TC Ord. No. 1983-34TOWN OF AVON
ORDINANCE 110. 83-34
Series of 1983
AN ORDINANCE CONCERNED WITH FLOOD DAMAGE PREVENTION
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
WHEREAS, The legislature of the State of Colorado has in C.R.S.
1973, 31-23-301, delegated the responsibility to local
governmental units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, The flood hazard areas of Avon are subject to periodic
inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood pro-
tection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety and general
welfare, and
WHEREAS, These flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately
floodproofed, elevated, or otherwise protected from flood
damage also contribute to the flood loss.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of
Avon, Colorado,
SECTION 1. That there be and hereby is added to the Municipal
Code of the Town of Avon, a new Chapter, to be identified as
Chapter 17.44, which shall read as follows:
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FLOOD DAMAGE PREVENTION
17.44.010 Purpose
17..44.020 Hethods of Reducing Flood Losses
17.44.030 Definitions
17.44.040 Basis for establishing the areas of
Special Flood Hazard
17.44.050 Lands to which this ordinance applies
17.44.060 Compliance
17.44.070 Abrogations and greater restrictions
17.44.080 Interpretation
17.44.090 Warning and Disclaimer of Liability
17.44.100 Permit Requirement
17.44.110 Duties and Responsibilities for Administration
17.44.120 General Standards
17.44.130 Specific Standards
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17-44-010 PURPOSE
It is the purpose of this chapter 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:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood
control projects;
C. To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets, and bridges located in areas of special flood hazard;
F. 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;
G. To insure that potential buyers are notified that property is in
an area of special flood hazard; and,
H. To ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
17.:44.020 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this chapter includes
methods and provisions for;
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A. 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;
B. Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at
the time of initial construction;
C. Controlling the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other development
which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
17.44.030 DEFINITIONS
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this ordinance its most reasonable applica-
tion.
A. "Area of special flood hazard" means the land in the floodplain
within a community subject to a one percent or greater chance of
flooding in any given year.
B. "Base Flood" means the flood having a one percent chance of being
equalled or exceeded in any given year.
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C. "Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation
or drilling operations located within the area of special flood
hazard.
D. "Flood" or "flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation or runoff of surface
waters from any source.
E. "Flood Insurance Rate Map" (FIR14) means the official map issued by the
Federal Emergency Management Agency where the areas of special flood
hazard have been designated Zone A.
F. "Structure" means a walled and roofed building or mobile home
whether or not it is principally above ground.
G. "Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
1. before the improvement or repair is started, or
2. if the structure has been damaged and is being restored,
before the damage occurred. For the purpose of this defini-
tion "substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor, or other
structual part of the building commences, whether or not
that alteration affects the external dimensions of the
structure.
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The term does not, however, include either:
1. any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe
living conditions, or
2. any alteration of a structure listed on the National Register
or Historic Places or a State Inventory of Historic Places.
17.44.040 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The Flood Insurance Rate Map (FIRM), Federal Emergency
Management Agency, Panel 241 of 500, dated November 19, 1980, is
adopted by reference and declared to be part of this chapter. The
FIRM is on file with the Town Clerk, Avon Municipal Building,
400 Benchmark Road, Avon, Colorado.
17.44.050 LANDS TO WHICH THIS ORDINANCE APPLIES
This Chapter shall apply to all areas of special flood hazards
within the jurisdiction of Avon. The areas of special flood
hazards identified on the Flood Insurance Rate Map shall be
presumed to be areas of special flood hazards governed by this
Chapter. The presumption shall be conclusive unless and until
the Town receives further technical evidence from the Federal
Emergency Management Agency establishing that the areas
of special flood hazard are other than those located on the Flood
Insurance Rate Map.
17.44.060 COMPLIANCE
No structure or land shall hereafter be constructed, located,
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extended, converted, or altered nor shall any development occur
without full compliance with the terms of this Chapter and other
applicable regulations.
17.44.070 ABROGATION AND GREATER RESTRICITONS
This Chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this Chapter and another provision of this Code, any
easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
17.44.080 INTERPRETATION
In the interpretation and application of this Chapter, all
provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted
under state statutes.
17.44.090 WARNING AND DISCLAIMER OF LIABILITY
A. The degree of flood protection required by this Chapter
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 manmade or natural causes. This Chapter 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 damages.
B. This Chapter shall not create liability on the part of Avon,
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any officer or employee thereof, or the Federal Emergency
Management Agency, for any flood damages that result from
reliance on this Chapter or any administrative decision lawfully
made thereunder, nor shall any person rely on the provisions of
this Chapter in seeking assurance that any property is safe
from flooding, nor that any measures required hereby will pre-
vent or mitigate the effects of flooding.
17.44.100 PERMIT REQUIREMENT
It is unlawful to commence construction of any development within
any area of special flood hazard established in Section 17.22.050
without obtaining a building permit from the Building Administra-
tor. Application for a Permit required by this Chapter shall be
made on forms furnished by the Building Administrator and may
include, but not be limited to the requirement that the following
be provided: 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, drain-
age facilities; and the location of the foregoing. Specifically,
the following information is required:
A. Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
B. Elevation in relation to mean sea level to which any structure
has been floodproofed;
C. Certification by a registered professional engineer or
architect that the floodproofing methods for any residential
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or non-residential structure meet the floodproofing criteria
in Section 17.44.140; and
D. Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
17.44.110 DUTIES AND RESPONSIBILITIES FOR ADMINISTRATION
A. Submittal to Building Administrator.
The Building Administrator is hereby appointed to administer
and implement this Chapter by granting or denying building
permit applications in accordance with its provisions. The
Building Administrator shall forward to the Town Engineer for
review and report, all building permit applications requesting
approval for structures to be located in an area of special
flood hazard. No permit shall be acted on until the Town
Engineer's report is received by the Building Administrator.
B. Review by Town Engineer.
1. The Town Engineer shall review building permit applications
submitted to him for the following:
a. To determine whether this Chapter is applicable and, if
so, whether the permit requirements of this Chapter have
been satisfied.
b. To determine that all necessary permits have been obtained
from those Federal, State or Local Governmental
Agencies for which approval is required.
c. To determine if the proposed development adversely
affects the flood carrying capacity of the area of
special flood hazard. For the purpose of this Chapter,
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"adversely affects" means damage to adjacent properties
because of rises in flood stages attributed to physical
changes of the channel and the adjacent overbank areas.
After reviewing the permit application in accordance with the
above requirements the Town Engineer shall report his findings
to the Building Administrator.
2. Use of Other Base Flood Data
When base flood elevation data has not been provided in
accordance with Section 17.44.060, BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD, the Town Engineer shall
obtain, review, and reasonably utilize any base flood
elevation data available from a Federal, State or other
source, in order to administer Section 17.44.130, SPECIFIC
STANDARDS.
3. Information to be Obtained and Maintained; Required Notifi-
cation and Interpretations;
The Town Engineer shall:
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:
(i) obtain and record the actual elevation (in relation
to mean sea level) to which the structure has been
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floodproofed.
(ii) maintain the floodproofing certifications required
in Section 17.A4.100.C.
c. Maintain for public inspection all records pertaining to
the provisions of this Chapter.
d. 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.
e. Require that maintenance is provided within the altered
or relocated portion of said water course so that the
flood carrying capacity is not diminshed.
f. Make interpretations where needed, as to the exact
location of the boundaries of the areas of special
special flood hazards (for example, where there appears
to be a conflict mapped boundary and actual field
conditions).
C. Action by Building Administrator
1. If it is determined that there is no adverse affect and the
development is not a building, then the permit shall not be
withheld under the provisions of this Chapter.
2. If it is determined that there is an adverse effect, then
technical justification (i.e., a registered professional
engineer) for the proposed development shall be required.
3. If the proposed development is a building, then the
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provisions of this Chapter shall apply.
17.A.4.120 GENERAL STANDARDS
In all areas of special flood hazards the following standards are
required:
A. Anchoring
1. All new construction and substantial improvements shall be
anchored to prevent floatation, collapse, or lateral movement
of the structure.
2. All mobile homes shall be anchored to resist floatation,
collapse, or lateral movement by providing over-the-top and
frame ties to ground anchors. Specific requirements shall
be that:
(i) over-the-top ties be provided at each of the four corners
of the mobile home, with two additional ties per side
at intermediate locations, with mobile homes less than
50 feet long requiring one additional tie per side;
(ii) frame ties be provided at each corner of the home with
five additional ties per side at intermediate points,
with mobile homes less than 50 feet long requiring four
additional ties per side;
(iii) all components of the anchoring system be capable of
carrying a force of 4,800 pounds; and,
(iv) any additions to the mobile home be similarly anchored.
B. Construction Materials and Plethods
1. All new construction and substantial improvements shall be
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constructed with materials and utility equipment resistant
to flood damage.
2. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
C. Utilities
1. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
2. New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into
the systems and discharge from the systems into flood waters;
and,
3. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from the during flooding.
D. Subdivision Proposals
1. All subdivision proposals shall be consistent with the need
to minimize flood damage;
2. All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
3. All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and,
4. Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at
least 50 lots or 5 acres.
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E. Encroachments
Any proposed development shall be analyzed to determine effects
on the flood carrying capacity of the area of special flood
hazard as set forth in Section 17.44.110.B.1.C, Review by
Town Engineer.
17.44.130 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Section 17.44.110.B.2, Use of
Other Base Flood Data, the following standards are required:
A. Residential Construction
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement,
elevated to or above base flood elevation.
B. Nonresidential Construction
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have
the lowest floor, including basement, elevated to the level of
the base flood elevation; or, together with attendant utility
and sanitary facilities, shall:
1. be floodproofed so that below 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; and,
3. be certified by a registered professional engineer or
architect that the standards of this subsection, are satisfied.
Such certifications shall be provided to the official as set
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forth in Section 17 .44 .110 .8.3 (b) .
SECTIO14 2. Violations and Penalties. It is unlawful for
any person to violate any provision hereof. Any person who
violates any provision of this Ordinance shall be punished by a
fine of not more than five hundred dollars or by imprisonment for
a period of not more than ninety days or by both such fine and
imprisonment; provided, no person under the age of eighteen years
shall be punished by imprisonment. Any such person shall be guilty
of a separate offense for each and every day during any portion of
which a violation of any provision of this code is committed,
continued, or permitted by such person and shall be punished
accordingly.
Section 3. Severability If any part, section, subsection,
sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decisions shall not affect the validity of
the remaining portions of this ordinance; and the Town Council
hereby declares that it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase hereof
regardless of the fact that any one or more parts, sections,
subsections, sentences, or clauses or phrases be declared invalid.
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Section 4. Emergency Declared. The Town Council finds and
declares that an emergency exists in that there is a clear
and risen danger of flooding within the Town of Avon. This
ordinance is accordingly adopted as an emergency ordinance
without further reading.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
THIS 13th day of September 1983, and a public hearing
on this ordinance shall be held at the regular meeting of the Town
Council of the Town of Avon, Colorado, on the 27th
September ,1983, at 7:30 p.m. in the municipal building
of the Town of Avon, Colorado.
Sheil R. Davis, Mayor Pro Tem
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 14th day of May 1985
Q~(4- a--C=- yi~Z,I ~
Shei a R. Davis, Mayor Pro Tem
day of
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF P_ PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 27TH DAY OF
SEPTEMBER, 1983, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINA..NOE;
N0.#83-34, SERIES OF ]983:
AN ORDINANCE CONCERNED WITH FLOOD DAMAGE PREVENTION
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
A copy of said Ordinance is attached hereto and is also on file
at the office of the Town Clerk and may be inspected during regular
business hours.
Following this hearing the Council may consider final passage of
this ordinance.
This notice given and passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this 16th day of September, ]983.
TOWN OF AVON, COLORADO
J nny L. Bell, ~Deput~yTo~wnC`lerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 16th, 1983.
THE MAIN ENTRANCE OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER GAS STATION: AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING
r-