This chapter is known and may be cited as the "Broomfield Floodplain Regulations."

(Ord 1972 §3, 2013)

(A)

The flood hazard areas of the city are subject to periodic inundation which may result 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 could adversely affect the public health, safety, and general welfare.

(B)

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.

(Ord 1972 §3, 2013)

The purpose of this chapter is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions to specific areas by provisions designed:

(A)

To protect human life and health;

(B)

To minimize expenditure of public money for costly flood control projects;

(C)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(D)

To minimize prolonged business interruptions;

(E)

To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

(F)

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(G)

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(H)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord 1972 §3, 2013)

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

(A)

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;

(B)

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

(C)

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

(D)

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

(E)

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

(Ord 1972 §3, 2013)

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

(A)

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

(B)

Appeal means a request for a review of the city engineer's interpretation of any provisions of this chapter or a request for a variance.

(C)

Area of special flood hazard means the land in the floodplain subject to a one percent or greater chance of flooding in any given year.

(D)

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

(E)

Base Flood Elevation (BFE) 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 chance of equaling or exceeding that level in any given year.

(F)

Basement means any area of a building having its floor sub-grade (below ground level) on all sides.

(G)

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.

(H)

Critical facility means a structure or related infrastructure, but not the land on which it is situated, as specified in section 17-40-150, 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.

(I)

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials located within the area of special flood hazard.

(J)

Existing manufactured home park or subdivision means a manufactured home park 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) are completed before the effective date of this chapter.

(K)

Expansion to 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, the construction of streets, and either final site grading or the pouring of concrete pads).

(L)

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.

(M)

Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.

(N)

Flood Insurance Study means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Maps, and the water surface elevation of the base flood.

(O)

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 statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

(P)

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(Q)

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the 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 the 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.

(R)

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).

(S)

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.

(T)

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of 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 nonelevation design requirements of this chapter.

(U)

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle.

(V)

New construction means structures for which the start of construction commenced on or after the effective date of Ordinance No. 1972 and includes any subsequent improvements to such structures.

(W)

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 these floodplain management regulations.

(X)

Recreational vehicle means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(Y)

Start of construction includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 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 slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(Z)

Structure means a walled and roofed building or manufactured home that is principally above ground.

(AA)

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

(BB)

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term 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 to assure safe living conditions; or

(2)

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

(CC)

Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

(DD)

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 44 CFR Chapter 1, Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)4, or (e)(5) of the National Flood Insurance Program (NFIP) regulations is presumed to be in violation until such time as that documentation is provided.

(Ord. 1972 §3, 2013)

This chapter shall apply to all areas of special flood hazard 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 city.

(Ord. 1972 §3, 2013)

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Broomfield," dated August 15, 2019, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and FIRM are on file at One DesCombes Drive, Broomfield, CO 80020.

(Ord. 1972 §3, 2013)

(Ord. 2012 §4, 2015; Ord. No. 2093, § 4, 6-25-19)

(A)

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.

(B)

It shall be unlawful to violate any provision of this chapter or to violate any restriction. Violators shall be subject to the penalties provided in chapter 1-12. B.M.C.

(Ord. 1972 §3, 2013)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord 1972 §3, 2013)

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

(A)

Considered as minimum requirements;

(B)

Liberally construed in favor of the city; and

(C)

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

(Ord. 1972 §3, 2013)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer, or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 1972 §3, 2013)

This chapter and various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Broomfield Floodplain Regulations as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 1972 §3, 2013)

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 17-40-060. Application for a development permit shall be made on forms furnished by the city engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(A)

Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(B)

Elevation in relation to mean sea level to which any structure has been floodproofed;

(C)

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 17-40-160(B); and

(D)

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

(Ord. 1972 §3, 2013)

The city engineer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

(Ord. 1972 §3, 2013)

Duties of the city engineer shall include, but not be limited to:

(A)

Permit review.

(1)

Review all development permits to determine that the permit requirements of this chapter have been satisfied;

(2)

Review all development permits to determine that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required;

(3)

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 17-40-170(A) are met.

(B)

Use of other base flood data. When base flood elevation data has not been provided in accordance with section 17-40-060, the city engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any federal, state, or other source as criteriafor requiring that new construction, substantial improvements, or other development in Zone A are administered in accordance with section 17-40-160.

(1)

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 city's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot at any point within the city.

(2)

Under the provisions of 44 C.F.R Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, the city may approve certain development in Zones A1-30, AE, and AH, on the city's FIRM which increases the water surface elevation of the base flood by more than one-half foot, provided that the city first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision), fulfills the requirements for such revisions as established under the provisions of Section 65.12, and receives FEMA approval.

(C)

Information to be obtained and maintained.

(1)

Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(2)

For all new or substantially improved floodproofed structures, (i) verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed and (ii) maintain the floodproofing certifications required in paragraph 17-40-160(B)(3).

(3)

Maintain for public inspection all records pertaining to the provisions of this chapter.

(D)

Alteration of watercourses.

(1)

Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(2)

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

a.

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.

b.

Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

c.

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.

d.

Any stream alteration activity shall be designed and sealed by a registered Colorado professional engineer or certified professional hydrologist.

e.

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 0.00-foot rise in the proposed condition of the floodway resulting from the project compared to existing conditions (otherwise known as a No-Rise Certification), unless the city first applies for floodway revision in accordance with section 17-40-170 and a CLOMR.

(E)

Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (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 17-40-140.

(Ord. 1972 §3, 2013)

(A)

Appeal board.

(1)

The board of adjustment, as established by chapter 2-40, B.M.C., shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2)

The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city engineer in the enforcement or administration of this chapter.

(3)

Those aggrieved by the decision of the board of adjustment on any appeals made pursuant to this section, may appeal such decisions to the district court as provided in C.R.C.P. 106(a)(4).

(4)

In passing upon such applications, the board of adjustment 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 owners;

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 the existing and anticipated development;

h.

The relationship of the proposed use to the comprehensive plan and floodplain management program for 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 flood waters and the effects of wave action, if applicable, expected at the site; and

k.

The cost 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, streets, and bridges.

(5)

Upon consideration of the factors set forth in paragraph (4) above and the purposes of this chapter, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6)

The city engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management 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 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items a through k in paragraph 17-40-140(A)(4) above have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications 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 an 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; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, 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 below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.

(C)

Hearing and notice. The board of adjustment shall hold a public hearing on any appeal or request for a variance. Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C.

(Ord. 1972 §3, 2013)

(Ord. No. 2138, § 64, 4-6-21)

In all areas of special flood hazard, the following standards are required:

(A)

Anchoring.

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

(2)

All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement, and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to the ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements may include:

a.

Over-the-top ties must be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than fifty feet long requiring one additional tie per side;

b.

Frame ties must be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than fifty feet long requiring four additional ties per side;

c.

All components of the anchoring system must be capable of carrying a force of 4,800 pounds; and

d.

Any additions to the manufactured home must be similarly anchored.

(B)

Construction materials and methods.

(1)

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

(2)

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

(3)

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

(C)

Utilities.

(1)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(2)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and

(3)

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

(D)

Properties removed from the floodplain by fill. A floodplain development permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision based on Fill (LOMR-F), unless such new structure or addition complies with the following:

(1)

Residential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill.

(2)

Nonresidential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(E)

Standards for subdivision proposals.

(1)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.

(2)

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of section 17-40-110 and the provisions of section 17-40-150.

(3)

Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty lots or five acres, whichever is the lesser, if not otherwise provided pursuant to section 17-40-060 or section 17-40-130.

(4)

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

(5)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(F)

Standards for critical facilities. A critical facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during, and after a flood.

(1)

Classification of critical facilities. Critical facilities are classified under the following categories: Essential Services; Hazardous Materials; At-risk Populations; and Vital to Restoring Normal Services. It is the responsibility of the city engineer to identify and confirm that specific structures in the community meet the following criteria:

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, doctor's 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 city engineer 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 chapter, 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 city engineer 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.

Aboveground gasoline or propane storage or sales centers.

c.

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 is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a critical facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. §302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. §1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. §302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. §1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation of Ordinance No. 1972, 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.

d.

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 or more individuals (day care and assisted living); and

3.

Public and private schools (pre-schools, K-12 schools, before-school and after-school care serving twelve or more children).

e.

Facilities vital to restoring normal services, including government operations. These facilities consist of: essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers).

(2)

Protection for critical facilities. All new and substantially improved critical facilities and new additions to critical facilities located within the special flood hazard area shall be regulated to a higher standard than structures not determined to be critical facilities. For the purposes of this subsection, protection shall include one of the following:

a.

Location outside the special flood hazard area; or

b.

Elevation or floodproofing of the structure to at least two feet above the base flood elevation.

(3)

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

(Ord. 1972 §3, 2013)

In all areas of special flood hazard where base flood elevation data has been provided in the study and map referred to in section 17-04-022 or pursuant to section 17-40-130, the following provisions shall apply, in addition to the standards set forth in section 17-40-150:

(A)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.

(B)

Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement) elevated to at least one foot above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(1)

Be floodproofed so that below one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water;

(2)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3)

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in section 17-40-120.

(C)

Openings in enclosures below the lowest floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1)

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

(2)

The bottom of all openings shall be no higher than one foot above grade;

(3)

Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

(D)

Manufactured homes.

(1)

Manufactured homes shall be anchored in accordance with paragraph 17-40-150(A)(2).

(2)

All manufactured homes or those to be substantially improved shall conform to the following requirements:

a.

Require that manufactured homes that are placed or substantially improved on a site (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 a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

b.

Require that manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions that are not subject to the provisions in subparagraph a. above be elevated so that either (i) the lowest floor of the manufactured home is at least one foot above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(E)

Recreational Vehicles. Recreational vehicles shall either (1) be on the site for fewer than 180 consecutive days, (2) be fully licensed and ready for highway use, or (3) meet the permit requirements and elevation and anchoring requirements for resisting wind forces that are applicable to manufactured homes.

(Ord. 1972 §3, 2013)

Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(A)

Encroachments (including fill, new construction, substantial improvements, and other development) are prohibited unless a registered professional engineer or architect certifies that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(B)

If subsection (A) is satisfied, all new construction and substantial improvements shall comply with the provisions of sections 17-40-150 and 17-40-160.

(Ord. 1972 §3, 2013)