
or any combination thereof. This includes any floor that could be converted to such a use such as a
basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a
building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or
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 non-elevation design requirement of Section 60.3 of the National Flood
insurance Program regulations.
MANUFACTURED HOME - 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 connected to
the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - For purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations
shown on a community's Flood Insurance Rate Map are referenced.
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MATERIAL SAFETY DATA SHEET (MSDS) – A form with data regarding the properties of a
particular substance. An important component of product stewardship and workplace safety, it is
intended to provide workers and emergency personnel with procedures for handling or working with
that substance in a safe manner, and includes information such as physical data (melting point,
boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal,
protective equipment, and spill-handling procedures.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) – FEMA’s program of flood insurance
coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief
and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title
44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the
passage of the National Flood Insurance Act of 1968.
NEW CONSTRUCTION – The construction of a new structure (including the placement of a mobile
home) or facility or the replacement of a structure or facility which has been totally destroyed.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on 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 of floodplain management regulations adopted by a community.
NO-RISE CERTIFICATION – A record of the results of an engineering analysis conducted to
determine whether a project will increase flood heights in a floodway. A No-Rise Certification must
be supported by technical data and signed by a registered Colorado Professional Engineer. The
supporting technical data should be based on the standard step-backwater computer model used
to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood
Boundary and Floodway Map (FBFM).
PHYSICAL MAP REVISION (PMR) - FEMA’s action whereby one or more map panels are
physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or
floodway delineations, flood elevations, and/or planimetric features.
RECREATIONAL VEHICLE - means a vehicle which is:
1. Built on a single chassis;
2. 400 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 temporary living quarters for
recreational, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA – The land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.
START OF CONSTRUCTION - The date the building permit was issued, including substantial
improvements, 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
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include the installation of streets and/or walkways; nor does it include excavation for 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 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.
STRUCTURE - A walled and roofed building, including a gas or liquid storage tank, which is
principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure just prior to when the damage occurred.
SUBSTANTIAL IMPROVEMENT - 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 "Start of Construction" of the improvement. The value of the structure shall be
determined by the local jurisdiction having land use authority in the area of interest. This includes
structures which have incurred "Substantial Damage", regardless of the actual repair work performed.
The term 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 and which are the minimum necessary conditions or
2. Any alteration of a "historic structure” provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
THRESHOLD PLANNING QUANTITY (TPQ) – A quantity designated for each chemical on the
list of extremely hazardous substances that triggers notification by facilities to the State that such
facilities are subject to emergency planning requirements.
VARIANCE - A grant of relief to a person from the requirement of this ordinance when specific
enforcement would result in unnecessary hardship. A variance, therefore, permits construction or
development in a manner otherwise prohibited by this ordinance. (For full requirements see Section
60.6 of the National Flood Insurance Program regulations).
VIOLATION - The failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time
as that documentation is provided.
WATER SURFACE ELEVATION - The height, in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes
and frequencies in the floodplains of coastal or riverine areas.
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ARTICLE III - GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all Special Flood Hazard Areas and areas removed from the floodplain
by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) within the jurisdiction
of {community name}the Town of Estes Park, Colorado.
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREA
The Special Flood Hazard Areas identified by the Town of Estes Park Resolution. The Resolution
will be designated and approved by the Board of Trustees. Federal Emergency Management Agency
in a scientific and engineering report entitled, "The Flood Insurance Study for {community name},"
dated
{effective date of study}, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-
Floodway Maps (FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and
declared to be a part of this ordinance. These Special Flood Hazard Areas identified by the FIS and
attendant mapping are the minimum area of applicability of this ordinance and may be supplemented
by studies designated and approved by the {community governing body}. The Floodplain
Administrator shall keep a copy of the chronological Floodplain Information Flood Insurance Study
(FIS), DFIRMs, FIRMs and/or FBFMs on file and available for public
inspection.The Special Flood Hazard Areas identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Larimer
County, Colorado (FIS number 08069CV001D) dated February 6, 2013, with accompanying Flood
Insurance Maps and any revisions thereto are hereby adopted by reference and declared to be a part of
this ordinance. The Special Flood Hazard Areas identified by the FIS and attendant mapping are the
minimum area of applicability of this ordinance and may be supplemented by studies designated and
approved by the Board of Trustees. The Draft CHAMP data of xx-xx-19 is herin designated and
approved by the Board of Trustees as the Best Available Floodplain information. The
Floodplain Administrator shall keep a copy of the chronological Best Available Floodplain
Information on file and available for public inspection.
SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required to ensure conformance with the provisions of
this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed within the Special
Flood Hazard Area without full compliance with the terms of this ordinance and other applicable
regulations. Nothing herein shall prevent the {community governing body}the Board of Trustees
from taking such lawful action as is necessary to prevent or remedy any violation. These
regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board
and the National Flood Insurance Program.
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SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this ordinance and another ordinance, easement, covenant, nor
deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
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SECTION G. 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. On rare occasions greater floods
can and will occur and flood heights may be increased by man-made or natural causes.
This ordinance does not imply that land outside the Special Flood Hazard Area or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of the Community or any official or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decision lawfully made thereunder.
SECTION H. SEVERABILITY
This ordinance and the various parts thereof are hereby declared to be severable. Should any section
of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any portion thereof other than the section so
declared to be unconstitutional or invalid.
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ARTICLE IV - ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Town of Estes Park {community designated official} is hereby appointed as Floodplain
Administrator shallto administer, implement and enforce the provisions of this ordinance and other
appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to
floodplain management. Floodplain Administrator means the community official designated by the
Town Administrator to administer and enforce the floodplain management regulations.
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the
following:
1. Maintain and hold open for public inspection all records pertaining to the provisions of this
ordinance, including the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures and any floodproofing
certificate required by Article 4, Section C.
2. Review, approve, or deny all applications for Floodplain Development Permits required by
adoption of this ordinance.
3. Review Floodplain Development Permit applications to determine whether a proposed
building site, including the placement of manufactured homes, will be reasonably safe from
flooding.
4. Review permits for proposed development to assure that all necessary permits have been
obtained from those Federal, State or local governmental agencies (including Section 404 of
the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which
prior approval is required.
5. Inspect all development at appropriate times during the period of construction to ensure
compliance with all provisions of this ordinance, including proper elevation of the structure.
6. Where interpretation is needed as to the exact location of the boundaries of the Special Flood
Hazard Area (for example, where there appears to be a conflict between a mapped boundary
and actual field conditions) the Floodplain Administrator shall make the necessary
interpretation.
7. When Base Flood Elevation data has not been provided in accordance with Article 3, Section
B, the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood
Elevation data and Floodway data available from a Federal, State, or other source, in order to
administer the provisions of Article 5.
8. For waterways with Base Flood Elevations for which a regulatory Floodway has not been
designated, no new construction, substantial improvements, or other development (including
fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase the water surface elevation 53
of the base flood more than one-half foot at any point within the community.
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9. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Program regulations, a community may approve certain development in Zones A1-30, AE,
AH, on the community's FIRM which increases the water surface elevation of the base flood
by more than one-half foot, provided that the community first applies for a conditional FIRM
revision through FEMA (Conditional Letter of Map Revision), fulfills the requirements for
such revisions as established under the provisions of Section 65.12 and receives FEMA
approval.
10. Notify, in riverine situations, adjacent communities and the State Coordinating Agency,
which is the Colorado Water Conservation Board, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to FEMA.
11. Ensure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
SECTION C. PERMIT PROCEDURES
Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator
on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to
scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and
proposed structures, including the placement of manufactured homes, and the location of the
foregoing in relation to Special Flood Hazard Area. Additionally, the following information is
required:
1. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new
and substantially improved structures;
2. Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed;
3. A certificate from a registered Colorado Professional Engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5,
Section B(2);
4. Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development.
5. Maintain a record of all such information in accordance with Article 4, Section B.
Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be
based on all of the provisions of this ordinance and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
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4. The compatibility of the proposed use with existing and anticipated development;
5. The safety of access to the property in times of flood for ordinary and emergency vehicles;
6. The costs of providing governmental services during and after flood conditions including
maintenance and repair of streets and bridges, and public utilities and facilities such as sewer,
gas, electrical and water systems;
7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
10. The relationship of the proposed use to the comprehensive plan for that area.
SECTION D. VARIANCE PROCEDURES
1. The Appeal BoardBoard of Adjustment, as established by the Community, shall hear
and render judgment on requests for variances from the requirements of this ordinance.
2. The Board of AdjustmentAppeal Board shall hear and render judgment on an appeal only
when 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.
3. Any person or persons aggrieved by the decision of the Board of Adjustment Appeal
Board may appeal such decision in the courts of competent jurisdiction.
4. The Floodplain Administrator shall maintain a record of all actions involving an appeal and
shall report variances to the Federal Emergency Management Agency upon request.
5. 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 ordinance.
6. Variances 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 flood level, providing the relevant factors in Section C
of this Article have been fully considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance increases.
7. Upon consideration of the factors noted above and the intent of this ordinance, the Board
of AdjustmentAppeal Board may attach such conditions to the granting of variances as it
deems necessary to further the purpose and objectives of this ordinance as stated in
Article 1, Section C.
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8. Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
9. Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
10. Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon:
i. Showing a good and sufficient cause;
ii. A determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
iii. 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. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation below the Base
Flood Elevation, and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
11. Variances may be issued by a community for new construction and substantial improvements
and for other development necessary for the conduct of a Functionally Dependent Use
provided that:
a. The criteria outlined in Article 4, Section D (1)-(9) are met, and
b. The structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
SECTION E. PENALTIITIES FOR NONCOMPLIANCE
The following is suggested wording for a penalty clause to be included and adopted with your Flood
Damage Prevention Ordinance. Wording should be modified as necessary to reflect specific
local/state statutory provisions.
Refer to the existing ordinance penalties section xxx-xxx. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full compliance with the terms of this
ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to
comply with any of its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor.
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Any person who violates this ordinance or fails to comply with any of its requirements shall upon
conviction thereof be fined or imprisoned as provided by the laws of {community name}. Nothing
herein contained shall prevent the {community name} from taking such other lawful action as is
necessary to prevent or remedy any violation.
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ARTICLE V - PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all Special Flood Hazard Areas the following provisions are required for all new construction and
substantial improvements:
1. All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
4. All new construction or substantial improvements shall 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
the components during conditions of flooding;
5. All manufactured homes shall be installed using methods and practices which minimize flood
damage. For the purposes of this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may
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.
6. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and discharge from the systems into flood waters;
and,
8. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all Special Flood Hazard Areas where base flood elevation data has been provided as set
forth in (i) Article 3, Section B, (ii) Article 4, Section B(7), or (iii) Article 5, Section G, the following
provisions are required:
1. RESIDENTIAL CONSTRUCTION
New construction and Substantial Improvement of any residential structure shall have the
lowest floor (including basement), electrical, heating, ventilation, plumbing, and air
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conditioning equipment and other service facilities (including ductwork), elevated to one
foot above the base flood elevation. Upon completion of the structure, the elevation of the
lowest floor, including basement, shall be certified by a registered Colorado Professional
Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain
Administrator.
2. NONRESIDENTIAL CONSTRUCTION
With the exception of Critical Facilities, outlined in Article 5, Section H, new construction
and Substantial Improvements of any commercial, industrial, or other nonresidential structure
shall either have the lowest floor (including basement), electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities (including ductwork),
elevated to one foot above the base flood elevation or, together with attendant utility and
sanitary facilities, be designed so that at one foot above the base flood elevation 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.
A registered Colorado Professional Engineer or architect shall develop and/or review
structural 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 as
outlined in this subsection. Such certification shall be maintained by the Floodplain
Administrator, as proposed in Article 4, Section C.
3. ENCLOSURES
New construction and substantial improvements, with 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 for meeting this requirement must either be certified by a registered Colorado
Professional Engineer or architect or meet or exceed the following minimum criteria:
a. 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.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
4. MANUFACTURED HOMES
All manufactured homes that are placed or substantially improved within Zones A1-30, AH,
and AE on the community's FIRM on sites (i) outside of a manufactured home park or
subdivision, (ii) in a new manufactured home park or 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 manufactured home has incurred "substantial damage" as a
result of a flood, be elevated on a permanent foundation such that the lowest floor of the
manufactured home, electrical, heating, ventilation, plumbing, and air conditioning
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equipment and other service facilities (including ductwork), are elevated to one foot above
the base flood elevation and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
All manufactured homes placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones A1-30, AH and AE on the community's
FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that
either:
a. The lowest floor of the manufactured home, electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities (including ductwork), are
one foot above the base flood elevation, or
b. 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 be securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
5. RECREATIONAL VEHICLES
All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the
community's FIRM either:
a. Be on the site for fewer than 180 consecutive days,
b. Be fully licensed and ready for highway use, or
c. Meet the permit requirements of Article 4, Section C, and the elevation and anchoring
requirements for "manufactured homes" in paragraph (4) of this section.
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.
6. PRIOR APPROVED ACTIVITIES (OPTIONAL)
Any activity for which a Floodplain Development Permit was issued by {community
name}the Town of Estes Park or a CLOMR was issued by FEMA prior to the
effective date of the ordinance {date of ordinance} may be completed according to
the standards in place at the time of the permit or CLOMR issuance and will not be
considered in violation of this ordinance if it meets such standards.
SECTION C. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the Special Flood Hazard Area established in Article 3, Section B, are areas
designated as shallow flooding. These areas have special flood hazards associated with base flood
depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow; therefore, the following provisions apply:
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1. RESIDENTIAL CONSTRUCTION
All new construction and Substantial Improvements of residential structures must have the
lowest floor (including basement), electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), elevated above the
highest adjacent grade at least one foot above the depth number specified in feet on the
community's FIRM (at least three feet if no depth number is specified). Upon completion of
the structure, the elevation of the lowest floor, including basement, shall be certified by a
registered Colorado Professional Engineer, architect, or land surveyor. Such certification
shall be submitted to the Floodplain Administrator.
2. NONRESIDENTIAL CONSTRUCTION
With the exception of Critical Facilities, outlined in Article 5, Section H, all new
construction and Substantial Improvements of non-residential structures, must have the
lowest floor (including basement), electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), elevated above the
highest adjacent grade at least one foot above the depth number specified in feet on the
community's FIRM (at least three feet if no depth number is specified), or together with
attendant utility and sanitary facilities, be designed so that the structure is watertight to at
least one foot above the base flood level with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads of effects of buoyancy. A registered Colorado Professional Engineer or
architect shall submit a certification to the Floodplain Administrator that the standards of this
Section, as proposed in Article 4, Section C, are satisfied.
Within Zones AH or AO, adequate drainage paths around structures on slopes are required to
guide flood waters around and away from proposed structures.
SECTION D. FLOODWAYS
Floodways are administrative limits and tools used to regulate existing and future floodplain
development. The State of Colorado has adopted Floodway standards that are more stringent than the
FEMA minimum standard (see definition of Floodway in Article 2). Located within Special Flood
Hazard Area established in Article 3, Section B, 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 shall apply:
1. Encroachments are prohibited, 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 by a licensed Colorado Professional
Engineer and in accordance with standard engineering practice that the proposed
encroachment would not result in any increase (requires a No-Rise Certification) in flood
levels within the community during the occurrence of the base flood discharge.
2. If Article 5, Section D (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article
5.
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3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Regulations, a community may permit encroachments within the adopted regulatory
floodway that would result in an increase in Base Flood Elevations, provided that the
community first applies for a CLOMR and floodway revision through FEMA.
SECTION E. ALTERATION OF A WATERCOURSE
For all proposed developments that alter a watercourse within a Special Flood Hazard Area, the
following standards apply:
1. Channelization and flow diversion projects shall appropriately consider issues of sediment
transport, erosion, deposition, and channel migration and properly mitigate potential
problems through the project as well as upstream and downstream of any improvement
activity. A detailed analysis of sediment transport and overall channel stability should be
considered, when appropriate, to assist in determining the most appropriate design.
2. Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.
3. Any channelization or other stream alteration activity proposed by a project proponent must
be evaluated for its impact on the regulatory floodplain and be in compliance with all
applicable Federal, State and local floodplain rules, regulations and ordinances.
4. Any stream alteration activity shall be designed and sealed by a registered Colorado
Professional Engineer or Certified Professional Hydrologist.
5. All activities within the regulatory floodplain shall meet all applicable Federal, State and
{community name}Town of Estes Park floodplain requirements and regulations.
6. Within the Regulatory Floodway, stream alteration activities shall not be constructed unless
the project proponent demonstrates through a Floodway analysis and report, sealed by a
registered Colorado Professional Engineer, that there is not more than a 0.00-foot rise in the
proposed conditions compared to existing conditions Floodway resulting from the project,
otherwise known as a No-Rise Certification, unless the community first applies for a
CLOMR and Floodway revision in accordance with Section D of this Article.
7. Maintenance shall be required for any altered or relocated portions of watercourses so
that the flood-carrying capacity is not diminished.
SECTION F. PROPERTIES REMOVED FROM THE FLOODPLAIN BY FILL
A Floodplain Development Permit shall not be issued for the construction of a new structure or
addition to an existing structure on a property removed from the floodplain by the issuance of a
FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or addition
complies with the following:
1. RESIDENTIAL CONSTRUCTION
The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), must be elevated to
one foot above the Base Flood Elevation that existed prior to the placement of fill.
2. NONRESIDENTIAL CONSTRUCTION
The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), must be elevated to
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one foot above the Base Flood Elevation that existed prior to the placement of fill, or together
with attendant utility and sanitary facilities be designed so that the structure or addition is
watertight to at least one foot above the base flood level that existed prior to the placement of
fill with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads of
effects of buoyancy.
SECTION G. STANDARDS FOR SUBDIVISION PROPOSALS
1. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be reasonably safe from flooding. If a subdivision or other development
proposal is in a flood-prone area, the proposal shall minimize flood damage.
2. All proposals for the development of subdivisions including the placement of manufactured
home parks and subdivisions shall meet Floodplain Development Permit requirements of
Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance.
3. Base Flood Elevation data shall be generated for subdivision proposals and other proposed
development including the placement of manufactured home parks and subdivisions which is
greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to
Article 3, Section B or Article 4, Section B of this ordinance.
4. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
5. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
SECTION H. STANDARDS FOR CRITICAL FACILITIES
A Critical Facility is a structure or related infrastructure, but not the land on which it is situated, as
specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if
flooded may result in significant hazards to public health and safety or interrupt essential services
and operations for the community at any time before, during and after a flood.
1. CLASSIFICATION OF CRITICAL FACITILIES
It is the responsibility of the {community governing body}Board of Trustees to
identify and confirm that specific structures in their community meet the following
criteria:
Critical Facilities are classified under the following categories: (a) Essential Services; (b)
Hazardous Materials; (c) At-risk Populations; and (d) Vital to Restoring Normal Services.
a. Essential services facilities include public safety, emergency response, emergency
medical, designated emergency shelters, communications, public utility plant
facilities, and transportation lifelines.
These facilities consist of:
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i. Public safety (police stations, fire and rescue stations, emergency vehicle and
equipment storage, and, emergency operation centers);
ii. Emergency medical (hospitals, ambulance service centers, urgent care centers
having emergency treatment functions, and non-ambulatory surgical
structures but excluding clinics, doctors offices, and non-urgent care medical
structures that do not provide these functions);
iii. Designated emergency shelters;
iv. Communications (main hubs for telephone, broadcasting equipment for cable
systems, satellite dish systems, cellular systems, television, radio, and other
emergency warning systems, but excluding towers, poles, lines, cables, and
conduits);
v. Public utility plant facilities for generation and distribution ( hubs, treatment
plants, substations and pumping stations for water, power and gas, but not
including towers, poles, power lines, buried pipelines, transmission lines,
distribution lines, and service lines); and
vi. Air Transportation lifelines (airports (municipal and larger), helicopter pads
and structures serving emergency functions, and associated infrastructure
(aviation control towers, air traffic control centers, and emergency equipment
aircraft hangars).
Specific exemptions to this category include wastewater treatment plants (WWTP),
non-potable water treatment and distribution systems, and hydroelectric power
generating plants and related appurtenances.
Public utility plant facilities may be exempted if it can be demonstrated to the
satisfaction of the {community governing body}Board of Trustees that the facility is
an element of a redundant system for which service will not be interrupted during a
flood. At a minimum, it shall be demonstrated that redundant facilities are available
(either owned by the same utility or available through an intergovernmental
agreement or other contract) and connected, the alternative facilities are either
located outside of the 100-year floodplain or are compliant with the provisions of
this Article, and an operations plan is in effect that states how redundant systems
will provide service to the affected area in the event of a flood. Evidence of ongoing
redundancy shall be provided to the {community governing body}Board of Trustees
on an as-needed basis upon request.
b. Hazardous materials facilities include facilities that produce or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials.
These facilities may include:
i. Chemical and pharmaceutical plants (chemical plant, pharmaceutical
manufacturing);
ii. Laboratories containing highly volatile, flammable, explosive, toxic and/or
water-reactive materials;
iii. Refineries;
iv. Hazardous waste storage and disposal sites; and
v. Above ground gasoline or propane storage or sales centers.
Facilities shall be determined to be Critical Facilities if they produce or store
materials in excess of threshold limits. If the owner of a facility is required by the
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Occupational Safety and Health Administration (OSHA) to keep a Material Safety
Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND
the chemical(s) is stored in quantities equal to or greater than the Threshold Planning
Quantity (TPQ) for that chemical, then that facility shall be considered to be a
Critical Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed
(whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also
known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other
chemical. This threshold is consistent with the requirements for reportable chemicals
established by the Colorado Department of Health and Environment. OSHA
requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental
Protection Agency (EPA) regulation “Designation, Reportable Quantities, and
Notification,” 40 C.F.R. § 302 (2010) and OSHA regulation “Occupational Safety
and Health Standards,” 29 C.F.R. § 1910 (2010) are incorporated herein by reference
and include the regulations in existence at the time of the promulgation this
ordinance, but exclude later amendments to or editions of the regulations
Specific exemptions to this category include:
i. Finished consumer products within retail centers and households containing
hazardous materials intended for household use, and agricultural products
intended for agricultural use.
ii. Buildings and other structures containing hazardous materials for which it
can be demonstrated to the satisfaction of the local authority having
jurisdiction by hazard assessment and certification by a qualified professional
(as determined by the local jurisdiction having land use authority) that a
release of the subject hazardous material does not pose a major threat to the
public.
iii. Pharmaceutical sales, use, storage, and distribution centers that do not
manufacture pharmaceutical products.
These exemptions shall not apply to buildings or other structures that also function as
Critical Facilities under another category outlined in this Article.
c. At-risk population facilities include medical care, congregate care, and schools.
These facilities consist of:
i. Elder care ( nursing homes);
ii. Congregate care serving 12 or more individuals ( day care and assisted
living);
iii. Public and private schools (pre-schools, K-12 schools), before-school and
after-school care serving 12 or more children);
d. Facilities vital to restoring normal services including government operations.
These facilities consist of:
i. Essential government operations (public records, courts, jails, building
permitting and inspection services, community administration and
management, maintenance and equipment centers);
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ii. Essential structures for public colleges and universities (dormitories, offices,
and classrooms only).
These facilities may be exempted if it is demonstrated to the {community governing
body}Board of Trustees that the facility is an element of a redundant system for
which service will not be interrupted during a flood. At a minimum, it shall be
demonstrated that redundant facilities are available (either owned by the same entity
or available through an intergovernmental agreement or other contract), the
alternative facilities are either located outside of the 100-year floodplain or are
compliant with this ordinance, and an operations plan is in effect that states how
redundant facilities will provide service to the affected area in the event of a flood.
Evidence of ongoing redundancy shall be provided to the {community governing
body}Board of Trustees on an as-needed basis upon request.
2. PROTECTION FOR CRITICAL FACILITIES
All new and substantially improved Critical Facilities and new additions to Critical Facilities
located within the Special Flood Hazard Area shall be regulated to a higher standard than
structures not determined to be Critical Facilities. For the purposes of this ordinance,
protection shall include one of the following:
a. Location outside the Special Flood Hazard Area; or
b. Elevation of the lowest floor or floodproofing of the structure, together with attendant
utility and sanitary facilities, to at least two feet above the Base Flood Elevation.
3. INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES
New Critical Facilities shall, when practicable as determined by the {community governing
body}Board of Trustees, have continuous non-inundated access (ingress and egress for
evacuation and emergency services) during a100-year flood event.
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CERTIFICATION
It is hereby found and declared by
(community name)
that flooding has occurred in the past within its jurisdiction and will certainly occur within the future;
that flooding is likely to result in infliction of serious personal injury or death, and is likely to result
in substantial injury or destruction of property within its jurisdiction; in order to effectively comply
with minimum standards for coverage under the National Flood Insurance Program; and in order to
effectively remedy the situation described herein, it is necessary that this ordinance become effective
immediately.
Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the
immediate preservation of the public peace, health and safety, shall be in full force and effect from
and after its passage and approval.
APPROVED;
(community official)
PASSED:
(date)
I, the undersigned, , do hereby certify that the above is a
true and correct copy of an ordinance duly adopted by the
(community name)
at a regular meeting duly convened on _.
(date)
(Secretary or responsible person)
(SEAL)
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July 9, 2019
• Fund Balance Policy
• Discussion of Recreational Uses
Currently in Residential Zoning
Districts.
September 10, 2019
• Downtown Estes Loop Quarterly
Update
Items Approved – Unscheduled:
• Estes Park Housing Authority
Project on Highway 7 – Part II
• Discussion with Town Prosecutor
and Municipal Judge
• Future of Human Resources
Management – HR Strategic Plan
• Distributed Energy Discussion
• ADUs and Sue Ballou
Items for Town Board Consideration:
None
Future Town Board Study Session Agenda Items
June 25, 2019
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