(A)

Lands To Which This Chapter Applies. This Chapter 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 City of Montrose, Colorado.

(B)

Basis for Establishing the Special Flood Hazard Area. The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Montrose County and Incorporated Areas," effective January 6, 2012, 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 Chapter. These special flood hazard areas identified by the FIS and attendant mapping are the minimum area of applicability of this Chapter and may be supplemented by studies designated and approved by the City Council. 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.

(C)

Establishment of Floodplain Development Permit. A floodplain development permit shall be required to ensure conformance with the provisions of this Chapter.

(D)

Compliance. 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 Chapter and other applicable regulations. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation. This Chapter meets the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program, and was imposed upon the City by those agencies.

(E)

This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(F)

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

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed to neither limit nor repeal any other powers granted under the State Constitution, State Statutes, the City Charter, nor local ordinances and regulations.

(G)

The degrees of flood protection required by this Chapter 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 manmade or natural causes. This Chapter does not imply that land outside the special flood hazard area or uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.

(H)

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

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

The City Manager is hereby appointed as Floodplain Administrator to administer, implement and enforce the provisions of this Chapter and other appropriate Sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management.

(B)

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

(1)

Maintain and hold open for public inspection all records pertaining to the provisions of this Chapter, including the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificate required by Section 11-6-3, in accordance with the City's Records Retention Schedule, as amended.

(2)

Review, approve, or deny all applications for floodplain development permits required by this Chapter.

(3)

Review floodplain development permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

(4)

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act, as amended, 33 USC 1334) from which prior approval is required.

(5)

Require as-built plans sealed by a registered Colorado professional engineer, showing compliance with all provisions of this Chapter, including proper elevation of the structure.

(6)

Where interpretation is needed as to the exact location of the boundaries of the special flood hazard area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.

(7)

When Base Flood Elevation Data has not been provided in accordance with Section 11-6-1(B), the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation Data and Floodway data available from a federal, state, or other source, in order to administer the provisions of Section 11-6-5.

(8)

For waterways with Base Flood Elevations for which a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the City's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot at any point within the City.

(9)

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

(10)

Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

(11)

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

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Application for a floodplain development permit shall be presented to the Floodplain Administrator on forms furnished by the City of Montrose, and may include, but not be limited to, 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, and the location of the foregoing in relation to a special flood hazard area. Additionally, the following information is required:

(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 floodproofed;

(3)

A certificate from a registered Colorado professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 11-6-5(B)(2); and

(4)

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

(B)

The Floodplain Administrator shall maintain a record of all such information in accordance with the City's record retention schedule.

(C)

Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all of the provisions of this Chapter 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 City Comprehensive Plan for that area.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

The Planning Commission shall hear and render judgment on requests for variances from the requirements of this Chapter. A de novo hearing may be requested from a decision of the Planning Commission in accordance with the provisions of Section 11-4-2 of this Title; said de novo hearing shall be held in accordance with the provisions of Section 11-4-2 of this Title.

(B)

The Planning Commission shall hear and render judgment on a variance only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.

(C)

The Floodplain Administrator shall maintain a record of all actions involving a variance, and shall report variances to the Federal Emergency Management Agency upon request.

(D)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this Chapter.

(E)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(F)

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section 11-6-3 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance shall increase.

(G)

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

(H)

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

(I)

Prerequisites For Granting Variances.

(1)

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

(2)

Variances shall only be issued upon:

(a)

Showing a good and sufficient cause;

(b)

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

(c)

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

(3)

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 Base Flood Elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(J)

Variances may be issued by the Planning Commission 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 Section[s] 11-6-4(A)—(G) 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. 2626, § 3(exh. A), 5-16-2023)

(A)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

All manufactured homes shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state requirements, as well as those set forth in the International Building Code currently adopted by the City of Montrose, as amended;

(6)

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

(7)

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

(8)

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

(B)

Specific Standards. In all special flood hazard areas where base flood elevation data has been provided as set forth in Section 11-6-1(B), 11-6-2 B (7), or 11-6-5(F), 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 foot above the 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, outlined in Section 11-6-5(H), new construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement) elevated to one foot above the base flood level or, together with attendant utility and sanitary facilities, be designed so that at one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(b)

A registered Colorado professional engineer or architect shall develop and 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 maintained by the Floodplain Administrator, in accordance with the City's Records Retention Schedule.

(3)

Enclosures.

(a)

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.

(b)

Designs for meeting this requirement must either be certified by a registered Colorado professional engineer or architect, or meet or exceed the following minimum criteria:

(i)

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.

(ii)

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

(4)

Manufactured Homes.

(a)

All manufactured homes that are placed or Substantially Improved within Zones A1-30, AH, and AE on the City's FIRM 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 a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(b)

All manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the City's FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that either:

(i)

The lowest floor of the manufactured home is one foot above the base flood elevation; or

(ii)

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

(5)

Recreational Vehicles.

(a)

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the City's FIRM shall either:

(i)

Be on the site for fewer than 180 consecutive days; or

(ii)

Be fully licensed and ready for highway use; or

(iii)

Meet the permit requirements of Section 11-6-3, and the elevation and anchoring requirements for manufactured homes in Subsection 11-6-5(B)(4).

(b)

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.

(6)

Prior Approved Activities. Any activity for which a floodplain development permit was issued by the City of Montrose, or a CLOMR was issued by FEMA prior to the effective date of Ordinance No. 2290 of the City of Montrose, 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 Chapter if it meets such standards.

(C)

Standards for Areas of Shallow Flooding (AO/AH Zones).

(1)

Located within the special flood hazard area established in Section 11-6-1(B) are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity of flow may be evident. Such flooding is characterized by ponding or sheet flow. The following provisions apply in these areas:

(a)

Residential Construction. All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the City's FIRM (at least three 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.

(i)

With the exception of critical facilities, outlined in Subsection (H), 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 foot above the depth number specified in feet on the City's FIRM (at least three 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 foot above the base flood level with wall substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads, and the 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 11-6-3, are satisfied.

(ii)

Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide flood waters around and away from proposed structures.

(D)

Floodways.

(1)

Floodways are administrative limits, and tools used to regulate existing and future floodplain development. The State of Colorado has adopted floodway standards that are more stringent than the FEMA minimum standard (see definition of the term "floodway" in Chapter 11-15-4 of this Title). Located within special flood hazard area established in Section 11-6-1(B), 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:

(a)

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 City during the occurrence of the base flood discharge.

(b)

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

(c)

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance regulations, the City may permit encroachments within the adopted regulatory floodway that would result in an increase in Base Flood Elevations, provided that the City first applies for a CLOMR and floodway revision through FEMA.

(E)

Alteration of a Watercourse.

(1)

For all proposed developments that alter a watercourse within a special flood hazard area, the following standards 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 regulatory floodplain and be in compliance with all applicable federal, state and local floodplain rules, regulations and ordinances.

(d)

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

(e)

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

(f)

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 no rise in the proposed conditions compared to existing conditions in the floodway resulting from the project, otherwise known as a No-Rise Certification, unless the City first applies for a CLOMR and Floodway revision in accordance with Subsection (D).

(g)

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

(F)

Properties Removed from the Floodplain by Fill. A floodplain development permit shall not be issued for 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, when one foot of freeboard existed prior to the placement of fill.

(G)

Standards for Subdivision Proposals.

(1)

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

(2)

All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet floodplain development permit requirements of Sections 11-6-1(C), 11-6-3, and the provisions of this Section 11-6-5.

(3)

Base Flood Elevation Data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to Section 11-6-1(B) or 11-6-2(B).

(4)

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

(5)

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

(H)

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

(1)

Classification of Critical Facilities.

(a)

It is the responsibility of the Floodplain Administrator to identify and confirm that specific structures in the City meet the following criteria:

(i)

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.

(ii)

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

(iii)

These facilities consist of: Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers); 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); designated emergency shelters; 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); 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 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).

(iv)

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

(b)

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

(c)

Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic or water-reactive materials. These facilities may include: chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing); laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials; refineries; hazardous waste storage and disposal sites; and above ground gasoline or propane storage or sales centers.

(2)

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.

(a)

The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the chemicals listed under 40 CFR 302, as amended, also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the State Department of Health and Environment. OSHA requirements for MSDS can be found in 29 CFR 1910, as amended. The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 CFR 302, as amended, and OSHA regulation "Occupational Safety and Health Standards," 29 CFR 1910, as amended, are incorporated herein by reference.

(b)

Specific exemptions to this category include:

(i)

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

(ii)

Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the City by hazard assessment and certification by a qualified professional (as determined by the City) that a release of the subject hazardous material does not pose a major threat to the public.

(iii)

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

(iv)

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

(3)

At-risk population facilities include medical care, congregate care, and schools.

(a)

These facilities consist of: elder care (nursing homes); congregate care serving 12 or more individuals (day care and assisted living); public and private schools (pre-schools, K-12 schools), before-school and after-school care serving 12 or more children; and facilities vital to restoring normal services including government operations.

(b)

These facilities consist of: essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers); essential structures for public colleges and universities (dormitories, offices, and classrooms only).

(c)

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

(4)

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 Chapter, protection shall include one of the following:

(a)

Location outside the special flood hazard area; or

(b)

Elevation or floodproofing of the structure to at least two feet above the Base Flood Elevation.

(5)

Ingress and Egress 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 event.

(Ord. No. 2626, § 3(exh. A), 5-16-2023; Ord. No. 2677, § 3, 12-17-2024)

(A)

The "The Flood Insurance Study for Montrose County and Incorporated Areas," effective January 6, 2012, 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 Chapter.

(B)

For reference, a copy of the FEMA Flood Insurance Rate Map for the City shall be available to the public through the Internet, or through the City Clerk's Office upon request.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)