8-102.A. Notice. The notice and public hearing requirements of C.R.S. 31-23-304, as amended, have been followed;

8-102.B. Regulations Necessary. These regulations are necessary due to the intensity of current and foreseeable development pressures on and within the Town;

8-102.C. Entire Town. These regulations apply to all areas within the incorporated limits of the Town, as it presently exists or as subsequently modified or enlarged; and

8-102.D. Designated Areas and Activities. These regulations interpret and apply to any regulations adopted for specific areas of local or state interest and specific activities of local and state interest which have been or may be designated by the Town Council.

8-106.A. Adopted. Each map referred to in designations and regulations for a particular matter of local or state interest adopted by the Town Council is deemed adopted herein as if set out in full.

8-106.B. Location. Maps referred to in any such designation and regulation shall be filed with and be available for inspection at the office of the Town Clerk and shall also be available for inspection in the Planning Department.

8-203.A. Studies. The “careful and comprehensive studies and surveys” upon which the Master Plan must be based according to C.R.S. 31-23-107, as amended, shall include the technical step as described in Section 8-201.

8-203.B. Review. If any other local governmental jurisdiction would be directly or indirectly affected, the proposed identification shall be submitted at least thirty (30) days before adoption of official identification as part of the Master Plan.

8-203.C. Adoption resolution.

8-301.A. Pursuant to Identification. After a matter of local and state interest has been identified as provided in Division II of this Article, the Town Council may designate such matter in accordance with the provisions of this Article and C.R.S. 24-65.1-401 et seq., as amended; or

8-301.B. Emergency Basis. If the Town Council finds that it would be inappropriate to await identification of any matter of local and state interest by the Planning and Zoning Commission, the Town Council may, on an emergency basis, designate such matter prior to adoption of the identification; or

8-301.C. State Mandated. If the State of Colorado submits a formal request to the Town Council with regard to a specific matter which the State of Colorado considers to be of state interest within the Town, the Town Council shall publish notice and conduct a hearing pursuant to C.R.S. 24-65.1-404, as amended; or

8-301.D. Petition. If the Town Council receives a petition signed by a number of qualified electors equal to at least eight percent (8%) of the total number of votes for all candidates for governor in the last general election in the Town requesting designation of any matter of local and state interest, the Council shall begin designation proceedings on that matter of local and state interest as set out in this Article; or

8-301.E. Court Order. At any time after the designation of any matter of local or state interest by the Town Council pursuant to court order, a proceeding to revoke or amend any such designation may be held only upon the subsequent order of the same court which ordered the designation.

8-303.A. Public Hearing. The Town Council shall hold a public hearing before designating any matter of local or state interest and adopting regulations for the administration thereof. The hearing shall be held not less than thirty (30) nor more than sixty (60) days after the Council’s receipt of the petition described in Section 8-301 D. In the event that the State of Colorado submits a formal request to take action, such public hearing for designation shall be held within ninety (90) days after receipt of such request.

8-303.B. Hearing Notice. The Planning Director shall prepare a notice of the designation hearing which shall contain that information required in Section 5-204.C. of this Title and include a description of the area or activity proposed to be designated in sufficient detail to provide reasonable notice as to property which would be included. The notice should include, when practicable, both the legal description of the property as well as any general or popular names of the property.

8-303.C. Evidence at Public Hearing. At the public hearing, the Town Council shall consider such evidence as may be appropriate including, as a minimum:

8-303.D. Record of Hearing.

8-303.E. Adoption Of Designation.

8-303.F. Actions Following Designation.

8-401.A. Planning Director. Unless otherwise specifically provided herein, it shall be the duty of the Planning Director to perform all functions set forth in all regulations for matters of local and state interest.

8-401.B. Building Official. It shall be the duty of the Building Official to determine that all requirements of this Article have been met prior to issuance of a building permit, and that the permit requirements of this Division are completed prior to issuance of a certificate of occupancy.

8-401.C. Town Engineer. The Town Engineer is designated as the Permit Authority for the Town and shall exercise all duties and functions relating to issuance of permits as prescribed by these regulations.

8-402.A. Permit Authority Responsible. Where interpretation is needed as to the exact location of the boundary of any designated area and where there appears to be a conflict between a mapped boundary and actual field conditions, the Permit Authority shall make the necessary determination of the boundary.

8-402.B. Appeal. Determinations of the Permit Authority as to boundary disputes may be appealed to the Town Council, pursuant to Section 8-410 of this Division.

8-407.A. Publish Notice. Not later than ten (10) days after receipt of a completed application for a permit, the Permit Authority shall set and publish notice of a date, time and place for a hearing on the application. Such notice shall be published once in a newspaper of general circulation in the Town, at least fourteen (14) days before the date set for hearing and shall also be given to any owner of property within one hundred feet (100') of the subject property, exclusive of public rights of way and streams.

8-407.B. Notice to Telluride Fire Protection District. Notice of permit hearing for geologic hazards review shall also be sent to the Telluride Fire Protection District, along with complete submission materials. The Fire Protection District may comment on their ability to adequately provide fire protection and ambulance service to the proposed development. Comments may be submitted in person or in writing at the public hearing.

8-407.C. Public Hearing Exemption. When the applicant seeks permission to construct a one-family dwelling unit or an addition to an existing structure, the application may be exempted from the public notice and hearing requirement. Upon petition to the Permit Authority, an applicant who seeks to construct multiple units may request exemption from the public notice and hearing requirement upon submission of sufficient evidence that the specific area is safe from the defined hazard(s). The exemption is at the discretion of the Permit Authority.

8-407.D. Hearing Conduct Generally. The Permit Authority shall conduct the public hearing in such a manner to afford procedural due process to the applicant as well as to any person interested in the issuance of the permit.

8-407.E. Testimony. The Permit Authority shall hear testimony and receive evidence, including:

8-407.F. Rules of Procedure. Although the Colorado Rules of Civil Procedure do not govern the conduct of the hearing, persons appearing at the hearing in person or by counsel shall be afforded the right of cross examination and reasonable opportunity to offer evidence in rebuttal. Any person engaging in cross-examination or offering evidence in rebuttal shall thereby become a party.

8-407.G. Recording and Transcription. Any person may, at his own expense, provide for the recording of the hearing and transcription; provided, however, that a copy of the recording or transcript thereof, if transcribed, shall be furnished free of charge to the Permit Authority and shall become part of the record.

8-407.H. Record. The Permit Authority shall collect and preserve the following record of the public hearing:

8-407.I. Denial Continuance. If the Permit Authority finds that there is not sufficient information concerning any material feature of a proposed development or activity, the Permit Authority may deny the application, or may continue the hearing until the additional information has been received.

8-407.J. Approval. The Permit Authority shall approve an application for a permit to engage in development in an area of local or state interest or for the conduct of an activity of local or state interest if the proposed development or activity complies with the provisions of the regulations governing such area or activity. If the proposed development does not comply with such regulations, the permit shall be denied.

8-407.K. Written Decision. The Permit Authority conducting a hearing pursuant to this Article shall record its findings and conclusions.

8-407.L. Decision Deadline. The Permit Authority shall reach a decision on a permit application within thirty (30) days after the completion of the permit hearing, or the permit shall be deemed approved.

8-407.M. Issuance.

8-409.A. Purpose. The purpose of the financial guarantee shall be to assure that the applicant or permittee shall faithfully perform all requirements of the permit or applicable regulations adopted by the Town.

8-409.B. Amount. The amount of the financial guarantee shall be established upon consideration of the following applicable criteria:

8-409.C. Cash Deposit. At least ten percent (10%) of the amount of the financial guarantee shall be in cash deposited with the Town Treasurer and shall be placed in an earmarked escrow account.

8-409.D. Release. The financial guarantee may be released only when:

8-409.E. Cancellation. Any security may be canceled by a surety only upon receipt of the Permit Authority’s written consent which may be granted only when such cancellation will not detract from the purposes of the security.

8-409.F. Failure of Surety. If the license to do business in Colorado of any surety upon a security filed pursuant to this Division is suspended or revoked by any state authority, then the applicant or permittee, within sixty (60) days after receiving notice thereof, shall substitute a good and sufficient surety licensed to do business in the state. Upon failure of the permittee to make substitution of surety within the time allowed, the Permit Authority shall suspend the permit until proper substitution has been made.

8-409.G. Forfeiture.

8-409.H. Inadequacy. If the forfeiture results in inadequate revenues to cover the costs of accomplishing the purposes of the financial guarantee, the Town Attorney shall take such steps as he or she deems proper to recover such costs where recovery is deemed possible.

8-410.A. Any person affected by a decision of the permit authority may obtain review of that decision by the Town Council by written notice of appeal which specifies the basis of objections and which is filed with the Permit Authority and the Town Council not later than twenty (20) days after the permit authority’s order or decision.

8-410.B. The Town Council shall commence its review of the decision of the permit authority at a public hearing held within thirty (30) days after filing of the notice of appeal, or at the Council’s second regular meeting after the notice of appeal is filed, whichever is later.

8-410.C. Notice shall be given and the public hearing shall be conducted in substantially the same manner as the permit hearing conducted by the Permit Authority.

8-410.D. During the pendency of any appeal to the Town Council and during any judicial review thereof, the applicant shall not engage in development or the activity requested in the application, unless the permittee can obtain a court order permitting the development or engaging in an activity under the provisions of the permit.

8-412.A. Violation. A violation of the provisions of the permit or any applicable municipal regulation; or

8-412.B. Inactivity. That the applicant has failed to take substantial steps to initiate the permitted development or activity within twelve months from the date of the permit or, if such steps have been taken, the applicant has failed to complete the development or activity with reasonable diligence.

8-701.A. Acceptable type of construction for buildings below the water table;

8-701.B. The location in which the regulations should apply; and

8-701.C. Requirements for groundwater studies by development applicants.

8-702.A. This Division shall apply to all lands within the incorporated Town as described on the Town of Telluride Official Groundwater Zone Map, certified and on file with the Planning Department, the Office of the Town Clerk, and the Office of the Town Engineer. However, subsurface utility work conducted within street right-of-way is exempted. Zone boundaries may be altered or extended, from time to time, as warranted by the collection of additional data. The zone boundaries are general in nature and shall not be used to limit the acquisition of additional data.

8-702.B. Zone 1 is the area in which there is a high probability that the seasonal high water table will be five (5) feet or less from the surface. As a result, construction activities and structures may be expected to routinely penetrate groundwater. Zone 1 also includes all significant wetland and riparian resources within the zone. The Zone 1 corridor is generally within two hundred (200) feet of significant wetlands and the San Miguel River.

8-702.C. Zone 2 is the area in which there is a probability that the seasonal high water table will vary between five (5) and twenty (20) feet below the ground surface. In this area construction activities may intercept groundwater depending on location within the zone and type of construction.

8-702.D. Zone 3 is the area in which there is a high probability that the seasonal high water table will be greater than twenty (20) feet deep. In this area it is anticipated that normal construction activities will not penetrate groundwater. It is unlikely that this Division shall apply in this zone.

8-703.A. Water Proof Foundations Required and Permanent Dewatering Prohibited. Foundations designed and constructed below the water table shall not incorporate permanent dewatering capabilities, and shall be waterproofed. Dewatering is permitted during the construction phase only. Dewatering activities shall be undertaken pursuant to direction found within the applicable groundwater investigation and the standards described within Section 8-705, unless otherwise directed by the Town. Dewatering activities shall occur during periods of low water in the Town and when the water table is most likely to be negatively impacted; generally, this period occurs between August 15 of one year and March 31 of the following year. Suggested waterproofing techniques include, but shall not be limited to, double-walled foundations, specialized concrete coatings, or other foundation layering methods.

A waterproof structure may include permanent, emergency dewatering capabilities. Emergency dewatering systems must not be designed to drawdown the water table beneath and surrounding a structure. These systems shall only be allowed to remove water seeping into a structure through an unanticipated leak or leaks in the water proofing system.

8-703.B. Maximum Water Table Intrusion. Unless authorized by P&Z, the depth of permanent subsurface construction other than spread footer foundation support shall be limited to one level below pre-construction grade of the site, unless groundwater is not encountered. Authority to exceed this limit may be authorized by P&Z at a public hearing noticed pursuant to Section 5-204. P&Z may approve exceeding this limit only if: 1) P&Z finds that adequate evidence exists to ensure that the proposed construction will not cause negative impacts on groundwater flows in the Town; 2) the land owner fully accepts responsibility to correct any potential negative impacts on groundwater flows; and, 3) assessments of all potential alternatives to the proposed subsurface construction are completed by the applicant.

8-703.C. Preliminary Groundwater Investigations Required. Preliminary investigations, and if necessary, detailed groundwater investigations, shall be required of all development applicants proposing projects in Zone 1, pursuant to Section 8-704.

8-703.D. Groundwater Investigations Outside Zone 1.

8-704.A. Preliminary Investigations.

8-704.B. Detailed Groundwater Investigations.

8-704.C. Town Review of Groundwater Studies. The Town shall review submitted groundwater investigations for completeness and accuracy. Excepting single family and duplex home development in Zone 3, the Town reserves the discretion to employ an expert in the field, at the applicant’s expense, to review the adequacy of the investigations and findings. The reports and data shall be incorporated into the Town’s groundwater data base.

8-705.A. State of Colorado Water Quality Control Commission (WQCC) Discharge Permit Required. Dewatering shall not be allowed to start unless a WQCC discharge permit is in place. Temporary construction dewatering activities fall into this category and any construction activity that discharges groundwater to State waters must obtain a permit. The WQCC general permit is not automatically in effect and the WQCC must be notified through a formal application process before the general permit will apply to a specific activity. Any discharges without first making application and receiving the permit are unauthorized. Compliance with the water quality discharge standards established in the permit is required as long as dewatering activities occur.

8-705.B. Town Authority. The Town retains the authority to inspect the dewatering facilities prior to, and periodically during dewatering activities. If the facilities are found to be non functional, or if dewatering activities are occurring contrary to Town direction and the requirements of this division, the Town may require cessation of dewatering until the facility is repaired or improved and is functioning properly.

8-501.A. Minimize Impact. To minimize the impact of geologic hazards to life and property by:

8-501.B. Protect Occupants. To protect geologic hazard area occupants or users from the impacts of geologic hazards which may be caused by their own, or their land uses and which is or may be undertaken without full realization of the danger by:

8-501.C. Avoid Public Costs. To protect the public from the burden of excessive financial expenditures from the impacts of geologic hazards and relief by:

8-502.A. Designated Areas. This Division is applicable to all lands within designated geologic hazard areas within the Town.

8-502.B. Mapped and Known Hazard Areas. This Division shall apply to all lands within the incorporated Town as follows:

8-506.A. Reasonable Protection. The degree of protection from geologic hazards intended to be provided by this Division is considered reasonable for regulatory purposes, and is based on accepted geologic and scientific methods of study. This regulation is intended to minimize the dangers, costs and impacts from geologic hazards. Therefore, unforeseen or unknown geologic conditions or natural or manmade changes in conditions may contribute to future damages to structures and land uses even though permitted within designated geologic hazard areas. This Division does not imply that areas outside designated geologic hazard area boundaries or land uses permitted within such areas will be free from all impacts of geologic hazards.

8-506.B. No Liability Created. This Section shall not create liability on the part of the Town or any officer, agent, or employee thereof, or the Colorado Geological Survey or any employee thereof, for any personal or property damage that may result from reliance on this Division or from acts in furtherance thereof by any officer agent, or employee of the Town, or from damages occurring in areas which for any reason have not been officially designated as geologic hazard areas.

8-510.A. Recreational Uses. Public and private recreational uses not requiring permanent structures designed for human habitation such as parks, picnic grounds, wildlife and natural preserves, skiing and hiking areas if such uses do not cause intense concentrations of people in areas of high hazard probability.

8-510.B. No Human Habitation. None of the uses described in subsection A of this section shall include permanent structures for human habitation.

8-512.A. Minimum Contents. The minimum application contents as specified in Section 5-202.C of this Title;

8-512.B. Vicinity Topography Map. A vicinity topography map showing the location of the permit area and its relationship to surrounding topographic and cultural features. Two foot (2') and five foot (5') contour interval maps are available for most of the Town. The map shall indicate major land uses such as commercial, residential, parks, public facilities, roads and other significant natural and manmade features within one half (1/2) mile of the property;

8-512.C. Development Map. A topographic map or maps showing the location, nature and density of the proposed development or land use change. Such maps shall be on a scale sufficiently detailed to meet the purposes of this Division, but in no case less detailed than one inch equals two hundred feet (1" = 200');

8-512.D. Geologic Conditions Map. A map or maps portraying the geologic conditions of the area, with particular attention given to adopted geologic hazard areas and those geologic, hydrologic, soil and topographic factors affecting geologic hazard conditions. If appropriate or needed, subsurface geologic cross sections shall also be utilized to portray such conditions at depth. Such maps shall also show the topography with a contour interval of five feet (5') or smaller. Such maps shall be on a scale sufficiently detailed to meet the objectives of this Division but, in no case, less detailed than one inch equals two hundred feet (1' = 200'). If possible, the geologic maps shall be at the same scale and format as the development map;

8-512.E. Technical Report. A geologist’s or registered geotechnical engineer’s report explaining the maps and cross sections required in this section with particular emphasis on evaluating and predicting the impact of such geologic or hazardous conditions on the proposed land use changes and developments. It shall also include recommended mitigating procedures to be employed in meeting the purposes of this Division;

8-512.F. Description of Development. The applicant, in narrative, pictorial or graphic form shall explain the nature, density and intensity of the proposed development or land use change, and shall explain mitigation procedures which will be needed and are planned to carry out the purposes of this Division;

8-512.G. Additional Materials. Any additional reports, maps or other information deemed necessary in the opinion of the staff or any referral agency to demonstrate conformance with the guidelines of this Division.

8-516.A. Waiver Authorized. The Permit Authority may waive any part but not all of the submission requirements imposed by this regulation upon petition of the applicant that full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the permit authority, upon a written determination that the information to be submitted is sufficient for the permit authority to arrive at a permit decision in full compliance with the law and this Division and that the proposed development will have an insubstantial impact on the surrounding areas.

8-516.B. Public Hearing; Exemption. The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in compliance with the provisions of Section 8-407, except when the applicant seeks permission to construct one (1) unit or an addition or alteration to an existing structure, the applicant shall be exempt from the public notice and hearing requirement. Upon petition to the Permit Authority, an applicant who seeks to construct multiple units may also request exemption from the public notice and hearing requirements, if sufficient evidence is submitted that the specific area is safe from the defined hazard(s). The exemption shall be at the discretion of the Permit Authority. When applicants are exempt from the public notice and hearing requirement, the Permit Authority shall render a decision at a regular meeting of the Permit Authority.

8-517.A. Procedural Compliance. All of the provisions of the permit application procedure have been complied with;

8-517.B. Health, Safety and Welfare. Provision is made for the protection of the long term health, safety and welfare of the public from geologic hazards to life, property and associated investments;

8-517.C. Financial Burden. The proposed development will not create an undue financial burden on existing or future residents of the area or community;

8-517.D. Minimize Danger to Humans. Structures designed for human occupancy and sites designed for human use shall be constructed so as to minimize the danger to human life or property;

8-517.E. Avoid or Mitigate Hazards. Permitted land uses, including public facilities which serve such uses, shall avoid or mitigate geologic hazards at the time of initial construction using the techniques set forth in this Division;

8-517.F. Natural Conditions. Manmade changes shall not initiate or intensify adverse natural conditions within a geologic hazard area;

8-517.G. Colorado Geological Survey. Recommendations concerning the proposed development in the designated geologic hazard area by the Colorado Geological Survey may be solicited and considered. The Colorado Geological Survey shall be allowed no less than thirty (30) days in which to respond to such referrals;

8-517.H. Disclosure. Provision is made for disclosure, prior to sale, of all geologic hazards and mitigation procedures undertaken and for attaching a delineation and description of the hazard and mitigation measures to all deeds, titles and recorded documents involving a transfer of ownership of the subject land;

8-517.I. Open Space. Nonconflicting open space uses such as agriculture, greenbelt and recreation are incorporated into the development plan to the greatest practicable extent. Such maximization of open space uses shall be in addition to other required mitigation procedures;

8-517.J. Emergency Services. That adequate fire protection and ambulance service can be achieved, based upon fire department review and recommendation, if available.

8-521.A. Site Location and Design. The applicant shall show that the proposed development is either located in a site free from avalanche danger or is adequately protected by avalanche defenses or structural provisions.

8-521.B. Access. No development shall be accessible only by crossing dangerous active avalanche paths.

8-521.C. Removal of Vegetation. 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. Where any alteration of vegetation cover is allowed, revegetation shall be initiated promptly and provisions ensuring seedling protection, including an acceptable irrigation plan, shall be enforced until seedlings are large enough to stabilize the snow cover.

8-521.D. Extractive Operations. Extractive operations shall not be conducted in historic or high hazard avalanche areas during winter without an adequate program of avalanche control and defense measures.

8-521.E. Utilities. Utility lines or pipes crossing historic avalanche areas shall be buried underground, and surface pipes and poles or towers for suspended transmission lines in historic avalanche areas shall be adequately protected by avalanche diversion or direct protection structures.

8-521.F. Roads for Winter Use. Roads intended for winter use shall avoid avalanche hazard areas.

8-521.G. Temporary or Seasonal Uses. Building restrictions may be modified for construction of underground utilities such as water reservoirs or for temporary buildings used only in non avalanche season and either removed or protected in the winter.

8-521.H. Warning Signs. Warning signs of avalanche danger shall be placed along roads and trails that are commonly traveled in winter where they cross avalanche paths characterized by high frequency of activity.

8-521.I. Artificial Release. Artificial release of avalanche by explosive control or artillery shall not be considered an acceptable mitigation technique for areas of potential human occupancy.

8-523.A. Required Practices. Any development proposal in a potentially unstable slope area shall evaluate the severity of slope instability. Geophysical or subsurface investigation shall be required in this evaluation. In extremely hazardous areas development shall be discouraged. In areas determined by Permit Authority to be of moderate hazard, development shall only be permitted if the applicant provides an engineered design and construction stabilization plan and appropriate maintenance measures as approved by a qualified professional geotechnical engineer or engineering geologist registered in the state of Colorado and as approved in the site plan, and if the applicant assumes the risk of damages to adjoining property or structures.

8-523.B. Prohibited Practices. Any land use in a potentially unstable slope area shall not be allowed to:

8-524.A. Structures Discouraged. Structural construction associated with residential, commercial, industrial, industrial development and high hazard recreational activity shall be discouraged in Rockfall Hazard Areas.

8-524.B. Uses Permitted. The following uses in addition to open space uses listed in Section 8-510 and other similar uses shall be permitted uses subject to the terms and conditions of this section:

8-524.C. Measures Required. Any other development or activity shall not be approved unless adequate engineering construction and design stabilization and maintenance measures are assumed by the applicant as approved in the site plan. Measures shall minimize visual impacts to the community, and may be subject to Town Development Standards. Such measures shall be periodically maintained.

8-524.D. Prohibited Practices. Any land use in a Rockfall Hazard Area shall not:

8-525.A. Development Discouraged. Development shall be discouraged on slopes of thirty percent (30%) or more, unless problems of stability and erosion can be overcome. Any development approval shall be based on a detailed site survey including geologic and engineering analysis and shall include but not be limited to complying with the following:

8-526.A. Evaluation Required. Any development or activity proposal in an alluvial fan area shall evaluate the site to determine the potential for flash flooding and mud flows or debris flows. Correction of adverse conditions through engineered design and construction may be an acceptable mitigation technique if supported by proper technical evidence. This may include channelization, diversion dikes, debris catchment basins, special foundation and other means.

8-526.B. Prohibited Practices. Disturbance in the drainage basin above the fan shall not be permitted without first evaluating the effect on runoff and stability of the fan.

8-527.A. Structures Prohibited. Any structural construction associated with residential, commercial and industrial development and high impact recreational activity shall be prohibited in talus slope areas.

8-527.B. Minimize Site Disturbance. Site disturbance shall be minimized to avoid inducing instability in the slope.

8-527.C. Mechanical Support Required. The toe of the talus slope shall not be removed without providing adequate mechanical support.

8-528.A. Evaluation Required. Any application for development or activity in a Mancos Shale area shall evaluate the proposal’s effect on slope stability and shrink swell properties and shall consider vegetation, runoff effects on sub surface water and bottom support for possible use of special foundations.

8-528.B. Impoundments. Impoundment of water on or above shale slopes shall not be allowed, unless it is determined that there will be no adverse effects;

8-528.C. Drainage. Adequate surface drainage shall be provided.

8-528.D. Runoff Control. Concentrated runoff from impervious surfaces into natural drainages shall not be allowed, unless it is demonstrated that there will be no adverse effect.

8-529.A. Structures Prohibited. Structures shall not be located on active faults or under cliffs or overhangs in heavily faulted regions.

8-529.B. Sewage Disposal Facilities. Sewage lines and treatment systems shall not be placed across fault lines without incorporating adequate engineering measures.

8-529.C. Wells. No wells shall be drilled that pump or force fluids into any active or inactive fault.

8-529.D. Uniform Building Code. Engineered design and earthquake resistant construction are also provided in the Uniform Building Code.

8-602.A. Permit Safe Uses. Permit only such uses within the designated floodplains as will not endanger life, health, public safety or property in times of flood;

8-602.B. Prohibit Flow Obstructions. Prohibit the placement of fill, culverts, bridges and other structures or materials which would obstruct flood flows or cause potentially damaging debris to be carried downstream;

8-602.C. Minimize Flood Control Costs. Minimize expenditures of public funds for costly flood control projects;

8-602.D. Minimize Rescues. Minimize rescue and relief efforts, generally undertaken at the expense of the general public;

8-602.E. Prevent Interruptions. Prevent avoidable business and commercial interruptions;

8-602.F. Minimize Damages. Minimize damages to public facilities, critical facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

8-602.G. Notify Buyers. Ensure that potential buyers are notified that property is in an area of special flood hazard;

8-602.H. Minimize Pollution. Minimize the pollution of water by prohibiting the disposal of garbage and other solid waste materials in floodplains.

8-602.I. Maintain Stable Tax Base. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; and

8-602.J. Occupant Responsibility. Ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

8-603.A. Degree of Protection Reasonable. The degree of flood protection required by this Division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This Division does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This Division shall not create liability on the part of the Town of Telluride, any officer or employee thereof, or FEMA, for any flood damages that result from reliance on this Division or any administrative decision lawfully made thereunder.

8-603.B. Temporary Floodway Maps. Utilization of temporary floodway maps which have not received final approval from FEMA does not imply that the flood boundaries of the approval maps by FEMA will be the same as the temporary maps. Neither the Town nor its officers, employees, or agents shall be liable in any manner for an applicant’s reliance on the maps approved under Section 8-604.

8-608.1. Considered as minimum requirements;

8-608.2. Liberally construed in favor of the governing body; and

8-608.3. Deemed neither to limit nor repeal any other powers granted under State statutes.

8-611.A. Minimum Contents. The minimum application contents as specified in Section 5-202.C of this Title;

8-611.B. Certified Plan. One hard copy and one electronic copy of a plan certified by a registered professional engineer, registered in the state, locating the proposed development with respect to the following:

8-611.C. Maps. One hard copy and one electronic copy of the following maps or drawings:

8-611.D. Elevation. The applicant shall submit the elevation (in relation to mean sea level) of the lowest floor (including basement) of the structure and where the lowest floor is below grade on one or more sides, the elevation of the floor immediately above.

8-611.E. Coordination. The applicant shall submit evidence satisfactory to the Permit Authority that the applicant has coordinated adequately with the upstream, downstream or adjacent communities adversely affected by any development, fill encroachment or alteration or relocation of a watercourse;

8-611.F. Floodproofing. Where floodproofing is utilized for a particular structure in accordance with this Division, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one hundred year flood. The applicant shall also provide the elevation in relation to mean sea level to which any structure has been floodproofed.

8-611.G. Watercourse Alteration. No person shall engage in any development that would cause alteration or relocation of an established watercourse as a result of proposed development.

8-611.H. Properties Removed from the Floodplain by Fill. 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 on Fill (LOMR-F), unless such new structure or addition complies with the following:

8-611.I. Additional Material. The applicant shall submit such other material as may be required by the Permit Authority in order to determine if appropriate design and performance standards have been met.

8-612.A. Waiver Authorized. The Permit Authority may waive any part but not all of the submission requirements imposed by this Division upon petition of the applicant that:

8-612.B. Standards. Such a waiver may be granted, after due consideration by the Permit Authority, upon a written determination that the information to be submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and this Division and that the proposed development will have an insubstantial impact on the surrounding area.

8-612.C. Procedure. The petition shall be considered and the decision rendered by the Permit Authority at a meeting of the Permit Authority, which shall be open to the public.

8-613.A. Scale. All maps required shall be of a scale sufficiently detailed to allow the Permit Authority to determine whether the proposed development and the topographic features of the land meet the requirements of this Division. In no event shall the scale of maps be less than one inch equals one hundred feet (1" = 100') or such other scale as may be determined by the Permit Authority.

8-613.B. Contour Intervals. All maps required shall show existing topographic contours of not greater than two foot (2') intervals.

8-613.C. Accuracy. All maps prepared by private contractors or consultants shall meet the following standards of accuracy: Ninety percent (90%) of the contour lines must be within one-half (1/2) contour interval; the remaining contour lines must be within one (1) contour interval.

8-613.D. Elevations. All maps submitted by an applicant seeking a permit to develop a specific site shall show existing (dashed lines) and finished (solid lines) elevation contours of the site at an interval of no greater than one foot (1') within a designated flood hazard area.

8-614.A. Information Requirements. The applicant has submitted all information required by Section 8-611;

8-614.B. Standards. The development will not violate any of the applicable prohibitions, restrictions or design standards set out in this Division; and

8-614.C. Purpose and Intent. The development will not otherwise violate the purpose and intent of this Division.

8-618.A. Permit Required. No person shall engage in any development in any floodway zone without a permit.

8-618.B. Standards. Located within areas of special flood hazard established in Section 8-604 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply within the floodway:

8-619.A. Hazardous Materials. The storage or processing of materials that in time of flooding are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life;

8-619.B. Solid Waste Disposal. The disposal of garbage or other solid waste materials;

8-619.C. Human Occupation. The human occupation of structures, either fixed or mobile, for residential purposes, either permanent or temporary;

8-619.D. Debris. Substantial solid debris being carried downstream by flood waters;

8-619.E. Obstruction. Any obstruction which would adversely affect the efficiency of or restrict the flow or capacity of designated floodplain so as to cause foreseeable damage to others, wherever located.

8-622.A. Prohibited Activities. The development proscribed in Section 8-619.A. and B. shall not be allowed in the area of the special flood hazard.

8-622.B. Development. No new construction, substantial improvements or other development (including fill) shall be permitted 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 foot (1') at any point within Town.

8-622.C. Setback. Any residential or nonresidential building or structure, whether fixed or mobile, designed for human occupancy or the storage of property, and occupying a space greater than one hundred (100) square feet, shall be constructed, located or improved so that any external wall is not less than fifteen feet (15') horizontally from the floodway.

8-622.D. Elevation. The lowest floor (including basement) of any residential structure shall be elevated to or above the maximum water elevation of the computed base flood. The lowest floor (including basement) of any nonresidential structure shall be elevated to or above the maximum water elevation of the computed base flood, unless such structure has been adequately floodproofed to or above the maximum water elevation. The floodproofing of nonresidential structures must be certified by a registered professional engineer or architect that the new design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph D. Such certifications shall be provided to the permit authority as set forth in Section 8-636.

8-622.E. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

8-622.F. Manufactured Homes. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and be capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Specific requirements may be:

8-622.G. Recreational Vehicles. All recreational vehicles shall (a) be on site for fewer than one hundred eighty (180) consecutive days, (b) be fully licensed and ready for highway use, or (c) meet the permit requirements and elevation and anchoring requirements for manufactured homes.

8-623.A. Anchoring. Designed so that the proposed construction (including prefabricated homes) is anchored to prevent flotation, collapse or lateral movement of the structure;

8-623.B. Flood Resistance. Constructed with materials and utility equipment resistant to flood damage and constructed using methods and practices that minimize flood damage;

8-623.C. Utilities. Designed so that all utility and sanitary facilities attendant to new construction and substantial improvements of residential and nonresidential structures are floodproofed using flood resistant materials to or above the level of the intermediate regional flood;

8-623.D. Drainage. Designed so that adequate drainage is provided so as to reduce exposure to flood hazards;

8-623.E. Infiltration. Designed so that new or replacement water supply systems and sanitary sewage systems minimize or eliminate infiltration of flood waters, and discharge from the systems into flood waters, and provide for on site waste disposal systems to be located so as to avoid impairment of them or contamination from them during or subsequent to flooding; and

8-623.F. Floodproofing. Designed so all utility and sanitary facilities attendant to new construction and substantial improvements of residential and nonresidential structure are floodproofed to or above the level of the base flood.

8-624.A. Residential Structures. All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), 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.

8-624.B. Non-Residential Structures. With the exception of Critical Facilities new construction and substantial improvements of any commercial, industrial or other non residential structure shall either have the lowest floor (including basement) electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one foot above base flood elevation, or together with attendant utility and sanitary facilities, shall, be designed so that at one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

A registered Colorado Professional Engineer or architect shall develop and/or review structural design, specification, 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.

8-624.C. Openings Below the Lowest Floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in any area other than a basement which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

8-626.A. Generally. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subsections (1) through (11) of Section H, below, have been fully considered. As the lot size increases beyond one half (1/2) acre, the technical justifications required for issuing the variance shall increase.

8-626.B. Written Notice. Any applicant to whom a variance is granted shall be given written notice by the Permit Authority 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.

The permit authority shall also notify the applicant in writing that:

8-626.C. Technical Data. Applications for a variance from provisions of Sections 8-618 through 8-625 must include sound technical data as to foundation anchoring, floodproofing for flood resistivity with flood resistant materials and an engineering analysis of material design to withstand and resist hydrostatic and hydrodynamic loads.

8-626.D. Records of Variances. The Permit Authority shall maintain a record for all variance actions including justification for their issuance, and shall report such variances issued in its annual report to the Flood Insurance Administration Administrator.

8-626.E. Existing Structures Exempt. The provisions of Sections 8-618 through 8-625 shall not apply to any fixed building or structure already lawfully in place or for which a lawful permit has been granted at the time of the ordinance from which this section derives; provided, that in the event of substantial improvement of such building or structure, its reconstruction or replacement shall be considered a new use and be governed by the other applicable provisions of Sections 8-618 through 8-625.

8-626.F. Appeals. P&Z shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Town Engineer in the enforcement or administration of this Division. Those aggrieved by the decision of P&Z, or any interested taxpayer, may appeal such decisions to the Town Council pursuant to Section 5-207 of this Title, and thereafter to the District Court of San Miguel County, pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

8-626.G. Standards. In passing upon an appeal or request for variance, P&Z and the Permit Authority, as applicable shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Division, and:

8-626.H. Conditions. Upon consideration of the purposes of this Division, P&Z and the Permit Authority, as applicable, may attach such conditions to the granting of appeals or variances as it deems necessary to further the purposes of this Division.

8-626.I. Records of Appeals. The Permit Authority shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.

8-630.A. Permit Authority Duties. As part of the approval process, the Permit Authority shall review subdivision proposals to determine whether such subdivision is reasonably safe from flooding. The Permit Authority shall review the subdivision proposal to assure that it is designed in a manner consistent with the need to minimize flood damage in flood prone areas, and that all public utilities and facilities are located and constructed to minimize or eliminate flood damage, and that adequate drainage is provided to reduce exposure to flood hazards.

8-630.B. Data. 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.

8-631.A. Restricting Hazardous Uses. 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;

8-631.B. Protecting Vulnerable Uses. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

8-631.C. Controlling Alteration. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

8-631.D. Controlling Development. Controlling filling, grading, dredging, and other development which may increase flood damage; and

8-631.E. Preventing Flood Barriers. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

8-634.A. Classification of Critical Facilities. Critical Facilities are classified under the following categories: (a) Essential Services; (b) Hazardous Materials; (c) At-risk Populations; and (d) Vital to Restoring Normal Services.

It is the responsibility of the Town of Telluride to identify and confirm that specific structures in their community meet the following criteria:

8-634.B. Protection for Critical Facilities. All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the Special Flood Hazard Area shall be regulated to a higher standard than structures not determined to be Critical Facilities. For the purposes of this ordinance, protection shall include one of the following:

8-634.C. Ingress and Egress for New Critical Facilities. New Critical Facilities shall, when practicable as determined by the Town of Telluride, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

8-635.A. Appointment. The Permit Authority is hereby appointed to administer, implement, and enforce this Division by granting or denying development permit applications in accordance with the provisions of this Article.

8-635.B. Duties. Duties of the Permit Authority shall include, but not be limited to the review all development permits to determine if the proposed development is located in the Floodway. If a development is located in the Floodway, the Town Engineer shall assure that the encroachment provisions of Section 8-620 are complied with. The Permit Authority shall review all development permits to determine that the permit requirements of this Division have been satisfied.

8-637.A. New or Improved Structures. The Building Official shall obtain and record the actual elevation of the lowest floor of all new or substantially improved structures, whether or not the structure contains a basement.

8-637.B. Floodproofed Structures. For all new or substantially improved floodproofed structures, the Permit Authority shall:

8-639.A. Notification. The Permit Authority shall notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and shall submit copies of such notification to FEMA.

8-639.B. Flood Carrying Capacity. The Permit Authority shall ensure that no permit will be issued which would allow any watercourses to be altered or relocated which would diminish the flood carrying capacity for such watercourses.

8-640.A. Notification. The Planning Director shall notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

8-640.B. Violations. If a violation is found to exist, the Permit Authority shall, by written order, direct that such remedial action be taken forthwith as will result in full compliance with the applicable provisions of this Division; provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as set forth in Section 8-617, Division 4 of this Article 8 or in Article 1, Division 3; and provided that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of this Division in any court action instituted seeking full compliance therewith, but evidence of compliance with such order may be introduced as pertinent to mitigation and extenuation.