(a)

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

(b)

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards 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. No. 711, § 1, 2-17-2022)

The Council finds that there are, within the town, floodplains which constitute natural hazards of state and local interest, that flooding may cause serious damage to properties and subject residents of such areas to hazards, that the occupation of such areas may cause the loss of human life and the destruction of property, and that the use and occupation of these areas may pose a continuing and greater future damage to life and property unless appropriate regulations are adopted concerning the use and occupation of such hazard area. The Council further finds that flood losses are caused by the cumulative effect of obstructions and improvements in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, under elevated, or otherwise unprotected from flood damage also contribute to the flood loss.

The purpose of these regulations is to promote the public health, safety and general welfare, and minimize flood hazards and losses by provisions designed to:

(1)

Promote sound planning and land use, and permit only such uses within floodplains that will not endanger life, health and public safety or property in times of flooding; and

(2)

Protect the public from avoidable financial expenditures for flood control projects, flood relief measures, and the repair and restoration of damaged public facilities; and

(3)

Prevent avoidable interruption of business and commerce; and

(4)

Attempt to maintain floodplain maps to assist all persons in identifying areas of special flood hazards; and

(5)

Facilitate the administration of flood hazard areas by establishing requirements that must be met before use or development is permitted; and

(6)

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

(7)

Help maintain a stable tax base by providing for a second use and development of areas of special flood hazard so as to minimize future flood blight areas; and

(8)

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

(9)

Require that uses which are vulnerable to flooding, including public facilities shall be protected against flood damage at the time of initial construction; and

(10)

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

(11)

Ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

(Ord. No. 711, § 1, 2-17-2022)

Annual high water mark means the visible line on the edge of a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence interval of one year or less) so as to create a distinct character with respect to vegetation and the nature of the soil.

Aquifer recharge area means an area where water is absorbed into a natural aquifer adding to the zone of saturation.

Area of special flood hazard means the land in a floodplain subject to a one percent chance or greater of flooding in any given year, and, those zones on the flood insurance rate map ("FIRM") designated as A, AO, AE AH, AR A99, X or D zones, as well as any floodway designated or to be designated within the floodplain.

Base flood means a flood having a one percent chance of being equaled or exceeded in any given year. In the context of this article, base flood is used interchangeably with "100-year-flood" or "one percent chance flood."

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.

Base floor elevation or base floor means the lowest actual floor by elevation, in the structure, including basement irrespective of use of the floor space or of the structure itself.

Basement means the definition of "basement" as set forth in the most recent version of the International Building Code adopted by the town.

Berm means a mound of earth used to screen or separate one area from another to reduce visual, noise and similar impacts of development. "Berm" may also mean the act of pushing earth into a mound.

Best management practice (BMP) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures and practice to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.

Channel means a natural or artificial watercourse with definite bed and banks which confines or conducts continuously or intermittently flowing water.

Conditional letter of map revision (CLOMR) means FEMA's comment on a proposed project which does not revise an effective floodplain map that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Critical facility means a structure or related infrastructure, but not the land on which it is situated, as defined by the state water conservation board, a division of the department of natural resources, rules and regulations for regulatory floodplains—Rule 6: "Critical Facilities" dated November 17, 2010, 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.

Critical feature of flood control system means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

Detention basin means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets.

Elevation reference mark-RMI means the reference mark on the FIRM map at elevation 6336.539, consisting of a brass disk, stamped "Z27 1933," located 104.0 feet west of northwest corner of the Denver and Salt Lake Railway Station, approximately 53.0 feet from the center of the road leading to the station, feet west of an irrigation ditch, and 280 feet south of the south rail of the main tract, and set in the top of a concrete post.

Existing manufactured home park or manufactured home subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the town.

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).

FEMA means Federal Emergency Management Agency.

Fill means a deposit of materials of any kind placed by artificial means.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of water from channels and reservoir spillways;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source; or

(3)

Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas, such as earth carried by a current of water and deposited along the path of the current.

Flood hazard area permit means an official document required by this article for development or construction in an area of special flood hazard.

Flood insurance rate map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and risk premium zones applicable to the community.

Flood insurance study (FIS) means the official report provided by FEMA. The report contains the FIRM as well as flood profiles for studied flooding courses that can be used to determine BFE for some areas.

Floodplain or flood prone area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Floodplain administrator means the town manager.

Flood proofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real property, water and sanitary facilities, the structures and their contents.

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 used for all newly studied reaches shall be one-half foot.

Letter of map revision (LOMR) means FEMA's official revision of an effective 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 BFEs or SFHA.

Letter of map revision based on fill (LOMR-F) means FEMA's modification of the SFHA shown on the FIRM based on placement of fill outside the existing regulatory floodway.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating or recreation, or any combination thereof. This includes any floor that could be converted to such a use, such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood-resistance 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 non-elevation design requirement of section 60.3 of the National Flood Insurance Program regulations.

Management agency means the agency in charge of the "208 Water Quality Plan" in the Hayden area.

Manufactured home for the purpose of flood regulations 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."

Mean sea level means, for purposes of the national flood insurance program, the national geodetic vertical dam (NGVD) of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Obstruction means any development, stockpile, refuse or matter in, along, across or projecting into any floodplain which might impede, retard or change the direction of a flow of water, either by itself or by collecting debris carried by such water.

Official maps or map means the FIRM map (see above) and all associated floodplain maps used by the administrator.

Program deficiency means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the NFIP standards in §§ 60.3, 60.4, 60.5 or 60.6.

Regulatory flood protection elevation means the topographic elevation of one foot above the water surface elevation of the base flood.

Retention basin means a pond, pool or basin used for permanent storage of water runoff.

Risk premium zone means a zone as specified on the FIRM map as zones A through A99, X and D.

Special flood hazard area (SFHA) means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before start of construction of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or

(2)

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

Watercourse means a natural or artificial channel, depression, dry wash, slough, gulch, arroyo, stream, creek or drainage way, pond, reservoir or lake in which water flows either continuously, intermittently or periodically.

Water surface elevation means the height, in relation to the NGVD of 1988 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Zone A means a zone on the FIRM map containing areas of 100-year flood where base flood elevations and flood hazard factors have not been determined.

Zone AE means areas of 100-year shallow flooding where depths are between one and three feet and base flood elevations are shown but no flood hazard factors are determined.

Zone AH means areas of 100-year shallow flooding where depths are between one and three feet where average depths of inundation are shown but no flood hazard factors are determined.

Zone AO means a zone on the FIRM map containing areas of 100-year flood where base flood depths of one to three feet average depths have been determined. For areas of alluvial fan flooding, velocities are also determined.

Zone AR means a zone on the FIRM map containing areas of special flood hazard formerly protected by a flood control system that was subsequently decertified. "Zone AR" indicates that the former flood control system is being restored to provide protection form the one percent annual chance or greater flood event.

Zone A99 means area to be protected from one percent annual chance flood event by a federal flood protection system under construction; no base flood elevations determined.

Zone X means areas of 0.2 percent annual chance flood; areas of one percent annual chance flood with average depths of less than one foot or with drainage areas less than one square mile; areas protected by levees from one percent annual chance flood.

Zone D means areas in which flood hazards are undetermined, but possible.

(Ord. No. 711, § 1, 2-17-2022)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(Ord. No. 711, § 1, 2-17-2022)

This chapter 10.32 applies to all lands within the Town of Hayden which are in areas of special flood hazard, as determined by the FIRM map, as the map may be amended from time to time.

(Ord. No. 711, § 1, 2-17-2022)

The areas of special flood hazards, as amended, identified by the Federal Insurance Administration, is a scientific and engineering report, entitled "Flood Insurance Study for Hayden," dated December 1977, with accompanying Flood insurance rate map ("FIRM"), effective February 4, 2005, is hereby adopted and declared to be a part of this chapter 10.32.

(Ord. No. 711, § 1, 2-17-2022)

No structure or land located within the Town of Hayden and within an area of special flood hazards, shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.

(Ord. No. 711, § 1, 2-17-2022)

This chapter is not intended to repeal, abrogate or impair any existing easement, covenants, deed restrictions or existing zoning or subdivision ordinances. Where this article and other articles conflict or overlap, whichever imposes the more stringent restriction shall prevail. Nothing in this article shall be construed as exempting an applicant for a flood hazard area permit, as defined in this article, from any other requirement of this jurisdiction or from other state or federal laws and regulations. In particular, the requirements of this article shall be supplementary to the requirements of the zoning and subdivision articles of this Code, and said Code shall apply in all cases.

(Ord. No. 711, § 1, 2-17-2022)

(a)

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

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit or repeal any other powers granted under state statutes.

(b)

Exemptions—nonconforming structures or uses. The provisions of this article shall not apply to a nonconforming structure or use existing on the date the area in which the nonconforming structure or use is located becomes subject to this article. When such nonconforming use is discontinued for six months or more, or when such nonconforming structure is damaged or destroyed by flood, fire, wind or any other means to the extent of at least 50 percent of the market value, as determined by the permitting authority any reuse, reconstruction or replacement of such structure or use shall be deemed a new use and shall be subject to the provisions of this article including the requirement to apply for and obtain a flood hazard area permit. Nonconforming structures or uses shall not be expanded upon or, if removed, shall not be reinstalled or reconstructed as nonconforming structures or uses without being considered new structures or uses and becoming subject to this article. Substantial improvement, as herein defined, to any nonconforming structure or use will be permitted if, and only if, the structure or use is designated as a conforming structure or use and all other applicable provisions of this article have been met, subject to the provisions of article 3: zoning. Moreover, the provisions of this article shall not apply to any device or structure reasonably held necessary for the diversion or storage of water or for flood control or prevention, so long as such device or structure has been appropriately designed and constructed to minimize potential flood hazards.

(c)

Interpretation of official maps. Where interpretation is needed as to the exact location of the boundaries of floodplain or portions thereof, the administrator may reasonably utilize any base flood elevation and floodway data by referring, as necessary, to the flood insurance study of Hayden, to the professional engineers who prepared the study, to the Colorado Water Conservation Board (CWCB), and/or the federal insurance administration, a division of the Federal Emergency Management Agency (FEMA). If available, the elevation tables shall be the governing factor in determining accurate boundaries and shall take precedence over the boundaries shown on the map.

(Ord. No. 711, § 1, 2-17-2022)

The degree of flood protection required by this article 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 article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on part of the town, any officer or employee thereof, or the Federal Emergency Management Agency, or the state water conservation board, for any flood damages that may result from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. No. 711, § 1, 2-17-2022)

A permit shall be obtained before construction or development begins within any area of special flood hazards. Application for a permit shall be made on forms furnished by the town.

(Ord. No. 711, § 1, 2-17-2022)

The manager shall act as the floodplain administrator under this chapter.

(Ord. No. 711, § 1, 2-17-2022)

The duties and responsibilities of the floodplain administrator shall include the following:

(1)

Permit review.

a.

Review all flood hazard area permits to determine that the permit requirements of this article have been satisfied;

b.

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

c.

Review all flood hazard area permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of this article are met; and

d.

Review all flood hazard area permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. The cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one-half foot at any one point.

e.

Pursuant to this article, undertake all necessary enforcement measures required for the proper administration of this article.

(2)

Permit issuance.

a.

Issue or deny a flood hazard area permit for any proposal for which is found to be in conformance or noncompliance with the requirements of these regulations.

b.

In addition to the development standards and requirements contained herein, the floodplain administrator shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. In addition, although not limited to such factors, the administrator shall consider the following factors:

1.

The probability that materials may be swept onto other lands or downstream to the injury of others.

2.

The proposed water supply and sanitation systems and other utility systems and the ability of these systems to prevent disease contamination and unsanitary or hazardous conditions during and after a flood.

3.

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

4.

The availability of alternative locations not subject to flooding for the proposed use.

5.

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

6.

The expected heights velocity, duration, rate of rise and sediment transport of the floodwater at the site.

7.

The existence of flood warning systems to notify floodplain occupants of impending floods.

8.

The cumulative effect of the proposed development, with other existing or anticipated uses, in increasing potential flood hazards.

(c)

Obtain and maintain information. Maintain for public inspection all records and files pertaining to the provisions of this article, including actual elevation(s) of construction and development in the floodplain; flood proofing and elevation certifications; and any interpretations made as to the exact location of the boundaries of the areas of special flood hazards.

(d)

Alteration of watercourses. The administrator shall notify Routt County and the state flood coordinating agency which, is presently 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; and, require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished. This may require the Council entering into a contractual arrangement with the permit applicant prior to issuance of the flood hazard area permit. Before any alterations to watercourses, the applicant shall present to the administrator copies of all permits or applications therefore required by federal and state agencies for alterations of the floodplain including CWCB, FEMA and the US Army Corp of Engineers.

(e)

Amendments. The requirements, restrictions and boundaries set forth in this article may from time to time be amended, supplemented, changed or repealed in accordance with the procedures set forth below:

(1)

Amendments to the requirements or restrictions of this article or to the boundaries on the official maps and any adopted reports or supporting materials, shall be officially made by the Council only after such changes are reviewed by the planning and zoning commission, legal notification to the public, official approval and designation of the base flood data by the Colorado Water Conservation Board, review by the Federal Emergency Management Agency, publication in full of the ordinance adopting such maps and supporting materials, filing of not less than three copies of such adopting ordinance with the town clerk at least 15 days before the public hearing, and a public hearing.

(2)

After adoption of such maps and supporting materials, at least one copy of the adopting ordinance shall be kept on file with the administrator.

(3)

All expenses associated with amendments initiated by an application for a flood hazard area permit shall be paid by the permit applicant.

(f)

Severability. If any article, clause, provision, portion or portions of the article should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby and is hereby declared to be necessary for the public health, safety and welfare.

(Ord. No. 711, § 1, 2-17-2022)

(a)

The board of adjustments shall hear and decide appeals and requests for variances from the requirements of this article.

(1)

The BOA shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination by the administrator in the enforcement of this article.

(2)

All appeals to the BOA must be filed with the BOA not later than 30 days after the date of the decision of the administrator.

(3)

Those parties aggrieved by a final decision of the BOA may appeal such decision to the Council. All appeals to the Council must be filed with the town clerk not later than 30 days after the date of the decision of the BOA.

(4)

In passing upon such applications, the BOA shall consider recommendations and comments of the planning commission and the administrator, all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and the impact that the application may have on the following:

a.

The danger that material 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 application and its contents to flood damage and the effect of such damage on the individual owner;

d.

The importance of the services provided by the proposed application to the town;

e.

The necessity to the application of a location in close proximity of floodways where applicable;

f.

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

g.

The compatibility of the proposed application with the existing and anticipated development in the surrounding area;

h.

The relationship of the proposed application to the comprehensive plan;

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 floodwater and the effects of wave action, if applicable, expected at the site;

k.

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

l.

Any other relevant evidence submitted by the administrator, the Colorado Water Conservation Board, the applicant, or other interested parties.

(5)

Upon consideration of the factors mentioned above and the purposes of this article, the appeals board may attach such conditions to the granting of a variance as is deemed necessary to further the purposes of this article.

(6)

The administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Colorado Water Conservation Board and the Federal Emergency Management Agency.

(b)

Conditions for variances. Variances may be issued for the following:

(1)

New construction and substantial improvements to be erected on a lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing all items in this article have been fully considered.

(2)

For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the Colorado Inventory of Historic Places.

(3)

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

(4)

Variances shall only be issued upon a determination of the following

a.

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

b.

A showing of good and sufficient cause;

c.

That the failure to grant the variance would result in exceptional hardship to the applicant; and

d.

That the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances or conflict with existing local laws or ordinances.

(5)

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

(6)

The administrator reviewing the permit application may waive any of the requirements specified above or require additional information, depending upon the scope of development and construction as well as the specific location within the floodplain including, but not limited to, detailed plans regarding site specific analysis, both natural and man-made, existing and proposed roads, parking and open space, grading plan, utility plan, landscaping plan and any other information deemed necessary by the administrator.

(c)

Enforcement and penalties.

(1)

The administrator is hereby empowered and directed to inspect and examine the use, occupation or development of floodplain subject to this article for the purpose of determining from time to time whether any use, occupation, development or activity is in violation of any of the provisions of this article or in violation of any permit issued or required pursuant to these or other applicable ordinances.

(2)

Prior to the issuance of a certificate of occupancy, a structure(s) built after issuance of a flood hazard area permit is to be inspected to assure that it was built in full compliance with the permit and applicable requirements. In addition, the administrator shall require the applicant to obtain a certificate from a registered professional or licensed land surveyor, licensed in the State of Colorado, indicating the as-built elevation of the base floor of any building or the as-built flood proofed elevation of any flood proofed non-residential structure located in the floodplain, is in compliance with all provisions of this article.

(3)

If a violation of this article is found to exist, the administrator shall, by written order to the violator, direct that action be taken immediately to result in full compliance with the applicable provisions of this article. No certificate of occupancy shall be issued until the flood hazard area permit applicant has made sufficient remedial measures and mitigation actions necessary to comply with the requirements of this article to the full satisfaction of the administrator and to ensure the issuance of flood damage insurance by the appropriate agency.

(4)

However, the issuance of such compliance order by the administrator shall in no way or manner be the sole or exclusive enforcement proceedings as are set forth in this article. Provided further that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of these regulations in any court action instituted seeking full compliance therewith.

(d)

Violations. It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of this chapter. Any violation of this chapter is punishable by a fine of up to $500.00 or imprisonment for a period not to exceed 90 days, or both such fine and imprisonment. The administrator may restrain and prevent occupancy of a building, structure or land in violation of this article.

(Ord. No. 711, § 1, 2-17-2022)

The following standards shall apply in all areas of special flood hazards:

(1)

Prohibited Uses. No development, alteration in, on or over areas of special flood hazards shall be permitted which alone or cumulatively with other such uses would cause or result in:

a.

The storing or processing of materials that are buoyant flammable explosive, radioactive or otherwise potentially injurious to human or plant life.

b.

The disposal of garbage or other solid or liquid waste materials.

c.

The potential of substantial solid debris or waste being carried downstream.

(2)

Utilities.

a.

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

b.

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

c.

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

d.

All water systems and waste disposal systems shall be located so as to minimize the encouragement of further residential commercial or industrial development in the floodplain; and

e.

Electrical heating ventilation, plumbing and air conditioning equipment or other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(3)

Subdivision proposals.

a.

All subdivision approvals shall be consistent with the need to minimize flood damage; and

b.

All subdivision proposals shall reflect public utilities and facilities such as sewer gas electrical and water systems located and constructed to minimize flood damage; and

c.

All subdivision proposals shall have adequate site drainage provided to reduce exposure to flood damage; and

d.

Base flood elevation data using, as an initial reference point elevation reference mark - RMI shall be provided with subdivision proposals and other proposed development which contain at least 25 lots or five acres, whichever is less. If it becomes necessary to interpret the official maps or make necessary base flood elevation decisions, provisions of this article shall apply.

e.

These standards shall be reviewed and evaluated during the processing and review of the subdivision approval process, as required by this Code. If this article is in conflict with these standards the most stringent shall apply.

f.

Additional standards which shall apply to zoning and subdivisions in areas of special flood hazards are as follows:

1.

Every lot shall have a building site which is located entirely above the base flood elevation.

2.

No structures, pavement or development shall be planned in a designated floodway unless it can be demonstrated that the base flood conditions are not altered.

3.

Streets should be located above the level of the base flood.

(4)

Anchoring.

a.

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

b.

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the- top and frame ties to ground anchors. Minimum requirements shall be that:

1.

Over-the-top ties 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 50 feet long requiring one additional tie per side; and

2.

Frame ties be provided at each corner of the manufactured home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side; and

3.

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

4.

Any additions to the manufactured homes shall be similarly anchored to resist flotation, collapse and lateral movement.

(5)

Construction materials and methods.

a.

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

b.

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

c.

Where fill is utilized as a method of elevation of a structure, such fill shall extend 15 feet beyond the exterior walls of the structure.

d.

Grading and preparation of fill shall meet the standards set forth in Chapter 70, "Grading and Excavation," of the Uniform Building Code (1985 Edition), or as adopted.

e.

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 floodwaters. 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: 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(Ord. No. 711, § 1, 2-17-2022)

(a)

In all areas of special flood hazards where base flood elevation data has been provided by FIRM map, charts and graphs, the following provisions are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure shall have the base floor elevated to or above the regulatory flood protection elevation.

(2)

Non-residential construction. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the base floor elevated to the level of the regulatory flood protection elevation or together with requisite utility and sanitary facilities, meet the following requirements:

a.

Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; and

b.

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

c.

Provide that where a nonresidential structure is intended to be made watertight below the base flood level, (i) a registered 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 for meeting the applicable provisions of this section, and (ii) a record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained with the official designated by the town.

(b)

Specific standards where base flood elevations are not provided.

(1)

Areas of unknown base flood elevations. In all areas of special flood hazards where base flood elevations are unknown, such as in Zone A, all new construction and substantial improvements of any residential or nonresidential structure(s) shall have the base floor elevation including basement elevated equal to or above the estimated base flood elevation, as determined by the administrator, pursuant to this article.

(2)

In A, AE and X Zones. In any A, AE or X Zone on the FIRM map all new construction and substantial improvements of residential or nonresidential structures shall meet the following requirements:

a.

Its base floor elevation shall be elevated above the highest adjacent grade and as high as the flood depth number specified in feet on the FIRM map, or if no flood depth number is specified then at least two feet higher than the highest adjacent grade;

b.

Together with requisite utility and sanitary facilities be completely flood proofed to the level to meet the flood proofing standards specified in this article, and

c.

Adequate drainage paths shall be provided around structures on slopes to guide flood waters around and away from structure.

(c)

Specific construction criteria.

(1)

Applies to manufactured homes to be placed on a single lot or in a new or expansion to an existing manufactured home park or subdivision. Requires that manufactured homes that are placed or substantially improved within Zones A, AE, and X on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision or (iv) in an existing manufactured home park or subdivision on which 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 or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(2)

Applies to manufactured homes to be placed in an existing manufactured home park or subdivision prior to the time these regulations are implemented. Requires that manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions within Zones A, AE and X that are not subject to the provisions of the previous paragraph be elevated so that either (i) the lowest floor of the manufactured home is at or 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 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(d)

Floodways. There are located within areas of special flood hazards established in areas designated on the flood insurance rate map as floodways or areas that can be determined by the administrator as floodways in the absence of designation on the FIRM map. Since the floodway is extremely hazardous, the following provisions shall apply to all floodways:

(1)

The alteration of any channel shall be minimized, except as may be required for improvement of wildlife habitat, or public health, safety and welfare; provided, however, that in no instance shall such alteration result in any increase in flood levels during the occurrence of the base flood discharge.

(2)

Encroachments including fill, new construction, substantial improvements, placement of bridges and drainage structures, and other development are prohibited unless certification by a registered professional engineer, licensed in the State of Colorado, is provided demonstrating that such encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.

(3)

If the above paragraph is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this article.

(Ord. No. 711, § 1, 2-17-2022)