HomeMy WebLinkAboutORDINANCE 01-79ORDINANCE NO.1 —79
AN ORDINANCE AMENDING SECTION 16.16 OF THE MUNICIPAL CODE OF THE
TOWN OF ESTES PARK,COLORADO,THE SAME RELATING TO SUBDIVISION
DESIGN STANDARDS TO MINIMIZE FLOOD DAMAGE AND AMENDING TITLE
17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,
ADDING CHAPTER 17.51,THE SANE RELATING TO FLOOD PLAIN REGULATIONS.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLOPADO:
Section 1.That Section 16.16 of the Municipal
Code of the Town of Estes Park,Colorado is amended by adding
thereto a new Section 16.16.200,as follows:
16.16.200 Flood Protection.The following design standards
shall apply to all subdivision and annexation proposals made
after January 9,1979,for areas located within the area of
special flood hazard:
1.All such subdivisions and annexation proposals shall
include base flood elevation flood data.
2.All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of
flood water into the system.
3.All new and replacement sanitary sewer systems shall be
designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the
systems into floodwaters.
4.All such subdivisions shall have public utilities and
facilities such as sewer,gas,electrical and water
systems located and constructed to minimize flood damage.
5.All such subdivisions shall have adequate drainage
provided to reduce exposure to flood damage.
6.The definitions contained in Section 17.51.020 shall
apply to this Section.
Section 2.That Title 17 of the Municipal Code of the
Town of Estes Park,Colorado is amended by adding thereto a new
Chapter 17.51,as follows:
17.51.010 Purpose.It is the overall purpose and intent
of this Chapter to promote the health,safety and general welfare
and 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
fl’Q
insure that potential buyers or builders are aware that certain
properties are in areas with special flood hazards.
17.51.020 Definitions.The following definitions shall
apply in the interpretation of this Chapter and to Section
16.16.200:
1.Area of Special Flood Hazard means that land in the
flood plain within Estes Park subject to a one percent
or greater chance of flooding in any given year.The
area of Special Flood Hazard includes those areas
designated as the Floodway and Flood Fringe.
2.Area of Shallow Flooding (AD Zone)means an area located
within the area of Special Flood Hazard 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 indeterminate.
3.Base Flood means the 100 year return frequency flood,
or the flood having a one percent chance of being
equalled or exceeded in a given year.
4.Channel means a natural or artificial watercourse or
drainway of perceptible extent with definite bed and
banks to confine and conduct continuously or period
ically flowing water.
5.Development means any man—made change to improved or
unimproved real estate,including but not limited to,
buildings or other structures,mining,dredging,
filling,grading,paving,excavation or drilling
operations.
6.Drainway means a natural or artificial land surface de
pression with or without perceptively defined beds and
banks to which surface runoff gravitates and collectively
forms a flow of water continuously or intermittently in
a definite direction.
7.Existing Mobile Home Park and Existing Mobile Home
Subdivision means a parcel or contiguous parcels,
of land divided into two or more mobile home lots for
rent or sale for which the construction of facilities
for servicing the lots on which the mobile homes are
to be placed,including,at a minimum,site grading
or the pouring of concrete pads,and the construction
of streets,was completed before January 9,1979.
8.Expansion of an Existing Mobile Home Park and Expansion
of an Existing Mobile Home Subdivision means the
preparation of additional sites by the construction of
facilities for servicing the lots on which the mobile
homes are to be placed,including the installation of
utilities,either final site grading or pouring of
concrete,or the construction of streets.
9.Fill means a deposit of materials of any kind placed by
artificial means.
10.Flood means a rise in stream flow above the normal which
results in water flowing or standing beyond the banks
of the channel.
—2—
11.Flood Insurance Rate Map (FIRM)means the official map
on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
12.Flood Insurance Study means the official report provided
by the Federal Insurance Administration that includes
flood profiles,the Flood Boundary -Floodway Map,and
the water surface elevation of the base flood.
13.Flood Fringe means that portion of the flood plain in
undated by the 100 year return frequency flood not within
the floodway.
14.Flood Plain means the land adjacent to a body of water
which has been or may hereafter be covered by floodwater.
15.Flood Profile means a graph or longitudinal profile
showing the relationship of the water surface elevation
of a flood event to location along a stream or river.
16.Floodproofing means combinations of structural provisions,
changes,or adjustments to a structure resulting in a
structure that 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.
17.Floodway means the channel of a river or other water
course and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
18.Lowest Floor means the lowest horizontal surface within
a strdcture,including basement.
19.Mobile Home means a structure,transportable in one or
more sections,which is built on a permanent chassis
and is designed to be used with or without a permanent
foundation when connected to the required facilities,
not including recreational vehicles or travel trailers.
20.New Mobile Home Park or Subdivision means a parcel or
contiguous parcels of land divided into two or more
mobile home lots for rent or for sale for which the
construction of facilities for servicing the lot in
cluding,at a minimum,the installation of utilities,
either final site grading or the pouring of concrete
pads and the construction of streets is begun on or
after January 9,1979.
21.Obstruction means any dam,wall,wharf,embankment,
levee,dike,pile abutment,projection,excavation,
channel rectification,bridge conduit,culvert,building,
fence,rock,gravel,refuse,fill,structure or matter
in,along,across,or projecting into any channel,
watercourse,or regulatory flood hazard area which may
impede,retard or change the direction of water flow,
either in itself or by catching or collecting debris
carried by such water,or that is placed where the
flow of water might carry the same downstream to
the damage of life and property elsewhere.
22.Official Flood Plain Map means the map adopted by
ordinance of the Town of Estes Park,Colorado,as the
Official Flood Plain Map,or as the same is amended.
23.Regulatory Flood Datum means the reference elevation above
mean sea level which represents the peak elevation of
the 100 year return -frequency flood.
24.Regulatory Flood Protection Elevation means the elevation
one foot above the regulatory flood datum.
—3—
25.Structure,anything to the contrary contained in
17.08.191 not withstanding,means a walled and roofed
building,a mobile home,or a gas or liquid storage
tank,that is principally above ground.
26.Substantial Improvement means all repairs,reconstruction,
and improvement of a structure,the total cumulative
costs of which repairs,reconstruction and improvement
made after January 9,1979,exceeds 50 percent of the
market value of the structures either before the
improvement or repair is begun,or,if the structure
has been damaged and is being reconstructed,before
the same occured.Substantial improvement does not
include any improvement of a structure to comply with
existing State or local health,sanitary or safety
code specifications which are necessary to assure safe
human occupancy conditions,or any repairs,recon
struction or improvement of a structure listed on the
National Register of Historic Places or a State
Inventory of Historic Places
27.Underlying Zoning District means the zoning districts
set forth in Chapter 17.16 through 17.50 of this Code
which divide the Town of Estes Park into zoning
districts,which chapters shall apply to the use of
land and building in addition to the provisions of
this Chapter.
17.51.030 Establishment of Districts.There are hereby
created and established in the Town of Estes Park,Colorado
the following special zoning districts:
FW Floodway District
FF Flood Fringe District
The Floodway and Flood Fringe Districts shall be special
zoning districts which overlay the underlying zoning districts
on property designated to be within the Flood Plain 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 flood plain
zoning maps of the Town of Estes Park.
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
the Municipal Code,the more restrictive provisions shall apply.
17.51.040 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 or more of the
following uses:
1.Agricultural uses including general farming,
—4—
c’
grazing of horses and livestock,forestry,sod farming,
crop harvesting,raising of plants and flowers,and
open air nurseries.
2.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.
3.Wildlife and nature preserves,game farms and fish
hatcheries.
4.Uses permitted by special review:Outdoor amusements
of a temporary,transient nature as defined in Chapters
17.32 and 17.36,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.
17.51.050 FW Floodway District:Conditions.The permitted uses
set forth in Section 17.51.040 are subject to the following conditions:
1.No use is permitted which is not also permitted in the
underlying zoning district.
2.No use shall limit or restrict or create an obstruction
of the flow capacity of the floodway or channel or a
main stream or a tributary to a main stream.
3.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.
4.Any proposed well,solid waste disposal site or sewage
disposal system shall be protected from inundation by
flood water.
5.No use shall increase flood heights during the base
flood discharge.
6.No new mobile homes or mobile home park or mobile home
subdivisions shall be permitted.
7.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
—5—
the floodway or increases flood heights.
8.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.
9.For a use permitted by special review,no storage of
movable objects shall be permitted.
17.51.060 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 or more
of the following uses:
1.All uses permitted without special review in the under
lying zoning district,except outside storage.
2.Uses permitted by Special Review:All uses permitted
by special review in the underlying zoning district.
17.51.070 FF Flood Fringe -Conditions.The permitted uses
set forth in Section 17.51.060 are subject to the following
conditions:
1.All structures shall be placed on fill so that the
lowest floor of each structure is at or above the
regulatory flood protection elevation.
Non—residential structures may be permitted without
being placed on fill provided such structures comply
with the floodproofing requirements of this Chapter.
2.No fill nor deposit of materials shall be permitted
if such is found to reduce the storage or flow capacity
of a drainway.
3.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 flood
waters from such channel
—6—
0
4.Fill or deposit of materials shall be permitted
oniy to the extent required for placement of
structures and their accessory uses,except such
stockpiling and storage as may be permitted by
special review.
5.All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration
of flood waters into the systems.
6.All new and replacement sanitary sewer systems
shall be designed to minimize or eliminate in
filtration of flood waters into the systems and
discharge from the systems into flood waters,and
on-site waste disposal system shall be located
so as to avoid impairment to them or contamination
from them during flooding.
7.In any area designated AO Zone on the official
Flood Plain Map,the provisions of Section 17.
51.150 shall apply.
8.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.
17.51.080 Special Review Applications.All applications
for uses permitted by special review FW Floodway and FF Flood
Fringe Districts shall be submitted in accordance with with the
requirements of Chapter 17.56 of the Municipal Code,and in
addition thereto,shall contain the following information
unless it is determined by the administrator that sufficient
information is available to the Town:
1.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.
2.Location and dimensions of all proposed structures.
—7—
3.The amount of fill to be used,if any.
4.A description and specifications of all floodproofing
measures
5.The relationship of the use or structures to the
location of the channel,floodway and flood pro
tection devices.
6.The flood protection elevation.
7.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 high
water information.
8.Surface view plans showing elevations or contours
of the ground,pertinent structures,fill,or
storage elevations.
9.Location and elevations of streets,water supply,
and sanitary facilities.
10.A profile showing the slope of the bottom of the
channel or flow line of the stream.
11.Specifications for building construction and materials,
floodprobfing,filling,dredging,grading,channel
improvements,storage of materials,water supply,
and sanitary facilities.
17.51.090 Special Review Considerations.The following
considerations are to be made by the Planning Commission and
Town Board when reviewing special review applications for areas
located in the FW Floodway and FFFlood Fringe Districts:
1.The danger to life and to property upstream and down
stream within the floodplain due to the increased
flood heights or velocities caused by the proposed use.
2.The danger to life and property due to materials
being swept away onto other lands or downstream in
the event of a flood.
3.Whether the proposed water supply and sanitation systems
—8—
are sufficient to prevent disease,contamination
and unsanitary conditions in the event of a flood.
4.The safety of access to the property in times of flood.
5.The expected heights,velocity,duration,rate of the
rise,and sediment transport of flood waters at the
proposed property and their effect on the proposed use.
6.The recommendations of the Town Engineer and the
Administrator.
17.51.100 Flood Plain Development Permit Required.
A Flood Plain Development Permit shall be obtained before
construction or improvement begins within any area of special
flood hazard.
17.51.110.Flood Plain Development Permit-Application.
Applications for special flood plain development permits shall
be accompanied by surveys,plot plans,drawings,plans and other
information necessary to show compliance of the proposed con
struction with the provisions of this Chapter.Said application
shall include the following,to be prepared by a registered
professional engineer and licensed land surveyor,as appropriate,
unless the administrator determines that sufficient information
is available to the Town to allow consideration of the proposed
construction:
1.Two sets of plans drawn to scale showing the nature,
location,dimensions,and elevation of the lot,
existing or proposed structures,fill storage of
materials,floodproofing measures,and the relation
ship of the above to the location of the channel,
floodway,and the regulatory flood protection elevation.
2.A typical valley cross—section showing the channel
of the stream,elevation of land areas adjoining each
side of the channel,cross-sectional areas to be
occupied by the proposed development,and highwater
information.
3.Plans (surface view)showing elevations or contours
—9—
of the ground;pertinent structures,fill,or storage
elevations;size,location,and spatial arrangement
of all proposed and existing structures on the site;
location and elevations of streets,water supply,
sanitary facilities;photographs showing existing
land uses and vegetation upstream and downstream,
soil types,and other pertinent information.
4.A profile showing the slope of the bottom of the
channel or flow line of the stream.
5.Specifications for building construction and materials,
floodproofing,filling,dredging,grading,channel
improvements,storage of materials,water supply,and
sanitary facilities.
6.All required State and Federal permits shall be
obtained by the builder prior to issuance of a building
permit and copies of all permits shall be filed with the
application.
7.As built lowest floor elevations or floodproofing
elevation shall be provided to the Building Official
prior to the occupancy of a structure in the FF or
FW Zoning Districts.
17.51.120 Design Standards -Area of Special Flood Hazard
All new construction and substantial improvements,including
the placement of prefabricated buildings and mobile homes,if
an expansion of an existing mobile home park or subdivision,
which are allowed in areas of special flood hazard,shall meet
the following requirements:
1.Be designed or modified and adequately anchored to
prevent flotation,collapse,and lateral movement of
the structure.
2.Be constructed with materials and utility equipment
resistant to flood damage.
3.Be constructed by methods and practices that comply
with the floodproofing measures set forth in this
chapter.
—10—
17.51.130 Design Standards -FW Floodway District.All
uses permitted in the FW Floodway District shall comply with the
following design standard:
1.Fill shall not be permitted in the FW District except
when such fill,acting alone or in combination with
existing or future flood plain uses shall be shown
to not increase flood heights during the base flood
discharge and such fill shall be protected against
erosion where erosive velocities may occur by the use
of riprap,bulkheading or vegetative cover.
2.Where structures are allowed,the following restrictions
shall apply:
a.Structures shall not be designed for human
residental occupancy.
b.Structures shall be constructed so that the
longitudinal axis of the structure is parallel
to the direction of the flood flow.
c.Whenever possible,placement of structures shall be
upon the same flood—flow lines as those of adjoining
structures.
d.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.
3.No use shall increase flood heights during the base
flood discharge.
4.No new mobile home,mobile home park nor new mobile
home subdivision shall be placed in the designated Floodway.
17.51.140 Design Standards -FF Flood Fringe.All uses
permitted in the FF Flood Fringe District shall comply with the
following design standard.
—11—
Q
1.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
feet beyond the outer perimeter any structure erected
on such fill.No fill shall be used in such a manner
as to restrict the flow capacity of any drainway.
2.The lowest floor of any structure shall be no lower
than the regulatory flood protection elevation.
Non-residential structures may be permitted without
being placed on fill providing the floodproofing
requirements of this Chapter are met.
3.All utility services,furnaces,water heaters and
electrical wiring in connection with structures shall
be placed above the regulatory flood protection
level or should meet the floodproofing requirements
of this Chapter.
4.The following regulations shall apply to all new
mobile home parks and mobile home subdivisions,and
to expansions of existing mobile home parks and ex
pansions of existing mobile home subdivisions,and
to existing mobile home subdivisions where the repair,
construction,or improvement of the streets,utilities,
and pads equals or exceeds 50%of the value of the
streets,utilities and pads before the repair,
reconstruction or improvement has commenced:
a.Stands or lots shall be elevated on compacted
fill or on pilings so that the lowest floor is at
or above the regulatory flood protection elevation.
—12—
C
b.Adequate surface drainage and access for
removal of all mobile homes shall be provided.
c.Where stands or lots are elevated on pilings,
the lots or stands shall be large enough to
permit steps;piling foundations shall be
placed in stable soil no more than ten feet
apart,and reinforcement shall be provided
for pilings more than six feet above ground
level.
d.All mobile homes situate within such parks or
subdivisions and mobile homes placed in existing
mobile home parks and existing mobile home
subdivisions shall be anchored to resist
flotation,collapse and lateral movement by
providing over-the-top and frame ties to
ground anchors.All components of the anchoring
system shall be capable of carrying a force of
4,200 pounds per square inch.All additions
to any mobile home shall also be anchored.The
following is the minimum anchoring system required:
i.There shall be provided over-the-top ties
at each of the four corners of the mobile home,
with two additional ties on each long side at
intermediate locations,except that mobile
homes less than 50 feet long shall be provided
with one such additional tie.
ii.There shall be provided frame ties at
each of the four corners of the mobile home,
with five additional ties per long side at
intermediate points,except that mobile homes
less than 50 feet long shall have four additional
ties per long side.
17.51.150 Design standards -Area of Shallow Flooding.All
new construction and substantial improvements in the Area of
—13—
Shallow Flooding shall comply with the following design standard:
1.All new construction and substantial improvements
of residential structures located in the area of
shallow flooding,AO Zone,as delineated on the
Official Flood Plain Zoning Map shall have the
lowest floor,including basement,elevated above
the crown of the nearest street to or above the depth
number specified on the Flood Insurance Rate Map
of the Town of Estes Park.
2.All new construction and substantial improvements of
non—residential structures located in the area of
shallow flooding,AO Zone,as delineated on the Official
Flood Plain Map,shall either have the lowest floor,
including basement,elevated above the crown of the
nearest street to or above the depth number specified
on the Flood Insurance Rate Map of the Town of Estes
Park,or,together with all utility and sanitary
facilities connected therewith,be completely flood-
proofed to or above such level so that space below
such level is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydro
static and hydrodynamic loads and effects of buoyancy.
17.51.160 Floodproofing.Floodproofing measures taken for
non—residential structures pursuant hereto shall be designed
consistent with the regulatory flood protection elevation for the
location thereof,flood velocities,durations,rate of rise,hydro
static 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 thereof.The following
—14—
floodproofing measures shall be used,where applicable,in the
manner set forth in the floodproofing regulations published by
the U.S.Army Corps of Engineers:
1.Anchorage to resist flotation and lateral movement of
structures.
2.InstallatiOn of watertight doors,bulkheads,and
shutters,or reinforcement of walls to resist water
pressures.
3.Use of paints,membranes,or mortars to reduce seepage
of water through walls.
4.Addition of mass or weight to structures to resist
flotation.
5.Construction of water supply and waste treatment systems
so as to prevent the entrance of flood waters.
6.Installation of pumping facilities or comparable
practices for subsurface drainage systems for buildings
to relieve external foundation wall and basement
hydrostatic and hydrodynamic pressures.
7.Construction to resist rupture or collapse caused by
water pressure or floating debris.
8.Installation of valves or controls on sanitary and
storm drains which will permit the drain to be closed
to prevent back—up of sewage and storm waters into
the building or structures.
9.Location of all electrical equipment,lines,circuits,
and installed electrical appliances in a manner which
will assure they are not subject to flooding.
10.Construction of water,sewer,and natural gas lines to
resist rupture or collapse caused by water pressure.
11.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
—15—
situated at elevations 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 flood waters.
17.51.170 Non-conforming Buildings.No substantial improve
ment may be made to any structure which does not conform to the
requirements of this chapter.
17.51.180 Administration.This chapter shall be administered
by the building official for the Town of Estes Park.It shall be
the duty of the 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.It shall also be the duty of the
administrator to notify adjacent communities and the appropriate
state offices prior to the alteration or relocation of a river
or water course.Copies of all such notifications shall be
submitted to the Federal Flood Insurance Administration.The
administrator shall use all available flood plain information and
data services to aid in the administration of this chapter.
17.51.190 Appeals.Appeals to the Board of Adjustment may
be taken by any person aggrieved by his 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 Adjustment shall have jurisdiction only over
the following matters:
1.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.
2.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 thereto.
—16—
0
3.In appropriate cases,the Board of Adjustment may
issue a variance from provisions of this regulation
oniy after making a specific finding that the variance
will not endanger health,welfare and safety of the
applicant or any upstream or downstream owner or
occupier or land.Variances shall only be issued upon
a determination that the variance is the minimum
necessary,considering the flood hazard,to afford
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.
17.51.200 Non-Liability of the Town.The degree of flood
protection provided by the terms of this article is,after consi
dering numerous relevant factors,considered reasonable for regu
latory 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 article do not imply that areas out
side 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
herein contained shall not constitute a representation,guarantee,
or warranty of any kind or nature by the Town of Estes Park,or
by any officer,board member,or employee thereof,of the practi
cability 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 of
Estes Park for any damages,from flood or otherwise,that may result
from such use.
—17—
0
Section 3.That the Official Floodplain Map for the delineation
of boundaries of the FW Floodway and FF Flood Fringe Zoning
Districts shall be Sheets BT-l through BT—3,FR-l through
FR-4,and FC-l through FC-3 of the FHBM and FIRM work map
dated December 1,1973,said work map being a result of the
flood insurance study for the Town of Estes Park prepared by
the Federal Insurance Administration and dated July,1978,
as shown hereat:
—18—
Section 4.The Board of Trustees of the Town of Estes Park,
Colorado,herewith finds,determines and designates that this
Ordinance is necessary for the immediate preservation of the
public peace,health and safety,for provisions regulating use of
property within flood plains affects the public peace,health and
safety;and whereas,in the opinion of the Board of Trustees,an
emergency exists,this Ordinance shall take effect and be in force
after its final passage,adoption and the approval and signature
of the Mayor.
PASSED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING THIS 9th
DAY OF JANUARY,1979.
//
__J
1 Mayor
Town of tes Park,Colorado
ATTEST:
/))/u
Town Clerk