HomeMy WebLinkAbout20132800.tiffRf
WELD COUNTY
CODE ORDINANCE 2013-10
a: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING, AND CHAPTER 30 SEWAGE
SYSTEMS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 8
Public Works
Add the following: Art. XIII
FLOODPLAIN MANAGEMENT ORDINANCE
Division 1
General Provisions
Sec 8-13-10. Statutory authorization.
Pursuant to the authority granted to the Board of County Commissioners by the
Legislature of the State of Colorado in Title 29, Article 20, and Title 30, Article 28, C.R.S., the
Board of County Commissioners does hereby adopt the following FLOODPLAIN MANAGEMENT
ORDINANCE.
Sec 8-13-20. Disclaimer of liability.
The degree of FLOOD protection required by this ORDINANCE is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations. On rare
PAGE 1
2013-2800
ORD2013-10
occasions greater FLOODS than contemplated in the creation of this ORDINANCE can and will
occur and FLOOD heights may be increased by man-made or natural causes. This ORDINANCE
does not imply that land outside the SPECIAL FLOOD HAZARD AREA or USES permitted within
such areas will be free from FLOODING or FLOOD damages. This ORDINANCE shall not create
liability on the part of the COUNTY, any officer or employee thereof for any FLOOD damages that
result from reliance on this ORDINANCE or any administrative decision lawfully made thereunder.
Sec 8-13-30. Findings of fact.
The SPECIAL FLOOD HAZARD AREAS of the COUNTY are subject to periodic
inundation which results in health and safety hazards, loss of life and property. disruption of
commerce and governmental services, extraordinary public expenditures for FLOOD protection
and relief, and impairment of the tax base; all of which adversely affect the public health, safety
and general welfare of the residents of the COUNTY.
These FLOOD losses are created by the cumulative effect of obstructions in
FLOODPLAINS which cause an increase in FLOOD heights and velocities and by the occupancy
of SPECIAL FLOOD HAZARD AREAS by uses vulnerable to FLOODS and hazardous to other
lands because they are inadequately ELEVATED, FLOODPROOFED, or otherwise protected
from FLOOD damage.
Sec 8-13-40. Statement of purpose.
A. It is the purpose of this ORDINANCE to promote public health, safety and general welfare
and to minimize public and private losses due to FLOOD conditions in specific areas by
provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly FLOOD control projects;
3. Minimize the need for rescue and relief efforts associated with FLOODING which have
historically been undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to CRITICAL FACILITIES, infrastructure, and other public facilities
such as water, sewer and gas mains; electric and communications stations, substations
and power plants, streets and bridges located in FLOODPLAINS;
6. Help maintain a stable tax base by providing for the sound USE and DEVELOPMENT of
flood prone areas so as to minimize future FLOOD blight areas; and
7. Ensure that potential buyers are notified that property is in a SPECIAL FLOOD HAZARD
AREA.
B. In order to accomplish its purpose, this ORDINANCE does the following:
1. Restricts or prohibits USES that are dangerous to health, safety and property in times of
FLOOD or cause excessive increases in FLOOD heights or velocities;
PAGE 2
2013-2800
ORD2013-10
2. Requires that USES vulnerable to FLOODS, including facilities which serve such USES,
be protected against FLOOD damage at the time of initial construction;
3. Controls the alteration of natural FLOODPLAINS, stream CHANNELS and natural
protective barriers, which are involved in the accommodation of FLOOD waters;
4. Controls filling, grading, dredging and other DEVELOPMENT which may increase
FLOOD damage; and
5. Prevents or regulates the construction of FLOOD barriers which will unnaturally divert
FLOOD waters or which may increase FLOODING in other lands.
C. It is also the purpose of this ORDINANCE to ensure that the COUNTY'S requirements
meet the minimum requirements of FEMA's Flood Insurance Program and the Colorado
Water Conservation Board Floodplain regulations. As such FEMA's National FLOOD
Insurance Program regulations 44CFR Parts 59, 60, 65, and 70 (2010) and the CWCB
FLOODPLAIN regulations in effect as of January 14, 2011, are incorporated herein by
reference. In the event this ORDINANCE conflicts with Federal or State laws and/or
regulations, the more restrictive law or regulation will control.
Sec. 8-13-50. Lands to which this ORDINANCE applies.
This ORDINANCE shall apply to all SPECIAL FLOOD HAZARD AREAS and areas
removed from the FLOODPLAIN by the issuance of a FEMA LOMR-F within the jurisdiction of
unincorporated Weld County, Colorado.
Sec. 8-13-60. Basis for establishing the SPECIAL FLOOD HAZARD AREA.
The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering
report entitled, "The Flood Insurance Study for Unincorporated Weld County and Town of Eaton,
Colorado," dated September 22, 1999, with accompanying FIRM and FBFM and any revisions
thereto are hereby adopted by reference and declared to be part of this ORDINANCE. These
SPECIAL FLOOD HAZARD AREAS identified by the FIS and attendant mapping are the
minimum area of applicability of this ORDINANCE and may be supplemented by studies
designated and approved by the Board of County Commissioners, CWCB, and FEMA. The
FLOODPLAIN ADMINISTRATOR shall keep a copy of the FIS, DFIRMs, FIRMs. and/or FBFMs
on file and available for public inspection.
Sec. 8-13-70. Establishment of FLOODPLAIN DEVELOPMENT PERMIT.
A FLOODPLAIN DEVELOPMENT PERMIT shall be required for all USES occurring within
the FEMA mapped 100 -YEAR FLOODPLAIN to ensure conformance with the provisions of this
ORDINANCE and Federal and State regulations.
Sec. 8-13-80. Compliance.
No STRUCTURE or land shall hereafter be located, altered, or have its USE changed
without full compliance with the terms of this ORDINANCE and other applicable laws and
regulations.
PAGE 3
2013-2800
ORD2013-10
Sec. 8-13-90. Abrogation and greater restrictions.
This ORDINANCE is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ORDINANCE and another statute,
regulation, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Sec. 8-13-100. Interpretation.
In the interpretation and application of this ORDINANCE, 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 Federal or State
statutes or regulations.
Sec. 8-13-110. Severability.
This ORDINANCE and the various parts thereof are hereby declared to be severable.
Should any section, of this ORDINANCE be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of this ORDINANCE as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
Sec 8-13-120. Definitions.
Unless specifically defined below or in Weld County Code § 1-2-10, words or phrases
used in this ORDINANCE shall be interpreted to give them the meaning they have in common
usage and to give this ORDINANCE its most reasonable application. The following specific
words or phrases when appearing in this Chapter in uppercase letters shall have the meanings as
stated in this Section.
100 -YEAR FLOOD: A FLOOD having a recurrence interval that has a one percent chance of
being equaled or exceeded during any given year. The terms "one hundred year FLOOD" and
'one percent chance FLOOD" are synonymous with the term "100 -YEAR FLOOD." The term
does not imply that the flood will necessarily happen once every one hundred years.
100 -YEAR FLOODPLAIN: The area of land susceptible to being inundated as a result of the
occurrence of the 100 -YEAR FLOOD.
500 -YEAR FLOOD: A FLOOD having a recurrence interval that has a 0.2 percent chance of being
equaled or exceeded during any given year. The term "0.2 -percent chance flood" is synonymous
with the term "500 -YEAR FLOOD." The term does not imply that the flood will necessarily
happen once every five -hundred years.
500 -YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the 500 -YEAR
FLOOD.
PAGE 4
2013-2800
ORD2013-10
ADDITION: Any activity that expands the enclosed footprint or increases the horizontal square
footage of an existing STRUCTURE.
ADJACENT When used to indicate land in the immediate vicinity of a LOT, means land which
shares a boundary line with the LOT in question or which would share a boundary line were it not
for the separation caused by a street or alley.
ALTERATION OR RELOCATION OF A WATERCOURSE: Any DEVELOPMENT which changes
the direction of flow of water in a river or stream. Any CHANNELIZATION of a river or stream is
also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE.
BASE FLOOD: Means the FLOOD having a one percent chance of being equaled or exceeded in
any given year.
BASE FLOOD ELEVATION (BFE): The elevation shown on a FEMA FIRM that indicates the
water surface elevation resulting from a FLOOD that has a one percent chance of equaling or
exceeding that level in any given year.
BASEMENT Any floor level below the first story or main floor of a BUILDING, having its floor
sub -grade (below ground level) on all sides.
BEST AVAILABLE DATA: Any FLOOD data available from the Federal or State governments or
any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the BASE
FLOOD WATER SURFACE ELEVATION or FLOODWAY location. The sources of data may
include but are not limited to:
A. FEMA publications such as guidance documents, policy documents, technical bulletins,
and regulations:
B. State publications and regulations; and
C. Other published or unpublished FLOOD studies.
BUILDING: Any STRUCTURE, excluding fences, erected for shelter or enclosure of persons,
animals or personal property of any kind.
CCR: Code of Colorado Regulations, the codification of the general and permanent Rules
published in the Colorado Register by the Executive Departments and Agencies of the State of
Colorado.
CFR: Code of Federal Regulations, the codification of the general and permanent Rules
published in the Federal Register by the Executive Departments and Agencies of the Federal
Government. The Federal FLOODPLAIN MANAGEMENT regulations can be found in 44CFR
Parts 59, 60, 65. and 70.
CHANNEL: The physical confines of a stream or waterway consisting of a bed and stream banks
and existing in a variety of geometries.
CHANNELIZATION: The artificial creation, enlargement, or realignment of a stream CHANNEL.
PAGE 5
2013-2800
ORD2013-10
COUNTY: The County of Weld, a home rule County in the State of Colorado.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project
which does not revise an effective FLOODPLAIN map and would, upon construction, affect the
hydrologic or hydraulic characteristics of a FLOODING source and thus result in the modification
of the existing regulatory FLOODPLAIN.
CRITICAL FACILITY: A STRUCTURE or related infrastructure, but not the land upon which it is
situated, that if flooded may result in significant hazards to public health and safety or interrupt
essential services and operations for the COUNTY at any time before, during, or after a FLOOD.
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.
A. Essential Services CRITICAL FACILITIES
1. Essential Service CRITICAL FACILITIES include but are not limited to:
a. Public safety facilities such as police stations, fire and rescue stations, emergency
vehicle and equipment storage, and emergency operations centers;
b. Emergency Medical Facilities such as hospitals, ambulance service centers;
urgent care centers with emergency treatment functions, and non -ambulatory
surgical STRUCTURES but excluding clinics, doctor's offices, and non -urgent
care medical STRUCTURES that do not provide emergency treatment functions;
Designated emergency shelters;
d. Communications systems such as main telephone hubs, broadcasting equipment
for cable system, satellite TV systems, cellular phone systems, television, radio,
and other types of emergency warning systems but excluding the towers, poles,
cables, and conduits;
e. Public utility plant facilities for generation and distributions such as hubs, treatment
plants, substations, and pumping stations for water, power, and gas but not
including the towers, poles, power lines, buried pipelines, transmission lines,
distribution lines, and service lines: and
Air transportation lifelines such as airports (municipal and lamer), helicopter pads,
and STRUCTURES serving emergency functions, and associated infrastructure
'aviation control towers, air traffic control centers, and emergency equipment
aircraft hangers).
2. Specific exemptions to Essential Service CRITICAL FACILITIES include wastewater
treatment plants, non -potable water treatment plants, hydroelectric power generating
plants, and related appurtenances.
3. Public utility plant facilities may be exempted from the definition of Essential Service
CRITICAL FACILITIES if it is demonstrated that the facility is an element of a
redundant system for which service will not be interrupted during a FLOOD. At a
minimum, it shall be demonstrated that redundant facilities are available 'either owned
PAGE 6
2013-2800
ORD201 3-10
by the same utility or available through an intergovernmental agreement or other
contract; and connected, the alternative facilities are either located outside of the
100 -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE.
and an operations plan is in effect that states how redundant systems will provide
service to the affected area in the event of a FLOOD. Evidence of ongoing
redundancy shall be provided upon request.
B. Hazardous Materials CRITICAL FACILITIES
1. Hazardous Materials CRITICAL FACILITIES include but are not limited to:
a. Chemical and pharmaceutical plants;
b. Laboratories containing highly volatile, flammable, explosive, toxic, and/or
water -reactive materials;
Refineries;
d. Hazardous waste storage and disposal sites;
e. Above ground gasoline or propane storage or sales centers;
f. Facilities which produce or store chemicals in quantities in excess of regulated
threshold limits. If the owner of a facility is required by OSHA to keep a Material
Safety Data Sheet (MSDS) on file for any chemical(s' stored or used in the work
place, and the chemical(s) is stored in quantities equal to or greater than the
regulated United States Environmental Protection Agency Threshold Planning
Quantity for that chemical, then that facility shall be considered a CRITICAL
FACILITY.
2. Specific exemptions to Hazardous Materials CRITICAL FACILITIES include:
a. Finished consumer products within retail centers and households containing
hazardous materials intended for household use and agricultural products
intended for agricultural use;
b. Buildings or other structures containing hazardous materials for which it can be
demonstrated to the satisfaction of the COUNTY by hazard assessment and
certification by a qualified professional that a release of the subject hazardous
material does not pose a major threat to the public; or
c. Pharmaceutical sales, use, storage, and distribution centers that do not
manufacture pharmaceutical products.
C. At -Risk Populations CRITICAL FACILITIES
1. At -risk population facilities include but are not limited to:
a. Elder care facilities including nursing homes;
PAGE 7
2013-2800
ORD2013-10
b. Congregate care serving 12 or more individuals including day care and assisted
living facilities; and
c. Public and private schools including pre-schools, K-12 schools, before and after
school daycare serving 12 or more children.
D. CRITICAL FACILITIES Vital to Restoring Normal Services
1. CRITICAL FACILITIES Vital to Restoring Normal Services include but are not limited
to:
a. Essential government operations including public records, courts, ails, building
permitting, inspections services, community administration and management,
maintenance and equipment centers; and
b. Essential STRUCTURES for public colleges and universities including dormitoriest
offices, and classrooms.
2. CRITICAL FACILITIES Vital to Restoring Normal Services listed in Subsection 1
above may be exempted from the definition of CRITICAL FACILITIES if it is
demonstrated that the facility is an element of a redundant system for which service
will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that
redundant facilities are available (either owned by the same utility or available through
an intergovernmental agreement or other contract; and connected, the alternative
facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant
with the provisions of this ORDINANCE, and an operations plan is in effect that states
how redundant systems will provide service to the affected area in the event of a
FLOOD. Evidence of ongoing redundancy shall be provided upon request.
E. Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to
STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES
under another category outlined in this definition.
CWCB: Colorado Water Conservation Board
DEVELOPMENT 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 or storage of equipment or materials.
DFIRM: DIGITAL FLOOD INSURANCE RATE MAPS are digital maps which serve as regulatory
FLOODPLAIN maps for insurance and FLOODPLAIN management purposes.
ELEVATE: To build or raise a STRUCTURE to a minimum of one foot above the BASE FLOOD
ELEVATION.
ELEVATED BUILDING: A BUILDING without a BASEMENT and:
A. Built, in the case of a BUILDING in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to
have the top of the ELEVATED floor above the ground level by means of pilings, columns
(posts and piers;, or shear walls parallel to the floor of the water; and
PAGE 8
2013-2800
ORD2013-10
B. Adequately anchored so as not to impair the structural integrity of the BUILDING during a
FLOOD of up to the magnitude of the BASE FLOOD.
In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, ELEVATED BUILDING also
includes a BUILDING ELEVATED by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of FLOOD waters.
EXISTING CONSTRUCTION: Structures for which the START OF CONSTRUCTION
commenced before the effective date of the FLOOD INSURANCE RATE MAP (FIRM).
EXISTING CONSTRUCTION is synonymous with the term "existing structure."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: Means a MANUFACTURED
HOME park or subdivision for which the construction of facilities for servicing the LOTS on which
the MANFACTURED HOMES are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the COUNTY adoption of this ORDINANCE.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The
preparation of additional sites by the construction of facilities for servicing the LOTS on which the
MANFACTURED HOMES are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads'
FEMA: Federal Emergency Management Agency.
FILL: Any material such as earth, clay, sand, concrete, rubble, or waste of any kind which is
placed or stored upon the surface of the ground.
FLOATABLE MATERIALS: Any material that is not secured in place that could float offsite during
the occurrence of a FLOOD and potentially cause harm to downstream property owners, or that
could cause blockage of a culvert, bridge, or other drainage facility. FLOATABLE MATERIALS
include, but are not limited to, lumber, vehicles, boats, equipment, drums or other containers, or
pieces of material that are likely to float.
FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of
normally dry land areas from:
A. The overflow of water from CHANNELS and reservoir spillways and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD BOUNDARY & FLOODWAY MAP (FBFM): The official map on which FEMA has
delineated the SPECIAL FLOOD HAZARD AREAS, the FLOODWAY, and the risk premium
zones applicable to the COUNTY.
FLOOD INSURANCE RATE MAP (FIRM,: The official map on which FEMA has delineated both
the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the COUNTY.
PAGE 9
2013-2800
ORD2013-10
FLOOD INSURANCE STUDY (FIS,: The official report provided by FEMA that includes FLOOD
profiles, the FLOOD BOUNDARY & FLOODWAY MAP and the WATER SURFACE ELEVATION
of the BASE FLOOD.
FLOODPLAIN or FLOOD -PRONE AREA: Any land area susceptible to being inundated as a
result of a FLOOD, including the area of land over which floodwater would flow from the spillway
of a reservoir. The FEMA mapped FLOODPLAINS are shown on FEMA's DFIRM, FIRM, and
FBFM maps.
FLOODPLAIN ADMINISTRATOR: The designated COUNTY official responsible for
administering and enforcing this ORDINANCE.
FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or
DEVELOPMENT begins within any SPECIAL FLOOD HAZARD AREA 'SFHA). Permits are
required to ensure that proposed DEVELOPMENT projects meet the requirements of the National
Flood Insurance Program and this ORDINANCE.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and
preventative measures for reducing FLOOD damage, including but not limited to emergency
preparedness plans, FLOOD control works, and enactment and updating of this ORDINANCE.
FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): Ordinance enacted by the
Board of Weld County Commissioners pursuant to Title 29, Article 20, and Title 30, Article 28,
C.R.S., for the purpose of FLOOD damage prevention and reduction.
FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural designs,
changes, or adjustments to STRUCTURES which reduce or eliminate FLOOD damage to real
estate, improved real property, water and sanitary sewer facilities, and STRUCTURES and their
contents.
FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other WATERCOURSE
and the ADJACENT land areas that must be reserved in order to discharge the BASE FLOOD
without cumulatively increasing the WATER SURFACE ELEVATION more than a designated
height. The Colorado statewide standard for the designated height to be used for all newly
studied reaches shall be one-half foot 'six inches;. Holders of valid LETTERS OF MAP
REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in
place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped
FLOODWAYS are shown on the DFIRM, FIRM, and FBFM maps.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a STRUCTURE.
HISTORIC STRUCTURE Any STRUCTURE that is:
A. Listed individually in the National Register of Historic Places ;a listing maintained by the
Department of Interior; or preliminarily determined by the United States Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
PAGE 10
2013-2800
ORD2013-10
B. Certified or preliminarily determined by the United States Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on the State inventory of historic places; or
D. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified by the State.
LETTER OF MAP CHANGE (LOMC): An official revision to currently effective FEMA maps. A
LOMC can be in the form of a LOMR, LOMA, LOMR-F, or PMR.
LETTER OF MAP AMENDMENT (LOMA): A letter from FEMA officially revising the effective
FIRM and FEMA's acknowledgment that a property is not located in a SPECIAL FLOOD
HAZARD AREA.
LETTER OF MAP REVISION (LOMB,: A letter from FEMA officially revising the effective FEMA
maps and showing changes in FLOOD zones, delineations, and elevations.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the
FLOODPLAIN shown on the FIRM or DFIRM based on the placement of FILL outside of the
existing regulatory FLOODWAY.
LEVEE: A man-made STRUCTURE, usually an earthen embankment, designed and constructed
in accordance with sound engineering practices to contain, control or divert the flow of water so as
to provide protection from temporary FLOODING.
LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and
associated STRUCTURES, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
LOT The basic DEVELOPMENT unit, an area with fixed boundaries. USED or intended to be
USED by one (1) BUILDING and its USES, STRUCTURES and/or BUILDINGS. A LOT shall not
be divided by any public highway, street or alley. A LOT must meet the requirements of the zoning
district in which it is located and must have access to a public street or an approved private street
or road.
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any crawlspace
or BASEMENT. Any floor used for living purposes which includes working, storage. sleeping,
cooking and eating, or recreation, or any combination thereof. This includes any floor that could
be converted to such a use such as a BASEMENT or crawlspace. Any unfinished or FLOOD
resistant enclosure, useable solely for parking or vehicles, BUILDING access, or storage in an
area other than a BASEMENT area is not considered a BUILDING'S LOWEST FLOOR: provided
that such enclosure is not built so as to render the STRUCTURE in violation of the applicable
non -elevation requirement of Section 60.3 of the National Flood Insurance Program regulations.
MANUFACTURED HOME: A STRUCTURE transportable in one ;1) or more sections, which is
built on a permanent chassis and is designed for USE with or without a permanent foundation
when connected to the required utilities. The term MANUFACTURED HOME does not include a
RECREATIONAL VEHICLE.
PAGE 11
2013-2800
ORD2013-10
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel, or contiguous parcels, of land
divided into two or more MANUFACTURED HOME lots for rent or sale.
MEAN SEA LEVEL: For purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum 'NGVD) of 1929, North American Vertical Datum (NAVD) 1988, or other
datum to which BASE FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE
RATE MAP are referenced.
NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION
commenced on or after August 25, 1981, and includes any subsequent improvements to such
STRUCTURES.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME park or
subdivision for which the construction of facilities for servicing the lots on which the
MANFACTURED HOMES are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after August 25, 1981.
NO -RISE CERTIFICATION: A record of the results of an engineering analysis conducted to
determine whether a pro'ect will increase FLOOD heights in a FLOODWAY. A NO -RISE
CERTIFICATION must be supported by technical data and signed by a registered Colorado
professional engineer. The supporting technical data should be based on the computer program
model used to develop the 100 -YEAR FLOODWAY shown on the FIRM or FBFM.
OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well. pumps, heater treaters,
separators, meters, compressors, TANK BATTERY and other equipment directly associated with
the producing well, all of which must be connected and functional.
PHYSICAL MAP REVISION (PMR): An official revision to currently effective FEMA maps.
PMRs are issued by FEMA and documents changes to FLOOD zones, delineations, and
elevations. PMRs generally cover more than one FIRM panel.
RECREATIONAL VEHICLE A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
C. Designed to be self-propelled or permanently towable by a light -duty truck; and
D. Not primarily designed for use as a permanent dwelling but instead as temporary living
quarters for recreational, camping, travel or seasonal USE.
SPECIAL FLOOD HAZARD AREA: Is the land in the FLOODPLAIN within the COUNTY subject
to a one percent or greater chance of FLOODING in any given year. The area may be
designated as Zone A, AE. AH, AO, or A1 -A99 on the DFIRM, FIRM or FHBM SPECIAL
FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER OF MAP CHANGE.
The designated SPECIAL FLOOD HAZARD ZONE AREAS are as follows:
PAGE 12
2013-2800
ORD2013-10
A. Zone A (Approximate Floodplain) is a SPECIAL FLOOD HAZARD AREA where BASE
FLOOD ELEVATIONS and FLOOD hazard factors have not been determined by FEMA.
B. Zone AH is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and
depths are between one (1) and three (3) feet and BASE FLOOD ELEVATIONS are
shown but no FLOOD hazard factors have been determined by FEMA.
C. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and
flood depths are between one (1 and three (3) feet with the average depth of FLOODING
shown but no FLOOD hazard factors have been determined by FEMA.
D. Zones AE and A1 -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD
ELEVATIONS and FLOOD HAZARD factors have been determined by FEMA.
E Zone B and Zone X ;shaded) are SPECIAL FLOOD HAZARD AREAS that are between
the limits of the 100 -YEAR and the 500 -YEAR FLOOD.
Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are at
minimal risk of FLOODING.
START OF CONSTRUCTION (pertaining to BUILDINGS or STRUCTURES,: The date the
building permit was issued, including building permits for SUBSTANTIAL IMPROVEMENTS,
provided that the actual START OF CONSTRUCTION, repair, reconstruction, placement or other
improvement was within one -hundred eighty (180) days of the permit date. The actual start
means the first placement of permanent construction of a STRUCTURE on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns or any work
beyond the stage of excavation: or the placement of a MANUFACTURED HOME on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and
FILLING; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a BASEMENT, footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory BUILDINGS, such as garages or
sheds not occupied as dwelling units or not part of the main STRUCTURE. For SUBSTANTIAL
IMPROVEMENTS, the actual START OF CONSTRUCTION means the first alteration of any wall,
ceiling, floor, or other structural part of a BUILDING, whether or not that alteration affects the
external dimensions of the BUILDING.
STRUCTURE: Anything that is built, constructed or erected, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts oined together in some definite
manner, but not including poles. lines, cables or distribution facilities of public utilities. Includes a
walled or roofed BUILDING, a gas or storage tank that is principally above ground, and
MANUFACTURED HOMES.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the cost
of restoring the STRUCTURE to its before damaged condition would equal or exceed fifty percent
(50%) of the market value of the STRUCTURE must prior to when the damage occurred.
SUBSTANTIAL IMPROVEMENT Any repair, reconstruction or improvement of a STRUCTURE
the cost of which equals or exceeds fifty percent (50%) of the market value of the STRUCTURE
before the START OF CONSTRUCTION of the improvement. This includes STRUCTURES
PAGE 13
2013-2800
ORD2013-10
which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed.
The term does not, however, include either:
A. Any project for improvement of a STRUCTURE to comply with existing State or local
health, sanitary, or safety code specifications which are solely necessary to assure safe
living conditions; or
B. Any alternation of a HISTORIC STRUCTURE provided that the alteration will not preclude
the STRUCTURE'S continued designation as a HISTORIC STRUCTURE.
TANK BATTERY: One (1) or more storage tanks which receive and store oil, gas, natural gas
liquids or water directly from and as it is produced by a well.
USE: Any purpose for which a STRUCTURE or a tract of land may be designed, arranged,
intended, maintained or occupied; also any activity, occupation, business or operation which is
carried on in or on a STRUCTURE or on a tract of land.
VARIANCE: A grant of relief to a person from a requirement. or requirements, of this
ORDINANCE when specific enforcement would result in unnecessary hardship. A VARIANCE,
therefore, permits construction or DEVELOPMENT in a manner otherwise prohibited by this
ORDINANCE.
VIOLATION: The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant with
this ORDINANCE.
WATERCOURSE: means a natural or artificial channel through which stormwater or floodwater
can flow, either regularly or infrequently.
WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum
;NGVD) of 1929, North American Vertical Datum (NAVD; of 1988, or other datum where specified
of FLOODS of various magnitudes and frequencies in the FLOODPLAINS of riverine areas.
WATERTIGHT: Impermeable to the passage of water and capable of resisting the hydrostatic and
hydrodynamic loads and the effects of buoyancy during a BASE FLOOD.
Division 2
Floodplain Administrator
Sec. 8-13-140. Designation of the FLOODPLAIN ADMINISTRATOR
The County Engineer, or his or her designee, is hereby appointed the FLOODPLAIN
ADMINISTRATOR to administer and implement the provisions of this ORDINANCE and all
applicable sections of 44CFR, National Flood Insurance Program Regulations, pertaining to
FLOODPLAIN MANAGEMENT.
Sec. 8-13-150 Duties of the FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN ADMINISTRATOR shall include, but not
be limited to, the following:
PAGE 14
2013-2800
ORD2013-10
A. Per 44CFR 60.3;b;, maintain and hold open for public inspection all records pertaining to
the provisions of this ORDINANCE, including the actual elevation in relation to MEAN SEA
LEVEL of the LOWEST FLOOR including crawispace or BASEMENT of all new or
SUBSTANTIALLY IMPROVED STRUCTURES and FLOODPROOFING certificates as
required by this ORDINANCE.
B Per 44CFR 60.3(a), review, approve, or deny all applications for FLOODPLAIN
DEVELOPMENT PERMITS required by the adoption of this ORDINANCE. If the
application is not complete as required, the applicant shall be notified of the specific
deficiencies. The FLOODPLAIN ADMINISTRATOR may forward copies of the complete
application to any referral agency whose review and comment are deemed appropriate by
the FLOODPLAIN ADMINISTRATOR. The referral agency to whom the application is
referred may review the application to determine compliance of the application with any
standards of the referral agency. The reviews and comments solicited are intended to
provide the FLOODPLAIN ADMINISTRATOR with information related to the proposed
FLOODPLAIN DEVELOPMENT PERMIT. The FLOODPLAIN ADMINISTRATOR may
consider all such reviews and comments and may solicit additional information if such
information is deemed necessary. The reviews and comments submitted by a referral
agency are recommendations. The authority and responsibility for making the decision to
approve, approve subject to conditions, or deny the FLOODPLAIN DEVELOPMENT
PERMIT application rests with the FLOODPLAIN ADMINISTATOR.
C. Per 44CFR 60.3(a), review FLOODPLAIN DEVELOPMENT PERMIT applications to
determine whether a proposed BUILDING site, including the placement of
MANUFACTURED HOMES, will be reasonably safe from FLOODING.
D Per 44CFR 60.3;a), review the FLOODPLAIN DEVELOPMENT PERMIT application to
determine that all necessary permits have been obtained from Federal, State, or local
governmental agencies (including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972. 33 U.S.C. 1334) from which prior approval is required.
E. The FLOODPLAIN ADMINISTRATOR shall not issue a FLOODPLAIN DEVELOPMENT
PERMIT until it has determined that all applicable USES and standards specified in this
ORDINANCE have been met by the applicant. The FLOODPLAIN ADMINISTRATOR
shall notify the applicant within forty-five '45; days of receipt of a completed application the
decision taken on the FLOODPLAIN DEVELOPMENT PERMIT. In case of disapproval,
the applicant shall be notified with the specific reasons for the determination. Under no
circumstances should it be assumed that the FLOODPLAIN DEVELOPMENT PERMIT is
automatically granted.
F. Per 44CFR 60.3(b), notify, in riverine situations, ADJACENT communities and the CWCB,
prior to the approval of any FLOODPLAIN DEVELOPMENT PERMIT which involves any
ALTERATION OR RELOCATION OF A WATERCOURSE, and shall submit evidence of
such notification to FEMA.
G. Per 44CFR 60.3(b), ensure that the FLOOD carrying capacity within the altered or
relocated portion of any WATERCOURSE is maintained.
H. Where interpretation is needed as to the exact location of the boundaries of the SPECIAL
FLOOD HAZARD AREA, for example, where there appears to be a conflict between a
PAGE 15
2013-2800
ORD2013-10
mapped boundary and actual field conditions, the FLOODPLAIN ADMINISTRATOR shall
make the necessary interpretation.
Per 44CFR 60.3(c), for waterways with BASE FLOOD ELEVATIONS for which a
regulatory FLOODWAY has not been designated, no NEW CONSTRUCTION,
SUBSTANTIAL IMPROVEMENTS. or other DEVELOPMENT (including FILL) shall be
permitted within Zone A1 -A30 and AE on the COUNTY'S FIRM, unless it is demonstrated
that the cumulative effect of the proposed DEVELOPMENT, when combined with all other
existing and anticipated DEVELOPMENT, will not increase the WATER SURFACE
ELEVATION of the BASE FLOOD more than one-half foot (6 inches) at any point within
the COUNTY.
J. Per 44CFR 60.3(b), obtain and record the actual elevation, in relation to MEAN SEA
LEVEL, of the LOWEST FLOOR of all new or SUBSTANTIALLY IMPROVED
STRUCTURES. For all new, replacement or SUBSTANTIALLY IMPROVED
FLOODPROOFED STRUCTURES:
1. Verify and record the actual elevation, in relation to MEAN SEA LEVEL, to which
the STRUCTURE has been FLOODPROOFED; and
2. Maintain the elevation and FLOODPROOFING certifications.
K Per 44CFR 65.12, notwithstanding any other provisions of this ORDINANCE, the
COUNTY may approve certain DEVELOPMENT in Zones A1-30, AE, or AH, on the
COUNTY'S FIRM which increases the WATER SURFACE ELEVATION of the BASE
FLOOD by more than one-half foot (6 inches), provided that a CLOMR is submitted to
FEMA which fulfills the requirements of 44CFR 65.12 and receives FEMA approval.
Per 44 CFR 60.3(b), when the BASE FLOOD WATER SURFACE ELEVATION or
FLOODWAY data has not been provided in accordance with this ORDINANCE, the
FLOODPLAIN ADMINISTRATOR shall obtain, review and reasonably utilize any BASE
FLOOD WATER SURFACE ELEVATION or FLOODWAY data available from a Federal,
State or any other source to administer the provisions of this ORDINANCE. The other
sources of data may include but are not limited to: FEMA Publications such as Guidance
Documents, Policy Documents, Technical Bulletins, and Regulations; State of Colorado
Publications and Regulations; and other published or unpublished FLOOD studies.
Division 3
Floodplain Development Permit Procedures
Sec. 8-13-170. Exemptions.
The following open space and emergency USES are allowed to occur in a FLOODPLAIN
or FLOODWAY without a FLOODPLAIN DEVELOPMENT PERMIT provided that such USES are
not prohibited by any other resolution or statute, do not require STRUCTURES, do not require
alteration of the FLOODPLAIN such as FILL, excavation, or permanent storage of materials or
equipment, and will not cause FLOOD losses on other land or to the public:
A. Agricultural USES such as tilling, farming, irrigation, harvesting, grazing, etc;
PAGE 16
2013-2800
ORD2013-10
B. Private and public recreational USES that do not include overnight vehicle parking or
camping:
C. Irrigation and livestock water supply wells provided they meet the standards for wells in a
FLOODPLAIN;
D. Emergency FLOOD damage prevention measures such as sandbagging.
In addition to the above enumerated exemptions, DEVELOPMENT activities following a FLOOD
for the purpose of reconstruction and restoration of road infrastructure to pre -FLOOD conditions
in a FLOODPLAIN or FLOODWAY do not requires a FLOODPLAIN DEVELOPMENT PERMIT.
Sec. 8-13-180. Permit procedures.
A. The intent of the FLOODPLAIN DEVELOPMENT PERMIT is to ensure that proposed
DEVELOPMENT, BUILDING sites, and STRUCTURES which are to be located within the
100 -YEAR FLOODPLAIN are safe from FLOODING.
B. No permit shall be issued nor shall any START OF CONSTRUCTION begin,
DEVELOPMENT occur, BUILDING or STRUCTURE be erected, constructed, replaced, or
SUBSTANTIALLY IMPROVED within the 100 -YEAR FLOODPLAIN as shown on the
FEMA designated maps until a FLOODPLAIN DEVELOPMENT PERMIT for such
DEVELOPMENT, BUILDING, or STRUCTURE has been approved by the FLOODPLAIN
ADMINISTRATOR. Any person filing an application for a FLOODPLAIN
DEVELOPMENT PERMIT for a DEVELOPMENT, STRUCTURE, or MANUFACTURED
HOME is required to comply with the procedures and application requirements listed in
this ORDINANCE. Any DEVELOPMENT, BUILDING, or STRUCTURE which is to be
located within the FLOODPLAIN, as defined by the FIRM or DFIRM is required to obtain a
FLOODPLAIN DEVELOPMENT PERMIT in accordance with this ORDINANCE. A
FLOODPLAIN DEVELOPMENT PERMIT shall be obtained for all DEVELOPMENT,
BUILDINGS, or STRUCTURES which are to be located within the FLOODPLAIN
regardless of building permit requirements. Nothing in this ORDINANCE shall be
construed as exempting an applicant for a FLOODPLAIN DEVELOPMENT PERMIT from
any other COUNTY regulatory requirements.
C. Per 44CFR 60.3(a`, FLOODPLAIN DEVELOPMENT PERMIT applications submitted for
review shall include, at a minimum, the following information. Applications containing less
than the specified requirements shall not be accepted for review unless the applicant has
submitted to, and had approved by, the FLOODPLAIN ADMINISTRATOR written
*ustification as to why a particular requirement does not pertain to the proposed
DEVELOPMENT.
1. A completed FLOODPLAIN DEVELOPMENT PERMIT application form provided by
the FLOODPLAIN ADMINISTRATOR;
2. An explanation of how the standards in this ORDINANCE have been or will be met;
3. A map, drawn and certified by a registered Colorado professional engineer, which
accurately displays the following information:
PAGE 17
2013-2800
ORD2013-10
a. The name and address of the property owner;
b A legal description which describes the Section, Township and Range of the property;
Scale and north arrow;
d. Topographic map at the BUILDING site, including a map (plot plan) drawn to an
appropriate scale and the location of known encumbrances and spot elevations for the
site near all existing and proposed STRUCTURES;
e. WATER SURFACE ELEVATIONS of the BASE FLOOD ELEVATION at the
BUILDING site. If the WATER SURFACE ELEVATIONS are not shown on the
FBFM, FIRM. or DFIRM, the applicant's engineer shall use acceptable methodology to
determine the WATER SURFACE ELEVATIONS and show them on the map;
f. Boundaries of the FLOODPLAIN and FLOODWAY on the property.,
q. A plot plan which shows the location, shape, exterior dimensions and distance from
LOT or property lines of each existing or proposed STRUCTURE relative to the
FLOODPLAIN and/or FLOODWAY boundaries;
h. The elevation of the LOWEST FLOOR, including the BASEMENT or crawlspace, of all
new or SUBSTANTIALLY IMPROVED STRUCTURES;
If applicable, the elevation to which any non-residential STRUCTURE will be
FLOODPROOFED,
Proposed vehicular access to the property; and
k. Any FILL, proposed and existing storage of materials, and proposed and existing
drainage facilities located on the property.
4. If applicable, a certificate from a registered professional engineer licensed in the State
that the non-residential FLOODPROOFED STRUCTURE shall meet the
FLOODPROOFING criteria listed herein;
5. A pre -construction elevation certification shall be submitted with the FLOODPLAIN
DEVELOPMENT PERMIT application. An additional as -built elevation certification will
be required prior to receiving a certificate of occupancy or final building permit
approval for the STRUCTURE. The elevation certifications shall be submitted on the
most current FEMA Elevation Certificate;
6. An elevation drawing delineated with the appropriate architectural scale, which clearly
depicts the elevation of the LOWEST FLOOR of the proposed and existing
STRUCTURES in relation to the BASE FLOOD ELEVATION plus one foot;
7. Electronic copies of hydrologic and hydraulic computer models;
8. Electronic copies of CAD and/or GIS files;
PAGE 18
2013-2800
ORD2013-10
9. If applicable, a description of the extent to which any WATERCOURSE or natural
drainage will be altered or relocated as a result of proposed DEVELOPMENT; and
10. Any other relevant information which may be required by the FLOODPLAIN
ADMINISTRATOR to determine that the proposed project has gained the appropriate
Federal, State, and COUNTY approvals (e.g. wetland permits, septic permits, etc;.
D. Approval or denial of a FLOODPLAIN DEVELOPMENT PERMIT by the FLOODPLAIN
ADMINISTRATOR shall be based on all of the provisions of this ORDINANCE and the
following relevant factors:
1. The danger to life and property due to FLOODING or erosion damage;
2. The susceptibility of the proposed facility and its contents to FLOOD damage and the
effect of such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
4. The compatibility of the proposed USE with existing and anticipated DEVELOPMENT;
5. The safety of access to the property in times of FLOOD for ordinary and emergency
vehicles;
6. The costs of providing governmental services during and after FLOOD conditions
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
7. The expected heights, velocity, duration, rate of rise and sediment transport of the
FLOOD waters and the effects of wave action, if applicable, expected at the site;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not sub'ect to FLOODING or erosion damage,
for the proposed DEVELOPMENT; and
10. The relationship of the proposed USE to the COUNTY'S comprehensive plan for that
area.
Division 4
Standards
Sec. 8-13-200. General standards.
In all SPECIAL FLOOD HAZARD AREAS the following provisions are required for all
DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS:
A. Prior to the START OF CONSTRUCTION. a FLOODPLAIN DEVELOPMENT PERMIT
shall be obtained.
PAGE 19
2013-2800
ORD2013-10
B. All FLOODPLAIN analysis done for the purpose of obtaining a FLOODPLAIN
DEVELOPMENT PERMIT shall be performed utilizing the appropriate FEMA accepted
methodology and BEST AVAILABLE DATA.
C. Per 44CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTS
shall be designed and adequately anchored to prevent flotation, collapse. or lateral
movement of the STRUCTURE resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
D. Per 44CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTS
shall be constructed by methods and practices that minimize FLOOD damage.
E. Per 44CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTS
shall be constructed with materials resistant to FLOOD damage.
F. Per 44CFR 60.3(a), all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS
shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
FLOODING.
G. Per 44CFR 60.3(a', all new or replacement water supply systems shall be designed to
minimize or eliminate infiltration of FLOOD waters into the system.
H. Per 44CFR 60.3(b', all MANUFACTURED HOMES shall be installed using methods and
practices which minimize FLOOD damage. For purposes of this requirement,
MANUFACTURED HOMES must be ELEVATED and anchored to prevent flotation,
collapse, or lateral movement. Methods of anchoring may include, but are not limited tot
use of over -the -top or frame ties to ground anchors. This requirement is in addition to
applicable State and COUNTY anchoring requirements for resisting wind forces.
Per 44CFR 60.3(a), all new or replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of FLOOD waters into the system and discharge from the
systems into FLOOD waters. On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during FLOODING. Per Weld County
Code Chapter 30, and Colorado Department of Public Health and Environment
regulations, no new or expanded individual sewage disposal system can be placed in a
FLOODWAY. Per Colorado Department of Public Health and Environment regulations, if
a FLOODWAY has not been designated, the FLOODWAY location and elevation shall be
determined by a registered Colorado Professional Engineer.
J. Per CWCB FLOODPLAIN Rule 11, 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
LOMR-F, if the LOWEST FLOOR ELEVATION, including the BASEMENT or crawlspace,
is less than one foot '12 inches' above the BASE FLOOD ELEVATION that existed prior
to the placement of FILL.
PAGE 20
2013-2800
ORD2013-10
K. Per CWCB FLOODPLAIN Rule 12 and 44CFR 60.3(b), any USE or DEVELOPMENT
which causes or results in an ALTERATION OR RELOCATION OF A WATER COURSE
shall comply with the requirements listed below. The applicant shall provide evidence that:
1. CHANNELIZATION and flow diversion projects shall appropriately consider issues
of sediment transport, erosion, deposition, and CHANNEL migration and properly
mitigate potential problems throughout the project area as well as upstream and
downstream of any DEVELOPMENT activity. A detailed analysis of sediment
transport and overall CHANNEL capacity should be considered, when appropriate,
to assist in determining the most appropriate design. The residual 100 -YEAR
FLOODPLAIN shall be evaluated.
2. Any CHANNELIZATION or other stream alteration activity proposed by a project
proponent must be evaluated for its impact on the regulatory FLOODPLAIN and
shall be in accordance with all applicable Federal and State rules and regulations.
3. Any ALTERATION OR RELOCATION OF A WATER COURSE shall be designed
and sealed by a registered Colorado Professional Engineer or certified
Professional Hydrologist.
4. All activities within the regulatory FLOODPLAIN shall meet all applicable Federal
and State requirements and regulations.
5. Within the REGULATORY FLOODWAY, ALTERATION OR RELOCATION OF A
WATER COURSE shall not occur unless the proect proponent demonstrates
through a FLOODWAY analysis and report, sealed by a registered Colorado
Professional Engineer, that there is not more than a 0.00 foot rise in the proposed
conditions resulting from the DEVELOPMENT compared to the existing conditions
FLOODWAY, otherwise known as a No -Rise Certification, unless the proponent
first applies for and receives a CLOMR for a FLOODWAY revision.
6. Maintenance shall be required for any altered or relocated portions of
WATERCOURSES so that the flood -carrying capacity is not diminished.
7. Municipalities within a three-mile radius of the proposed ALTERATION OR
RELOCATION OF A WATERCOURSE have been notified in writing of the
proposed ALTERATION OR RELOCATION OF A WATERCOURSE.
8. The CWCB has been notified in writing of the proposed ALTERATION OR
RELOCATION OF A WATERCOURSE.
9. The Insurance and Mitigation Division of FEMA has been notified in writing of the
proposed ALTERATION OR RELOCATION OF A WATERCOURSE.
10. The Army Corps of Engineers has been notified in writing of the proposed
ALTERATION OR RELOCATION OF A WATERCOURSE.
L. Per CWCB FLOODPLAIN Rule 6, all new CRITICAL FACILITIES, SUBSTANTIALLY
IMPROVED CRITICAL FACILITIES, and ADDITIONS to CRITICAL FACILITIES shall
either be FLOODPROOFED or ELEVATED a minimum of two '2) feet ;24 inches) above
PAGE 21
2013-2800
ORD201 3-10
the BASE FLOOD ELEVATION. Facilities that are exempted from the definition of
CRITICAL FACILITIES must still meet all of the other FLOODPLAIN regulations. Ingress
and egress for new CRITICAL FACILITIES shall, when practicable, have continuous
non -inundated access during a 100 -YEAR FLOOD event.
M. Barns with no habitable living spaces or sanitary systems, loafing sheds, detached
garages with no habitable living spaces, boathouses/boat docks with no habitable living
spaces, and storage sheds may be FLOODPROOFED by the FLOOD venting measures
described below:
1. FLOOD vented STRUCTURES shall be anchored to resist floatation, collapse,
and lateral movement;
2. FLOOD vented STRUCTURES shall be constructed using FLOOD resistant
materials below the BASE FLOOD ELEVATION plus one (1) foot;
3. All utility equipment in a FLOOD vented STRUCTURE shall be elevated or
made WATERTIGHT to prevent the accumulation of FLOOD water in the
components;
4. There shall be a minimum of two openings on different sides of each
enclosed area, and if a BUILDING has more than one enclosed area below
the BASE FLOOD ELEVATION. each area shall have openings on exterior
walls;
5. The total net area of all openings shall be at least 1 square inch for each
square foot of enclosed area, or the openings shall be designed and the
construction documents shall include a statement that the design and
installation will provide for equalization of hydrostatic FLOOD forces on
exterior walls by allowing for the automatic entry and exit of floodwaters;
6. The bottom of each opening shall be 1 foot or less above the adjacent
ground level;
7. The openings shall be located below the BASE FLOOD ELEVATION;
8. Openings shall be at least 3 inches in diameter: and
9. Any louvers, screens or other opening covers shall allow the automatic flow
of floodwaters into and out of the enclosed area.
Openings installed in doors and windows that meet requirements above are
acceptable, however, doors and windows without installed openings do not meet
the requirements of this Subsection M.
N. All OIL AND GAS PRODUCTION FACILITIES including TANK BATTERIES shall be
anchored to resist flotation, collapse or lateral movement. OIL AND GAS
PRODUCTION FACILITIES shall be ELEVATED, FLOODPROOFED, or FLOOD vented
as appropriate.
PAGE 22
2013-2800
ORD2013-10
O. If FILL material is to be used in the FLOODPLAIN, a registered Colorado Professional
Engineer shall certify that the FILL material is designed to withstand the erosional forces
associated with the BASE FLOOD.
P. Outside storage of FLOATABLE MATERIALS associated with non-agricultural uses shall
not be allowed. Materials that are not floatable can be stored outside provided that a
FLOODPLAIN DEVELOPMENT PERMIT is obtained.
Sec. 8-13-210. Specific standards for Approximate Floodplains (Zone A).
In addition to of the general standards in Section 8-13-200, the following provisions are
required for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in
SPECIAL FLOOD HAZARD AREAS designated as Zone A ;Approximate Floodplain;•
A. Per 44CFR 60.3(b' and CWCB FLOODPLAIN Rule 11, all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the
LOWEST FLOOR (including BASEMENT or crawlspace), ELEVATED a minimum of one
foot above the BASE FLOOD ELEVATION. Upon completion of the STRUCTURE, the
elevation of the LOWEST FLOOR, including BASEMENT or crawlspace, shall be certified
by a registered Colorado land surveyor. The certificate shall utilize FEMA's Elevation
Certificate and must include all information requested on the Elevation Certificate.
B. Per 44CFR 60.3(b), with the exception of CRITICAL FACILITIES, all NEW
CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial, industrial, or
other non-residential STRUCTURES shall either have the LOWEST FLOOR (including
BASEMENT or crawlspace) ELEVATED a minimum of one foot above the BASE FLOOD
ELEVATION or, together with attendant utility and sanitary facilities, be designed so that
at one foot above the BASE FLOOD level, 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 the effects of
buoyancy. A registered professional engineer or architect licensed in the State of
Colorado shall develop and/or review structural design, specifications, and plans for
construction, and shall certify that the design and methods of construction are in
accordance with accepted standards of practice.
C. Per 44CFR 60.3(b), for all NEW CONSTRUCTION and SUBSTANTIAL
IMPROVEMENTS, with fully enclosed areas below the LOWEST FLOOR that are used
solely for the parking of vehicles, BUILDING access, or storage in an area other than a
BASEMENT and 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
Colorado Professional Engineer or architect to meet or exceed the following minimum
criteria:
1. There shall be a minimum of two openings on different sides of each enclosed
area; if a BUILDING has more than one enclosed area below the BASE FLOOD
ELEVATION, each area shall have openings on exterior walls:
2. The total net area of all openings shall be at least 1 square inch for each square
foot of enclosed area, or the openings shall be designed and the construction
PAGE 23
2013-2800
ORD2013-10
documents shall include a statement that the design and installation will provide for
equalization of hydrostatic FLOOD forces on exterior walls by allowing for the
automatic entry and exit of floodwaters;
3. The bottom of each opening shall be 1 foot or less above the adjacent ground
IeveIL
4. The openings shall be located below the BASE FLOOD ELEVATION;
5. Openings shall be at least 3 inches in diameter; and
6. Any louvers, screens or other opening covers shall allow the automatic flow of
floodwaters into and out of the enclosed area.
Openings installed in doors and windows that meet the above requirements are
acceptable, however, doors and windows without installed openings do not meet the
requirements of this Subsection C.
D. Per 44CFR 60.3(b), BASE FLOOD ELEVATION data shall be generated for all
subdivision proposals and other proposed DEVELOPMENT including the placement of
MANUFACTURED HOME PARKS greater than 50 LOTS and/or 5 acres or greater in size
Per 44CFR 65.3, the applicant shall submit a LOMR to FEMA for acceptance and
approval within 60 days after the BASE FLOOD ELEVATIONS are determined.
E. Per 44CFR 60.3:a), all subdivision proposals including the placement of
MANUFACTURED HOME PARKS and subdivisions shall conform to the following
requirements:
1. All subdivision proposals including the placement of MANUFACTURED HOME
parks shall be reasonably safe from FLOODING. If a subdivision or other
DEVELOPMENT proposal is in a flood -prone area, the proposal shall minimize
FLOOD damage;
2. All proposals for the development of subdivisions including the placement of
MANUFACTURED HOME PARKS and subdivisions shall meet the FLOODPLAIN
DEVELOPMENT PERMIT requirements:
3. Adequate drainage paths shall be provided to reduce exposure to FLOOD
hazards; and
4. Public utilities and facilities such as sewer, gas, electrical, and water systems shall
be located and constructed to minimize or eliminate FLOOD damage.
Sec. 8-13-220. Specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS
{Zones A1 -A30, AH, AO, and AE).
In addition to of the general standards in Section 8-13-200 and specific standards for
Approximate Floodplains in Section 8-13-210, the following provisions are required for all NEW
CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD
HAZARD AREAS designated as Zones Al through A30, AH, AO, and AE:
PAGE 24
2013-2800
ORD2013-10
A. Per 44CFR 60.3(c), when a regulatory FLOODWAY has not been designated, the
FLOODPLAIN ADMINISTRATOR shall recuire that no NEW CONSTRUCTION,
SUBSTANTIAL IMPROVEMENTS, or other DEVELOPMENT, including FILL, shall be
permitted within Zones A1-30 and AE on the COUNTY'S FIRM, unless it is demonstrated
that the cumulative effect of the proposed DEVELOPMENT, when combined with all other
existing and anticipated DEVELOPMENT, will not increase the WATER SURFACE
ELEVATION of the BASE FLOOD more than half a foot (6 inches) at any point within the
COUNTY.
B. Per 44CFR 60.3(c), all new MANUFACTURED HOMES that are placed within Zones
A1 -A30, AH, and AE that are outside of a MANUFACTURED HOME PARK OR
SUBDIVISION, in a new MANUFACTURED HOME PARK OR SUBDIVISION, in an
expansion to an EXISTING MANUFACTURED HOME PARK OR SUBDIVISION, or in an
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION on which a
MANUFACTURED HOME has incurred SUBSTANTIAL DAMAGE shall be ELEVATED
on a permanent foundation such that the LOWEST FLOOR of the MANUFACTURED
HOME is elevated a minimum of one foot above the BASE FLOOD ELEVATION and shall
be securely anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
C. Per 44CFR 60.3'c, existing MANUFACTURED HOMES that are placed or
SUBSTANTIALLY IMPROVED on sites in an existing MANUFACTURED HOME PARK
OR SUBDIVISION within Zones Al through A30, AH, and AE, and that are not sub:ect to
the provisions of the above Subsection B, shall be elevated so that either:
1. The LOWEST FLOOR of the MANUFACTURED HOME is a minimum of one foot
above the BASE FLOOD ELEVATION; or
2. The MANUFACTURED HOME chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches
in height above grade and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
D. Per 44CFR 60.3(c), RECREATIONAL VEHICLES placed on sites within the
FLOODPLAIN shall:
1. Be on site for fewer than one -hundred eighty (180' consecutive days and be fully
licensed and properly equipped for highway usage; or
2. Shall meet the elevation and anchoring requirements for MANUFACTURED
HOMES.
A RECREATIONAL VEHICLE is properly equipped for highway usage if it is on its wheels
or jacking system, is attached to the site only by quick disconnect utilities and security
devices, and has no permanently attached additions.
E. Per 44CFR 60.3(c', Zone AO ;shallow flooding) areas can be located within the SPECIAL
FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated
with BASE FLOOD depths of 1 to 3 feet where a clearly defined CHANNEL does not exist
PAGE 25
2013-2800
ORD2013-10
and where the path of FLOODING is unpredictable and where velocity flow may be
evident. Such FLOODING is characterized by pondinq or sheet flow. The following
provisions shall apply:
1. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential
STRUCTURES shall have the LOWEST FLOOR ;including BASEMENT or
crawlspace) ELEVATED above the HIGHEST ADJACENT GRADE at least one foot
above the depth number specified in feet on the FIRM. If no depth number is
provided on the FIRM, the LOWEST FLOOR (including BASEMENT or crawlspace:
shall be a minimum of three feet above the HIGHEST ADJACENT GRADE. Upon
completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including the
BASEMENT or crawlspace, shall be certified by a registered Colorado Land Surveyor.
Such certification shall be submitted to the FLOODPLAIN ADMINISTRATOR.
2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any commercial, industrial, or other
non-residential STRUCTURES shall either have the lowest floor (including
BASEMENT or crawlspace) ELEVATED a minimum of one foot above the BASE
FLOOD ELEVATION (at least three feet if no depth number is specified) or, together
with attendant utility and sanitary facilities, be designed so that at one foot above the
BASE FLOOD level, 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 the effects of
buoyancy. A registered professional engineer or architect licensed in the State of
Colorado shall develop and/or review the structural design. specifications, and plans
for the construction. and shall certify that the design and methods of construction are
in accordance with accepted standards of practice.
3. Adequate drainage paths shall be established to guide FLOOD waters around and
away from proposed STRUCTURES.
F. Per 44CFR 60.3(c). notwithstanding any other provisions of this ORDINANCE, the
COUNTY may approve certain development in Zones A1-30, AE, or AH, on the
COUNTY'S FIRM which results in the increase of the BASE FLOOD WATER SURFACE
ELEVATION by more than one-half foot (6 inches), provided that a CLOMR is submitted to
FEMA which fulfills the provisions of 44CFR 65.12 and receives FEMA approval.
Sec. 8-13-230. Specific standards for FLOODPLAINS with FLOODWAYS.
FLOODWAYS are administrative limits and tools used to regulate existing and future
FLOODPLAIN DEVELOPMENT. The State of Colorado has adopted FLOODWAY standards
that are more stringent than the FEMA minimum standard. Located within the SPECIAL FLOOD
HAZARD AREA are areas designated as FLOODWAY. Since the FLOODWAY is extremely
hazardous due to the velocity of FLOOD waters which carry debris, potential projectiles and
erosion potential, the following provisions, in addition to the provisions of the general standards in
Section 8-13-200, specific standards for Approximate Floodplains in Section 8-13-210, and
specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS in section 8-13-220, for
all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in
FLOODWAYS shall apply:
PAGE 26
2013-2800
ORD2013-10
A. Per 44CFR 60.3(d), encroachments within the regulatory FLOODWAY are prohibited,
including FILL, NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, and other
DEVELOPMENT unless it has been demonstrated through hydrologic and hydraulic
analyses performed by a licensed Colorado Professional Engineer and in accordance with
standard engineering practices that the proposed encroachment would not result in any
increase, as shown by a NO RISE CERTIFICATION, in FLOOD levels within the COUNTY
during the occurrence of the BASE FLOOD discharge. Per CWCB FLOODPLAIN Rule 7,
FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners and any other
FEMA accepted methodology are considered to be standard engineering practices.
B. Per 44CFR 60.3(d), if the above standard is satisfied. all NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS shall comply with all applicable provisions of this
ORDINANCE.
C. Per 44CFR 60.3;d;, notwithstanding any other provisions of this ORDINANCE, the
COUNTY may approve certain development in Zones Al through 30, AE, or AH, on the
COUNTY'S FIRM which results in the increase of the BASE FLOOD WATER SURFACE
ELEVATION by more than one-half foot ;6 inches), provided that a CLOMR is submitted to
FEMA which fulfills the provisions of 44CFR 65.12 and receives FEMA approval.
Sec. 8-13-240. Specific standards for FLOODPLAIN Studies.
CWCB FLOODPLAIN Rules 7, 9, and 10 provide specific standards for conducting
FLOODPLAIN studies.
A. Per CWCB FLOODPLAIN Rule 7, all FLOODPLAIN studies shall be carried out in
accordance with the following standards:
1. Approximate FLOODPLAIN information shall be based on detailed hydrology
computed for 100 -YEAR FLOODS. Hydraulic information shall be produced
using approximate, field, or limited techniques and the best available
topographic/survey data.
2. Detailed FLOODPLAIN information shall be based on detailed hydrologic and
hydraulic determinations for 100 -YEAR FLOODS. FLOOD profiles and
FLOODPLAIN delineations for the BASE FLOOD shall be plotted.
3. Base mapping for FLOODPLAIN studies shall meet the minimum standards as set
forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners.
4. Topographic and field survey information for FLOODPLAIN studies shall meet the
minimum standards as set forth in FEMA's Guidelines and Specifications for Flood
Hazard Mapping Partners.
5. Geographic Information System information for FLOODPLAIN studies shall meet
the minimum standards as set forth in FEMA's Guidelines and Specifications for
Flood Hazard Mapping Partners.
6. Hydrologic analyses for FLOODPLAIN studies shall be completed using the
information set forth in FEMA's Guidelines and Specifications for Flood Hazard
PAGE 27
2013-2800
ORD2013-10
Mapping Partners. Additionally, hydrology studies must comply with the
following:
a. All FLOODPLAIN studies, regardless of the level of detail, shall utilize detailed
hydrologic information. The Colorado Floodplain and Stormwater Criteria
Manual may be used as a reference to aid in the analysis; and
b Any new study to evaluate hydrologic information and/or design storm criteria
shall be completed in such a way that it is scientifically defensible and
technically reproducible.
7. Hydraulic analyses for FLOODPLAIN studies shall be completed using the
protocols set forth in FEMA's Guidelines and Specifications for Flood Hazard
Mapping Partners.
8. FLOODPLAIN delineations shall be completed using the protocols set forth in
FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners and
shall, at a minimum, comply with the technical quality assurance standards as
follows:
a. The FLOOD elevations and the FLOODPLAIN delineations on the maps must
correlate reasonably to the best available topographic information for the
stream and adjacent corridor.
b. The planimetric features on the FLOODPLAIN maps must be consistent with
the best available aerial photographs or other suitable information for the
stream and adjacent corridor, as determined through prevailing industry
practices.
9. The results of the hydrologic analyses, hydraulic analyses. and FLOODPLAIN
delineations shall be summarized in a written report. All FLOODPLAIN
information that is presented for designation shall be properly titled, dated,
organized, and bound as a stand-alone document. In addition to the hard copy
final report, a digital copy of the final report shall be submitted in MS WORD and
PDF formats. All pertinent backup data such as GIS files, hydrologic models, and
hydraulic models shall also be provided in acceptable digital formats.
a. The regulatory FLOODPLAIN maps shall show at a minimum the flood
boundaries, the location of all cross sections used in the hydraulic analysis, the
reference line drawn down the center of the FLOODPLAIN or low flow
CHANNEL, and a sufficient number of FLOOD contours in order to reconstruct
the floodwater surface profiles.
b. FLOOD contours or BASE FLOOD ELEVATIONS shall be shown as wavy
lines drawn perpendicular to the direction of flow of floodwater and shall extend
completely across the area of the mapped regulatory FLOODPLAIN.
c. The regulatory FLOODPLAIN map scale shall be 1 -inch equals 1,000 feet or
such map scale showing greater detail. FEMA map panels may be at 1 -inch
equals 500 ft, 1 -inch equals 1,000 feet, or 1 -inch equals 2,000 feet.
PAGE 28
2013-2800
ORD2013-10
B. Per CWCB FLOODPLAIN Rule 9, if a publicly operated and maintained STRUCTURE is
specifically designed and operated either in whole or in part for FLOOD control purposes,
then its effects shall be taken into consideration when delineating the FLOODPLAIN
below such STRUCTURE.
1. The effects of the STRUCTURE shall be based upon the 100 -YEAR FLOOD with full
credit given to the diminution of peak FLOOD discharges. which would result from
normal FLOOD control STRUCTURE operating procedures.
2. The hydrologic analysis shall consider the effects of on -site detention for rooftops,
parking lots, highways, road FILLS, railroad embankments, diversion STRUCTURES,
refuse embankments, including, but not limited to, solid waste disposal facilities, mill
tailings; impoundments, siltation ponds, livestock water tanks, erosion control
structures, or other STRUCTURES, only if they have been designed and constructed
with the purpose of impounding water for FLOOD detention and are publicly operated
and maintained. Public operation and maintenance shall include direct responsibility
or ultimate responsibility through written agreement.
3. Detention STRUCTURES that are privately operated or maintained shall not be
included in the hydrologic analysis unless it can be shown that they exacerbate
downstream peak discharges.
4. If a STRUCTURE is not specifically designed and operated, either in whole or in part,
for FLOOD control purposes (i.e. railroad embankments, roadway embankments.
non -engineered berms, etc.), then its effects shall not be taken into account and the
delineation of the FLOODPLAIN below such STRUCTURE shall be based upon the
100 -YEAR FLOOD that could occur absent the STRUCTURE'S influence. However, if
adequate assurances have been obtained to preserve the FLOOD routing capabilities
of such STRUCTURE, then the delineation of the FLOODPLAIN below the structure
may be based on the assumption that the reservoir formed by the STRUCTURE will be
filled to the elevation of the STRUCTURE'S emergency spillway and the 100 -YEAR
hydrology can be routed through the reservoir to account for any FLOOD attenuation
effects.
5. Adequate assurances shall include appropriate recognition in a COUNTY adopted
master plan of:
a. FLOOD routing capability of the reservoir, as shown by comparison of the
100 -YEAR FLOODPLAIN in plan and profile with and without the STRUCTURE in
place, in order that the public may be made aware of the potential change in level
of FLOOD protection in the event that the reservoir FLOOD routing capability is
lost:
b. The need to preserve that FLOOD routing capability by whatever means available
in the event that the reservoir owners attempt to make changes that would
decrease the FLOOD routing capability; and
c. A complete operations and maintenance plan.
PAGE 29
2013-2800
ORD2013-10
6. Irrigation facilities, including, but not limited to, ditches and canals, shall not be used as
stormwater or FLOOD conveyance facilities. unless specifically approved and
designated by the COUNTY and approved by the irrigation facility owners. The
FLOOD conveyance capacity of irrigation facilities shall be acknowledged only by
written agreement between the facility owners and COUNTY, with review and
concurrence from the Colorado Division of Water Resources to ensure that water
rights administration needs are properly considered. A maintenance easement or
agreement shall be in place allowing the COUNTY maintenance access when needed.
7. Unless specified otherwise by aforementioned written agreement, FLOOD hydrology
for FLOODPLAIN mapping purposes shall consist of peak hydrologic flows that are
identical immediately downstream and immediately upstream of a ditch or canal that is
generally perpendicular to the stream or drainageway of interest. The irrigation
facility shall be assumed as running full so that there are no computed FLOOD
reduction benefits downstream of the irrigation facility. Backwater behind irrigation
facilities shall be mapped.
C. Per CWCB FLOODPLAIN Rule 10, the use of LEVEES for property protection, FLOOD
control, and FLOOD hazard mitigation is not encouraged unless other mitigation
alternatives are not viable.
1. The areas landward of an accredited LEVEE SYSTEM shall be mapped as Zone X
(shaded;. The DFIRM and FIRM for these areas will include an informational note that
advises users of the FLOOD risk in LEVEE -impacted areas.
2. In situations where LEVEES are the only viable alternative for protection of existing
DEVELOPMENT, "setback" LEVEES shall be designed and constructed to maintain
the natural CHANNEL and reserve a portion of the natural FLOODPLAIN capacity.
3. LEVEES shall not be used for FLOOD protection along streams or WATERCOURSES
where new DEVELOPMENT is planned.
4. LEVEES may be used to protect public utility plant facilities for wastewater treatment
and pumping as well as electric power plants due to their close proximity to natural
waterways.
5. For existing LEVEES that protect existing DEVELOPMENT, proper maintenance shall
be performed by LEVEE owners/operators, or non-federal sponsors in the case of
federal LEVEES, according to an operations and maintenance plan. LEVEES shall
not be constructed for the primary purpose of removing undeveloped lands from
mapped FLOODPLAIN areas for the purposes of DEVELOPMENT. When
constructed, LEVEES for which protection will be considered for designation and
approval must meet the requirements set forth in 44 CFR 65.10. Artificial
embankments that function as a LEVEE or a FLOOD control STRUCTURE must meet
the provisions of CWCB Rule 10 or 2CCR 402-1 2010, respectively, in order to be
considered as providing protection.
6. An operation and maintenance manual that ensures continuing proper function of the
LEVEE shall be prepared and updated. The LEVEE shall be structurally sound and
adequately maintained. Sedimentation effects shall be considered for all LEVEE
PAGE 30
2013-2800
ORD2013-10
projects. Certification from a Federal or State agency or a Colorado registered
professional engineer that the LEVEE meets the minimum freeboard criteria stated
above and that it appears, on visual inspection, to be structurally sound and
adequately maintained shall be required on a three-year basis and provided to the
CWCB. LEVEES that have obvious structural defects or that are obviously lacking in
proper maintenance shall not be considered in the hydraulic analysis.
7. Privately -operated or maintained LEVEE SYSTEMS will not be considered in the
hydraulic analysis performed unless the COUNTY mandates operation and
maintenance of the LEVEE SYSTEM and the criteria set forth below are met.
a. LEVEES for which the community, State, or Federal government has responsibility
for operations and maintenance will be considered, provided that the criteria set
forth below are met.
b. Privately -owned LEVEE SYSTEMS shall only be considered in the hydraulic
analysis if a fully executed agreement exists between the LEVEE owner and a
governmental entity enabling unrestricted access to the governmental entity for
the purposes of inspection and maintenance and gives the governmental entity
responsibility for maintenance.
c. A copy of the executed agreement shall be provided to the CWCB and the CWCB
shall be notified in wilting of any changes made to the agreement.
8. A minimum LEVEE freeboard of 3 feet shall be necessary with an additional 1 -foot of
freeboard within 100 feet of either side of hydraulic structures within the LEVEE or
wherever the flow is constricted such as at bridges. An additional 0.5 -foot above this
minimum is also required at the upstream end of the LEVEE.
9. In cases where levees are mapped as providing 100 -YEAR FLOOD protection the
adequacy of interior drainage systems, on the landward side of the LEVEE, shall be
evaluated. Areas subject to FLOODING from inadequate interior drainage behind
LEVEES shall be mapped using standard procedures.
10. Evaluation of LEVEES shall not consider human intervention (e.g., capping of levees
by sandbagging, earth fill, or flashboards) for the purpose of increasing a LEVEE'S
design level of protection during an imminent FLOOD. Human intervention shall only
be considered for the operation of closure structures (e.g., gates or stop logs) in a
LEVEE SYSTEM designed to provide at least the level of BASE FLOOD protection,
including adequate freeboard as described above, provided that such human
operation is specifically included in an emergency response plan adopted by the
COUNTY.
11. For areas protected by a LEVEE providing less than the level of BASE FLOOD
protection, FLOOD elevations shall be computed as if the LEVEE did not exist. For the
unprotected area between the LEVEE and the source of FLOODING, the elevations to
be shown shall be obtained from either the FLOOD profile that would exist at the time
LEVEE overtopping begins or the profile computed as if the LEVEE did not exist,
whichever is higher. This procedure recognizes the increase in FLOOD elevation in
the unprotected area that is caused by the LEVEE itself. This procedure may result in
PAGE 31
2013-2800
ORD2013-10
FLOOD elevations being shown as several feet higher on one side of the levee than on
the other. Both profiles shall be shown in the final report and labeled as "before LEVEE
overtopping" and "after LEVEE overtopping" respectively.
Division 5
Appeal and Variance
Sec. 8-13-260. Appeal of FLOODPLAIN ADMINISTRATOR'S administrative decision.
Appeal of any FLOODPLAIN ADMINISTRATOR'S administrative decision regarding the
application or interpretation of this ORDINANCE shall be addressed pursuant to Weld County
Code § 2-4-10.
Sec. 8-13-270. VARIANCE procedures.
The Board of County Commissioners shall hear and render judgment on requests for
VARIANCES from the requirements of this ORDINANCE.
A VARIANCE requests to the Board of County Commissioners shall be made and
processed as set forth below:
1. Application Requirements: VARIANCE requests regarding the application of specific
terms or requirements of this ORDINANCE shall be made submitted on a form
provided by the FLOODPLAIN ADMINISTRATOR and contain, at a minimum, the
following information:
a. A statement that specifies the Weld County Code Section for which a VARIANCE
request is being sought
b. A plot plan showing the location of existing features, such as STRUCTURES,
fences. streams, PUBLIC or private rights -of -way, streets or accesses. The plot
plan shall include the location and dimensions of all existing and proposed
STRUCTURES; elevations of the area in question; and any fill, storage of
materials and drainage facilities. The plot plan shall also show the boundaries of
the FLOODPLAIN and FLOODWAY and the BASE FLOOD WATER SURFACE
ELEVATIONS;
c. A copy of a deed, purchase contract or other legal instrument indicating the
applicant's interest in the property. The deed, purchase contract or legal
instrument should include a complete and accurate legal description of the
property
d. A statement that demonstrates there is good and sufficient cause for granting a
VARIANCE. Per FEMA guidance, the following reasons are not considered good
and sufficient cause, including, but not limited to:
i. Property values will decrease:
ii. Inconvenience for the owner:
PAGE 32
2013-2800
ORD2013-10
iii. The cost to comply with this ORDINANCE; and
iv. The property will look different from other properties in the neighborhood or
surrounding area.
e. A statement must demonstrate that an unnecessary hardship will be created if a
VARIANCE is not approved. Per FEMA guidance, the following hardships are not
considered exception hardships including, but not limited to:
Financial hardship:
ii. Inconvenience;
iii. Physical handicaps;
iv. Aesthetic considerations;
v Personal preferences; and
vi. Disapproval of one's neighbors.
f A statement that demonstrates how the danger of materials being swept into other
lands causing in.ury to others will be minimized or mitigated;
q. A statement that demonstrates how the danger to life and property due to
FLOODING or erosion damage will be minimized or mitigated;
h. A statement that demonstrates how the susceptibility of the proposed facility and
its contents to FLOOD damage and the effect of such damage on the individual
owner will be minimized or mitigated:
i. Evidence that demonstrates the importance of the services provided by the
proposed facility to the COUNTY, where applicable;
Evidence that demonstrates the necessity to the facility of a waterfront location,
where applicable,
k. Evidence that demonstrates that the availability of alternative locations for the
proposed USE, which are not subect to FLOODING or erosion damage, was
investigated;
I. A statement that demonstrates the safety of access to the property at times of
FLOOD for ordinary and emergency vehiclesi
m. Evidence that has been prepared by a registered professional engineer licensed in
the State that demonstrates the expected depths, velocity, duration, rate of rise
and transport of the FLOOD waters and the effects of wave action, if applicable,
expected at the site will be;
PAGE 33
2013-2800
ORD2013-10
n. Evidence that has been prepared, stamped, signed, and dated by a registered
professional engineer licensed in the State that demonstrates the USE will not
result in any increase in the BASE FLOOD WATER SURFACE ELEVATION within
the FLOODWAY per 44CFR 60.6;
o. Evidence that demonstrates that the VARIANCE requested is the minimum
VARIANCE necessary, considering the FLOOD hazard, to afford relief; and
p. Any other information determined to be necessary by the FLOOD PLAIN
ADMINISTRATOR or Board of County Commissioners that will aid the Board of
County Commissioners in making a decision on the VARIANCE request.
2. Duties of the FLOODPLAIN ADMINISTRATOR during the consideration of
VARIANCE requests.
a. The FLOODPLAIN ADMINISTRATOR shall review the application and determine
that it is complete before scheduling consideration of the VARIANCE request by
the Board of County Commissioners. Incomplete applications will be returned to
the applicant with a letter requesting additional information;
b. The FLOODPLAIN ADMINISTRATOR shall review the application for
consideration of the VARIANCE and shall prepare comments for use by the Board
of County Commissioners addressing all aspects of the VARIANCE and the effect
of granting or denying the request for VARIANCE;
c. Per 44CFR 60.6, the FLOODPLAIN ADMINISTRATOR shall maintain the records
of all VARIANCE requests, including technical information, and report any
VARIANCES granted to FEMA;
d. Per 44CFR 60.6, if the VARIANCE request is for a STRUCTURE with a LOWEST
FLOOR ELEVATION below the BASE FLOOD ELEVATION, the FLOODPLAIN
ADMINISTRATOR shall give written notice to any party to whom a VARIANCE is
granted 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.
3. Duties of the Board of County Commissioners during consideration of VARIANCE
requests.
a. The Board of County Commissioners shall hold a public hearing to consider the
VARIANCE request. The Board of County Commissioners shall make its decision
based on all technical evaluations, all relevant factors, standards specified in this
ORDINANCE, any information presented at the public hearing and its
interpretation of this ORDINANCE. The concurring unanimous vote of all Board of
County Commissioners hearing the case shall be necessary in order to decide in
favor of the party making the VARIANCE request of the terms of this
ORDINANCE within the FLOODPLAIN or FLOODWAY.
PAGE 34
2013-2800
ORD2013-10
b. Per 44CFR 60.6. a VARIANCE request of the terms of this ORDINANCE within
the FLOOODPLAIN or FLOODWAY shall not be granted until and unless the
Board of County Commissioners has found and determined that:
1. The VARIANCE is the minimum VARIANCE necessary, considering the
FLOOD hazard, to afford relief
2. A showing of good and sufficient cause has been demonstrated by the party
3. Failure to grant the VARIANCE would result in exceptional hardship to the
party requesting the VARIANCE
4. A VARIANCE granted for a property in the FLOODWAY would not result in
any increase in FLOOD levels during the BASE FLOOD discharge;
requesting the VARIANCE,
5. The granting of a VARIANCE will not result in any increased FLOOD heights
during a 100 -YEAR FLOOD event, additional threats to public safety or
extraordinary public expense, the creation of nuisances, fraud or
victimization of the public, or conflict with existing local laws or regulations.
6. VARIANCES may be granted for one or more of the following reasons:
VARIANCES may be granted 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 level, provided that
the material required has been fully considered. As the LOT size
increases beyond one-half CA) acre, the technical justifications required
for issuing the VARIANCE will increase:
ii. VARIANCES may be granted for the reconstruction, rehabilitation or
restoration of STRUCTURES listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to the
procedures set forth above;
iii. VARIANCES may be granted for NEW CONSTRUCTION,
SUBSTANTIAL IMPROVEMENTS, and other DEVELOPMENT
necessary for the conduction of a functionally dependent USE provided
that:
a. All the criteria listed above is met, and
b. The STRUCTURE or other DEVELOPMENT is protected by methods
that minimize FLOOD damages during the BASE FLOOD and create
no additional threats to public safety.
7. Upon consideration of the factors noted above in con unction with the
purpose and obectives of this ORDINANCE, the Board of County
Commissioners may attach such conditions to the granting of VARIANCES
PAGE 35
2013-2800
ORD2013-10
as it deems necessary to further the purpose and objectives of this
ORDINANCE.
Division 6
Violations and Penalties
Sec. 8-13-290. VIOLATIONS and penalties.
The COUNTY, through the Department of Public Works or other departments so
authorized, may enforce this ORDINANCE through methods included in this ORDINANCE or
through other methods adopted by the Board of County Commissioners. The methods provided
in this ORDINANCE for violations and penalties are authorized by § 30-28-124, and §
30-28-124.5, C.R.S.
Sec. 8-13-300. Criminal penalties.
A. It is unlawful to erect. construct, reconstruct or alter any BUILDING or STRUCTURE in
violation of any provision of this ORDINANCE. Any person, firm or corporation violating
any provision of this ORDINANCE is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than one hundred dollars ;$100.00), or by
imprisonment in the COUNTY Sail for not more than ten (10; days, or by both such fine and
imprisonment. Each day during which such illegal erection, construction, reconstruction
or alteration continues shall be deemed a separate offense.
B. It is unlawful to USE any BUILDING, STRUCTURE or land in violation of any provision of
this ORDINANCE. Any person, firm or corporation violating any provision of this
ORDINANCE is guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the
COUNTY jail for not more than ten (10) days, or by both such fine and imprisonment.
Each day during which such illegal USE of any BUILDING, STRUCTURE or land
continues shall be deemed a separate offense.
C. Whenever the Department of Public Works, through one (1) of its employees, has
personal knowledge of any VIOLATION of this ORDINANCE, it shall give written notice to
the violator to correct such VIOLATION within ten (10) days after the date of such notice.
Should the violator fail to correct the VIOLATION within such ten-day period, the
Department of Public Works may request that the Weld County Sheriff's Office issue a
summons and complaint to the violator, stating the nature of the VIOLATION with
sufficient particularity to give notice of said charge to the violator. The summons and
complaint shall require that the violator appear in court at a definite time and place stated
therein to answer and defend the charge. One (1) copy of said summons and complaint
shall be served upon the violator by the Sheriff's Office in the manner provided by law for
the service of a criminal summons. One (1) copy each shall be retained by the Sheriff's
Office and the Department of Public Works and one '1) copy shall be transmitted to the
Clerk of the Court.
D. It is the responsibility of the County Attorney to enforce the provisions of this Section. In
the event the Board of County Commissioners deems it appropriate, the Board of County
Commissioners may appoint the District Attorney to perform such enforcement duties in
lieu of the County Attorney.
PAGE 36
2013-2800
ORD2013-10
Sec. 8-13-310. Equitable relief in civil action.
In case any DEVELOPMENT, BUILDING or STRUCTURE is or is proposed to be erected,
constructed, reconstructed, altered or USED, or any land is or is proposed to be USED, in
VIOLATION of any provision of this ORDINANCE, the County Attorney, or where the Board of
County Commissioners deems it appropriate, the District Attorney, in addition to the other
remedies provided by law, ordinance or resolution, may institute an injunction, mandamus,
abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such
unlawful erection, construction, reconstruction, alteration or USE.
Sec. 8-13-320. Civil penalties.
A. It is unlawful to erect. construct, reconstruct, alter, or USE any BUILDING. STRUCTURE,
or land in violation of this ORDINANCE. In addition to any penalties imposed pursuant to
Weld County Code Sections 8-13-300 and 8-13-310 above, any person, firm or
corporation violating any such regulation, provision or amendment thereof or any
provision of this ORDINANCE may be sub.ect to the imposition, by order of the COUNTY
Court, of a civil penalty in an amount of not less than two -hundred and fifty dollars
($250.00) nor more than five -hundred dollars ($500.00:. It is within the discretion of the
County Attorney to determine whether to pursue the civil penalties set forth in this
Subsection, the remedies set forth above, or any combination of the three. Each day after
the issuance of the order of the COUNTY Court during which such unlawful activity
continues shall be deemed a separate VIOLATION and shall, in accordance with the
subsequent provisions of this Section, be the subject of a continuing penalty in an amount
not to exceed fifty dollars ($50.00) for each such day. Until paid, any civil penalty ordered
by the COUNTY Court and assessed under this Subsection shall, as of recording, be a
lien against the property on which the violation has been found to exist. In case the
assessment is not paid within thirty (30) days, it may be certified by the County Attorney to
the County Treasurer, who shall collect the assessment, together with a ten -percent
penalty for the cost of collection, in the same manner as other taxes are collected. The
laws of the State for assessment and collection of general taxes, including the laws for the
sale and redemption of property for taxes, shall apply to the collection of assessments
pursuant to this Subsection. Any lien placed against the property pursuant to this
Subsection shall be recorded with the County Clerk and Recorder.
B. In the event any BUILDING, or STRUCTURE is erected, constructed, reconstructed,
altered or USED, or any land is USED in VIOLATION of this ORDINANCE, the County
Attorney, in addition to other remedies provided by law, may commence a civil action in
County Court for the COUNTY, seeking the imposition of a civil penalty in accordance with
the provisions of this Section.
C. The Department of Public Works, through one (1) of its employees, shall, upon personal
information and belief that a VIOLATION of any regulation or provision of this
ORDINANCE, give written notice to the violator to correct such VIOLATION within ten '10)
days after the date of such notice. If the violator fails to correct the VIOLATION within such
ten-day period or within any extension period granted by the Department of Public Works,
the Department of Public Works may request that the County Sheriff or the County
Attorney issue a summons and complaint to the violator, stating the nature of the
VIOLATION with sufficient particularity to give notice of such charge to the violator.
PAGE 37
2013-2800
ORD2013-10
D. One (1; copy of the summons and complaint issued pursuant to Subsection C above
shall be served upon the violator in the manner provided by law for the service of a County
Court civil summons and complaint in accordance with the Colorado Rules of County
Court Civil Procedure. The summons and complaint shall also be filed with the Clerk of the
County Court and thereafter the action shall proceed in accordance with the Colorado
Rules of County Court Civil Procedure.
E If the County Court finds, by a preponderance of the evidence, that a VIOLATION of any
regulation or provision of this ORDINANCE has occurred, the Court shall order the violator
to pay a civil penalty in an amount allowed pursuant to Subsection A above. Such penalty
shall be payable immediately by the violator to the County Treasurer. In the event that the
alleged VIOLATION has been cured or otherwise removed at least five '5) days prior to
the appearance date in the summons, then the County Attorney shall so inform the Court
and request that the action be dismissed without fine or appearance of the defendant.
F. Upon the filing with the Court of a receipt issued by the County Treasurer showing
payment in full of a civil penalty assessed pursuant to this Section and upon the filing of an
affidavit of the Department of Public Works that the VIOLATION has been cured, removed
or corrected, the Court shall dismiss the action and issue a satisfaction in full of the
udgment so entered.
G. If a receipt showing full payment of the civil penalty or the affidavit required by Subsection
F above is not filed, the action shall continue and the Court shall retain jurisdiction to
impose an additional penalty against the violator in the amount specified in Subsection A
of this Section. Such additional penalty shall be imposed by the Court upon motion filed by
the COUNTY and proof that the VIOLATION has not been cured, removed or corrected.
Thereafter, the action shall continue the penalty and any additional penalties so assessed
and the filing of an affidavit of the Department of Public Works that the VIOLATION has
been cured, removed or corrected.
Sec. 8-13-330. Relationship to other ordinances.
The Department of Planning and Building shall withhold issuance of Building Permits if the
erection, construction, reconstruction, alteration, or USE of the property does not conform to
the terms set forth in this ORDINANCE.
PAGE 38
2013-2800
ORD2013-10
Repeal the following in its entirety:
CHAPTER 23
ARTICLE II
Procedures and Permits
Division 6
Flood Hazard Development Permit
Sec. 23 2-450. Intent.
The intent of the FLOOD HAZARD development permit is to ensure that proposed BUILDING
sites, DEVE_O2MEN—S anc S-RUC-URES wiici are to be ocatec within •ue FW (= oocway)
District and FP 1 and FP 2 (F-oodprone) Districts are safe from f ooding. (We c County
Codification Ordinance 2000 1)
Sec. 23-2-460. Applicability.
No building permit or mobile home permit shall be issued nor shall any BUILDING or
STRUCTURE wuicu requires a bui cing permit or mobi e come permit be erectec, constructer,
replaces or SUBSTANTIALLY MPROVED within the FW (FLOODWAY) District and FP ' ane
FP 2 (Floodprone) Districts until a FLOOD HAZARD Development Permit for such a BUILDING or
STRUCTURE las been approvee by tie Department of P anning Services. Any person fi ing an
app ication for a FLOOD I-AZARD Deve opment Permit for a STRUCTURE or MOBILE -OME is
required to comply witi tie procedures and application requirements isted in this Division. Any
person fi ing an app ication for a FLOOD HAZARD Deve opment Permit wuicu invo yes on y tie
ALTERAT ON OR RELOCAT ON OF A WATERCOURSE is requirec to comp y on y witi tie
application requirements listed in Section 23 2 490 below. Any BUILDING or STRUCTURE
which is to be located within the FLOODPLAIN, as defined by the Official Weld County Flood
Hazard Zoning Maps, is required to obtain a FLOOD HAZARD Development Permit in
accordance with this Division and Article V, Division 3 of this Chapter. This FLOOD HAZARD
Deve opment Permit sia be obtainee for a BU LD NGS or STRUCTURES which are to be
located within the FLOODPLAIN regardless of Building Permit requirements. (Weld County
Codification Ordinance 2000-1)
Sec. 23-2-470. Duties of Department of P
anning Services.
A. The Department of Planning Services shall review the FLOOD HAZARD Development
_.__l
governmenta agencies from wuic-u prior approva is requirec. Tie Department of P anning
Services sia review tie FLOOD -AZARD Deve opment Permit app-ication anc cetermine i' tie
app ication requirements of t uis Division lave been met by tie app icant. f tie app-ication is not
comp ete as requirec, tie app icant sia be notifiec of specific ceficiencies.
B. The Department of Planning Services may forward copies of the complete application -to
any group or agency wiose review anc comment are ceemec appropriate by tie Department of
Planning Services. Tie group or agency to wiom tie app ication is referrec sia review tie
app ication to cetermine comp lance of tie app ication wits any stancarcs of tie group or agency.
Tie ai ure of a group or agency to responc wit uin twenty eig it (28) cays sia be ceemec to be a
PAGE 39
2013-2800
ORD2013-10
STRUCTURES. For a
STRUCTURES:
favorable response to the Department of Planning Services. The reviews and comments
solicited by the COUNTY are intended to provide the Department of Planning Services with
information re asec -o tie propose° =_OOD -AZARD Deve opment Permit. The COUPCY may
consicer a suci reviews anc comments anc may so icit accitiona information if suci information
is aeemec necessary. Tie reviews anc comments submittec by a referra agency are
recommendations to the Department of Planning Services. The authority and responsibility for
ma-cing tie cecision to approve, approve subect to concitions or ceny tie F _OOD -AZARD
Development Permit application rests with the Department of Planning Services.
0
s
C. The Department of P
anning Services sha
he action taken on the = _OOD HAZARD Deve
is
notify
opmen
tie app
Permit.
icant within
orty five (45) days
D. In case of disapproval, the Department of Planning Services shall notify the applicant and
specrica y incicate -ie reasons for tie cecision.
E. n case of approva , ie Department o= 7 anning Services siall affix to tie appropria-e
- -I L---
-AZARD Deve opment Permit. -iis cer_rication of approva sia inc-uce -ie signature of the
Department of P anning Services autiorizec representa-ive, a ist o any concitions imposec as a
part of tie = _OOD -AZARD Deve opment aermi- approva anc one (') copy of tie information
submitted by the applicant as a part of the FLOOD HAZARD Development Permit application.
F. The Department of Planning Services shall obtain and record the actual elevation, in
IALLY IMPROVED
new, rep acemen. or SUBSTANT A_LY MROVED floodproofed
. Verify and record the actua
e
STRUCTURE has been floodproofed.
2. Maintain t
1-k
ie
e
evation and
G. Maintain for public inspection a
evation, in re
oocproofing certi
ation to mean sea
eve
to whic
i
t
ie
ications required in Chapter 29, Artic
records pertaining to the provisions of this Division.
e
H. When the BASE FLOOD WATER SURFACE ELEVATION data has not been provided in
accorcance witi Section 23 2 /90 C.5 be ow, tie Department of P anning Services may obtain,
review anc rcasonab y uti ize any BASE it-:_OOD WA -ER SL FACE E_EVA— ON cata avai ab e
from a feeera , state or otier source, as criteria -or reviewing tie F _OOD -AZARD Deve opment
Permit app ication. (We c County Cocification Ordnance 2000 ' , We c County Coae Ordinance
2001 1; Weld County Code Ordinance 2003 10)
Sec. 23-2 480. Standards.
Tie Department of P arming Services sial not issue a FLOOD -AZARD Deve opment
Permit un-i i- ias ceterminec - iat a app icab e stancarcs speci iec in his Subsection lave been
met by tie app icant. Any USE or DEVELOPMENT wild resu is on y in tie ALTERAT ON OR
RLOCAT ON OF A WATERCOURSE anc coes not require a bui cing permit neec on y meet tie
standards listed in Subsection I below.
PAGE 40
2013-2800
ORD2013-10
A. The applicant has met all applicable conditions listed in Section 23 5 250 or 23-5 260
of this Chapter.
B. If a STRUCTURE is to be ELEVATED in order to meet the floodproofing
requirements, the property owner shall certify that the LOWEST FLOOR is ELEVATED (for
existing STRUCTURES which are being SUBSTANTIALLY IMPROVED or replaced) or will
DATUM. The certificate sia inc uce tie e evation of tie grounc anc tie existing (for
SUBSTANTIALLY IMPROVED STRUCTURES) or proposed (for new STRUCTURES)
e evation of the owest f oor of tie STRUCTURE. Tie ground e evation anc e evation of tie
LOWEST FLOOR of any existing STRUCTURE sha be certified to be accurate by a licensed
surveyor or registered professional engineer.
be
C. or
ow tie
all new construction and SUBSTA'4 A
owest floor that are sub ect to flooding s
is
M
PROVEMEN
be designed
S, fully enclosed areas
to automatically equa
ize
Designs for meeting tiis requirement must either be certified by a registerec professional
engineer or arc iitect or must meet or exceec tie fo owing criteria:
. A minimum of two (2) openings laving a tota net arca of not ess tian one (' )
square inch for every square foot of enclosed area subject to flooding shall be provided.
2. The bottom of all openings shall be no higher than one (1) foot above grade.
3. Openings may be equipped with screens, louvers or other coverings or devices,
provicec tiat tney permit tie automatic entry anc exit of f ooewaters.
D. A registered professional engineer shall certify that all STRUCTURES which are not
ELEVATED in orcer to be FLOODPROOFED are cesignec so tie STRUCTURE is
WA —ER— G - — be ow -le e evae.on o= -tie REGU LACO RY 7-OOD DA —UN/ anc :la: -.le
STRUCTURES arc designed to be capable of resisting the hydrostatic and hydrodynamic
forces expected at the BUILDING site during an INTERMEDIATE REGIONAL FLOOD. The
certification shall include the elevation above Mean Sea Level of the REGULATORY FLOOD
DATUM at the BUILDING site and the proposed elevation of the lowest floor of the
STRUCTURE.
`. A
rranufac₹ured homes or
lose
ow
shall conform to the following requirements:
i
SUBSTAN
WROVEMENT is made
1 -
of a manufacturec iome par< or subcivision, (ii) in a new manufacturec iome par< or
subcivision, (iii) in an expansion to an existing manufacturec iome par< or subcivision, or
(iv) in an existing manufactured home park or subdivision on which a manufactured home
ias require° SUBSTA\T AL N'PROVEMENT as tie resu t of a f ooc, sia be requirec
to be elevated on a permanent founcation or an acequate y anciorec founcation system
such that the lowest floor of the manufactured home is elevated to the level of, or above,
the REGULATORY FLOOD DATUM and is securely anchored to an adequately
anchored foundation system to resist flotation, collapse and lateral movement.
2. Manufactured homes to be placed or substantially improved on sites in existing
manufactured home parks or subdivisi-o-n-s that ace not subject to the provisions in
PAGE 41
2013-2800
ORD2013-10
Subparagraph 1 above shall be elevated so that the lowest floor of the manufactured
home is built to the level, or above, the regulatory flood datum.
meet the permit requirements and elevation and anchoring requirements for Manufactured
Homes.
G. A registered professiona engineer siall certify teat all new or replacement domestic
water we s or water supp y, treatment or storage systems are cesignec to prevent inuncation
or infiltration of f oocwater into suci system by an NTERN/ED ATE REG ONAL FLOOD.
H A registere
professiona
engineer s
is
certify that al
new or rep
acemcnt sanitary
INTERMEDIATE REGIONAL FLOOD.
registered professional engineer shall certify that the proposed USE or STRUCTURE, when
bui t, wi not cause any increase in f oocwater eve s curing an NTERMED ATE REGIONAL
FLOOD.
J. No encroachments, including fill, NEW CONSTRUCTION, replacement of existing
structures, SUBSTANT AL MPROVEMENTS anc other Deve opment sia be permitted
unless certification by a registered professional engineer or architect is provided
ccmonstrating hat encroac iments s la not resu tin any increase in f ooc eves curing the
occurrence o- an INT=RV =D A—= REGIONAL =_OOD.
K.
f=
professiona
erosiona
LL material is to be usec in tie FP or FP 2 (= oocprone) Districts, a registered
engineer shall certify hat tie FILL materia is designec to witistanc tie
:orces associated with an
N
ERMEDIA REG ONAL =_OOJ.
L. Any USE or DEVELOPMENT wiici causes or resu is in an ALTERAT ON OR
RELOCATION OF A WATER COURSE shall comply with the requirements listed below. If
the USE or DEVELOPMENT does not include any new construction or SUBSTANTIAL
IMPROVEMENT of STRUCTURES and it only includes the ALTERATION OR
RELOCATION OF A WATERCOURSE, compliance with the following standards is the only
requirement which needs to be met before the Department of Planning Services may issue a
ooc -azarc Deve opment -Permit. — ie app icant sia provice evieence hat:
1. Municipalities within a three-mile radius of the proposed ALTERATION or
RELOCATION have been notified in writing of the proposed ALTERATION or
RELOCATION.
2. The Colorado Water Conservation Board has been notified in writing of the
proposed ALTERATION or RELOCATION.
3. T
Agency
�e nsurance anc Mitigation Division of tie Federa Emergency Management
has been notified in writing of the propose e ALTERAT ON or RELOCATION.
PAGE 42
2013-2800
ORD2013-10
4. A registered professional engineer shall certify that the flood carrying capacity
within tie ALTERED or RELOCATED portion of the WATERCOURSE will remain the
same after tie AL —ERA— ON or RELOCA— ON as existec prior to tie AL—ERAT ON or
RELOCAT ON. Tie certification sia a so provice evicence wiici substantiates hat
the ALTERATION or RELOCATION shall not adversely affect landowners upstream or
downstream from the ALTERATION or RELOCATION. (Weld County Codification
Ordinance 2000 1)
Sec. 23-2-490. Application requirements.
FLOOD -- AZARD Deve opment Permit app ications submittec for review s is inc uce tie
following information. Applications containing ess t pan tie specifies requirements sia not be
accepted for review unless the applicant has submitted to, and had approved by, the Department
of P anning Services written justification as to why a particular requirement does not pertain to tie
proposed development.
A. A flood hazard development permit application form provided by the Department of
Planning Services.
B. An explanation of how the standards of Section 23 2 480 above have been or will be
met.
C. Tie app icant sia provice a map, crawn anc certifies by a registered professiona.
engineer, which accurately displays the following information.
1. The name and address of the property owner.
2. A lega
property.
cescription whic
3. Scale and north arrow.
describes the Section, Township and Range of t
e
41. Topography map at tie bui cing site, inc -using: a map (pot pan) drawn to an
appropriate scale at 1" - 20';" - 40'; location of known encumbrances and spot
elevations for the site near all existing and proposed structures.
5. WATER SURFACE
the BUILDING site.
awn
EVA
ONS o
ie
N
ERM
D
A
REG
ONA
LOOD a
6. Boundaries of the FP 1, FP 2 (Floodprone) or FW (Floodway) Districts on the
property. Tie bouncary of tie FW (Floocway) District need be siown on y if tie
in=orma'.ion is avai ab e on tie O-icia We c County =_OOD -AZARD Zoning Maps.
7. A pot p an wiici slows tie ocation, s -ape, exterior cimensions anc cistance from
LOT or property lines of each existing or proposed STRUCTURE.
8. Proposed vehicular access to the property.
9.Any F
_L, storage o
materia
s anc crainage
PAGE 43
aci
ities
ocated on the property.
2013-2800
ORD2013-10
10. Any other relevant information which may be required by the Department of
Planning Services.
D. Copy of t
le ceec or
ega
instrument identifying the app
icant's interest in the property.
E. A f ooc iazarc ceve opment permit certification. An accitiona as bui t f ooc iazarc
ceve opment permit certification wi be requirec prior to receiving a certificate of occupancy
or final building permit approval for the structure.
F. An elevation drawing de ineatec wit-i tie appropriate arciitectura sca e, wild dear y
depicts the elevation of the LOWEST FLOOR of the structure in relation to the
REGULATORY FLOOD DATUM.
G. f an app ication does not inc-uce tie construction, rep acement or SUBSTANIT AL
IMPROVEMENT of any STRUCTURES but it does include the ALTERATION OR
RELOCATION OF A WATERCOURSE, the applicant need only substantiate that the
standards specified in Section 23 2 180 I above have been met.
H. Any other relevant information which may be required by the Department of Planning
Services. (Weld County Codification Ordinance 2000 1; Weld County Code Ordinance
2003 10)
Repeal the following in its entirety:
Chapter 23 Zoning
Division 3
Flood Hazard Overlay District
Sec. 23-5-200. Finding of fact.
Tie FLOOD -AZARD AREAS of tie County are sub ect to periocic inuncation wiici resu is
in lea t-i anc safety iazares, oss of ife anc property, cisruption of commerce anc govcrnmenta
services, extraorcinary pub is expencitures for = ooc protection anc re ief, ano impairment of the
tax base, a of wiici aeverse y affect tie pub ic lea ti, safety anc genera we fare of tie
residents of the COUNTY. These flood losses are caused by the cumulative effect of
obs-ruc-ions in =_OOD -AZARD AREAS wiici incr ...e z ooc ieig its anc ve oci-ies ano
damage USES in other areas. USES that are inadequately FLOODPROOFED, ELEVATED or
otherwise protected from flood damage also contribute to flood losses.
Sec. 23 5 210. Purpose.
A. The purpose and intent of t
1. Protect human life.
iese
FLOODPLA
N regu
ations s
is
be to:
2. Minimize then r rr i -1- I11 -_...-I t4
lave iistorica y been uncerta<en at tie expense of tie genera pub ic.
3. Insure that t
their actions.
lose who occupy FLOOD
PAGE 44
AZARD AREAS assume responsibi
ity for
2013-2800
ORD2013-10
Minimize expenditure of pub
is money for cost
5. Minimize prolonged business interruptions.
y
f
ooc contro
projects.
6. Minimize damage to public faci ities anc uti ities suci as water and gas mains, electric,
telephone and sewer ines, STREETS anc bricges ocatec in FLOOD HAZARD AREAS.
O
7. Promote the public health, safety and general welfare.
8. Help maintain a stable tax base by providing for the sound USE and DEVELOPMENT
AREAS O- SPEC AL 7_OOO -AZARD so as -o minimize uture 7_OOD b ig it areas.
9. Ensure that potential buyers are notified that property is in an AREA OF SPECIAL
FLOOD HAZARD.
B
n orcer to accomp
ish its purposes
this Chapter inc
' . Restricting or proiibiting USES w
cue -o wa:er or erosion iazarcs, or w
FLOOD heights or velocities.
iic
rich
are
resu
uces methods and provisions for:
cangerous to health, safety and property
in damaging increases in erosion or in
2. Requiring teat USES vu nerab e to FLOODS, inc ucing faci ities wiici serve such
USES, be protectec against FLOOD camage at tie time of initia construction.
3. Controlling the alteration of natural FLOODPLAINS, stream channels and natural
protective barriers, wiici ie p accommocate or cianne FLOOD waters.
/1. Controlling filling, grading, dredging and other DEVELOPMENT which may increa.c
FLOOD damage.
c
5. Preventing or regulating the construction of FLOOD barriers which will unnaturally
ivert F_OOD waters or wiici may increase F_OOD iazarcs in otter areas.
Sec. 23-5-220. Disclaimer of liability.
The degree of FLOOD protection required by this regulation is considered reasonable for
regulatory purposes and is based on scichntic and engineering considerations. FLOODS larger
:-Ian -le N-ERVED A -E REG ONA_ =_OOD can and w. occ•r on rare occas.ons. =_OOD
heights may be increased by man made or natural causes. Nothing in these regulations shall be
construed to mean that land outside the FLOOD HAZARD AREAS or USES permitted within such
areas wi be -ree 'tom 7_OOD NG or 7_OOD camages. _ his regu ation s la not create iabi ity
on tie part of tie COUNTY, any officer or emp oyee thereof or tie nsurance anc Mitigation
Division of tie Fecera Emergency Management Agency for any f ooc camages hat resu t from
reliance on this regulation or any administrative decision lawfully made thereunder
Sec. 23 5 230. Definition of Flood Hazard Overlay Districts.
There are hereby established in the COUNTY two (2) FLOOD HAZARD OVERLAY
DISTRICTS. These distcices are re=errec :o as :le =_OODWAY anc = oocprone Dis:ric-s. The
FLOODWAY District includes one (' ) zone cis:ric: c assilcation wiici sia be re'errec -o as the
FW (FLOODWAY) District. The Floodprone Di -strict contains two (2) zone district classifications.
PAGE 45
2013-2800
ORD2013-10
One (1) zone district shall be referred to as the FP 1 (Floodprone) District and the other shall be
referred to as the FP 2 (Floodprone) District.
0
of
A. The FW (FLOODWAY) District includes land which is within the high HAZARD AREA
an V.-ERN/ED AE REG ONA_ .LOODD_A N. —iis inc uces -ie C -ANNE_ oa river or
ier WATERCOURSE anc the ADCACENT anc areas require° to carry anc eisciarge tie
Officia We c County Fooc -azarc Over ay District Zoning Maps. These maps were
developed using the Flood Insurance Study for Weld County, revised September 22, 1999,
prepare° by the Federal Emergency Management Agency. Tie Official We c County F ooc
-azarc Overlay District Zoning Maps corresponc to tie F ooc Insurance Rate Maps inc-uded
in the Flood Insurance Study for Weld County.
B. The Floodprone District includes all the land within the INTERMEDIATE REGIONAL
FLOODPLA N wiici is outsice of tie cesignatec FW (FLOODWAY) District on tie Official
Weld County Flood Hazard Overlay District Zoning Maps. The Floodprone District is a lower
hazard area which serves primarily as a STORAGE AREA for the floodwaters of an
NTERNED ATE REG ONA_ FLOOD. Tie F oocprone District zone c aseifications FP '
anc FP 2 are s iown on tie Officia We c County F ooc - azarc Over ay District Zoning Maps.
These maps were developed using the Flood Insurance Study for Weld County, revised
September 22, 1999, prepared by the Federal Emergency Management Agency. The
Officia We c County F ooc -azarc Over ay District Zoning Maps corresponc to the Flood
Insurance Rate Maps included in the Flood Insurance Study for Weld County.
' . Tie FP ' (F ooc prone) District as siown on tie Official We e County F ooc - azarc
Over ay District Zoning Maps corresponcs to Zone A (Approximate) on tie Federa
nsurance Aeministration's F ooc nsurance Rate Maps. Tie FP ' District inc uces tie
approximate area of the ONE HUNDRED YEAR FLOODPLAIN where the BASE
FLOOD WATER SURFACE ELEVATIONS and other FLOOD hazard factors have not
been determined.
2. Tie FP -2 (F oodprone) District as siown on tie Officia We e County F 000 -azarc
Over ay District Zoning Maps corresponcs to Zones AO tirougi A30 on tie Feceral
nsurance Acministration's F ooc Bouncary anc F oocway Maps anc tie F ooc nsurance
Rate Maps. Tie AO zone is ceecribee as an area of tie ONE UNDRED YEAR
FLOODPLAIN where shallow FLOODING may occur. Zones Al through A30 are
described as areas of the ONE -HUNDRED -YEAR FLOODPLAIN where BASE FLOOD
WATER SURFACE ELEVATIONS are shown and FLOOD hazard factors have been
ceterminee. (We c County Coci=ica.ion Ordnance 2000 a)
Sec. 23-5-240. Interpretation and application.
A. The REGULATORY FLOOD DATUM in the FP 2 and FW Districts shall be determined by
acting one (' ) foot to tie WATER SURFACE ELEVAT ONS or FLOOD WATER DEPT- figures
as shown on the Official Flood Hazard Overlay District Zoning Maps. The REGULATORY
FLOOD DATUM in tie FP ' District sia be ceterminec by acting one (' ) foot to tie WATER
SURFACE ELEVAT ONS or F _OOD WATER DEPT- figures ceterminec as a resut of a
FLOODPLA N stucy concuctec uneer tie requirements of tiis Ciapter.
PAGE 46
2013-2800
ORD2013-10
B. Nothing in these regu
azare Development Permi
ations sha be construed as exempting an app
rom any otier County regulatory requirements.
ican
for a Flood
C. The LOWEST FLOOR elevation of STRUCTURES without a BASEMENT shall be
considered to be the elevation, above mean sea level, of the top of the foundation of the
S—RLClU RE. The _OWES— =_OOR e eva-:or o= S—RJC_v RES w.-~ a 3AS EVE \— s -a be
considered to be the elevation, above mean sea level, of the floor of the BASEMENT of the
STRUCTURE. (Weld County Code Ordinance 2003 10)
Sec. 23-5-250. FW (Floodway) District.
A. T
waters w
tic
FW(F
oocway) District is an extreme
1 carry debris, potentia
project'
y hazardous area due to t
es anc erosion -potential.
�e ve
ocity of FLOOD
B. No development shall occur in the Floodway District with the exception of
F _OODPROOFED agricu tura exempt bui cings. Agricu tura exempt bui cings are refined in
Ciapter 29. (Wee County Cocification Ordnance 2000-'; Wee County Coce Orcinance
2001 1)
Sec. 23-5-260. Uses permitted in FP -1 and FP -2 (Floodprone) Districts.
USES istec as a owec by rigor, ACCESSORY USES and Uses by Specia Review in the
UNDER_Y NG ZON NG D S —R C— may be permitted in the =a ' and I 2 (l-loodprone) Districts
subject to the following conditions:
A. USES a
DISTRICT.
owec s
con
orm to
he requirements o
le UNDERLY
NG ZON
NG
r- -t- I --f L---- rll 1---�- ; -I-- I-- --t-- ------- -- -4-' - -
per-mit or mobi e come permit sia , in acci-ion, obtain a = ooc -azarc Development Permit.
Any USE which results in an ALTERATION OR RELOCATION OF A WATERCOURSE
within the FP 1 and FP 2 (Floodprone) Districts shall apply for and receive approval of a
Flood Hazard Development Permit.
C. All new construction, rep acement or SUBS —AR— AL IMPROVEMENT o DWE__ 'lG
UNITS shall have the LOWEST FLOOR, including the BASEMENT floor, ELEVATED to or
above the REGULATORY FLOOD DATUM. NEW CONSTRUCTION, replacement or
SUBSTAN- A_ VROVEVEN- o' S-RJC RES osier :tar D
FLOODPROOFED either by ELEVATING the STRUCTURE or by making the STRUCTURE
WA —ER— G- be ow :-e REGLATORY 7_OOD DAT..V
D. STRUCTURES which are designed to be WATERTIGHT below the level of the
REGULATORY FLOOD DATUM shall be designed and built to be capable of resisting the
hydrostatic and hydrodynamic forces expected at the BUILDING site during an
INTERMEDIATE REGIONAL FLOOD.
E. All new or replacement domestic water wells or water supply storage, treatment and
distribution systems shall be designed and built to prevent inundation or infiltration of
floodwater into such sy�tems by an INTERMEDIATE REGIONAL FLOOD.
PAGE 47
2013-2800
ORD2013-10
F. All new or replacement sanitary sewer treatment systems, including individual sewage
disposal systems, shall be designed and built to prevent inundation or infiltration of
floodwater into such systems and to prevent discharges from such systems into the
oocwa:ers o/ an UTERMED A —E REGIONAL =_OOD.
G. For all NEW CONSTRUCTION, replacement of existing structures and
SUBSTANT AL N/PROVEMENTS, fu y enc-osec areas be ow tie LOWEST FLOOR tiat are
exterior wa s by a owing for he entry anc exit of f oodwaters. Designs for meeting his
requirement must be certified by either a registered professional engineer or architect and
must meet or exceed the fo owing minimum criteria: A minimum of two (2) openings'laving
a tota net area of not -ess tian one (') square inc•i for every one (') square foot of enc-osed
area subject to flooding shall be provided. The bottom of all openings shall be no higher
tian one (') foot above grace. Openings may be equipper wit, screens, louvers or other
coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
k E ectrica , •'eating, venti ation, p umbing anc air-concitioning equipment an otter
service faci ities sia be cesignee anc/or ocatec so as to prevent water from entering or
accumu ating within tie components curing concitions off oocing.
I. All NEW CONSTRUCT
constructed with materia s anc
J. A
MPROVEM
damage.
M
S
uti
ON
and SUBSTANTIAL IMPROVEVEN
y equipment resistant to FLOOD damage.
NEW CONSTRUCTION, rep
S shall be
acement of existing structures anc SUBSTANTIAL
ENTS shall be constructer using met rocs anc practices hat minimize FLOOD
K. A NEW CONSTRUCT ON, rep acement of existing structures and SUBSTANT AL
PROVENEN-S sia be anciorec to prevent ° otation, co apse or lateral movement of the
RUCTURE anc to wi-istanc iycrocynamic oacs.
L. All MANUFACTURED HOMES shall be elevated and anchored to -resist flotation,
collapse or lateral movement. MANUFACTURED HOMES shall be anchored in accordance
with Subsection 29 2 110.B of this Code.
A/ A MOB _E r- OMES s la be a eva•ec anc anciorec -o resis = ota-ion, co apse or
lateral movement. MOBILE HOMES shall be anchored in accordance with Subsection
29 2 110.B of this Code.
N. All OIL AND GAS PRODUCTION FACILITIES shall be anchored to resist flotation,
co apse or atera movement. Tie met ioc of anc coring sia be approves by tie Bui cing
Official.
O. All NEW CONSTRUCTION, replacement of existing structures and SUBSTANTIAL
IMPROVEMENTS within any AO Zone shall have the LOWEST FLOOR, including the
BASEMENT floor or MOBILE HOME PAD, ELEVATED to or above the REGULATORY
FLOOD DATUM.
P. Acequate cra-inage pat is are requiree arounc structures on s opes to guice f ooc
waters around and away from proposed structures in any AO Zone. (Weld County
Coci=ication Orcinance 2000-' ; We c County Coce Orcinance 2003 ' 0)
PAGE 48
2013-2800
ORD2013-10
Amend Sec. 23-6-10. Powers and duties.
A and B - No change.
C. The Board of Adjustment has the power to hear and decide appeals for variance from the
terms of this Chapter or Chapters 26 and 27 of this Code as Chapters 26 and 27 are applied to
individual LOTS or parcels. Appeals for variance may be brought to the Board of Adjustment
when, because of special conditions relating to the subject land, a literal enforcement of the
provisions of this Chapter and Chapters 26 and 27 of this Code would result in unnecessary
hardship to the appellant.
1 through 6 - No change.
7. No variance in any Flood Hazard
requested variance would be increased f
FLOOD.
Remainder of Section - No change.
Delete Sec. 23-6-50. Appeals for variance within Flood Hazard Overlay District.
be issued if the resu
Over ay District sha
ooc evels during an
t
NTERMEDIATE REG
of the
ONAL
APPEALS to the Board of Adjustment brought pursuant to Subsection 23 6 10.C shall be
made and processed as set forth below:
A. App ication Requirements: APPEALS for VAR ANCE in tie app ication of specific
terms or requirements in this Chapter shall be made in written form according to the
following:
An application for APPEAL for VAR
by the Department of Planning Services.
ANCE on the form as prescribed anc furnis
iec
2. A plot plan showing tie ocation of existing features, suci as STRUCTURES,
fences, streams, SUB_ C or private rig its o= way, STREETS or accesses. The -plot
plan shall include the location and dimensions of all existing and proposed
STRUCTURES; elevations of the area in question; and any fill, storage of materials and
drainage facilities.
3. A copy of a deed, purchase contract or other legal instrument indicating that the
applicant has an interest in the property. The deed, purchase contract or legal
instrument should include a complete and accurate legal description of the property.
/1. A statement tiat remonstrates low tie canger of materia
lands causing injury to others will be minimized or mitigated.
s being swept into of
-er
5. A statement that dernonstrates how -the -danger to life and property due to flooding
or erosion damage will be minimized or mitigated.
--l---.- ---4- _s
e--individ----�--...-- --..._
be minimized or mitigated.
PAGE 49
2013-2800
ORD2013-10
7. Evidence that demonstrates the importance of the services provided by the
proposed facility to the community, where applicable.
8. Evidence t
mat demonstrates the necessity to
where applicable.
le faci
ity of a waterfront
ocation,
9. Evidence that demonstrates tie availability oalternative locations for the proposed
USE, which are not subject to flooding or erosion damage, were investigates.
10.A statement that demonstrates the compatibi
existing and anticipated development.
.A statement t
of this Code and
hat demons
_OODPLA N
ra
es the relations
ity o
nip o
management program for
2.A statement that demonstrates the sa
FLOOD for ordinary and emergency vehicles.
ety o
t
�e proposec
le proposec
the area
USE wit
use to C
nap
1
t
ie
er 22
access to the property at times of
13. Evidence that demonstrates what the expected heights, velocity, duration, rate of
rise anc transport of tie FLOOD waters anc tie effects of wave action, if app icab e,
expected at the site will be.
14.A statement that demonstrates how the costs of providing governmental services
curing anc after FLOOD concitions, inc ucing maintenance an repair o= PUB_ C uti ities
and facilities such as sewer, gas, e
be minimized or mitigated.
ectrica
anc water systems, streets and bridges, wi
15. Evidence that demonstrates that the VARIANCE requested is the minimum
VARIANCE necessary, considering the FLOOD hazard, to afford relief.
16.A certified ist of tie names, acecesses anc corresponding Parcel Identification
Number assignec by tie County Assessor of tie owners of tie property (tie surface
estate) within five iun&rec (500) feet of tie property subect to tie app ication. Tie
source of suc n ist shall be t
from a tit e or abstract company or attorney, c
recores o' :ie County Clerk and Recorder. If the
tie County Assessor, tie app icant sia certify t
(30) days of the application submission date.
ne recorcs of tie County Assessor, or an ownership upc
erivec from suci recorcs or from
is- was assemb ec rom -ie recorc
iat suc
ist was assembled wit
'7.Any Any of ler information ceterminec to be necessary by t
wi aic tie Boarc of Adjustment in ma-cing a cecision wiici
purpose of this Chapter.
B. Duties of the Department of Planning Services.
ie
wi
ate
tie
s o=
hin thirty
Board of Adjustment that
not impair the intent and
The Department of Panning Services sia review tie app ication anc cetermine
that it is complete before sciecu ing consiceration of tie APPEAL for variance by tie
Board of Adjustment.
2. The Department of P anning Services s la arrange for pub ication of notice of tie
public hearing to be held by the Board of Adjustment once in the newspaper designated
PAGE 50
2013-2800
ORD2013-10
by the Board of County Commissioners for publication of legal notices. The date --of
publication shall be at least ten (10) days prior to the scheduled hearing.
3. Tie Department of Panning Services sia mai , by first c ass, ten (' 0) days prior to
tie sciecu ec iearing, a notice of tie pub is -tearing to tie owners of tie surface estate
ocatec within five iuncrec (500) feet to tie parce uncer consiceration or tie
VAR ANCE. Tie Department's source of tie owners sip information siall be the
app ication or VAR A ZCE submittec by tie appe ant.
4. Tie Department of Panning Services sia review tie app ication for consiceration
of the APPEAL and shall prepare comments for USE by the Board of Adjustment,
addressing all aspects of the APPEAL, its conformance with sound land USE planning
practices, tie effect of granting or cenying tie APPEAL for variance anc its conformance
wits Ciapter 22 of tiis Co anc MASTER PLANS of affectec municipa ities.
5. The Department of Planning Services shall maintain the records of all APPEAL
actions, inc ucing tecinica information, anc report any VAR ANCES to tie Feceral
Emergency Management Agency:
6. Tie Department of P anning Services sia give written notice to any appe ant to
whom a Variance is grantee tiat tie structure wi be permittec to be bui t wit i a LOWEST
FLOOR E-LEVAT4ON 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.
C. Duties of the Board of Adjustment.
' . Tie Board of Adjustments call hole a pubic iearing to consider tie APPEAL. Tie
Boarc sia ma<e *:s cec*s.on basec on a :ecinical evaluations, a re evan: 'ac ors,
stancarcs specifiec in Paragrapi 2 be ow, anc in other sections of tiis Cnapter, any
information presentee at tie pub ic iearing anc its interpretation of Ciapter 23 of tnis
Code. The concurring vote of three (3) members of the Board of Adjustment shall be
necessary in order to -decide in favor of the appellant on any APPEAL for VARIANCE of
the terms of this Chapter within the Flood Hazard Overlay District.
2. An APPEAL for VARIANCE of the terms of this Chapter within the Flood Hazard
Over ay District s la not be grantec unti and unless tie Boarc of Ad ustment las founc
and determined that:
a A showing of good anc sufficient cause has been demonstrated by t
appellant.
b. Fai ure to grant the VAR
appellant.
ANCE wou
c
resu
t in exceptiona
iarcship to t
ie
ie
c. The granting of a VARIANCE will not result in increased FLOOD heights,
accitiona tireats to pub is safety or extraoroinary pub ic expense, create nuisances,
cause frauc on or victimization o- tie pub ic, or conf ict witi existing oca aws or
ordinances.
PAGE 51
2013-2800
ORD2013-10
d. The reasons set -forth in the application and testimony justify -the granting of the
VAR RACE, anc :ie VARIANCE *s : ie rr'r *mm VARIA\CE necessary, considering
the FLOOD hazard, to afford relief.
e. The granting of the VARIANCE may be for NEW CONSTRUCTION and
SUBS -AN- A_ M'ROVEMEFCS :o be erec-ec on a _OT o' one is - (1/2) acre or ess
in size contiguous to and surrounded by LOTS with existing STRUCTURES
constructer be ow tie base eve , provieec tiat tie materia requiree in Paragrapis
A.4 through A.15 above has been fully considered. As the LOT size increases
beyond one half (%) acre, the technical justifications required for issuing the
VARIANCE will increase.
f. VAR ANCES may be granter for tie reconstruction, renabi itation or restoration
of structures istec on tie Nationa Register of - istoric P aces or tie State nventory of
oric P aces, wit lout regarc to tie procecures set orti in Subsection A above.
g. The granting of the VARIANCE wi not resu
an INTERMEDIATE REGIONAL FLOOD.
t in incrga-sed FLOOD
eve
s curing
•4. Tie granting of tie VAR ANCE wi be in -armony wit i tie purpose anc intent of
this Chapter, and will not be injurious to the NEIGHBORHOOD or otherwise
detrimental to the public health, safety or welfare.
CHAPTER 30
Sewage Systems
Amend Sec. 30-1-30. Definitions, as follows:
The following definitions shall apply in the interpretation and enforcement of this Chapter.
The word shall, as used herein, indicates a mandatory requirement.
Floodway means that area of the floodplain in which the channel of the watercourse and
those portions of the adjoining floodplain which must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than one (1) foot one-half
foot ,6 inches) at any point or as designated by the Federal Emergency Management Agency or
National Flood Insurance Program. In the absence of FEMA/NFIP maps, a Colorado -registered
professional engineer shall certify the floodway elevation and location.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections,
and subsections in said Code.
PAGE 52
2013-2800
ORD2013-10
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2013-10 was, on motion duly made and
seconded, adopted by the following vote on the 6th day of November, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the Board
Douglas Rademacher, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Mike Freeman
County Attorney
Barbara Kirkmeyer
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
October 2, 2013
October 9, 2013, in the Greeley Tribune
October 21, 2013
October 23, 2013, in the Greeley Tribune
November 6, 2013
November 11, 2013, in the Greeley Tribune
Effective: November 16, 2013
PAGE 53
2013-2800
ORD2013-10
Hello