HomeMy WebLinkAboutORDINANCE 14-130 0
ORDINANCE NO.14-13
AN ORDINANCE OF THE TOWN OF ESTES PARK,LARIMER COUNTY,
COLORADO,AMENDING TITLE 17 THE ESTES PARK MUNICIPAL CODE BY
INCLUDING FLOODPLAIN REGULATIONS ENACTED BY THE COLORADO WATER
CONSERVATION BOARD.
WHEREAS,on January 14,2011,the Colorado Water Conservation Board
established new statewide floodplain rules (Rules)that apply to all geographic areas of
Colorado;and
WHEREAS,by January 14,2014,local entities,including the Town of Estes
Park,must update,adopt and enforce their own local ordinances to stay in compliance
with the Rules;
WHEREAS,this ordinance was introduced and read at length on November 12,
2013,at a special meeting of the Board of Trustees of the Town of Estes Park.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1.The Municipal Code of the Town of Estes Park is amended by the revision
of Chapter 17.28—Floodplain Regulations as more fully set forth on Exhibit A attached
hereto and incorporated herein by this reference.
Section 2.If any provision of this Ordinance or the application thereof is held invalid,
such invalidity shall not affect other provisions or application of this Ordinance which
can be given effect without the invalid provision or application,and to this end,the
provisions of this Ordinance are hereby declared severable.
Section 3.The Ordinance shall take effect and be in force 30 days after its adoption
and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS I2 DAY OF pooatzp ,2013.
ATTEST:c
c3wn Clerk
0
•0 0....
TOWN 0’
By
C
I hereby certify that the above Ordinance was introduced and read at the meeting of
the Board of Trustees on the day of -o..za-a,2013,and
published in a newspaper of general circulation in the Town of Estes Park,Colorado,
on the I5-day of t->taa ,2013.
A-a.
To€Clerk
Mayor
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EXHIBIT A
Section 1:Chapter 17.28.015 of the Municipal Code regarding floodplain regulation definitions
to be amended to read as follows:
Sec.17.28.015.Definitions.
For purposes of this Chapter only,certain terms and words are defined as set forth in this
Section:
(1)Existing manufactured homopark or subdivision means a manufactured homepark
for which the construction of faciliticc for ccR’icing the lots on which the manufactured
homes aro to bo affixed (including,at a minimum,tho installation of utilities,construction
of streets and either final site grading or tho pouring of concrete pads)are completed
before the effective date of tho ordinance codified in this Chapter.
(2)Expansion to existing manufaoturod homopark or subdivision means the
preparation of additional cites by the construction of facilities for scriicing the lets on
which the manufactured homoc aro to bo affixed (including the installation ef utilities,the
construction of streets and ofthor final cite grading or the pouring of concrete pads).
(3)Manufactured home moans a struduro,transportable in one (1)or mere sections,
which is built on a pormanont chassis and is designed for use with or without a permanent
foundation when oonnoctod to tho roguirod utilitioc.For floodplain management
purposes,tho torm manufacturod homo also includoc parked trailers,travel trailers and
other similar vehicles placed on a cite for greater than ono hundred oighty (180)
consecutive days.For insurance purposes,the term monufacturod homo does not includo
parkod trailers,travel trailorc and ether similar vohicloc.
(1)Manufactured homopark or subdivision means a pamol or contiguous parcels
of land dividod in two (2)or more manufacturod home lots for rent or cafe.
(5)Now manufactured homcpark or oubdMsion means a manufactured hemepark
or subdivision for which the construction of facilities for sor:icing the lots en which the
manufactured hemos 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 complotod on or after the effective date of floodplain management regulations
adopted by the Town.(Ord.7 87 §8,1987;Ord.800 §3,1990;Ord.1597,1907)
(1)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.
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EXHIBIT A
(2)Floodplain Administrator means the community official designated by title to
administer and enforce the floodplain management regulations.
(3)Floodway means the channel of a river of other watercourse and the adiacent land
areas that must be kebt free of obstructions in order to discharge the base flood
without cumulatively increasing the water surface elevation more than a designated
height.
(4)Freeboard means the vertical distance in feet above a Dredicted water surface
elevation intended to provide a margin of safety to compensate for unknown factors
that could contribute to flood heights areater than the height calculated for a
selected size flood such as debris blockaae of bridge openings and the increased
runoff due to urbanization of the watershed.
(5)No-Rise Certification means a record of the results of an engineering analysis
conducted to determine whether a proiect 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 (FUIRM)or Flood Boundary
and Floodway Map (FBFM).
(6)Regulatory Floodplain means the 100-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
reguiring 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.
Section 2:Chapter 17.28.020 of the Municipal Code regarding the establishment of floodway
districts to be amended to read as follows:
17.28.20 Establishment of districts.
(a)There are created and established in the Town the following special zoning districts:
(1)FW Floodway District;
(2)FF Flood Fringe District.
(bi 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 iurisdiction.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
14-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
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EXHIBIT A
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 2,000 feet.
tb3Sl 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.
(6)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)
Section 3:Chapter 17.28.040 of the Municipal Code regarding the FW Floodway District
conditions to be amended to read as follows (no changes or deletions to remaining subsections):
17.28.040 FW Floodway District;conditions
(12)A minimum levee freeboard of three (3)feet shall be necessary,with an additional 1-
foot of freeboard within 100 feet of either side of hydraulic structures within the levee or
wherever the flow is constricted,such as at bridges.An additional 0.5-foot above this
minimum is also required at the upstream end of the levee.
Section 4:Chapter 17.28.090 of the Municipal Code regarding floodplain development permits to
be amended to read as follows:
17.28.090 Floodplain development permit.
(a)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.(Ord.22-86 §1
Exhibit A (part),1986;Ord.28-87 §2,1987;Ord.15-97,1997)
(b)Minimum Freeboard.A minimum freeboard of one foot above the 100-year flood elevation
(Base Flood Elevation)shall apply to structures in the floodplain as follows:
1)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 foot of freeboard above
the Base Flood Elevation.
2)Non-residential Structures.New and Substantially Changed non-residential
structures,and Additions to existing non-residential structures shall be
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EXHIBIT A
consfructed with the lowest floor,including basements,placed with a minimum of
one foot of freeboard above the Base Flood Elevation,or be flood-proofed to an
elevation at least one foot above Base Flood Elevation.Agricultural structures
shall be exempt from this requirement.
Critical Facilities shall be constructed with two feet of freeboard or flood-proofed to
an elevation at least two feet above the Base Flood Elevation.This requirement
does not affect the freeboard requirement for levees described in Section
17.28.040.
(c)A qualified Colorado registered professional engineer in good standing shall direct or
supervise floodplain proiects within the regulatory floodplain and proiect designs within the
regulatory floodplain shall be certified and sealed by the Colorado registered professional
engineer of record.
Section 5:Chapter 17.28.105 of the Municipal Code regarding flood mitigation measures and
stream alteration activities to be added to read as follows:
17.28.105 Effects of Flood Mitigation Measures and Stream Alteration Activities on
Regulatory Floodplains
(1)Channelization and flow diversion proiects shall appropriately consider issues of
sediment transport,erosion,deposition,and channel migration and properly
mitigate potential problems through the proiect as well as upstream and
downstream of any improvement activity.A detailed geomorpholoqical analysis
should be considered,when appropriate,to assist in determining the most
appropriate design.
Proiect proponents for a mitigation activity must evaluate the residual 100-year
floodplain.Proponents are also encouraged to map the 500-year residual floodplain.
(2)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 manager that the proiect 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
proiect.If any significant problems,as identified within annual inspection reports,
the facility or proiect owner shall notify the floodplain manager within 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.
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EXHIBIT A
(3)Any stream alteration activity proposed by a proiect 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 Colorado
Registered Professional Engineer or Certified Professional Hydrologist.
(5)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.
(6)Stream alteration activities shall not be constructed unless the proiect proponent
demonstrates through a floodway analysis and report,sealed by a Colorado
Registered Professional Engineer,that there are no adverse floodway impacts
resulting from the proiect.This reguirement only applies on stream reaches with
Base Flood Elevations established.
(7)No adverse floodway impact means that there is a O.OO4oot rise in the proposed
conditions compared to existing conditions floodway.Upon completion of any work
within a floodway,a Floodway No-Rise Certification shall be submitted by the
engineer or record.
(8)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 herein does not require a Conditional Letter of Map Revision (CLOMR)
to be applied for,unless mandated by the floodplain manager.
Section 6:Chapter 17.28.155 of the Municipal Code regarding enforcement of floodplain rules
and regulations to be added to read as follows:
17.28.155 Enforcement of Floodplain Rules and Regulations.
The following procedure shall be followed regarding alleged violations.
(1)NoVice of Non-Compliance.
1.A Notice of Non-Compliance (NONC)may be prepared and transmitted
by the Floodplain Manager.Information regarding potential violations may
be discovered directly by staff or can be brought by a Complainant or by
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any other person who may be directly and adversely affected or
aggrieved as a result of the alleged violation.
2.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 Manager.
3.NONC process.
i.An NONC shall be delivered to an alleaed 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’).
ii.The NONC does not constitute final action.
iii.The NONC shall identify the regulation or policy subiect to Town
iurisdiction allegedly violated and the facts alleged to constitute
the violation.The NONC may propose appropriate corrective
action and suggested corrective action(s)if any,that the
Floodplain Manager elects to reguire.
(2)The Town shall support,through its National Flood Insurance Program activities,
these regulations.This support will include the existing ability for the Floodplain
Manager to file sanctions upon a property owner for non-compliance.
Section 7:Chapter 17.28.160 of the Municipal Code regarding FF flood fringe district conditions
to be amended to read as follows:
17.28.160 Appeals.
Appeals to the Board of Mjuetwent 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
EW floodway or FE flood fringe zones or by any officer,department,board or bureau of the
Town.Upon review,the Board of Adjustment Appeals shall have jurisdiction only over the
following matters:
(1)To review the exact zoning district boundary of the EW 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 to such channel;
(3)In appropriate cases,the Board of Adjustment 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 health,welfare and
safety of the applicant,or any upstream or downstream owner or occupier of
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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.
(4)No variance shall be granted within the regulatory floodway if the base flood level
will be increased.(Ord.22-86 §1 Exhibit A (part),1986;Ord.8-90 §6,1990)
(5)Request for a variance to any of these regulations may be considered by the Town,
provided the entity or individual requesting the variance has submitted a written
request to the floodplain manager.A notice of the Request must be provided to any
adiacent communities that would be affected by the variance.
(6)The request for a variance shall identify:-
1.The regulation(s)from which the variance is requested:
2.The communities that would be affected by the variance;
3.The reasons why the Rule cannot be complied with;
4.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
req ulation(s);
5.The estimated number of people and structures that will be impacted by
granting of the variance;and
6.Any other evidence submitted by the Town,the CWCB,or other party of
interest.
(7)Variances may be issued if it can be determined that:
1.There is a good and sufficient cause;and
2.The variance is the minimum necessary,considering the flood hazard,to
afford relief;and
3.Failure to grant the variance would result in exceptional hardship to the
community or the reguestor and that the hardship is not the community’s
or reguestor’s own making;and
(8)The granting of a variance will not result in increased vulnerability to flood losses,
additional threats to public safety and welfare,extraordinary Dublic 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.
(9)Variance reguests shall be processed as follows:
1.The Town shall render,confirm,modify,or reiect all variance requests
pertaining to these regulations.
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2.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.
3.Informal variance determination request may be presented to CWCB staff
in order to guide community officials or proiect applicants as to whether a
formal variance would be needed on a case by case basis.
Section 8:Chapter 17.28.180 of the Municipal Code regarding incorporation by reference to be
added to read as follows
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 CFR 302 (2010)
and OSHA Regulations 29 CFR §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 of Estes Park 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.
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