A.

Statutory Authority. The legislature of the State has in Title 29, Article 20 C.R.S., as amended, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry by minimizing flood losses.

B.

Findings of Fact.

1.

The flood hazard areas of the City are subject to periodic inundation which can 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 adversely affect the public health, safety, and general welfare.

2.

These flood losses are caused by the cumulative effect of obstructions in special flood hazard areas that cause an increase in 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 anchored, elevated, floodproofed or otherwise protected from flood damage.

C.

Purpose. It is the purpose of this Chapter 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.

Protect property and minimize damage to critical facilities infrastructure and other public facilities such as water, sewer, and gas mains; electrical and communications stations; and streets and bridges located in floodplains;

3.

Minimize expenditure of public money for costly flood control projects;

4.

Protect the natural areas required to convey flood flows so that they develop in a manner consistent with reasonable floodplain management;

5.

Protect and preserve the water-carrying characteristics and capacities of all watercourses, including gulches, sloughs, and artificial water channels used for the conveyance of storm and floodwater;

6.

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

7.

Minimize prolonged business interruptions;

8.

Help maintain a stable tax base by providing for the sound use and development of flood prone areas to minimize future flood blight areas; and

9.

Ensure that flood hazard information is publicly available to potential buyers.

D.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter uses the following methods:

1.

Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

2.

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

3.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

4.

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

5.

Prevent or regulate the construction of flood barriers, including fences and walls, which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

A.

Applicability. The provisions of this Chapter shall apply to all land within the City defined as:

1.

The special flood hazard areas identified by the Federal Emergency Management Agency "FEMA" in a scientific and engineering report entitled "Flood Insurance Study—Arapahoe County, Colorado, and Incorporated Areas" with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps ("FIRM and/or FBFM") and any revisions thereto. All revisions to the FIRMs and/or FBFMs applicable to land within the City and issued by FEMA through a Letter of Map Revision ("LOMR") or Physical Map Revision ("PMR") are hereby deemed adopted by the City as of the effective date of the LOMR or PMR.

2.

All revisions to the FIRMs and/or FBFMs and/or flood boundary-floodway maps applicable to land within the City and issued by FEMA through a Letter of Map Revision ("LOMR") or Physical Map Revision ("PMR") shall be conveyed to the City Council by written technical report within sixty (60) days of having been received by the City.

3.

The boundaries of the West Harvard Gulch Flood Hazard Area as shown on Sheets 13 and 14 in a report entitled "Flood Hazard Area Delineation, Harvard Gulch, West Harvard Gulch, and Dry Gulch" dated December 1979 by Gingery Associates, Inc., and approved by the Colorado Water Conservation Board on January 30, 1980.

4.

Flood Hazard Area delineated as Harvard Gulch and Dry Gulch prepared by Matrix Design Group in February of 2017, and approved by the Colorado Water Conservation Board on January 23, 2018.

5.

Floodproofing Study and Outfall System Plan (OSP) Update prepared by Calibre Engineering on June 11, 2019 and revised on March 17, 2020.

The above official flood studies are hereby adopted by reference and declared to a part of this Title, including any updates or latest official versions of these studies or maps.

B.

Basis for Establishing Special Flood Hazard Areas. The City hereby establishes floodplains and floodways whose boundaries are those of the designated 100-year floodplain, special flood hazard areas and the designated floodways as are shown or tabulated in the Flood Insurance Study for the City of Englewood and on the above referenced studies.

C.

Compliance. No structure or land located in a special flood hazard area shall hereafter be constructed, located, extended, converted, altered or have its use changed without full compliance with the terms of this Chapter and all other applicable regulations. These regulations meet the minimum requirements set forth by the Colorado Water Conservation Board and the National Flood Insurance Program.

1.

Floodplain Development Permit. A floodplain development permit shall be required prior to commencement of any construction or other development to ensure conformance with the provisions of this chapter.

2.

Certificate of Compliance.

a.

No vacant land shall be occupied or used and no building shall be hereafter erected, altered, or moved on the floodplains of any watercourse, nor shall such buildings be occupied, until a certificate of compliance has been issued by the Floodplain Administrator.

b.

The applicant shall submit a certification by a registered Colorado professional engineer to the Floodplain Administrator that the finished fill and building floor elevations, floodproofing measures, or other protection factors were accomplished in compliance with the provisions of this Chapter. This certification shall also state whether or not the structure contains a basement. Within 15 days after receipt of such certification from the applicant, the Floodplain Administrator shall issue a certificate of compliance only if the building or premises and the proposed use thereof, conform with all of the requirements of this Chapter.

D.

Abrogation and Greater Restrictions. The regulations of this Chapter shall be construed as being supplementary to the regulations imposed on the same lands by the underlying zone classification. This Chapter is not intended to repeal, abrogate, or impair any existing easement, covenants, or deed restrictions. However, where this Chapter and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall apply.

E.

Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall be deemed neither to limit nor repeal any other powers granted under state statutes.

F.

Warning and Disclaimer Liability. The degree of flood protection intended to be provided by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Larger floods may occur on occasions, or the flood height may be increased by man-made obstacles or natural causes, such as ice jams, and bridge, culvert, and drainage openings restricted by debris.

This chapter does not imply that the areas outside of special flood hazard areas or land uses permitted within such areas will always be free from flooding or flood damages. This Chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

G.

Severability. See EMC § 16-1-7 (Severability).

A.

Permitted Uses. The following open uses shall be permitted within a special flood hazard area to the extent that they are not prohibited in a particular area by any underlying zone district classification:

1.

Agricultural uses, such as general farming and the raising of plants, flowers, and nursery stock.

2.

Public and private recreational uses such as parks, swimming areas, golf courses, driving ranges, picnic grounds, fishing, and hiking and biking trails not requiring permanent or temporary structures designed for human habitation.

3.

Utility facilities such as: flowage areas, transmission lines, pipelines, water monitoring devices, roadways and bridges.

4.

All uses allowed by the underlying zone district classification within a special flood hazard area shall be permitted as long as the use complies with conditions set forth in EMC § 16-10-5.B.

B.

Similar Uses. Uses very similar in nature to permitted uses may be allowed by the Floodplain Administrator, provided that they are consistent with the provisions of this Chapter.

C.

Nonconforming Uses. Existing nonconforming uses in a special flood hazard area may be modified, altered, or repaired to incorporate floodproofing measures; but such nonconforming uses shall not be expanded.

A.

Floodplain Administrator. The City Manager or designee shall be the Floodplain Administrator and shall enforce the provisions of this Chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. The Department of Public Works shall provide the Floodplain Administrator with a technical review of all applications to build within the floodplain or a drainage way prior to the issuance of a floodplain development permit.

B.

Duties and Responsibilities. The Floodplain Administrator's duties and responsibilities shall include the following:

1.

Maintain and hold open for public inspection all records pertaining to the provisions of this Chapter. For all new or substantially improved structures the Floodplain Administrator shall maintain the following information:

a.

The actual elevation (in relation to mean sea level) of the lowest floor (including basement).

b.

The actual elevation (in relation to mean sea level) to which the structure has been floodproofed.

c.

The floodproofing certifications required in EMC § 16-10-8.

2.

Review all applications within 15 working days for floodplain development permits required by this Chapter. Such review shall:

a.

Determine whether such construction or development is located within a special flood hazard area.

b.

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.

Determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

d.

Consider the following:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

The relationship of the proposed use to the Comprehensive Plan.

(8)

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

(9)

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.

(10)

The costs of providing governmental services during and after flood such as sewer, gas, electrical, and water systems, and streets and bridges.

(11)

Flood barriers, including fences, which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

3.

Review all building permit applications for construction or development in a special flood hazard area within 15 working days. Approval of a building permit shall be deemed to neither limit nor repeal any other powers granted under state statutes. Applications for building permits shall be reviewed on a case-by-case basis to:

a.

Determine if the proposed development is located in a special flood hazard area.

b.

Assure the building site will be reasonably safe from flooding.

c.

Assure all necessary permits have been obtained from the federal, state, or local governmental agencies from which prior approval is required.

d.

Assure all new construction and substantial repairs, improvements, or alterations shall be made in accordance with the minimum floodproofing criteria specified in EMC § 16-10-8, or elevation criteria in EMC § 16-10-5.B.2.

e.

Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this Chapter, including proper elevation of the structure.

4.

Interpret, where needed, the exact location of the boundaries of special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to present a case to the Floodplain Administrator and to submit supporting technical evidence. The decision of the Floodplain Administrator may be appealed as provided in EMC § 16-10-11.

5.

When base flood elevation data has not been provided in accordance with EMC § 16-10-6, 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 this Chapter.

6.

Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is 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.

7.

When a regulatory floodway has not been designated, the Floodplain Administrator shall require that 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.

8.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, the Floodplain Administrator may approve certain development in Zones A1-30, AE, AH, on the 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), fulfill the requirements of such revisions as established under the provisions of Section 65.12 and receives FEMA approval.

9.

Shall keep a copy of the Flood Insurance Study (FIS), DFIRMS, FIRMS on file and available for public inspection.

A.

Floodplain Development Permit Process.

1.

Application. A Floodplain Development Permit shall be obtained before a building permit may be issued or construction or development begins on lands within a special flood hazard area as identified in EMC § 16-10-2,A. Application for a floodplain development permit shall be made on forms provided by the City and may include, but is not limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of proposed landscape alterations; existing and proposed structures; fill, storage of materials, and drainage facilities; and the location of the foregoing in relation to special flood hazard areas. Specifically, the following information is required:

a.

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

b.

Elevation (in relation to mean sea level) to which any nonresidential structure shall be floodproofed;

c.

A certificate from a registered Colorado professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of EMC § 16-10-8; and

d.

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

2.

Decision of Floodplain Administrator is to be Based on Certain Factors. The determination of the Floodplain Administrator on each floodplain development permit shall be based on applicable provisions of this Chapter and the following relevant factors:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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;

g.

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;

h.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and

i.

The relationship of the proposed use to Englewood Forward Comprehensive Plan, as amended.

3.

Floodplain Administrator Decisions on Permits for Public Facilities or Utility Development in a Floodway. Subject to EMC § 16-10-78, the Floodplain Administrator shall act on an application for public facilities or utility development in a floodway within 30 days from receiving the application.

4.

Conditions Attached to Development Permits. Upon consideration of the factors listed above and the purposes of this Chapter, the Floodplain Administrator shall attach such conditions, in addition to those required by the floodplain development permit, as are necessary to further the purposes of this Chapter. Such conditions may include specifications for, without limitation because of, specific enumeration, modification of waste disposal methods and facilities, landscaping, period of operation, operational controls, sureties, deed restriction, and adequate floodproofing.

B.

Floodplain Development Permit Criteria.

1.

Structures Accessory to Open Uses. Structures accessory to open uses permitted in EMC § 16-10-3, whether temporary or permanent, may be permitted only upon a determination by the Floodplain Administrator that:

a.

Structures will not be designed for human habitation.

b.

Structures will have low flood damage potential.

c.

The structure or structures, if permitted, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.

(1)

Whenever possible, structures will be constructed with the longitudinal axis parallel to the direction of flow of floodwaters.

(2)

So far as is practicable, structures will be placed so that their longitudinal axis are approximately on the same line as those of adjoining structures.

(3)

Structures will be firmly anchored to prevent the structure or building from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream or river.

(4)

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

(5)

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

(6)

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 and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

2.

Other Structures, Temporary or Permanent, to be Occupied by People. Other structures, whether temporary or permanent, which are to be occupied by people, may be permitted only upon a finding by the Floodplain Administrator that:

a.

Such structures shall comply with EMC § 16-10-5; and EMC § 16-10-8.

b.

The lowest floor, including the basement, of any structure to be erected, constructed, reconstructed, or moved on or within a special flood hazard area, shall be constructed at or above a point 1 foot above the 100-year flood elevation for the particular area and the fill shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon.

c.

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

3.

Fills or Deposition of Materials. Fills or deposition of materials may be permitted only upon a finding by the Floodplain Administrator that:

a.

Any fill or deposition of materials will comply with applicable sections of this code or any other city code, standard. or specification.

b.

The fill or deposition of materials will have some beneficial purpose and the amount thereof will not be greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put.

c.

The fill or deposition of materials does not encroach on that portion of the floodplain, which would have significant and perceptible flow during the flood, and which for that reason would help convey the floodwaters.

d.

The fill or other materials will be protected against erosion by riprap, strong vegetative cover, or bulkheading.

4.

Storage or Processing of Materials. The storage or processing of materials that are buoyant, flammable, explosive, or in time of flooding, could be injurious to human, animal or plant life, shall be above the flood protection elevation for the particular area or floodproofed in compliance with EMC § 16-10-8. Solid waste disposal facilities, such as salvage yards or areas for the dumping of refuse or the storage of non-operable vehicles, shall not be permitted.

The following regulations shall apply to all uses within a special flood hazard area, notwithstanding that such uses may be specifically permitted under the terms of this Chapter:

A.

Flood Protection Elevation or Height. The flood protection elevation or height shall correspond to a point 1 foot above the base flood elevation or "flood profile" shown on or attached to the FIRM.

B.

Flood-Carrying Capacity. No floodplain uses shall adversely affect the efficiency of, or unduly restrict the capacity of any channel, any tributary to any main stream, drainage ditch, or any other drainage facility or systems; nor shall any watercourse be altered or restricted unless the flood-carrying capacity of the watercourse shall be maintained.

C.

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

1.

All new construction or 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;

2.

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

3.

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

4.

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

5.

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

6.

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

7.

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

8.

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 or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

D.

Specific Standards. In all special flood hazard areas where base flood elevation data has been provided as set forth in EMC §§ 16-10-2.B, 16-10-4.B.4, or 16-10-10.D, the following provisions 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 1 foot above the base flood elevation. A registered Colorado professional engineer, architect, or land surveyor shall certify and submit the elevation of the lowest floor, including basement, to the Floodplain Administrator.

2.

Nonresidential Construction. With the exception of Critical Facilities, outlined in EMC § 16-10-6.H, new construction and substantial improvements 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 1 foot above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that at 1 foot above the base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

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. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.

3.

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:

a.

A minimum of 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided.

b.

The bottom of all openings shall be no higher than 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.

4.

Manufactured Homes.

a.

Zones A1-30, AH and AE: All manufactured homes that are placed or substantially improved on sites (i) outside of a manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision; or (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 1 foot above the base flood elevation and are securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

This Subsection shall apply in an expansion to an existing manufactured home park or in an existing manufactured home park where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced.

b.

Zones A1-30, AH, and AE: Manufactured homes, in an existing manufactured home park, not subject to the provisions of 4.a. above shall be elevated so that either:

(1)

The lowest floor of the manufactured home and electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities (including ductwork) are 1 foot above the base flood elevation, or

(2)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

Manufactured homes shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes shall be elevated and anchored to resist flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Any additions to the manufactured home shall be similarly anchored.

5.

Recreational Vehicles. Recreational vehicles placed on sites within Zones A1-30, AH, and AE shall either:

a.

Be on the site for fewer than 180 consecutive days,

b.

Be fully licensed and ready for highway use, or

c.

Meet the permit requirements of EMC § 16-10-5.B and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this Subsection. 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.

E.

Standards for Areas of Shallow Flooding (AO/AH Zones). Located within special flood hazard areas established in EMC § 16-10-2.A are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

1.

Residential Structures: All new construction and substantial improvements shall 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 1 foot above the depth number specified in feet on the FIRM (at least 3 feet if no depth number is specified).

Upon the 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.

Non-residential Structures: With the exception of Critical Facilities, outlined in EMC § 16-10-6.H, all new construction and substantial improvements shall:

a.

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 1 foot above the depth number specified in feet on the FIRM (at least 3 feet if no depth number is specified), or;

b.

Together with attendant utility and sanitary facilities, be designed so that the structure is watertight to at least 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 of effects of buoyancy.

Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado professional engineer or architect. Such certification shall be submitted to the Floodplain Administrator.

3.

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

F.

Alteration of a Watercourse. 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 City of Englewood 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 that a 0.00-foot rise in the proposed conditions compared to existing Floodway conditions 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 EMC § 16-10-6.D.

7.

Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

G.

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 1 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 1 foot above the Base Flood Elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facility be designed so that the structure or addition is watertight to at least 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 of effects of buoyancy.

H.

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. It is the responsibility of the City to identify and confirm that specific structures in the community meet the following criteria. Critical Facilities are classified under the following categories: 1. Essential Services; 2. Hazardous Materials; 3. At-risk Populations; and 4. Vital to Restoring Normal Services.

1.

Essential Services. 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:

a.

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

b.

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);

c.

Designated emergency shelters;

d.

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 conduit);

e.

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

f.

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).

g.

Exemptions.

(1)

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.

(2)

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the City 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 Section, 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 on an as-needed basis upon request.

2.

Hazardous Materials. Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.

a.

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 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 this ordinance, but exclude later amendments to or editions of the regulations.

b.

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 Section.

3.

At-risk Population. At-risk population facilities include medical care, congregate care, and schools. These facilities consist of:

a.

Elder care (nursing homes);

b.

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

c.

Public and private schools (preschools, K-12 schools), before-school and after-school care serving 12 or more children);

4.

Vital to Restoring Normal Services. Facilities vital to restoring normal services including government operations. These facilities consist of:

a.

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

b.

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

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

5.

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 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 2 feet above the Base Flood Elevation.

6.

Ingress and Egress for New Critical Facilities. New Critical Facilities shall, when practicable as determined by the City, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

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 (see definition of Floodway in EMC § 16-13-3. Located within special flood hazard areas established in EMC § 16-10-2.A are area designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions shall apply:

A.

Prohibit encroachments, including fill, new construction, additions outside of the structure's existing footprint, substantial improvements, and other development unless it has been demonstrated through hydrologic and hydraulic analyses performed by a registered Colorado professional engineer in accordance with standard engineering practice that the proposed encroachments shall not result in any increase in flood levels (a No-Rise Certification is required) during the occurrence of the base flood discharge.

B.

If Subsection A., above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section. The Floodplain Administrator shall act on an application in the manner above described within 30 days from receiving the application.

C.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community 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 revision through FEMA.

A.

All new construction and substantial improvements of non-residential structures within zones A-AE on the FIRM that do not have the lowest floor, including basement, elevated to or above the base flood level shall be floodproofed. All floodproofed structures, together with attendant utility and sanitary facilities, shall be so designed that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. The Floodplain Administrator shall require that the applicant submit a plan or document certified by a registered Colorado professional engineer that the floodproofing measures are consistent with the flood protection elevation for the particular area.

B.

Floodproofing measures include the following:

1.

Anchorage to resist flotation and lateral movement.

2.

Installation of watertight doors, bulkheads and shutters.

3.

Reinforcement of walls to resist water pressures.

4.

Use of waterproof paints, membranes, or mortars to reduce seepage of water through walls.

5.

Addition of mass or weight to structures to resist flotation.

6.

Installation of pumps to lower water levels in structures.

7.

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

8.

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

9.

Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures.

10.

Construction to resist rupture or collapse caused by water pressure or floating debris.

11.

Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

12.

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

13.

Other floodproofing measures certified by a registered Colorado professional engineer to be consistent with the flood protection elevation for the particular area.

C.

Where a non-residential structure is intended to be made watertight below the base flood level, a registered Colorado professional engineer 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 for meeting the applicable provisions of EMC § 16-10-5.

The boundaries of the Special Flood Hazard Areas shall be subject to periodic review and shall be amended in the manner provided by law, to conform to any revised, corrected or additional hydrological data available from Federal, State or regional agencies or from a consulting engineer retained by the City.

A.

All subdivision proposals including the placement of manufactured home parks and subdivisions shall be designed to minimize flood damage.

B.

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 flood damage.

C.

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

D.

Base flood elevation data shall be provided for subdivision proposals and other proposed developments including the placement of manufactured home parks and subdivisions that contain at least 50 lots or 5 acres, whichever is less, if not otherwise provided pursuant to EMC § 16-10-2.B and EMC § 16-10-4.

E.

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet requirements of EMC § 16-10-5.

A.

General. The Planning and Zoning Commission shall hear and decide appeals and requests for variances from the requirements of this Chapter.

1.

Appeals and floodplain variance requests shall be processed pursuant to the general zoning appeals and variances requirements of Chapter 2.

2.

Those aggrieved by the final decision of the Commission may appeal such decision by appropriate legal action to a court of record having jurisdiction. Such appeal shall be filed no more than 30 days from the date of the Commission's final decision.

B.

Appeals. The Commission shall hear and decide appeals only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.

C.

Variances.

1.

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

2.

Any applicant to whom a variance is granted to build the lowest floor elevation below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

3.

Variances may be issued for new construction and substantial improvements to be erected on a lot of acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant items EMC § 16-10-4.B.2 have been fully considered. As the lot size increases beyond 0.5 acre, the technical justification required for issuing the variance increases.

4.

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.

5.

In passing upon a Floodplain Variance application, the Commission shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this Title.

6.

Criteria for Considering a Floodplain Variance. The Commission shall grant a Floodplain Variance only upon a showing of good and sufficient cause and determination that:

a.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

b.

Failure to grant the Floodplain Variance would result in exceptional hardship to the applicant; and

c.

The granting of a Floodplain 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, or conflict with existing local laws.

7.

Upon consideration of the above and the intent of this Chapter, the Commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Chapter.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without being in full compliance with the terms of this Chapter and other applicable regulations. Enforcement of the provisions of this Chapter shall be pursuant to EMC § 16-1-9.