(a)

Purpose. The purpose of this Section is to:

(1)

Identify those areas within the Town where, after due investigation and study, hazards to the safety of property and occupants exist due to potential avalanche activity impacting the areas;

(2)

Give notice to the public of those areas within the Town where avalanche hazards to property and occupants potentially exist;

(3)

Mitigate the public's exposure to health, safety, and welfare hazards within avalanche hazard areas; and

(4)

Allow for the use and development of properties situated within avalanche hazard areas only when the use and development comply with the requirements of this Section.

(b)

Applicability.

(1)

This Section shall apply to the land areas subject to potential avalanche danger identified in the Town's most recently updated avalanche mapping study.

(2)

Avalanche hazard areas shall consist of two sub-zone designations as follows:

a.

The High Hazard Red Zone means land areas exposed to avalanches with a return period of less than 30 years and/or avalanche impact pressures greater than 600 pounds per square foot on a flat, rigid surface situated perpendicular to the direction of avalanche flow.

b.

The Moderate Hazard Blue Zone means land areas exposed to avalanches with a return period in excess of 30 years and avalanche impact pressures of less than 600 pounds per square foot on a flat, rigid surface situated perpendicular to the direction of avalanche flow.

(3)

The standards in this Section shall only apply to the portion of the lot that is encumbered by an avalanche hazard area. Partial encumbrance shall not render a lot undevelopable.

(c)

Review Required. All development within the boundaries of the High Hazard Red and Moderate Hazard Blue Zones shall obtain a Minor or Major Avalanche Hazard Development Permit as set forth in Sections Sec. 15-8-30(h)and Sec. 15-8-40(d) below before beginning any development or use activity.

(d)

Restrictions on Development.

(1)

New Construction Prohibited in High Hazard Red Zone. New permanent residential or nonresidential occupied structures are prohibited in the High Hazard Red Zone, unless the applicant follows the procedure in Subsection (f) to adjust the map designation of the property.

(2)

Prohibited Uses in the Moderate Hazard Blue Zone. The following types of land development and use are prohibited within the Moderate Hazard Blue Zone:

a.

Critical facilities as defined in Section 15-5-20(f)(1);

b.

Multiunit dwellings, hotels, motels, bed and breakfasts, manufactured or tiny home parks, and recreational vehicle parks that continue operation or seasonal recreational vehicle occupancy between November 1 to April 30; and

c.

Solid waste disposal sites, sewage treatment plants or aboveground facilities for the storage or disposal of hazardous, toxic, nuclear, flammable or explosive materials, including aboveground propane tanks.

(3)

Nonconforming Structures. Any building or structure that has been constructed within the High Hazard Red or Moderate Hazard Blue Zone prior to the Effective Date and does not meet the standards in this Section shall be a nonconforming building or structure and is subject to the standards in Section 15-9-50(a), Nonconforming Structures in Avalanche Hazard Areas.

(4)

Certification of Construction. Building construction shall be certified to withstand avalanche impact and static loads and otherwise protected by external avalanche-defense structures that have been similarly certified.

(5)

Vegetation Removal Prohibited. The development shall not result in timber clear cutting or other large scale removal of vegetation in avalanche hazard areas. Alteration of plant cover which would decrease the stabilizing effect shall be prohibited, especially on slopes above the proposed development.

(6)

General Notice Requirements.

a.

Any person who rents, leases or sublets any structure or premises within the High Hazard Red Zone or Moderate Hazard Blue Zone for any portion of the months of November, December, January, February, March, or April shall provide the Town with written notice, signed and notarized by the tenant, lessee, or sub-tenant that they have been informed that the property is located within the High Hazard Red Zone or Moderate Hazard Blue Zone and the tenant shall execute and file with the Town a release and indemnification agreement. Written notice and proper execution of the release and indemnification agreement to the Town shall be accomplished prior to any occupancy of the structure or premises.

b.

Every real estate agent, sales person, broker, and private party owning property within the High Hazard Red Zone or Moderate Hazard Blue Zone shall, upon first inquiry, provide the prospective purchaser, lessee, or tenant, prior to or in conjunction with viewing the property, with written notice that the real property is located within the High Hazard Red Zone or Moderate Hazard Blue Zone.

(e)

Administration. All development subject to this Section shall obtain a Major or Minor Avalanche Permit pursuant to Section

(f)

Amendments to Map Boundaries.

(1)

In the event that any property owner affected by a High Hazard Red Zone or Moderate Hazard Blue Zone believes that as a result of the erection of avalanche protective, deflective, and preventative structures, devices, or earth work, or through a change in topography or erection of other structures, the boundaries of the sub-zone designation should be altered or changed, a Major Avalanche Development Permit application is required.

(2)

The application shall include, at a minimum, an analysis performed by a licensed Colorado engineer as to the effect of the avalanche protective, deflective, or preventative structure, device, or earth work, or other changes upon the areas within the High Hazard Red Zone or Moderate Hazard Blue Zone, together with a map of the newly defined area within the High Hazard Red Zone or Moderate Hazard Blue Zone.

(3)

If the Town of Silverton erected avalanche protective, deflective, and preventative structures, devices, or earth work, it shall make available information to engineers as requested.

(4)

Upon an application, the High Hazard Red Zone or Moderate Hazard Blue Zone boundaries may be amended subsequent to public hearing and adoption of an ordinance amending the map.

(g)

Warning and Disclaimer of Safety and Liability.

(1)

Avalanches occur naturally, suddenly, and unpredictably based upon steepness of slope and runout area, exposure, snowpack composition, wind, temperature, rate of snowfall and other little understood interacting factors. The avalanche hazard areas designated in this Section are considered reasonable for regulatory purposes and is based upon and limited by the engineering and scientific methods of study.

(2)

This Section does not represent or imply that areas outside the High Hazard Red Zone and Moderate Hazard Blue Zone are free from avalanches or avalanche danger. The fact that the Town has not prohibited all development, construction, or use of real property within these areas does not constitute a representation, guarantee or warranty of any kind as to the safety of any construction, use, or occupancy.

(3)

The granting of any permit or approval for any structure or use, or the declaration or failure to declare the existence of an avalanche hazard shall not constitute a representation, guarantee or warranty of any kind or nature by the Town, or any official or employee, of the practicality or safety of any construction, use or occupancy thereof, and shall create no liability upon or cause of action against the Town, or its officials or employees, for any injury, loss or damage that may result.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

General Provisions.

(1)

Statutory Authorization. Pursuant to C.R.S. 31-23-301, the legislature of the state has delegated the responsibility of the local governmental units to adopt regulations designed to minimize flood losses.

(2)

Purpose. The purpose of this Section is 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:

a.

Avoid or mitigate the potential adverse impacts of flood on property, economic activity, and the environment;

b.

Ensure development does not increase the extent or severity of the flood hazard;

c.

Ensure development does not cause injury, loss of life, or damage to premises and property due to flooding; and

d.

Regulate the use of areas subject to periodic flooding.

(3)

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

(4)

Basis for Establishing Areas of Special Flood Hazard.

a.

The special flood hazard areas identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for the Town of Silverton, Colorado and Incorporated Areas," dated May 9, 2023, with accompanying Flood Insurance Rate Maps (FIRM), as amended, are the minimum area of applicability of this Section and may be supplemented by studies designated and approved the Town. The Flood Hazard Administrator shall keep a copy of the FIS, DFIRMs, and FIRMs on file and available for public inspection.

b.

Areas of special flood hazard are divided into two separate and distinct areas:

(i)

The floodway; and

(ii)

The flood fringe.

(5)

Compliance. No structure shall be constructed, located, extended, converted, substantially improved or altered, and no development shall be permitted, within the areas of special flood hazard without full compliance with the terms of this Section and other applicable regulations.

(6)

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

(7)

Interpretation. In the interpretation and application of this Section, all provisions shall be:

a.

Considered as minimum requirements;

b.

Liberally construed in favor of the Town; and

c.

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

(8)

Warning and Disclaimer of Safety and Liability.

a.

The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood height may be increased by man-made or natural causes.

b.

This Section does not imply that lands outside the areas of special flood hazard or uses permitted within those areas will be free from flooding or flood damage. This Section shall not create liability on the part of the Town, any officer or employee of the Town, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Section or any administrative decision lawfully made under this Section.

(b)

Review Required.

(1)

A Flood Hazard Development Permit shall be obtained before construction, substantial improvement, or development begins within any area of special flood hazard. Any structure of nonstructural activity or development that may affect flooding or flood damage must have a permit. Flood Hazard Development Permits shall be reviewed in accordance with Section 15-8-30(e).

(2)

Encroachments into the area of special flood hazard must be certified by a Colorado registered professional engineer that the encroachments are in accordance with this Section. Within Zones A1-30 and AE on the community's FIRM, it shall be demonstrated that:

a.

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 community; and

b.

Within the adopted regulatory floodway, it must be demonstrated through hydrologic and hydraulic analyses in accordance with standard engineering practice that the proposed encroachment would not result in any increase (require a no-rise certification) in flood levels in the community during the occurrence of the base flood discharge.

(c)

General Regulations.

(1)

Minimum Federal and State Standards. Development in the area of special flood hazard must comply with the National Flood Insurance Program (NFIP) and State of Colorado minimum standards. These standards require applicants to demonstrate that those development projects allowed in the floodway, when combined with all other existing and anticipated development, will not cause an increase in the modeled 1-percent annual chance water surface greater than 0.00 feet and, for projects in the flood fringe, will not cause an increase greater than 0.50 feet.

(2)

General Provisions.

a.

No structure (temporary or permanent), fill, (including fill for roads and levees), deposits, obstruction, storage of materials or other floodplain uses that, acting alone or in combination with existing or future floodplain uses, shall adversely affect the efficiency or decrease the storage capacity of the floodplain.

b.

No floodplain use shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems.

(d)

Uses Allowed in Floodway. The following uses shall be permitted in the floodway unless the use is prohibited in the underlying zoning district, adversely affects the efficiency of the floodway, changes the direction of flow, or poses a significant safety hazard. Any use or structure not listed is prohibited.

(1)

Uses accessory to residential uses, including, but not limited to lawns, open areas, gardens, driveways, and play areas;

(2)

Parks and open space;

(3)

Multi-modal path or trail;

(4)

Minor utilities not requiring structures; and

(5)

Hydraulic structures such as bridges, culverts, weirs, diversions, drop structures, and fish ladders, for access and flood or stormwater control.

(e)

Development Standards in Flood Fringe.

(1)

Construction Materials and Methods.

a.

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

b.

All new construction and substantial improvements shall be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and must be certified by a Colorado registered professional engineer that they have been constructed to withstand hydrodynamic and hydrostatic forces and are adequately protected from flooding up to one foot above the base flood elevation.

c.

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

(2)

Residential Construction. All new construction and substantial improvement of residential structures must have the lowest floor (including basement), electrical heating, ventilation, plumbing and air conditioning equipment, and other service facilities (including ductwork) elevated to at least one foot above the base flood elevation on the community's FIRM. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a Colorado registered professional engineer, architect, or land surveyor. The certification shall be submitted to the Flood Hazard Administrator.

(3)

Nonresidential Construction. All new construction and substantial improvements of nonresidential structures must have the lowest floor (including basement), electrical, heating, ventilation, plumbing and air conditioning equipment, and other service facilities (including ductwork) elevated at least one foot above the base flood elevation specified in feet on the community's FIRM, 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 walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A Colorado registered professional engineer or architect shall submit certification to the Flood Hazard Administrator that the standards are satisfied.

(4)

Enclosed Areas Below Lowest Floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are in the flood hazard area and 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 Colorado registered professional engineer or architect or must meet or exceed the following minimum criteria:

a.

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; and

b.

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

(5)

Manufactured Homes.

a.

Manufactured homes shall be anchored to resist flotation, collapse, or lateral movement and be able to withstand hydrodynamic loads. Methods of anchoring may include over-the-top frame ties to ground anchors. Specific requirements shall be that:

(i)

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

(ii)

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

(iii)

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

(iv)

Any additions to the manufactured home shall be similarly anchored.

b.

All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the base flood elevation and is securely anchored to an adequately anchored foundation system. For homes placed on pilings:

(i)

Lots shall be large enough to permit steps;

(ii)

Piling foundations shall be placed in a stable soil no more than ten feet apart; and

(iii)

Reinforcements shall be provided for pilings more than six feet above the ground level.

(6)

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

a.

Be on the site for fewer than 90 consecutive days;

b.

Be fully licensed and ready for highway use; or

c.

Meet the requirements for manufactured homes in Subsection (5) above.

(7)

Utilities.

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 water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into the floodwaters.

c.

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

(8)

Mechanical and Utility Equipment. Electrical, heating, ventilation, plumbing 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.

(f)

Standards for Critical Facilities.

(1)

Classification of Critical Facilities. Critical facilities are those facilities identifies in Rule 6 of 2 CCR 408-1.

(2)

Protection for Critical Facilities.

a.

New critical facilities are prohibited in the special flood hazard area.

b.

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 Section, protection shall include one of the following:

(i)

Location outside the special flood hazard area;

(ii)

Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two feet above the base flood elevation; or

(iii)

Be retrofitted so that the building is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrodynamic loads.

(g)

Administration.

(1)

Flood Hazard Development Permit. All development subject to this Section shall obtain a Flood Hazard Development Permit pursuant to Section 15-8-30(e).

(2)

Flood Hazard Variance. All requests for a Variance of standards in this Section shall obtain a Flood Hazard Variance pursuant to Section 15-8-40(d).

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Purpose. The purpose of this Section is to:

(1)

Prevent soil erosion and landslides;

(2)

Protect the public by preventing or regulating development in locations with steep slopes over 25 percent;

(3)

Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and to provide access for emergency vehicles necessary to serve the hillside areas; and

(4)

Encourage only minimal grading that relates to the natural contour of the land.

(b)

Applicability. This Section shall apply to any development or subdivision that contain slopes of 25 percent or greater as identified in the Unified Hazard Overlay Map I, Flood, II, Avalanche, III, Slope dated March 23, 1992, on file in the office of the Planning Director or where adverse conditions associated with slope stability, erosion, or sedimentation are present as determined by the Town Administrator.

(c)

Development on Slopes 25 Percent or Greater.

(1)

Engineering Study. Lots with 25 percent or greater slope shall require a special engineering study performed by a qualified professional engineer licensed in Colorado, or qualified professional geologist to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive slope problems.

(2)

Grading Standards.

a.

Grading shall be limited to the minimum necessary for development of streets, building sites, utilities, and driveways.

b.

Visible cut or fill slopes shall not exceed three horizontal to one vertical (3:1); provided, however, that slopes as steep as two horizontal to one vertical (2:1) may be approved by a qualified engineer upon a finding that the appearance or stability of the completed project will be superior to the result that would be obtained by adhering to the three horizontal to one vertical (3:1) standard.

(3)

Erosion Control. Standard erosion control methods shall be used during construction to protect water quality, control drainage, and reduce soil erosion. Sediment traps, small dams, barriers of straw bales, or other methods acceptable to the Town shall be located wherever there are grade changes to slow the velocity of runoff.

(4)

Building Location. Where permitted, structures shall be integrated into the hillside or built at the base of the slope.

(5)

Streets. Streets shall be design in accordance with the Development Standards and Specifications.

(d)

Development on Unstable or Potentially Unstable Slopes. If a site is identified as having unstable or potentially unstable slopes, then development may be allowed if the applicant demonstrates that the development cannot avoid those areas and the development complies with certified geotechnical design and construction stabilization and maintenance measures.

(1)

Cutting Into a Slope. Cutting into the slope is prohibited without provision of adequate mechanical support.

(2)

Adding Water or Weight. Adding water or weight to the top of the slope, or along the length of the slope is prohibited.

(3)

Removing Vegetation. Vegetation shall not be removed from the slope unless it will be replaced on a timely basis acceptable to the Town.

(4)

Over-Steeping. Activities that over-steep the existing grade of an unstable slope are prohibited. Site is identified as having unstable or potentially unstable slopes, then development may be allowed if the applicant demonstrates that the development cannot avoid those areas and the development complies with certified geotechnical design and construction stabilization and maintenance measures.

(e)

Administration. All development subject to the standards of this Section shall obtain a Slope Hazard Development Permit pursuant to Section 15-8-30(m).

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)

(a)

Purpose. The purpose of this Section is to protect public health and safety and to protect public and private property from avoidable damage, by requiring additional protections from risks of wildfire in areas of increased wildfire risk, as shown on any maps of wildfire risk that the Town determines to be reasonable.

(b)

Applicability. The following standards shall apply to new development or subdivision and redevelopment in the areas identified as areas of High Intensity wildfire risk as defined by the Colorado State Forest Service or the Colorado Division of Fire Prevention and Control, excluding applications for single-unit detached dwellings. Single-unit detached dwellings shall follow Firewise planting techniques and materials to the maximum extent practicable.

(c)

Wildfire Hazard Study. The study shall be submitted with any applicable Planned Unit Development, Special Use Permit, Major Subdivision, or Site Plan, and shall provide a detailed, site specific analysis that includes the following minimum information:

(1)

A schedule delineating how the wildfire mitigation actions identified in the study will be implemented including, but not limited to, vegetation thinning, creation of fuel breaks, and the installation of working fire hydrants, fire cisterns, or dry hydrants prior to the introduction of combustible construction materials on the site;

(2)

Communication capabilities during construction with the ERFPD and the type of communication system. A physical address is required for E-911 purposes;

(3)

Detailed specification of fire protection equipment and emergency preparedness actions to be installed or implemented and maintained within the subdivision during construction;

(4)

Detailed mitigation actions including, but not limited to, thinning, spacing, and removal of trees and vegetation and building construction techniques designed to mitigate wildfire hazard areas;

(5)

The identification of building envelopes shall be required to locate structures outside of severe hazard areas, off of steep slopes, and outside of ravines to the maximum extent practicable;

(6)

Identification of the entities responsible for implementing the plan, constructing required improvements, and maintenance in perpetuity of the improvements and appropriate easements, if any; and

(7)

A map identifying major timber stands and vegetation, locations of fire hydrants, water tanks, cisterns or dry hydrants, as well as locations and flows or capacity of fire hydrants, water tanks, cisterns, or dry hydrants.

(d)

Referral to Colorado State Forest Service or Division of Fire Prevention and Control.

(1)

As part of the review of the wildfire hazard study, the Town Administrator shall refer the development application to the Colorado State Forest Service (CSFS) or the Colorado Division of Fire Prevention and Control (DFPC). Referral of Final Plat applications will be at the discretion of the Town Administrator.

(2)

CSFS or DFPC shall review the application and comment on the potential effectiveness of the management plan and the mitigation techniques proposed and make recommendations based on guidelines promulgated by CSFS or DFPC. (See, for example, "Creating Wildfire Defensible Zones, No. 6.302 or currently accepted standards.)

(3)

The Town shall consider the recommendations of the CSFS or DFPC and apply the appropriate recommendations as conditions of approval of the development application.

(e)

Requirements for Final Approvals. Based on Town and CSFS or DFPC review, the applicant may be required to revise the study. The applicant must demonstrate prior to development approval how the development complies with the mitigation strategies identified in the study.

(Ord. No. 2025-01, § 2(Exh. A), 1-27-2025)