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 in specific areas by provisions designed:

(1)

To protect human life and health;

(2)

To minimize expenditure of public money for costly flood control projects;

(3)

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

(4)

To minimize prolonged business interruptions;

(5)

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

(6)

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

(7)

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

(8)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Prior code 17.11.110; Ord. 4 §1, 2005)

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

(1)

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

(2)

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 help accommodate or channel floodwaters;

(4)

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

(5)

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Prior code 17.11.120)

Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application.

Addition means any activity that expands the enclosed footprint or increases the horizontal square footage of an existing structure.

Appeal means a request for a review of the Public Works Director's interpretation of any provision of this Article or a request for a variance.

Area of shallow flooding means a designated AO zone on the Flood Insurance Rate Map (FIRM); the base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE that indicates the water surface elevation resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year.

Basement means any area of a building having its floor subgrade (below ground level) on all sides.

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

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

Development means any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

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

Expansion to an existing mobile or manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile or manufactured homes are to be affixed (including the installation of utilities, either final site grading, the pouring of concrete pads or the construction of streets).

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

a.

The overflow of inland or tidal waters; and/or

b.

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

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

Flood insurance study means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map and the water surface elevation of the base flood.

Floodplain Administrator means the community official designated by title to administer and enforce the floodplain management regulations.

Floodproofing means any combination of structural and/or nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half (½) foot.

Historic structure means any structure that is:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.

By an approved state program as determined by the Secretary of the Interior; or

2.

Directly by the Secretary of the Interior in states without approved programs.

Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations and elevations.

Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modifications of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

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

Levee system means a flood protection which consists of a levee and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Article.

Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does not include a recreational vehicle.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

Mobile home is defined in Section 16-1-220 of this Chapter.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this Article or, to the extent permitted by law, December 15, 1972.

New manufactured home park or manufactured home subdivision is a manufactured home park or manufactured home subdivision, as the same is defined in Section 16-1-220 of this Chapter, completed or licensed on or after the effective date of the ordinance codified in this Article.

No-rise certification means a record of results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A no-rise certification must be supported by technical data and signed by a registered Colorado professional engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

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

Recreational vehicle means a vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel or seasonal use.

Remedy a violation means to bring the structure or development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this Article or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Special Flood Hazard Area means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of a main structure.

Structure means a walled and roofed building or mobile home that is principally above ground.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

Substantial improvement means any rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

a.

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

b.

Any alteration of an historic structure.

Variance means a grant of relief from the requirements of this Article which permits construction in a manner that would otherwise be prohibited by this Article.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in Section 60.3(b)(5), (c)4, (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) is presumed to be in violation until such time as that documentation is provided. (Prior code 17.11.130; Ord. 4 §1, 2005; Ord. 7 §2, 2013)

This Article shall apply to all SFHAs within the jurisdiction of the City floodplain by the issuance of a LOMR-F. (Prior code 17.11.140; Ord. 7 §3, 2013)

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for Rifle, Colorado," dated January 3, 1986, with accompanying flood insurance rate maps (FIRM), are adopted by reference and declared to be a part of this Article. Copies of the flood insurance study shall be made available for inspection by the public at the City Clerk's office. (Prior code 17.11.150; Ord. 4 §1, 2005; Ord. 7 §4, 2013)

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. (Prior code 17.11.160)

This Article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Article and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Prior code 17.11.170)

(a)

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

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the City Council; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(b)

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 the Article as a whole or any portion thereof other than the section so declared to be unconstitutional or invalid. (Prior code 17.11.180; Ord. 7 §5, 2013)

This Article is enacted for regulatory purposes. The decree of flood protection, the flood hazard areas and the flood insurance studies upon which this Article is based have been established by the federal government, and the City assumes no liability for the accuracy of completion thereof. Larger floods can and will occur on occasion, and flood heights may be increased by natural or manmade causes. Land outside the areas of special flood hazards and uses permitted within such areas may be subject to floods or flood damage. Neither this Article, nor any act or administrative decision taken hereunder, shall subject the City or any officer or employee thereof, or the Federal Emergency Management Agency (FEMA), to any liability for any flood damage that may result from reliance thereon. (Prior code 17.11.190)

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 16-12-50 above. Application for a development permit shall be made by forms furnished by the Public Works Director, 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. Specifically, the following information is required:

(1)

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

(2)

Elevation in relation to mean sea level to which any structure has been floodproofed;

(3)

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 16-12-200 below; and

(4)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Prior code 17.11.200)

The Public Works Director is appointed to administer and implement this Article by granting or denying special development permit applications, and his or her duties shall include, but not be limited to:

(1)

Permit review.

a.

Review all development permits to determine that the permit requirements of this Article have been satisfied.

b.

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

c.

Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 16-12-220 below are met.

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.

e.

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.

f.

Under the provisions of 44 CFR Chapter 1, Section 65.12 of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, 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.

(2)

Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 16-12-50 of this Article, the Public Works Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from federal, state or other sources in order to administer 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); and

2.

Maintain the floodproofing certifications required in Paragraph 16-12-100(3) above.

c.

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

(4)

Alteration of watercourses.

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 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 community first applies for a CLOMR and floodway revision in accordance with Section D of this Article.

g.

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

h.

Notify the County, any adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of the watercourse if such relocation requires a building permit; and submit evidence of such notification to the Federal Emergency Management Agency.

i

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

(5)

Interpretation of FIRM boundaries. Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 16-12-120 below. (Prior code 17.11.210; Ord. 7 §6, 2013)

(a)

Appeal board.

(1)

The Board of Adjustment as established by the City shall hear and decide appeals and request for variances from the requirements of this Article.

(2)

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 Public Works Director in the enforcement or administration of this Article.

(3)

Those aggrieved by the decision of the Board of Adjustment may appeal such decision to the City Council, and then to the District Court as provided by statute.

(4)

In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors and 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 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; and,

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, and streets and bridges.

(5)

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 items set forth above have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

(6)

Upon consideration of these factors 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.

(7)

The Public Works Director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(b)

Conditions for variances.

(1)

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.

(2)

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

(3)

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

(4)

Variances shall only be issued upon:

a.

A showing of 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 or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(5)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a 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. (Prior code 17.11.220; Ord. 7 §7, 2013)

In all areas of special flood hazards, standards set forth in Sections 16-12-140 through 16-12-170 below are required. (Prior code 17.11.230)

(a)

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

(b)

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

(4)

Any additions to the manufactured home shall be similarly anchored. (Prior code 17.11.240; Ord. 4 §1, 2005)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, using methods and practices that minimize flood damage. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(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.

This provision applies only to homes constructed with the lowest floor at or above the base food elevation. (Prior code 17.11.250)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; new replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Electrical heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Prior code 17.11.260)

(a)

All subdivision proposals shall 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 flood damage.

(c)

All subdivision proposals 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 which contain at least fifty (50) lots or five (5) acres (whichever is less). (Prior code 17.11.270)

In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 16-12-50 or 16-12-110(2) above, the provisions set forth in Sections 16-12-190 through 16-12-210 below are required. (Prior code 17.11.280)

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, to at least one (1) foot above base flood elevation. In any new construction and substantial improvements of residential structures within any AO zone as defined on the Flood Insurance Rate Map, the lowest floor (including basement) shall be elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the Flood Insurance Rate Map, or at least three (3) feet if no depth number is specified. Further, within any AO zone, adequate drainage paths shall be provided around structures to guide floodwaters around and away from the proposed structures. (Prior code 17.11.290; Ord. 7 §8, 2013)

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

(1)

Be floodproofed so that, below one (1) foot above the base flood level, 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)

Provide that, where a nonresidential structure is intended to be made watertight below the base flood level, (a) a registered professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this Article, and (b) a record of such certificates, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained with the official designated by the City under Section 16-12-110 of this Article.

(4)

If the structure is located within an AO zone, as defined on the Flood Insurance Rate Map, shall have the lowest floor thereof, including basement, elevated above the highest adjacent grade at least one (1) foot above the depth number specified in feet on the Flood Insurance Rate Map, or at least three (3) feet if no depth number is specified.

(5)

If the structure is located within an AO zone as herein defined, provide adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. (Prior code 17.11.300; Ord. 7 §9, 2013)

(a)

Manufactured homes shall be anchored in accordance with Section 16-12-140 of this Article.

(b)

All manufactured homes placed or substantially improved within zones A1-30, AH and AE (as defined by the Federal Emergency Management Agency), on sites which are outside a manufactured home park or subdivision, a new manufactured home park or subdivision, and an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and shall be securely to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(c)

All manufactured homes which are placed or substantially improved on sites in existing manufactured home parks or subdivisions within zones A1-30, AH and AE (as defined by the Federal Emergency Management Agency), which are not the subject of Subsection (b) above, shall be elevated so that either: (1) the lowest floor of the manufactured home is one (1) foot above the base flood elevation; or (2) 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 securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Prior code 17.11.310; Ord. 7 §10, 2013)

Located within areas of special flood hazard established in Section 16-12-50 of this Article 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 apply:

(1)

Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2)

If Subsection (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 16-12-130 of this Article. (Prior code 17.11.320)

A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) unless such new structure or addition complies with the following:

(1)

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

(2)

Nonresidential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) must be elevated to one (1) foot above the Base Flood Elevation 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 base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (Ord. 7 §11, 2013)

(a)

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)

Critical Facilities are classified under the following categories: (i) essential services; (ii) hazardous materials; (iii) at-risk populations; and (iv) vital to restoring normal services.

a.

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

1.

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

2.

Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions and non-ambulatory surgical structures, but excluding clinics, doctors offices and nonurgent care medical structures that do not provide these functions);

3.

Designated emergency shelters;

4.

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);

5.

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

6.

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]).

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

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the City that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this 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 City on an as-needed basis upon request.

b.

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

1.

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

2.

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

3.

Refineries;

4.

Hazardous waste storage and disposal sites; and

5.

Aboveground gasoline or propane storage or sales centers.

Facilities shall be determined to be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the workplace, 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 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 of this Article, but exclude later amendments to or editions of the regulations.

1.

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

2.

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

3.

Pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products. Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing).

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

c.

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

1.

Elder care (nursing homes);

2.

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

3.

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

d.

Facilities vital to restoring normal services, including government operations. These facilities consist of:

1.

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

2.

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

These facilities may be exempted if it is demonstrated to the City that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this 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 City on an as-needed basis upon request.

(2)

Protection of 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:

a.

Location outside the Special Flood Hazard Area; or

b.

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

(3)

Ingress and egress of new critical facilities. New Critical Facilities shall, when practicable as determined by the City, have continuous noninundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event. (Ord. 7 §12, 2013)