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HomeMy WebLinkAboutORDINANCE 13-13C 0. ORDINANCE NO.13-13 AN ORDINANCE OF THE TOWN OF ESTES PARK,LARIMER COUNTY, COLORADO,ESTABLISHING TEMPORARY REQUIREMENTS FOR DEVELOPMENT ADJACENT TO DRAINAGES. WHEREAS,the Town of Estes Park has adopted Estes Park Municipal Code Chapter 17.28 Floodplain Regulations to identify and clarify where flood hazards may exist and to ensure that potential buyers and builders are aware that certain properties are in areas with special flood hazards;and WHEREAS,on September 12,2013,Estes Park was impacted by a severe flood event;and WHEREAS,on October 1,2013,the Town of Estes Park temporarily suspended existing permits and issuance of new floodplain permits and building permits for permanent construction on properties located within the Town and adjacent to the Black Canyon,Fish Creek,Fall River and/or the Big Thompson River drainages;and WHEREAS,the temporary building suspension enacted on October 1,2013,will expire on November 12,2013;and WHEREAS,due to the September 2013 flood event,the Town does not know the final location of stream/river channels or banks;the final location of floodplains;and final base flood elevations;and WHEREAS,the Town wants to ensure compliance with FEMA regulations to ensure businesses and residents are eligible to purchase flood insurance;and WHEREAS,the Town recognizes that property owners may wish to initiate, continue,and complete construction adjacent to stream/river channels;and WHEREAS,the Board of Trustees hereby determines that it is in the public interest to adopt this Ordinance in order to adopt temporary building standards for properties located within the Town and adjacent to the Black Canyon,Fish Creek,Fall River or the Big Thompson River drainages. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS: Section 1.Temporary building standards and regulations for properties located within the Town and adjacent to the Black Canyon,Fish Creek,Fall River and/or the Big Thompson River drainages is hereby established,as more fully set forth on Exhibit A attached hereto and incorporated herein by this reference. 0 0 Section 2.The temporary building standards and regulations set forth on Exhibit A shall take effect upon the effective date of this Ordinance and continue until November 11,2014 unless amended,extended and/or terminated by further action of the Board of Trustees. WHEREAS,the immediate passage of this Ordinance is necessary for the preservation of health,safety and welfare of the citizens of the Town in order to prevent unsafe construction adjacent to drainages,and therefore the Ordinance shall take effect and be in force immediately after its passage,adoption,and signature of the Mayor. AND PASSED BY THE BOARD PARK,COLORADO,on this OF TRUSTEES OF day of erk c..N n0 O.e.n-aae I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the i3-day of a.ea 2013,and published in a newspaper of general circulation in the Town of Estes Park,Colorado, on the g*r day of ,2013.- L ,flfl,p ToJDIerk INTRODUCED, THE TOWN OF READ, ESTES 2013. ATTEST: Mayor 0 0 EXHIBIT A Flood Protection Elevation In order to account for the impacts of future development on flood depths and to ensure the least expensive insurance rate for property owners,all new structures,substantial changes and additions on properties located within the Town and adjacent to the Black Canyon,Fish Creek,Fall River and/or the Big Thompson River drainages shall be built a minimum of one vertical foot above the flood of record.The flood of record shall be measured from the high water marks from the September 2013 flood event,as minimum elevation regardless of the current regulatory flood location.When the high water mark and regulatory floodplain are inconsistent with one another,the more restrictive shall govern. Building Permit Submittal Requirements All applications for development review shall submit the following information in addition to standard submittal requirements: Site plan shall include: a.Current Regulatory Floodplain. Location of the current regulatory floodplain,including elevation points adjacent to proposed development and distance to proposed development;and b.High Water Marks and Lines. High water mark and line locations from the September 2013 flood event, including elevation points adjacent to proposed development,and distance from marks and lines to the proposed development. ii.Federal Emergency Management Agency Elevation Certificate (FEMA Form 086-0-33;Revised 7/12).A FEMA Form 086-0-33,Revised 7/12 or subsequent revisions,shall be submitted for each structure within a proposed development,taken from the regulatory floodplain. Hi.A qualified Colorado registered professional engineer in good standing shall direct or supervise floodplain projects within the regulatory floodplain and/or the high water mark from the flood of record.Project designs within the regulatory floodplain shall be certified and sealed by the Colorado registered professional engineer of record. 0 0 iv.Measurements shall be taken in accordance with Estes Valley Development Code §1 .9.D.2. v.The location of fill material to be imported to the site and confirmation from a qualified expert that the engineering characteristics of the fill are appropriate for development. vi.The location where material being exported from the site will be deposited. The land owner or agent accepting the deposit must be identified and approval confirmed by staff. vU.Identification of all structures on,or adjacent to the site that may be affected by grading and development,and presentation of detailed mitigation measures to reduce any negative impact to existing structures during development. vUi.Staff may waive submittal requirements depending on the amount of information necessary to perform a complete and reasonable review of the development.