(a)

Statutory authorization. The Legislature of the State 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 Board of Trustees hereby adopts the following floodplain management regulations.

(b)

Findings of fact.

(1)

The flood hazard areas of the Town 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.

(2)

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, floodproofed or otherwise protected from flood damage.

(Ord. No. 751, § 1, 11-13-2019)

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

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood-control projects;

(3)

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

(4)

Minimize prolonged business interruptions;

(5)

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

(6)

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

(7)

Ensure that potential buyers are notified that property is in an area of flood hazard area.

(Ord. No. 751, § 1, 11-13-2019)

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

(1)

Restricting or prohibiting uses which are dangerous to health, safety and property in times of flood, or cause excessive increases in flood heights or velocities;

(2)

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

(3)

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

(4)

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

(5)

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

(Ord. No. 751, § 1, 11-13-2019)

This Article shall apply to all special flood hazard areas and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) within the jurisdiction of the Town.

(Ord. No. 751, § 1, 11-13-2019)

The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Montezuma County, Colorado, and Incorporated Areas," dated September 26, 2008, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Article. These special flood hazard areas identified by the PIS and attendant mapping are the minimum area of applicability of this Article and may be supplemented by studies designated and approved by the Board of Trustees. The Floodplain Administrator shall keep a copy of the Flood Insurance Study (FIS), DFIRMs, FIRMs and/or FBFMs on file and available for public inspection.

(Ord. No. 751, § 1, 11-13-2019)

No structure or land shall hereafter be located, altered or have its use changed within the special flood hazard area without full compliance with the terms of this 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.

(Ord. No. 751, § 1, 11-13-2019)

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

(Ord. No. 751, § 1, 11-13-2019)

In the interpretation and application of this Article, all provisions shall be: Considered minimum requirements; liberally construed in favor of the governing body; and deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 751, § 1, 11-13-2019)

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 hazard 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, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.

(Ord. No. 751, § 1, 11-13-2019)

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

(Ord. No. 751, § 1, 11-13-2019)

(a)

Permit required. A floodplain development permit shall be required before construction or development begins within any area of shallow flooding established in Section 16-17-5 to ensure conformance with the provisions of this Article. Application for a floodplain development permit shall be made on forms furnished by the Town and may include, but not be limited to, plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing. Where base flood elevations are utilized, all new construction, substantial improvements and other development must comply with requirements of Paragraph 16-17-13. Specifically, the following information shall be submitted:

(1)

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

(2)

The elevation, in relation to mean sea level, to which any nonresidential structure shall be floodproofed;

(3)

By a registered Colorado professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria of Section 16-17-17 below;

(4)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

(5)

Maintain a record of all such information in accordance with Section 16-17-13 of this Article.

(b)

Review factors. Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all of the provisions of this Article and the following relevant factors:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters 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; and

(10)

The relationship of the proposed use to the comprehensive plan for that area.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

The Building Inspector is hereby appointed as Floodplain Administrator to administer, implement and enforce the provisions of this Article and other appropriate sections of 44 CFR (NFIP Regulations) pertaining to floodplain management by granting or denying floodplain development permit applications in accordance with its provisions.

(Ord. No. 751, § 1, 11-13-2019)

Duties of the Building Inspector shall include, but not be limited to:

(1)

Permit review.

a.

Review, approve or deny all floodplain development permits to determine that the permit requirements of this Article have been satisfied.

b.

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

c.

Review, approve or deny all floodplain development permits to determine if the proposed building site, including the placement of manufactured homes, adversely affects the flood-carrying capacity of the area of shallow flooding. For purposes of this Article, adversely affects means 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 (1) foot at any point.

d.

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

(2)

Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 16-17-5 of this article, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from any federal, state or other source. Where base flood elevation data are utilized, all new construction, substantial improvements or other development in Zone A are administered in accordance with Section 16-17-13(c) below, and Section 16-17-20 of this Article.

(3)

Information to be obtained and maintained.

a.

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

b.

For all new or substantially improved floodproofed structures:

1.

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

2.

Maintain the flood proofing certifications required in Subsection 16-17-11(c) of this Article.

c.

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

(d)

Alteration of watercourses.

(1)

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

(2)

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

(3)

For waterways with base flood elevations for which a regulatory floodway has not been designated, no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-30 and AE on the community'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 (½) foot at any point within the community.

(4)

Program regulations, a community may approve certain development in Zones Al-30, AE or AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-half (½) foot, provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision), fulfills the requirements for such revisions as established under the provisions of Section 65.12 and receives FEMA approval.

(e)

Interpretation of FIRM boundaries.

(1)

Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).

(2)

The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 16-17-14 below.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

(a)

Role of Board of Adjustment. The Board of Adjustment, as established by the Town, shall hear and decide appeals and requests for variances from the requirements of this Article.

(1)

The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Zoning Administrator in the enforcement or administration of this Article.

(2)

Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decisions to the County District Court, as provided in Section 31-23-307, C.R.S.

(b)

Review process.

(1)

In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Article and:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area.

i.

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

j.

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

k.

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

(2)

Upon consideration of the factors of Section 16-17-15 below and the purposes of this Article, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article.

(c)

Records. The Zoning Administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Conditions.

(1)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subparagraphs 16-17-14(b)(1)a. through k. above have been fully considered. As the lot size increases beyond one-half (½) acre, the technical justifications required for issuing the variance increases.

(2)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Properties upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(3)

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

(4)

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

(b)

Variances shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

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

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 16-17-14 above or conflict with existing local laws or ordinances.

(c)

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

(d)

New Construction. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

(1)

The criteria outlined in above are met; and

(2)

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

(a)

Anchoring required. All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy.

(b)

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

(1)

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

(2)

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

(3)

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

(4)

Any additions to the manufactured home shall be similarly anchored.

(Ord. No. 751, § 1, 11-13-2019)

(a)

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

(b)

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

(c)

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

(Ord. No. 751, § 1, 11-13-2019)

(a)

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

(b)

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

(c)

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

(Ord. No. 751, § 1, 11-13-2019)

(a)

All subdivision proposals shall be reasonably safe from flooding and be consistent with the need to minimize flood damage.

(b)

All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize or eliminate flood damage.

(c)

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

(d)

Base flood elevation data shall be provided for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which that contain at least fifty (50) lots or five (5) acres, whichever is less.

(e)

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

(f)

Encroachments. The cumulative effect of any 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 (1) foot at any point.

(Ord. No. 751, § 1, 11-13-2019)

In all areas of special flood hazard where base flood elevation has been provided, the following provisions are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one (1) foot above base flood elevation. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado professional engineer, architect or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

(2)

Nonresidential construction.

a.

With the exception of critical facilities, new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

1.

Be floodproofed so that, below the base flood elevation, the structure is watertight with walls substantially impermeable to the passage of water.

2.

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

3.

Be certified by a registered Colorado professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this Paragraph. Such certifications shall be provided to the official as set forth in Paragraph 16-17-11 of this Article.

b.

Openings in enclosures below the lowest floor. For all new construction and substantial improvements, 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 must 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 or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

(3)

Manufactured homes.

a.

Manufactured homes shall be anchored in accordance with Section 16-17-16 of this Article.

b.

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

1.

Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH and AE on the community's FIRM on a site: (i) outside of a manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision; (iii) in an expansion to an existing manufactured home park or subdivision; or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood; be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

2.

Require that manufactured homes to be placed or substantially improved on sites in existing manufactured home parks or subdivisions within Zones A1-30, AH and AE on the community 's FIRM that are not subject to the provisions of the above subparagraph shall be elevated so that either: (i) the lowest floor of the manufactured home is one (1) foot above the base flood elevation; or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six (36) inches in height above grade; and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(4)

Recreational vehicles. Recreational vehicles placed on sites within Zones A1-30, AH and AE on the community's FIRM shall either: (i) be on the site for fewer than one hundred eighty (180) consecutive days; and (ii) be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on wheels or jacking systems, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions; or (iii) meet the permit requirements and elevation and anchoring requirements for manufactured homes.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

Located within the special flood hazard area established in Section 16-17-5, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

(a)

Residential construction. All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the community's FIRM (at least three (3) feet if no depth number is specified). 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 16-17-25, all new construction and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the community's FIRM (at least three (3) feet if no depth number is specified), or, together with attendant utility and sanitary facilities, be designed so that the structure is watertight to at least one (1) foot above the base flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Section 16-17-11, are satisfied. Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide floodwaters around and away from proposed structures.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

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 (see definition of Floodway in Section 16-17-2). Located within special flood hazard area established in Section 16-17-5 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

(1)

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

(2)

If Paragraph 16-17-22(a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 16-17-20 above.

(3)

Under the provisions of 44 CFR Chapter 1, Section 65.1 2, 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.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

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 one hundred-year floodplain.

(3)

Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable federal, state and local floodplain rules, regulations and ordinances.

(4)

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

(5)

All activities within the regulatory floodplain shall meet all applicable federal, state and Town floodplain requirements and regulations.

(6)

Within the regulatory floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a registered Colorado professional engineer, that there is not more than a zero-foot rise in the proposed conditions compared to existing conditions floodway resulting from the project, otherwise known as a no-rise certification, unless the community first applies for a CLOMR and floodway revision in accordance with Section 16-17-22 above.

(7)

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

(Ord. No. 751, § 1, 11-13-2019)

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), with a lowest floor elevation placed below the base flood elevation with one (1) foot of freeboard that existed prior to the placement of fill.

(Ord. No. 751, § 1, 11-13-2019)

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

(1)

Classification of critical facilities.

a.

Critical facilities are classified under the following categories: (a) essential services; (b) hazardous materials; (c) at-risk populations; and (d) vital to restoring normal services. It is the responsibility of the Town to identify and confirm that specific structures in their community meet the following criteria:

1.

Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities and transportation lifelines.

i.

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 nonambulatory 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).

ii.

Specific exemptions to this category include wastewater treatment plants (WWTP), nonpotable water treatment and distribution systems and hydroelectric power generating plants and related appurtenances.

iii.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the Board of Trustees 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 one hundred-year floodplain or are compliant with the provisions of this Article, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Town on an as-needed basis upon request.

2.

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

i.

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)

Aboveground gasoline or propane storage or sales centers.

ii.

Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND the chemical is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a critical facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as extremely hazardous substances (EHS); or 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 of this Article, but exclude later amendments to or editions of the regulations.

iii.

Specific exemptions to this category include:

(A)

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

(B)

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.

(C)

Pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products.

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

3.

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

i.

Elder care (nursing homes);

ii.

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

iii.

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

iv.

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 Board of Trustees 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 one hundred-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 Board of Trustees on an as-needed basis upon request.

b.

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 Article, protection shall include one (1) of the following:

i.

Location outside the special flood hazard area; or

ii.

Elevation or floodproofing of the structure to at least two (2) feet above the base flood elevation.

c.

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

(Ord. No. 751, § 1, 11-13-2019)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Article and other applicable regulations. Any person, organization, or business that violates the provisions of this Article may be issued a citation to appear in Mancos Municipal Court, or may be subject to any other remedy, enforcement procedure, abatement and assessment, or Chapter 19 administrative enforcement action as provided by the Mancos Municipal Code as the same may be amended from time to time. Violations may be punishable by a penalty of up to four hundred ninety-nine dollars ($499.00) per violation, where each day of a continuing violation may be considered a separate violation. Violations shall be considered civil infractions and shall not be considered a criminal offense. Violations are not punishable by jail or imprisonment. Any person who violates this Article shall not have the right to a jury trial.

(Ord. No. 751, § 1, 11-13-2019)