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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: - 1 - 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 - 2 - 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; - 3 - 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. - 4 - 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. - 5 - 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, - 6 - 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, - 7 - 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 - 8 - 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, - 9 - "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 - 10 - 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 - 11 - 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 - 12 - 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. - 13 - 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 - 14 - 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. - 15 - 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 -16- 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-