(a)

Unless specifically defined below, words or phrases used in this Article shall be interpreted for purposes of this Article so as to give them the meanings they have in common usage and to give this Article its most reasonable application.

(b)

As used in this Article only, the following terms shall have the meaning indicated:

100-year flood means a flood having a recurrence interval that has a one-percent (1%) chance of being equaled or exceeded during any given year (one-percent-annual-chance flood). The terms "one hundred-year flood" and "one-percent (1%) 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 (100) years.

100-year floodplain means the area of land susceptible to being inundated as a result of the occurrence of a one hundred-year flood.

500-year flood means 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 (500) years.

500-year floodplain means the area of land susceptible to being inundated as a result of the occurrence of a five hundred-year flood.

Addition means any activity that expands the enclosed footprint or increases the square footage of an existing structure.

Alluvial fan flooding means 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.

Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of this Article or a request for a variance.

Area of shallow flooding means a designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with a one-percent (1%) chance or greater annual chance of flooding to an average depth of one (1) to three (3) 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 means the flood having a one-percent (1%) chance of being equaled or exceeded in any given year.

Base flood elevation (BSE) means 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 (1%) chance of equaling or exceeding that level in any given year.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Channel means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Channelization means the artificial creation, enlargement or realignment of a stream channel.

Code of Federal Regulations (CFR) means 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 fifty (50) titles that represent broad areas subject to federal regulation.

Community means 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) means 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 means a structure or related infrastructure, but not the land on which it is situated, as specified in Section 16-368, 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.

Development means any manmade 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 or storage of equipment or materials.

DFIRM database means a 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) means a FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes.

Elevated building means 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 floodwaters.

Existing manufactured home park or subdivision means 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 means 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, either final site grading or pouring of concrete pads or the construction of streets).

Federal Register means 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 means Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.

Flood or flooding means 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; and/or

(2)

The unusual and rapid accumulation or runoff of surface waters from any source; and/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) means an official map 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) means 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 floodprone area means 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 means the community official designated by title to administer and enforce the floodplain management regulations.

Floodplain development permit means 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 within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management article.

Floodplain management means 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 means 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 means 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 means 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) means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches is one-half (½) foot (six (6) inches). The Town of Basalt standard used for existing floodplain studies is zero feet (zero-rise standard). Letters of map revision to existing floodway delineations shall continue to use the floodway criteria in place at the time of the existing floodway delineation unless use of the Colorado statewide standard is approved by the Floodplain Administrator and the Federal Emergency Management Agency.

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.

Functionally dependent use means 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 means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means 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 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) means 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) means 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 means a manmade 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 means 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 means 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 means a structure, transportable in one (1) 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 means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mean sea level means, 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.

Material safety data sheet (MSDS) means 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) means 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 manufactured home park or subdivision means 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 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 100-year floodway shown on the flood insurance rate map (FIRM) or flood boundary and floodway map (FBFM).

Physical map revision (PMR) means FEMA's action whereby one (1) 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)

Four hundred (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 means 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 means the date the building permit was issued, including substantial improvements, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footing, 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 a basement, footing, 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 means a walled and roofed building, including a gas or liquid storage tank, that is principally above the ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50) percent of the market value of the structure just prior to when the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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) means 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 means a grant of relief to a person from the requirements of this Article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner that would otherwise be prohibited by this Article. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations). (Prior code 33-4; Ord. 33 §B1, 2003)

Violation means 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 means 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.

(Prior code 33-4; Ord. 33 §B1, 2003; Ord. 23 §§B. 1, 2, 2007; Ord. 21 §B(Exh. A), 2013)

(a)

The flood hazard areas of the Town are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)

These flood losses are caused by the cumulative effect of obstructions in floodplains which increase 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 floodproofed, elevated or otherwise protected from flood damage. (Prior code 33-1)

(Prior code 33-1; Ord. 21 §B(Exh. A), 2013)

It is the purpose of this Article to promote the 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.

(Prior code 33-2; Ord. 21 §B(Exh. A), 2013)

In order to accomplish its purposes, this Article includes methods and provisions for:

(1)

Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.

(2)

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(3)

Controlling the alteration of natural flood plains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.

(4)

Controlling filling, grading, dredging and other development which may increase flood damage.

(5)

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Prior code 33-3)

This Article 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 the Town. 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 Town Council 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.

(Prior code 33-5; Ord. 21 §B(Exh. A), 2013)

The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study, Eagle County, Colorado and Incorporated Areas" (FIS), dated the fourth day of December, 2007, and all subsequent revisions thereto, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) also dated the fourth day of December, 2007, and all subsequent revisions thereto are hereby adopted by reference and declared to be a part of this Code. The special flood hazard areas identified by the FIS and attendant mapping are the minimum area of applicability of this Article and may be supplemented by studies designated and approved by the Town Council. The Floodplain Administrator shall keep a copy of the Flood Insurance Study (FIS), DFIRMs, FIRMs and/or FBFMs on file and available for public inspection. The FIS is on file and is available for public inspection during regular business hours at: Town of Basalt, Municipal Building, 101 Midland Avenue, Basalt, CO 81621. See also Article XXI for additional standards for development in or around rivers, wetlands and environmentally sensitive areas. The "Floodplain Information Report, Roaring Fork River" prepared by Matrix Design Group, Inc. dated November 14, 2001, as such may be amended from time to time, is hereby adopted by reference and declared to be a part of this Code. The Floodplain Information Report for the Roaring Fork River is on file at Town Hall, 101 Midland Avenue, Basalt, Colorado, and is available for public inspection during regular hours.

(Prior code 33-6; Ord. 7 §B, 1999; Ord. 25 §(B)(1), 2000; Ord. 23 §B.3, 2007; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, changed the title of § 16-356 from "Basis for establishing areas of special flood hazard" to read as herein set out.

This Article is not intended to repeal, abrogate or impair any existing easement, covenants or deed restrictions. However, where this Article and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Prior code 33-7)

In the interpretation and application of this Article, all provisions shall be:

(1)

Considered as minimum requirements.

(2)

Liberally construed in favor of the governing body.

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Prior code 33-8)

A floodplain development permit shall be obtained before construction or development begins within any special flood hazard area established in Section 16-356. Application for a floodplain development permit shall be made on forms furnished by the Floodplain Administrator and may include, but shall not be limited to, plans in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question and proposed landscape alterations; existing and proposed structures, including the placement of manufactured homes; fill; storage of materials; drainage facilities; and the location of the foregoing in relation to special flood hazard areas. Specifically, the following information is required:

(1)

Elevation in relation to mean sea level (referenced to the North American Vertical Datum of 1988 (NAVD88)) of the lowest floor (including basement) of all new and substantially improved structures.

(2)

Elevation in relation to mean sea level (referenced to the North American Vertical Datum of 1988 (NAVD88)) to which any non-residential structure shall be floodproofed.

(3)

Certification by a Colorado registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 16-363(b)(2).

(4)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Prior code 33-10; Ord. 33 §B1, 2003; Ord. 23 §B.4, 2007; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, changed the title of § 16-359 from "Development permit" to read as herein set out.

The Town Manager is hereby appointed as Floodplain Administrator to administer, implement and enforce this Article and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.

(Prior code 33-11; Ord. 33 §B1, 2003; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, changed the title of § 16-360 from "Enforcement by Town Manager" to read as herein set out.

Duties of the Floodplain Administrator shall include, but shall not be limited to:

(1)

Permit review.

a.

Review and approve or deny all applications for floodplain development permits required by this Article.

b.

Review all 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.

c.

Review all floodplain development permits to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

d.

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.

e.

Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all of the provisions of this Article 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;

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 Town of Basalt Master Plan.

(2)

The uses of other base flood data.

a.

When parcels located in unincorporated Eagle County are annexed into the Town of Basalt municipal limits, the scientific and engineering report entitled "The Flood Insurance Study Eagle County, Colorado and Incorporated Areas, dated the fourth day of December, 2007, and all subsequent revisions thereto, with accompanying flood insurance rate maps and flood boundary-floodway maps also dated the fourth day of December, 2007, and all subsequent revisions thereto" shall be used by the Floodplain Administrator to apply the provisions of Article XVII of this Code. When parcels located in unincorporated Pitkin County are annexed into the Town of Basalt municipal limits, the scientific and engineering report entitled "The Flood Insurance Study Pitkin County, Colorado and Incorporated Areas, dated the 19 ^th day of October, 2004, and all subsequent revisions thereto, with accompanying flood insurance rate maps and flood boundary-floodway maps also dated the nineteenth day of October, 2004, and all subsequent revisions thereto" shall be used by the Floodplain Administrator to apply the provisions of Article XVII of this Code.

b.

When base flood elevation data has not been provided in accordance with Section 16-356, 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 Section 16-363(b)(1), (2) and (3).

c.

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 Town's flood insurance rate maps, 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 (½) foot (Colorado statewide standard), or such lesser amount as required by the Town of Basalt standard, at any point within the community.

d.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, the Town may approve certain development in Zones Al-30, AE, AH, on the Town's flood insurance rate maps which increases the water surface elevation of the base flood by more than one-half foot (Colorado statewide standard), or such lesser amount as required by the Town of Basalt standard, provided that the Town first applies for a conditional flood insurance rate map 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.

(3)

Information to be obtained and maintained.

a.

The Floodplain Administrator shall maintain and hold open for public inspection all records pertaining to the provisions of this Article, including the actual elevation in relation to mean sea level (referenced to NAVD88) of the lowest floor, including basement, of all new or substantially improved structures, and any floodproofing certificate required by Section 16-363(b)(2).

b.

For all new and substantially improved floodproofed structures, the Floodplain Administrator shall:

1.

Verify and record the actual elevation in relation to mean sea level (referenced to NAVD88) to which the structure was floodproofed; and

2.

Maintain the floodproofing certifications required in Section 16-363(b)(2).

(4)

Alteration of watercourses.

a.

The Floodplain Administrator shall notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a water course and submit evidence of such notification to the Federal Emergency Management Agency.

b.

The Floodplain Administrator shall require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(5)

Interpretation of FIRM boundaries. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 16-362.

(Prior code 33-12; Ord. 33 §B1, 2003; Ord. 23 §§B.5—9, 2007; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, changed the title of § 16-361 from "Duties and responsibilities of Town Manager" to read as herein set out.

(a)

Appeal Board.

(1)

The Town Council shall hear and decide appeals and requests for variances from the requirements of this Article following a recommendation from the Planning and Zoning Commission.

(2)

The Planning and Zoning Commission and the Basalt Town Council shall hear and decide appeals only when it is alleged that there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this Article.

(3)

Appeals may be taken by any person aggrieved by the decision or determination made by the Floodplain Administrator, any taxpayer, any officer, department, board or bureau of the Town affected by the determination of the Floodplain Administrator, or by any other decision of an administrative officer or agency based on or made in the course of administration or enforcement of this Article.

(4)

Such appeals must be made in writing and filed with the Planning and Zoning Commission within seven (7) days after the action or decision appealed.

(5)

The Planning and Zoning Commission shall hold a hearing on all appeals to it no sooner than thirty (30) days after the filing of the notice of appeal. For hearings involving variances or appeals relating to property constituting less than all of a designated zone district, notice shall be published in the Town's official newspaper and shall be mailed by certified mail at least fifteen (15) days before the date of the hearing to the applicant and to the owners of all real property within two hundred (200) feet of the property for which the variance is requested or to whom the decision was directed. The mailed and published notice shall state the description of the property involved and the statement of the nature of the variance requested or the nature of the appeal. The applicant shall supply a list and a scaled map showing the names and addresses of all of the owners of real property within two hundred (200) feet of the property for which the variance is requested or to whom the decision was directed.

(6)

The Planning and Zoning Commission shall make a recommendation on the appeal to the Town Council.

(7)

A majority vote of a quorum of the Town Council shall be necessary to reverse any order, requirement, decision or determination of the Floodplain Administrator or agency or to decide in favor of the appellant.

(8)

Processing and publication of applications for variances or appeals shall be assessed and payable in accordance with Section 16-292 of this Code for zone variances.

(9)

Finality. All decisions of the Town Council on variances and appeals shall be final and effective as provided by the Basalt Home Rule Charter.

(10)

In passing upon such applications, the Planning and Zoning Commission and the Town Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter and:

a.

The danger that materials may be swept onto other lands to the injury of others.

b.

The danger to life and property due to flooding or erosion damage.

c.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

d.

The importance of the services provided by the proposed facility to the community.

e.

The necessity to the facility of a waterfront location, where applicable.

f.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

g.

The compatibility of the proposed use with existing and anticipated development.

h.

The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.

i.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

j.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

k.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

(11)

Upon consideration of the factors of Subsection (10) above and the purposes of this Chapter, the Planning and Zoning Commission and the Town Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

(12)

The Floodplain Administrator shall maintain the records of all appeal actions, including technical information, and report any variance to the Federal Emergency Management Agency upon request of such agency.

(b)

Conditions for variances.

(1)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subsection (a)(10) above has been fully considered. As the lot size increases beyond one-half (½) acre, the technical justification required for issuing the variance increases.

(2)

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.

(3)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(4)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5)

Variances shall only be issued upon:

a.

A showing of good and sufficient cause.

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

c.

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 as identified in Subsection (a)(10) above or conflict with existing local laws or ordinances.

(6)

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 base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(7)

Variances may be issued 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 Section 16-362(a)(1), (2) and (11) and Section 16-362(b)(1)—(4) 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.

(Prior code 33-13; Ord. 33 §B1, 2003; Ord. 23 §§B.10, 11, 2007; Ord. 21 §B(Exh. A), 2013)

(a)

General standards. In all special flood hazard areas the following standards are required for all new construction and substantial improvements:

(1)

Anchoring.

a.

All new construction and 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.

b.

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 and frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Special requirements shall be that:

1.

Over-the-top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.

2.

Frame ties be provided at each corner of the manufactured home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side.

3.

All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds.

4.

Any additions to the manufactured home be similarly anchored.

(2)

Construction materials and methods.

a.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c.

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service utilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding.

(3)

Utilities.

a.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

b.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the system into floodwaters.

c.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(b)

Specific standards. In all special flood hazard areas where base flood elevation data has been provided as set forth in Section 16-356 or in Section 16-361(2), the following standards 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 conditioning equipment and other service facilities (including ductwork), elevated to one (1) foot above the base flood elevation, or to such greater elevation required by other sections of this Chapter. 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 Section 16-368, new construction and substantial improvement 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 (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that at one (1) foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components capable 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 outlined in Section 16-361(3)(b).

(3)

Manufactured Homes. All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the Town'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, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are elevated to one (1) 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 Town'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 (1) 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 thirty-six (36) inches in height above grade and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(4)

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, subject to the approval of the Town Engineer:

a.

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided, and

b.

The bottom of all openings shall be no higher than one (1) 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.

(5)

Recreational Vehicles. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM shall either:

a.

Be on the site for fewer than one hundred eighty (180) consecutive days;

b.

Be fully licensed and ready for highway use; or

c.

Meet the permit requirements of Section 16-359, and the elevation and anchoring requirements for "manufactured homes" in paragraph (3) 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. Any activity for which a floodplain development permit was issued by the Town or a CLOMR was issued by FEMA prior to adoption of the most recent changes to this Article 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 Article if it meets such standards.

(c)

Standards for areas of shallow flooding (AO/AH Zones). Located within the special flood hazard area established in Section 16-356, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (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:

(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 (1) foot, or to such greater elevation required by other sections of this Chapter above the depth number specified in feet on the community's FIRM (at least three (3) 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 Section 16-368, 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 (1) foot above the depth number specified in feet on the community's FIRM (at least three (3) 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 (1) 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 and 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 outlined in Section 16-363(b)(2), are satisfied.

Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide floodwaters around and away from proposed structures.

(Prior code 33-14; Ord. 23 §§B.12—14, 2007; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, changed the title of § 16-363 from "Standard for areas of special flood hazard" to read as herein set out.

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, and the Town of Basalt has adopted floodway standards that are more stringent than State of Colorado standards (see definition of floodway in Section 16-351). Located within special flood hazard areas established in Section 16-356 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

(1)

Encroachments 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 paragraph (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 16-363.

(3)

Under the provisions of 44 CFR Chapter 1, Section 65.12 of the National Flood Insurance Regulations, the Town 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 revisions through FEMA.

(Prior code 33-15; Ord. 21 §B(Exh. A), 2013)

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 Town of Basalt 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 16-364(3) 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.

(Ord. 21 §B(Exh. A), 2013)

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 (1) foot, or to such greater elevation required by other sections of this Chapter, 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 (1) 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 (1) 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 and effects of buoyancy.

(Ord. 21 §B(Exh. A), 2013)

(a)

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.

(b)

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of Section 16-359 and Section 16-363 of this Article.

(c)

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 fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Section 16-356 or Section 16-361(2) of this Article.

(d)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(e)

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.

(Ord. 21 §B(Exh. A), 2013)

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 facilities. It is the responsibility of the Town of Basalt 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:

1.

Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);

2.

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);

3.

Designated emergency shelters;

4.

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);

5.

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

6.

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 Town 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 Town 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:

1.

Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

2.

Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

3.

Refineries;

4.

Hazardous waste storage and disposal sites; and

5.

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 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 five hundred (500) pounds or the TPQ listed (whichever is lower) for the three hundred fifty-six (356) chemicals listed under 40 C.F.R. § 302 (2010), also known as extremely hazardous substances (EHS); or ten thousand (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 of this Article, but exclude later amendments to or editions of the regulations.

Specific exemptions to this category include:

1.

Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.

2.

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.

3.

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:

1.

Elder care ( nursing homes);

2.

Congregate care serving twelve (12) or more individuals ( day care and assisted living);

3.

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:

1.

Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

2.

Essential structures for public colleges and universities (dormitories, offices, and classrooms only).

These facilities may be exempted if it is demonstrated to the Town 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 Town on an as-needed basis upon request.

(2)

Protection of 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 (1) 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 (2) feet above the base flood elevation.

(3)

Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the Basalt Town Council, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

(Ord. 21 §B(Exh. A), 2013)

The degree of flood protection required and intended to be provided by this Article is considered reasonable for the protection of life and property and is based upon engineering and scientific methods of study. Larger floods can and will occur on rare occasions and the flood height may be increased by manmade or natural causes. This regulation does not imply that areas outside the special flood hazard area or land use permitted within such areas will be free from flooding or flood damages. This regulation shall not create liability on the part of the Town or any officer or employee thereof for any flood damages that result from reliance on this regulation or any administrative decision lawfully made thereunder.

(Prior code 33-16; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, amended and renumbered former § 16-365 as § 16-369.

The provisions of this Article shall not apply to or affect any fixed building or structure already lawfully in place or the terms or conditions of any lawful permit already granted at the time of the enactment of this Article, provided that, in the event of substantial damage, the reconstruction or replacement of such building shall be considered a substantial improvement and shall be governed by the applicable provisions of this Article.

(Prior code 33-17Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, renumbered former § 16-366 as § 16-370.

Applications for an amendment to this Article shall be on such form as the Floodplain Administrator shall prescribe, shall be filed with the Floodplain Administrator and shall contain all of the following information:

(1)

A description of the land affected by the amendment, the nature of the proposed amendment and a sketch to scale showing the boundaries of the area affected.

(2)

A statement of justification for the amendment, including one (1) or more of the following:

a.

Changing area conditions.

b.

Error in original designation.

c.

Peculiar nature of the site.

d.

Newly acquired technological knowledge.

e.

Any other reason and justification of the amendment.

(3)

Description and sketches, if appropriate, of buildings or uses proposed if the redesignation is granted and a description of land, buildings and uses within two hundred (200) feet of the boundary of the proposed area of change in all directions.

(4)

Time schedule for any contemplated new construction or uses.

(5)

The effect that the new designation would have on adjacent uses.

(Prior code 33-18; Ord. 33 §B1, 2003; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, renumbered former § 16-367 as § 16-371.

All applications for changes shall be referred to the Planning and Zoning Commission and the Commission shall return a recommendation to the Town Council recommending that the change be allowed, denied or allowed with conditions. The recommendation of the Planning and Zoning Commission shall be transmitted to the Floodplain Administrator within thirty (30) days of receipt thereof.

(Prior code 33-19; Ord. 33 §B1, 2003; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, renumbered former § 16-368 as § 16-372.

Within thirty (30) days after the receipt of the recommendations of the Planning and Zoning Commission, a public hearing shall be held by the Town Council, and notice shall be published in the Town's official newspaper and shall be mailed by certified mail at least fifteen (15) days before the date of the hearing to the applicant and to owners of all real property within two hundred (200) feet of the property affected by the designation. The applicant shall supply a list and a scaled map showing the names and addresses of all property owners within two hundred (200) feet of the property affected by the amendment.

(Prior code 33-20; Ord. 33 §B1, 2003; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, renumbered former § 16-369 as § 16-373.

All amendments shall be reflected on the FIRM and on any other map deemed necessary by the Town.

(Prior code 33-21; Ord. 21 §B(Exh. A), 2013)

Editor's note— Ord. 21 §B(Exh. A), adopted Dec. 10, 2013, renumbered former § 16-370 as § 16-374.

These regulations and the various parts thereof are hereby declared to be severable. Should any section of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 21 §B(Exh. A), 2013)