This Article shall be known as the Flood Damage Prevention Regulations of the Town of Lochbuie, and may be so cited.

(Ord. 629 §1(Exh. A), 2017)

The Colorado Legislature has, in Title 29, Article 20 of the Colorado Revised Statutes, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Town adopts this Article based on the following findings of fact:

(a)

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

(b)

These flood losses are created by the cumulative effect of obstructions in floodplains which 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 elevated, flood proofed or otherwise protected from flood damage.

(Ord. 629 §1(Exh. A), 2017)

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

(a)

Protect human life and health;

(b)

Minimize expenditure of public money for costly flood control projects;

(c)

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

(d)

Minimize prolonged business interruptions;

(e)

Minimize damage to critical facilities, infrastructure and other public facilities such as water, sewer and gas mains; electric and communications stations; and streets and bridges located in floodplains;

(f)

Maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

(g)

Ensure that potential buyers are notified that property is located in a flood hazard area.

(Ord. 629 §1(Exh. A), 2017)

To accomplish its purposes, this Article uses the following methods:

(a)

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;

(b)

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

(c)

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

(d)

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

(e)

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

(Ord. 629 §1(Exh. A), 2017)

This Article shall apply to all Special Flood Hazard Areas (SFHAs) and areas removed from the floodplain by the issuance of a Federal Emergency Management Agency (FEMA) Letter of Map Revision (LOMR-F) within the jurisdiction of the Town.

(Ord. 629 §1(Exh. A), 2017)

No structure or land shall hereafter be located, altered, or have its use changed within the SFHA without compliance with this Article and other applicable regulations. Nothing herein shall prevent the Town from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program (NFIP).

(Ord. 629 §1(Exh. A), 2017)

This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another Article, ordinance, easement, covenant, nor deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 629 §1(Exh. A), 2017)

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

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the Town; and

(c)

Deemed neither to limit nor repeal any other powers granted under State law.

(Ord. 629 §1(Exh. A), 2017)

The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Article does not imply that land outside the SFHA or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the Town or any official or employee thereof for any flood damage that results from reliance on this Article or any administrative decision made thereunder.

(Ord. 629 §1(Exh. A), 2017)

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

(Ord. 629 §1(Exh. A), 2017)

The Floodplain Administrator shall:

(a)

Maintain all records pertaining to this Article, including the actual elevation (in relation to mean sea level) of the lowest floor of all new or substantially improved structures and any flood proofing certificate required by Section 19-5-240.

(b)

Review, approve, or deny all applications for Floodplain Development Permits.

(c)

Review Floodplain Development Permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

(d)

Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required.

(e)

Inspect development at appropriate times during the period of construction to ensure compliance with this Article.

(f)

Interpret the exact location of the boundaries of the SFHA when necessary (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

(g)

When Base Flood Elevation (BFE) data has not been provided in accordance with Section 19-5-310, the Floodplain Administrator shall obtain, review and reasonably utilize any BFE data and floodway data available from a federal, State, or other source, in order to administer this Article.

(h)

For waterways with BFEs for which a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the Flood Insurance Rate Map (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 (½) foot at any point within the Town.

(i)

Under 44 C.F.R. Chapter 1, § 65.12, 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 (½) foot, provided that the Town first applies for a conditional FIRM revision through FEMA, fulfills the requirements for such revisions as established under Section 65.12 and receives FEMA approval.

(j)

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

(k)

Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(Ord. 629 §1(Exh. A), 2017)

A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Article.

(Ord. 629 §1(Exh. A), 2017)

(a)

Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator and shall include without limitation plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, the location of the foregoing in relation to the SFHA, and the following information:

(1)

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

(2)

Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed.

(3)

A certificate from a registered Colorado Professional Engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Section 19-5-330.

(4)

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

(b)

Consideration of a Floodplain Development Permit shall be based on this Article and the following criteria:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

The relationship of the proposed use to the Comprehensive Plan for that area.

(Ord. 629 §1(Exh. A), 2017)

(a)

A variance application shall be presented to the Board of Adjustment ("BOA"), as established by the Town. The BOA shall hear and render judgment on an appeal 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 Article.

(b)

Any person or persons aggrieved by the decision of the BOA may appeal such decision in the courts of competent jurisdiction pursuant to Section 19-1-320.

(c)

The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the FEMA upon request.

(d)

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE, providing the relevant factors in Subsection (h) below have been considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

(e)

The BOA may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article as stated in Section 19-5-130.

(f)

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

(g)

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.

(h)

A variance shall only be granted upon a showing of the following:

(1)

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

(2)

Good cause;

(3)

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

(4)

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

a.

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

b.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: the criteria outlined in this Section are met; and the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(Ord. 629 §1(Exh. A), 2017)

The SFHAs identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Weld County, Colorado and Incorporated Areas," with accompanying FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Article. These SFHAs identified by the Flood Insurance Study (FIS) and attendant mapping are the minimum area of applicability of this Article and may be supplemented by studies designated and approved by the Town. The Floodplain Administrator shall keep a copy of the FIS, DFIRMs, FIRMs and/or FBFMs on file and available for public inspection.

(Ord. 629 §1(Exh. A), 2017)

For new construction and substantial improvements in an SFHA, all of the following standards shall apply:

(a)

Structures shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(b)

Structures shall be constructed by methods and practices that minimize flood damage.

(c)

Structures shall be constructed with materials resistant to flood damage.

(d)

Structures 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.

(e)

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 without limitation 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.

(f)

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

(g)

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

(h)

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

(Ord. 629 §1(Exh. A), 2017)

In all SFHAs where BFE data has been provided as set forth in Section 19-5-220 or Section 19-5-310, the following standards shall apply:

(a)

Residential construction. New construction and substantial improvements shall have the lowest floor, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one (1) foot above the BFE. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

(b)

Nonresidential construction. With the exception of critical facilities outlined in Section 19-5-380, new construction and substantial improvements shall either have the lowest floor, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one (1) foot above the BFE or, together with attendant utility and sanitary facilities, be designed so that at one (1) foot above the BFE 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 or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this Subsection. Such certification shall be submitted to the Floodplain Administrator.

(c)

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 shall either be certified by a registered Colorado Professional Engineer or architect or meet or exceed the following minimum criteria:

(1)

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

(2)

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

(3)

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

(d)

Manufactured homes. Manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the FIRM on sites (i) outside of a manufactured home park, (ii) in a new manufactured home park, (iii) in an expansion to an existing manufactured home park, or (iv) in an existing manufactured home park on which manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are elevated to one (1) foot above the BFE and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Manufactured homes placed or substantially improved on sites in an existing manufactured home park within Zones A1-30, AH and AE on the FIRM that are not subject to (i), (ii), (iii) or (iv) above shall be elevated so that either:

(1)

The lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are one (1) foot above the BFE; 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 thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(e)

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

(1)

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

(2)

Be fully licensed and ready for highway use (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); or

(3)

Meet the permit requirements of Section 19-5-240, and the elevation and anchoring requirements for manufactured homes in Subsection (4) hereof.

(f)

Prior approved activities. Any activity for which a Floodplain Development Permit was issued by the Town or a Conditional Letter of Map Revision (CLOMR) was issued by FEMA prior to December 3, 2013 may be completed according to the standards in place at the time of the permit or CLOMR issuance and will not be considered in violation of this Article if it meets such standards.

(Ord. 629 §1(Exh. A), 2017)

Located within the SFHA are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) foot to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow, and therefore, the following standards shall apply:

(a)

Residential construction. New construction and substantial improvements shall have the lowest floor, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the FIRM (at least three [3] feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

(b)

Nonresidential construction. With the exception of critical facilities outlined in Section 19-5-380, new construction and substantial improvements shall have the lowest floor, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the FIRM (at least three [3] feet if no depth number is specified), or together with attendant utility and sanitary facilities, be designed so that the structure is watertight to at least one (1) foot above the BFE 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. In Zones AH or AO, adequate drainage paths around structures on slopes are required to guide flood waters around and away from proposed structures. A registered Colorado Professional Engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section are satisfied.

(Ord. 629 §1(Exh. A), 2017)

Floodways are administrative limits and tools used to regulate existing and future floodplain development. The State has adopted floodway standards that are more stringent than the FEMA minimum standard. Located within SFHAs are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following standards shall apply:

(a)

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Town during the occurrence of the base flood (a no-rise certification).

(b)

If Subsection (1) above is satisfied, new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Article.

(c)

Under 44 CFR Chapter 1, § 65.12 of the National Flood Insurance Regulations, the Town may permit encroachments within the floodway that would result in an increase in BFE, provided that the Town first applies for a CLOMR and floodway revision through FEMA.

(Ord. 629 §1(Exh. A), 2017)

For proposed developments that alter a watercourse within a SFHA, the following standards shall apply:

(a)

Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.

(b)

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

(c)

Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the floodplain.

(d)

Any stream alteration activity shall be designed and sealed by a registered Colorado Professional Engineer or Certified Professional Hydrologist.

(e)

All activities within the floodplain shall meet all applicable federal and state floodplain requirements and regulations and this Article.

(f)

Within the floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a registered Colorado Professional Engineer, that there is not more than a 0.00-foot rise in the proposed conditions compared to existing conditions floodway resulting from the project, otherwise known as a no-rise certification, unless the Town first applies for a CLOMR and floodway revision in accordance with Section 19-5-350.

(g)

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

(Ord. 629 §1(Exh. A), 2017)

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 LOMR-F unless such new structure or addition complies with the following:

(a)

Residential construction. The lowest floor, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), shall be elevated to one (1) foot above the BFE that existed prior to the placement of fill.

(b)

Nonresidential construction. The lowest floor, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), shall be elevated to one (1) foot above the BFE that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one (1) foot above the BFE 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.

(Ord. 629 §1(Exh. A), 2017)

(a)

Critical facilities are classified under the following categories: essential services; hazardous materials; at-risk populations; and vital to restoring normal services. The Floodplain Administrator shall identify and confirm that specific structures in the Town meet the following criteria:

(1)

Essential services facilities, unless exempted per paragraphs g. and h. below, include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines, as follows:

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 conduits);

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.

Specific exemptions to this category include wastewater treatment plants, non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

h.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the Town that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with this Article, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Town on an as-needed basis upon request.

(2)

Hazardous materials facilities, unless exempted per paragraphs f. and g. below, include facilities that produce or store highly volatile, flammable, explosive, toxic or water-reactive materials. Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, and the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical Facility. The TPQ for these chemicals is either: five hundred (500) pounds or the TPQ listed (whichever is lower) for the three hundred fifty-six (356) chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or ten thousand (10,000) pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Public 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 this Article, but exclude later amendments to or editions of the regulations. These facilities may include:

a.

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

b.

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

c.

Refineries;

d.

Hazardous waste storage and disposal sites; and

e.

Above ground gasoline or propane storage or sales centers.

f.

Specific exemptions to this category include finished consumer products within retail centers and households containing hazardous materials intended for household use; pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products; and agricultural products intended for agricultural use.

g.

Specific exemptions to this category also include 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. These exemptions shall not apply to structures that also function as critical facilities under another category outlined in this Article.

(3)

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

a.

Elder care (nursing homes);

b.

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

c.

Public and private schools (pre-schools, K-12 schools); and

d.

Before-school and after-school care (serving twelve (12) or more children).

(4)

Facilities vital to restoring normal services including government operations, unless exempted per paragraph (c) below. These facilities consist of:

a.

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

b.

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

These facilities may be exempted if it is demonstrated to the Town that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this Article, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Town on an as-needed basis upon request.

(b)

Protection for critical facilities. New and substantially improved critical facilities and new additions to critical facilities located within the SFHA shall be regulated to a higher standard than structures not determined to be critical facilities. For purposes of this Article, protection shall include one (1) of the following:

(1)

Location outside the SFHA; or

(2)

Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two (2) feet above the BFE.

(c)

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

(Ord. 629 §1(Exh. A), 2017)