HomeMy WebLinkAboutBocc Packet 12182013 LUC Amendments to FloodplainMEMORANDUM
TO: Pitkin County Board of County Commissioners
FROM: Susan Pearson, Zoning Officer, Engineering, Certified Floodplain Manager (CFM)
RE: State Mandated Land Use Code Amendments to Floodplain Hazards
DATE: December 18, 2013 — Second Reading Public Hearing
SUMMARY: In late 2010, the State of Colorado adopted revised Rules and Regulations for Floodplains in
Colorado (Rules), effective January 14, 2011. The Rules provide higher floodplain management standards
that will help our community to reduce the risks to people and property caused by flooding. A three-year
transition period was provided and Pitkin County has until January 14, 2014 to adopt floodplain regulations
consistent with the Rules.
Pitkin County participates in the National Flood Insurance Program (NFIP). The NFIP allows residents
within Pitkin County to purchase NFIP flood insurance to protect their homes and property. To remain
eligible to participate in the NFIP, Pitkin County must adopt and enforce floodplain management regulations
that meet or exceed the minimum NFIP standards as well as any more restrictive State requirements.
Additionally, in order for Pitkin County to remain in good standing in the NFIP and eligible for certain grant
funding through the Colorado Water Conservation Board (CWCB), the Rules should be enacted in a Iegally
enforceable document by January 14, 2014.
The Colorado Water Conservation Board prepared a Colorado Floodplain Damage Prevention Ordinance
to use as a model ordinance. Pitkin County Community Development has drafted amendments to the
Pitkin County floodplain regulations, using the content of the model ordinance, to meet the State's new
standards. The updated regulations will retain the format of Pitkin County Land Use Code, Title 8. The
draft amendments have been reviewed by the Colorado Water Conservation Board staff and found to be
satisfactory.
PROCESS: This is a second reading and public hearing of the proposed amendments. The Board of County
Commissioners approved the amendments on first reading on December 4, 2013. The Planning and Zoning
Commission recommended approval on December 10, 2013 by a vote of 6 — 0.
Staff is proposing to amend the following Sections:
Chapter 7
• Section 7-20-40: Floodplain Hazards
• Section 7-20-50: Geological Hazards
• Section 7-20-80: River and Stream Corridors and Wetlands
Chapter I1
• Section 11-10: Definitions
The entirety of 7-20-40, Floodplain Hazards has been revised.
L00041 c ?
•
The most significant change to 7-20-40 is the result of the State adopting more rigorous criteria for defining
and delineating a floodway (the most hazardous portion of a floodplain). The State previously defined a
floodway as the river channel and adjacent land areas that must be reserved in order to discharge the
100-year flood without increasing the water surface elevation more than 1 foot. The more stringent criteria
now reduces the water surface elevation increase to only 0.5 feet. This change will not affect administration
of Pitkin County's regulations. Pitkin County has prohibited development in the floodplain, and floodway
except for some limited areas in Redstone and Lazy Glen. These areas are not greatly affected by the
"floodway"
Another significant change within the State's new regulations is identification of certain "critical facilities"
and new floodplain management criteria for these facilities that are more stringent than those for other
structures. In general, critical facilities are those that provide essential services, such as those that house
hazardous materials, those that serve at -risk populations, and those that are vital to restoring normal services
after a disaster. For new construction or substantial improvements to facilities that meet the definition
of "critical", the facilities will need to be either constructed outside of the floodplain or elevated at least two
feet above the 100- year flood elevation (one foot above the flood elevation is standard for other structures.)
There are other, less substantive, changes to the floodplain regulations that are needed to bring us into
compliance with the State's standards but will not have a major effect on how Pitkin County manages
floodplains and development in the floodplain.
Section 7-20-50, which addresses Geological Hazards, contains minor revisions for Alluvial Fans and Areas
of Shallow Flooding.
New language has been added to Section 7-20-80, which addresses River and Stream Corridors and
Wetlands. The additional wording adds a notification process, wherein CWCB, FEMA and the immediate
community will be notified of any work within a River or Stream Channel.
The Definitions Section, Chapter 11, has been expanded considerably to include state required definitions of
floodplain management terms that aren't defined in the current regulations. Some of the existing definitions
have also been updated.
CODE AMENDMENT RECOMMENDATION: Staff recommends that the BOCC adopt a motion
to approve the proposed Code amendments on 1st Reading and set 2nd Reading and public Hearing for
December 18, 2013.
ATTACHMENT:
A. CWCB letter
B. Existing Floodplain Regulations
C. Floodplain Ordinance
D. New Floodplain Regulations
000002
ATTACHMENT A
STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1580 Logan Street, Suite 600
Denver, Colorado 8O203
Phone (303t866-3441
Fax (303)804-257x
wv.w cwcb state.co.trs
Jan
uary
16,
201
3
Dear Chief Elected
Official,
John W tlickcnlooper
Governor
Mike King
DNR Executive Director
Jennifer L. Gimbel
CWCB Director
The Colorado Water Conservation Board (CWCB) would like for you to be aware of some very important
information related to your community's floodplain ordinance and related National Flood Insurance Program
(NFIP) issues. In late 2010, the Colorado Water Conservation Board (CWCB) adopted revised Rules and
Regulations for Floodplains in Colorado (Rules), effective January 14, 2011. The Rules
provide higher floodplain management standards that will help your community to reduce the risks to
people and property caused by flooding. A three-year transition period was provided and all Colorado
communities have until January 14, 2014 to adopt floodplain regulations consistent with the Rules.
The Federal Emergency Management Agency (FEMA) is already aware of this requirement and will work
closely with the CWCB on this matter as appropriate. It is essential for you to know that a community's failure
to adopt updated floodplain regulations consistent with the Rules, as well as any updates necessary to bring
local regulations into compliance with minimum National Flood Insurance Program (NF1P) criteria, will lead
to serious sanctions. 1 assure you that CWCB staff is eager to assist your community as needed to help with
compliance questions and a smooth adoption process. There is no cost to you for technical assistance.
For clarification purposes, and depending on your community's current floodplain regulations and status
in the NFIP, non-compliance with the Rules may result in either NFIP suspension or probation and a
reclassification under the Community Rating System (CRS) if applicable. Availability of certain CWCB
flood and watershed grant funding would he at risk as well.
In the interest of framing the issue and providing enough detail for your consideration and decision making
purposes, some specific examples might be helpful. if a community is placed on NFIP probation, a $50
surcharge would be placed on flood insurance policies. The community would then need to correct the
identified deficiencies, including adopting the Rules, or he subject to NFIP suspension. In addition, a
community participating in the CRS, which provides flood insurance premium discounts for communities
exceeding the NFIP minimum standards, would lose any discounts. If a community is suspended from the
NFIP, federally -backed flood insurance policies would no longer be available and existing policies will lapse
at renewal. Federally -backed loans, grants and other financial assistance for activities within the floodplain
would not be available. If a Presidential Disaster Declaration caused by flooding is made, property owners
would be ineligible for most forms of disaster assistance.
Gu0303
Interstate Compact Compliance • Watershed Protection • Flood Planning & Nlttrgation • Stream & Lake Protection
Water Project Loans & Grants • Water Modeling • Conservation & Drought Planning • Water Supply Planning
In order for your community to remain in good standing in the NFIP and eligible for certain grant funding
through the CWCB, the Rules should be enacted in a legally enforceable document by January 14, 2014.
If your community already has updated floodplain regulations, then it would be greatly appreciated if you
would send me a copy of the adopted regulations for review. Again, feel free to contact me anytime
by phone or email if you have questions or if your staff would like assistance in updating floodplain
management regulations.
Sincerely,
Jamie
Colorado Water Conservation Board
1313 Sherman Street, Rooin 721
err
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ATTACHMENT B
7-20-40: FLOODPLAIN HAZARDS
(a) Floodplain Maps
(1) The standards in this section apply to mapped floodplain hazard areas as
depicted in the Federal Emergency Management Agency (FEMA) Flood Insurance
Rate Map, National Flood Insurance Program (June 4, 1987, and including
any subsequent amendments to that map) and areas determined by the County
Floodplain Administrator to be in flood hazard areas.
(2) Where a property owner believes that the mapped floodplain hazard areas
shown on the FEMA Flood Insurance Rate Map are inaccurate, the property
owner may request that FEMA process an amendment to that map, or may present
alternative mapping to the County Floodplain Administrator, who may accept such
mapping as an indication of the floodplain area only if the County Flood Plain
Administrator believes the alternative mapping to be more accurate than the FEMA
Flood Insurance Rate Map.
(3) Where the 100-year or intermediate regional flood has not been established,
a property owner may conduct a floodplain study to determine the boundaries of
the floodplain. The property owner should consult with the County Flood Plain
Administrator to determine the appropriate methodology for the floodplain study.
(4) Where the 100-year or intermediate regional flood has not been established
by the FEMA Flood Insurance Rate Map pursuant to subsection (1) above, or by a
property owner study pursuant to subsection (3) above, this regulation shall apply
to all lands within an area that is twenty (20) horizontal or five (5) vertical feet
(whichever land area is greater) from the existing high water line on any river,
stream or material drainage channel, and any area that the County Floodplain
Administrator determines to be a flood hazard area.
(5) It shall be the burden of the applicant to demonstrate that the property seeking
development approval is not within a floodplain hazard area.
(b) General Standards
(1) All activity and development is prohibited within the 100-year floodplain
except as specifically permitted in this subsection (b) or by subsections (c), (d), or
(e) below. All permitted activity shall be reviewed for compliance by the County
Floodplain Administrator through a floodplain development permit.
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Page 6
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(c)
(2) Within the 100-year floodplain, no use, fill, construction, excavation,
embankment, or alteration on or over any portion of the floodplain shall be
permitted that would result in any of the following:
(a) The storage or processing of materials that in times of flooding are
buoyant, flammable, explosive, or otherwise potentially injurious to human,
animal or plant life.
(b) The disposal of garbage or other solid waste materials.
The human occupation of structures either fixed or mobile, permanent or
temporary.
(e) Substantial solid debris being carried downstream by floodwaters.
(d) Any obstruction that would impair the flow or storage capacity of a
floodplain so as to cause foreseeable damage to others either within or
outside of floodplain boundaries.
(e) A substantial increase in sedimentation or erosion.
The infiltration of floodwaters into on -site water supply and wastewater
disposal systems that would impair their functioning or pollute the stream.
(f) Damage to or destruction of aquatic ecosystems, including but not
limited to, wetlands and riparian habitat areas.
Floodplain Hazards - Uses Permitted
The following uses shall be permitted in a floodplain area to the extent that they are
not prohibited by any other regulation and they comply with the guidelines set forth in
subsection (b) above.
(1) Agricultural uses such as general farming, grazing, forestry, sod farming and
wild crop harvesting.
(2) Identified and approved public and private recreational uses are permitted in
the floodplain only if the approved uses do not cause a concentration of people in
such areas during high flood hazard probability. Any structures associated with
such uses shall be subject to the provisions of subsection (b) above. Terrestrial
and aquatic habitat restoration activities shall also be an allowed use in the
floodplain, provided that the BOCC makes a finding that the restoration project
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Page 7
has been designed for the purpose of restoring, or preventing further degradation
of the natural, dynamic functions of the river, stream, or other body of water; the
applicant shall be required to provide sufficient scientific information to establish
both the existence of pre -restoration degradation and the scope and desirability of
the post -restoration improvements. Acceptable scientific information may include,
but is not limited to, information on channel hydrology, site geomorphology,
streambed characteristics, macroinvertebrate populations, and fish populations.
Applicant must also demonstrate that the scientific information provided has been
generated by an individual(s) or legal entity (ies) qualified to render an assessment
in all pertinent subject areas. This demonstration may be provided in the form of a
curriculum vitae (CV) for an individual, a company resume of project experience,
personnel certifications and licenses, etc., or any other mariner reasonable under the
circumstances.
(3) Bridges or other structures for irrigation, drainage, flood control, hydropower,
or water diversion may be allowed upon approval of plans and specifications by the
County Floodplain Administrator and Community Development Director, provided
they are engineered to prevent blockage of drainage channels during peak water
flows and their placement does not result in the loss of wetlands or riparian areas.
All structures shall be required to clearspan the waterway to the maximum extent
practicable.
(d) Redstone Townsite Floodplain Exemption Area
Because of the extensive historical development within the floodplain of the
Redstone Townsite, the public interest in providing incentives for the preservation
of the historic character of the Townsite, and the determination that the floodplain
will not be unduly impacted, any property within the Redstone Townsite zoned
Village Commercial or Village Residential shall be allowed to develop within the
floodplain, subject to the following development standards:
(1) No Alternative Building Site
If there is no alternative building site on the property, development may be
approved subject to compliance with the minimum development standards
set forth in Sec. 7-20-40(e).
(2) Building Site With Fewer Impacts
If the building site proposed creates fewer impacts than if the development
was limited exclusively to an area outside of the 100-year floodplain,
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BOCC: December 4, 2013
Page 8
development may be approved subject to compliance with the minimum
development standards set forth in Sec. 7-20-40(e).
(e) Standards if No Hazard -Free Area Exists
In the event that an application is denied because there is no hazard -free area on a
site, and an appeal is granted pursuant to Sec. 2-20-180 or relief is granted pursuant
to Sec. 2-40-150, the proposed activity or development shall be reviewed according
to subsection (a) above and the following standards:
(1) New residential structures, and any additions to existing residential
structures, shall have the lowest floor, including the basement, elevated one
(1) foot or higher above the base flood level.
(2) New commercial, industrial, or other non-residential structures, and
any additions to the same shall either have the lowest floor (including the
basement) elevated to the level of the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
(a) Be flood proofed so that below the base flood elevation the
structure is watertight with walls substantially impermeable to the
passage of water; and
(b) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
(3) New commercial, industrial, or other non-residential structures, and any
additions to the same shall be certified by a registered professional engineer
licensed in the State of Colorado or architect that the design and methods
of construction are in accordance with accepted standards of practice for
meeting the provisions of this section. Such certifications shall be provided
to the Pitkin County Floodplain Administrator.
(Code repealed and reenacted Ord. No. 14-D, 2006 - § 7-20-40 amended (part) by Ord 24-08.
07-23-08: Ord 019-09, 06-24-09)
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ATTACHMENT C
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE: SPECIFICALLY
THE 2006 LAND USE CODE FOR LAND USE TEXT AMENDMENTS RELATED TO THE
FLOODPLAIN REGULATIONS
Ordinance No. -2013
RECITALS
1. Land Use Code amendments have been proposed to meet the revised Rules and Regulations for
Floodplains in Colorado. The Rules were adopted by the state of Colorado, effective January 14, 2011.
Colorado communities were given a three year grace period, until January 14, 2014, to adopt new
floodplain regulations consistent with the Rules. The Rules provide higher floodplain management
standards that will help the community to reduce the risks to people and property caused by flooding.
Amendments are proposed for the following Chapters and Sections:
Exhibit A - Section 7-20-40: Floodplain Hazards
Section 7-20-50: Geological Hazards
Section 7-20-80: River and Stream Corridors and Wetlands
Section 11-10: Definitions
2. The Pitkin County Planning and Zoning Commission considered the proposed code amendments at a
regularly scheduled meeting on December 10, 2013 and recommended approval by a vote of 6 - 0.
3. The BOCC considered the proposed code amendments at a regular meeting on first reading on
December 4, 2013, and voted to approve the proposed amendments on second reading at a duly noticed
public hearing on December 18, 2013.
4. The BOCC finds that the proposed code amendments are consistent with the applicable provisions of
the Code.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the
Pitkin County Code, the Land Use Code, to amend Sec. 7-20-40, 7-20-80 and 11-10 as follows in
Attachment A.
INTRODUCED, FIRST READING ON THE 4t'' DAY OF DECEMBER, 2013.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE
PUBLISHED IN THE ASPEN TIMES WEEKLY ON , 2013.
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NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE 22ND DAY OF
NOVEMBER 2013.
APPROVED AND ADOPTED AFTER SECOND AND FINAL READING AT A DULY NOTICED
PUBLIC HEARING ON THE 18TH DAY OF DECEMBER 2013.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES
WEEKLY ON THE DAY OF 2013.
THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION
FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
ATTEST:
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO FORM:
John Ely, County Attorney
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
George Newman, Chairman
Date
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
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ATTACHMENT D
7-20-40: FLOODPLAIN HAZARDS
(a) Purpose
The purpose of this section is to promote the public health. safety and general welfare. protect our rivers
and streams. and to minimize public and private losses due to flood conditions in soecific areas,
(b) Applicability
The development standards in this Sec. 7-20-40 apply to all development within the 100-year floodplain:
path FEMA identified floodolains (iurisdictional floodplainsl as well as flood areas that have not been
identified by FEMA (non-iurisdictianal floodolains) and areas removed from the floodolain by the issuance
of a FEMA Letter of Map Revision Based on Fill (LOMR-Fl.
All activity and development is prohibited within the 100 year floodplain except as specifically permitted in
Section 7-20-40 (a). (Ill and/or M.
This code section is not intended to repeal, abrogate. or impair anv existing easements, covenants. or
deed restrictions. However, where this code section and another code section, ordinance. easement,
covenant, or deed restriction conflict or overlap. whichever imposes the more stringent restrictions
shall prevail.
(c) Permit Required. Procedures. Duties of Floodplain Administrator
All development. includina but not limited to new construction, placement of manufactured homes.
substantial improvements t existina structures earthwork or other development. within the floodpllin
reguires a Floodplain Development Permit which shall be reviewed by the Pitkin County Floodplain
Administrator and the Community Development Director. It shall be the burden of the applicant prior to
submitting the Pitkin County Permit Application to obtain documentation of all reauired State and Federal
permits as part of the permit application.
PERMIT PROCEDURES
Application for a Floodplain Develonment Permit shall be presented to the Floodplain Administrator
on forms furnished by him/her and may include, but not be limited to. plans in duplicate drawn to
scale showing the location. dimensions, and elevation of . ro • ose• lands a . e alteration exi tin: an.
proposed structures, including the placement of manufactured homes. and the location of the foregoing
in relation to Special Flood Hazard Areas. Additionally, the following information is required:
1. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new
and substantially improved structures;
2. Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed;
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3. A certificate from a registered Colorado Professional Engineer that the nonresidential
floodproofed structure shall meet the floodproofing criteria of 7-20-40 (fl (8) 2., Duties of the
Floodplain Administrator and by providing an Elevation Certificate with the proposed finished
elevation of the lowest floor of the structure, including the basement in relation to mean sea
Ievel:
4. Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development.
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:
5. The danger to life and property due to flooding or erosion damage:
6. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
7. The danger that materials may be swept onto other lands to the injury of others:
8. The compatibility of the proposed use with existing and anticipated development:
9. The safety of access to the property in times of flood for ordinary and emergency vehicles:
10. 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;
11. 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;
12. The necessity to the facility of a waterfront location, where applicable;
13. The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use;
14. The relationship of the proposed use to the comprehensive plan for that area.
DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the
following:
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15. 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 basement) of all new or substantially improved structures and any floodproofing
certificate required by the 7-20-40 (c) Permit Procedures.
16. Review. approve. or deny all applications for Floodplain Development Permits required by
adoption of this ordinance.
17. Review Floodplain Development Permit applications to determine whether a proposed
building site. including the placement of manufactured homes, will be reasonably safe from
flooding.
18. Review permits for proposed development to confirm that all necessary permits have been
obtained from those 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.
19. Inspect all development at appropriate times during the period of construction to ensure
compliance with all provisions of this ordinance, including proper elevation of the structure.
20. 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 mapped
boundary and actual field conditions) the Floodplain Administrator shall make the necessary
interpretation.
21. When Base Flood Elevation data has not been provided the Floodplain Administrator shall
obtain. review and reasonably utilize any Base Flood Elevation data and Floodway data
available from a Federal, State. or other source. in order to administer the provisions of 7-20-
40.
22. 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 Zones A1-30 and AE on the community'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 at any point within the community.
23. Notify. in riverine situations, adjacent communities and the State Coordinating Agency,
which is the Colorado Water Conservation Board, •rior to an alteration or r• location of a
watercourse. and submit evidence of such notification to FEMA.
24. Ensure that the flood carrying capacity within the altered or relocatedportion of any
watercourse is maintained.
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Page 14
25. Before providing a Certificate of Occupancy for any structure within a Flood Hazard Area the
Floodplain Administrator shall be provided a Elevation Certificate from a registered Colorado
Professional Engineer that the floodproofed structure shall meet the floodproofing criteria
of 7-20-40 (c) 16 Duties of the Floodplain Administrator and shall be provided an Elevation
Certificate with the finished recorded elevation of the lowest floor of the structure, including
the basement in relation to mean sea level; �I
(d) Warning and Disclaimer or Liability
The dearee of flood protection required by this ordinance is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. On rare occasions greater floods can and will
occur and flood heights may be increased by man-made or natural causes. This section does not imply
that land outside the areas of the floodplain 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 community or any official or
employee thereof for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
(e) Floodplain Maps
The maps depicting the floodplain for the base flood in the report. Federal Emergency Management
Agency (FEMA) Flood Insurance Study for Pitkin County, dated October 19. 2004. with
accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto and hereb ado ted
by reference. shall be the maps used to locate the floodplain. together with all of the technical
information contained in such report. The Floodplain Administrator shall keep a copy of this report
on file and available for public inspection. TIie btdrlildi l,lb irl [Ilia bectiull appFy to IIIdNN>;,! fluodNlaII
IldLdlll areas as1dGpiGft^ed II1I the FC[1>;rdlI7F111CIytlHHC.y1 Md[Idyt rnepnt A1�CIll.y (F'�`tv1A) Hood Insuianue
Rd t 7Map, Nd41VI�dI I IUVU III1Surdln f 1u ldlll (JuILe 4, 19U7, dl1Jf IlllluUilly. drly SuiJSC%luuI[t
di fltiTUiii ii1 �V lhdt III ap) dl lU dlI d7 J 1. iIIIIIICd Ly tl ie CUu{I�y 1=lVVl�EJldln Adi III IiStl dial tU tJG Ill
4Ud ildLdli.t-died,.
Where a property owner believes that the mapped floodplain hazard areas shown on the FEMA Flood
Insurance Rate Map are inaccurate, the property owner may request that FEMA process an
amendment to that map, or may present alternative mapping to the County Floodplain Administrator,
who may accept such mapping as an indication of the floodplain area only if the County Flood Plain
Administrator believes the alternative mapping to be more accurate than the FEMA Flood Insurance
Rate Map.
When Base Flood Elevation data has not been provided the applicant shall obtain, review. and
reasonably utilize other BFE and floodway data as a basis for elevating residential structures to or
above the base flood level. and for floodproofing or elevating non-residential structures to or above
the base flood level.
For waterways with Base Flood Elevations for which a regulatory Floodway has not been designated no
new and permitted development may increase the Base Flood level more than one half of one (1/2)
foot.
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Where the 100-year or intermediate regional flood has not been established, a property owner may
conduct a floodplain study to determine the boundaries of the floodplain. The applicant shall
Slemonstrate 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 of one (1/2) foot as any point within the community. The property owner should
consult with the County Flood Plain Administrator to determine the appropriate methodology for the
floodplain study.
Where Lire 100-y1 or Irute1111Cdidte reyluIIdl flood LIdS IIV1 deer' GStdbIISIleIi L1y LIlc rtEMA Flout
Iiisurailce Rdie Map pUr Sudrll lu rsuLJSe.LIU11 (1) dLiuve, or 1 y a properly ow nye�l Study FIUISUdylIt
Lu SU be411VII (`�) dLJUVC, t111r5 IGyuldtiOn hair dpply d LdI I W1t11111 dll dl ed lfldt lb twtllty (GU)
11V11LVI ItdI Ul flve (J} II di fGC L (wl lll.l'eve( Idl nJ died i.S yr ed ler) Fi win LI re GAI.SLilly hiyl l wdlcl
III11C on arty Iryel, .stledrrrr of II idL[rlidl d'Id111dye LIid' 111C1, and ally dred LLid urity FItOd1.*cairi
AUiiI iiiJtIdLor JC1Grril111CSLU be d fluud IIdzaid died.
It shall be the burden of the applicant to demonstrate that the property seeking development approval is
not within the 100 year floodplain.
(b) Gemid Slallriaids
(1) All ieLlvity aIld deve lupiiielit is plolllbited witliiii llle 100-yew fluudplarir
l; xeept as specifically peiiiiilled in this subsection (b) ui by subsections (c), (d), u1
(e) beluw. All peluiilled activity shall be ievieweil for compliance by the County
Fluudplaiu Arlruirristialur Lhiuugli a f1ouphi ii dcvelopuleIlt penult.
(2) WiLhiii the 100-year fueftiplant, nu usc, fill, coiistiue1ion, excavation,
G1I1banklilerlt, or alleldtiull on or ovel any poi tam of the lloudpldin sha1111e
peunitted drat would iesulL in any of die following.
(a) 111C storage ul ptok,essing of rnalel that 111 Lirrles ut lluullrngT ale
buuyarll, flalrurrable, explusi re, ur ullierwiSe pulentially injurious to 11UIIiclll,
animal of plant life.
(b) Tlie disposal of garbage or other sulll.l wastee lrlalenals.
The llurllan ul,l:upaliuri of slruetuies el lei fixed or mu e, peliIlailelll Ul
einpurar y.
ciownstrearn by floodwaters.
(d) Arry olrsliuelron that would uupall the flow u1 storage capacity of a
fluudplairr so as lu cause foreseeable damage to ulllels erlllel within in
outside of floodplain bouiirlanus.
(c) A subslai,lial increase in sedil11eiilation uI elustim.
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e inlillration ullluuclwale's into on -site water supply and wastewater
ispusal sysLeins Ural wuula iiupau heir f uliuuing ui pollute the sliearrr.
(1) Damage Lu ui deslrut, Lion of aquatic ecusysLenis, including but nu
limited Lu, wetlands and iiparian liabiLat areas.
(f) General Standards
The following conditions apply to all new development and/or substantial improvements, including
development in special flood hazard areas. Al! development plans shall:
(a) Be designed (or modified) and adequately anchored to prevent floatation. collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads. including the
effects of buoyancy:
(b) Include an Elevation Certificate which shall be prepared by a registered professional engineer,
architect or land surveyor and shall submitted to the Floodplain Administrator both at permit
application and with as -built conditions prior to Certificate of Occupancy:
(c) Be constructed with flood -resistant materials;
(d) Be constructed by methods and practices that minimize flood damage:
(e) Be constructed with electrical, heating. ventilation, plumbing, air conditioning equipment. and
other service facilities designed and/or located to prevent water entry or accumulation within the
components during conditions of flooding.,
(f) Address any new or replacement water supply and sanitary sewage systems which shall be
designed to minimize or eliminate infiltration:
(g) Within the floodplain. no use, fill, construction. excavation. embankment, or alteration on or over
any portion of the floodplain shall be permitted that would result in any of the following;
The storage or processing of materials that in times of flooding are buoyant. flammable,
explosive, or otherwise potentially injurious to human, animal or plant life.
The disposal of garbage or other solid waste materials.
The human occupation of structures either fixed or mobile permanent or temporary.
Substantial solid debris being carried downstream by floodwaters.
Any obstruction that would impair the flow or storage capacity of a floodplain so as to cause
foreseeable damage to others either within or outside of floodplain boundaries.
A substantial increase in sedimentation or erosion.
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The infiltration of floodwaters into on -site water supply and wastewater disposal systems that
would impair their functionino or pollute the stream.
Damage to or destruction of aquatic ecosystems. including but n t limited to. wetlands and
riparian habitat areas.
(1) RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any residential structure shall have the lowest habitable
floor. including basement, elevated one (1) foot or higher above the base flood elevation. A reaistered
professional engineer. architect or land surveyor shall submit a Elevation Certificate to the Floodolain
Administrator sighting that this standard has been met.
(2) NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any commercial. industrial or other nonresidential
structure shall:
(a) )-lave the lowest floor (includingthe basement] shall be elevated to at least one (1) foot above.
the level of the base flood elevation: or
All attendant utility and §.anitary facilities. shall be flood proofed so that below one(1) foot above
t P base flood elevation the structure is watertight with walls substantially impermeable to the
passage of water: and
(h) Have structural components capable of resisting hydrostatic artd hydrodynamic loads and effects
of buoyancy: and
(l) A registered professional engineer or architect licensed in the State of Colorado shall develop
andlor review structural desian. specifications,and plans f r the construction. and shallcerti
that the design methods of construction are in accordance with accepted standards of practice.
ENCLOSURES
New construction and substantial improvements, with fully enclosed areas below the lowest floor that
are usable solely for parking of vehicles. building access or storage in an area other than a basement
and which are subiect to floodina shall be designed to automatically eaualize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters. The desian must be either certified
by a reaistered professional enaineer or architect or meet the following criteria:
mi ' m nin h vi t n t f n t le t n n in h f r v r
foot of enclosed area subiect to floodina shall be provided.
The bottom of all openinas shall be no hiaher than one foot above grade.
Opening§ may be eauir ed with screens. louvers. valves. or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters.
MANUFACTURED HOMES
New placement and substantial improvements of all manufactured homes shall meet the following
feauirements:
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Homes within Zone A shall be installed using methods and practices which minimize flood damage.
For the purposes of this requirement, manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not
limited to, use of over -the -top frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces.
Homes within Zone A1-30, AH, and AE on sites (i) outside of a manufactured home park or
subdivision• (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an
existing manufactured home park or subdivision, or (iv) in an existing manufactured home park
or subdivision on which a manufactured home has incurred "substantial damage" as a result of
a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated to at least one (11foot above the base flood elevation and be securely anchored
to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
Homes on sites in an existin manufactured home ark or subdivision within Zones A1-30 AH and
AE shall be elevated so that either:
the lowest floor of the manufactured home is at least one (1) foot above the BFE. or
the manufactured home chassis is supported by reinforced piers or other foundation elements
of at least equivalent strength that are no less that 36 inches in height above grade and be
securely anchored to an adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
RECREATIONAL VEHICLES
Recreational vehicles placed on sites within Zones A1-30, AH and AE shall be required to either:
Be on the site for fewer that 180 consecutive days:
Be fully licensed and ready for highway use (A recreational vehicle is ready for highway use if it is on
its wheels or iacking system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.), or
Meet the permit and anchoring requirements of Section 7-20-50.
SUBDIVISION PROPOSALS
The following shall apply to all subdivision proposals and other development, including manufactured
home parks or subdivisions, to determine whether such proposals will be reasonably safe from
flooding:
Such proposals shall minimize flood damage.
BFE data shall be generated for subdivision proposals and other proposed development which are
Greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided
Adequate drainage shall be provided to reduce exposure to flood hazards
Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and
constructed to minimize or eliminate flood damage.
FLOODWAYS
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FIoodwa'Ls are an extremely hazardous area due to the velocity of flood waters which carry debris.
potential prQLectiles and erosion potential, the following provisions shall apply:
Encroachments are prohibited. including fill. new construction. substantial improvements and other
development within the regulatory floodwav unes it has been demonstrated throng h r Qgi
pnd hydraulic analyses performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels within the community
during the occurrence of the 100 year flood.
Under the provisions of the NFIP a community may permit encroachments within the adopted
regulatory floodwav that would result in an increase in base flood elevations, provided that the
community first applies for a conditional FIRM and floodwa revision throu•h FEMA.
PROPERTIES REMOVED FROM THE FLOODPLAIN BY FILL
A Floodplain Development Permit shall not be issued for the construction of a new structure or
addition to an existing structure on a property removed from the foodplain by the issuance of a
FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or addition
complies with the followingjj
1. RESIDENTIAL CONSTRUCTION
The lowest floor (including basement), electrical, heating. ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), must be elevated to
one foot above the Base Flood Elevation that existed prior to the placement of fill.
2. NONRESIDENTIAL CONSTRUCTION
The lowest floor (including basement), electrical. heating. ventilation. plumbing, and air
conditioning equipment and other service facilities (including ductwork). must be elevated to
one foot above the Base Flood EIevation that existed prior to the placement of fill, or together
with attendant utility and sanitary facilities be designed so that the structure or addition is
watertight to at least one foot above the base flood level that existed prior to the placement
of fill with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads of
effects of buoyancy.
STANDARDS FOR CRITICAL FACILITIES
A Critical Facility is a structure or related infrastructure. but not the land on which it is situated.
as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado. that if
flooded may result in significant hazards to public health and safety or interrupt essential services and
operations for the community at any time before. during and after a flood.
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1. PROTECTION FOR CRITICAL FACILITIES
All new and substantially improved Critical Facilities and new additions to Critical Facilities
located within the Special FIood Hazard Area shall be regulated to a higher standard than
structures not determined to be Critical Facilities. For the purposes of this ordinance,
protection shall include one of the following:
a. Location outside the Special Flood Hazard Area; or
b. Elevation of the lowest floor or floodproofing of the structure, together with attendant
utility and sanitary facilities, to at least two feet above the Base Flood Elevation.
2. INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES
New Critical Facilities shall, when practicable as determined by the Board of County
Commissioners, have continuous non -inundated access (ingress and egress for evacuation and
emergency services) during al00-year flood event.
tot (0) Floodplain Hazards - Uses Permitted
The following uses shall be permitted in a floodplain area to the extent that they are not prohibited by any
other regulation and they comply with the guidelines set forth in this Section 7-20-40.
(1) Agricultural uses such as general farming, grazing, forestry, sod farming and wild crop harvesting.
(2) Identified and approved public and private recreational uses are permitted in the floodplain only if
the approved uses do not cause a concentration of people in such areas during high flood hazard
probability. Any structures associated with such uses shall be subject to the provisions of this
Section 7-20-40. Terrestrial and aquatic habitat restoration activities shall also be an allowed
use in the floodplain, provided that the BOCC makes a finding that the restoration project has
been designed for the purpose of restoring, or preventing further degradation of the natural,
dynamic functions of the river, stream, or other body of water; the applicant shall be required
to provide sufficient scientific information to establish both the existence of pre -restoration
degradation and the scope and desirability of the post -restoration improvements. Acceptable
scientific information may include, but is not limited to, information on channel hydrology, site
geomorphology, streambed characteristics, macroinvertebrate populations, and fish populations.
Applicant must also demonstrate that the scientific information provided has been generated by
an individual(s) or legal entity (ies) qualified to render an assessment in all pertinent subject areas.
This demonstration may be provided in the form of a curriculum vitae (CV) for an individual, a
company resume of project experience, personnel certifications and licenses, etc., or any other
manner reasonable under the circumstances.
Bridges or other structures for irrigation, drainage, flood control, hydropower, or water diversion
may be allowed upon approval of plans and specifications by the County Floodplain Administrator
(3)
000020
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Page 21
and Community Development Director, provided they are engineered to prevent blockage of
drainage channels during peak water flows and their placement does not result in the loss of
wetlands or riparian areas. All structures shall be required to clearspan the waterway to the
maximum extent practicable.
(4) Bank, stabilization, riparian restoration work and restoration of natural. dynamic riverine functions
(in accordance with the reauirements of Section 7-20-40 may alsohe permitted in the floodplain
w2on the BOCC finding that any adverse impacts will be adeauatelv mitigated. as reauired by_
Section 7-20-80.
(5) Placement and maintenance of improvements for a micro hydroelectric facility may be permitted
within the floo plain. upon finding that anx adverse impacts will be adeauatelymitigated. as
required by Section 7-20-80.
(d) (h) Redstone Townsite Floodplain Exemption Area
Because of the extensive historical development within the floodplain of the Redstone Townsite, the
public interest in providing incentives for the preservation of the historic character of the Townsite, and the
determination that the floodplain will not be unduly impacted, any property within the Redstone Townsite
zoned Village Commercial or Village Residential shall be allowed to develop within the floodplain, subject to
the following development standards:
(1) NO ALTERNATIVE BUILDING SITE
if there is no alternative building site on the property, development may be approved subject to
compliance with the minimum development standards set forth in Sec. 7-20-50(i) 9tlL.. 7-200(u).
(2) BUILDING SITE WITH FEWER IMPACTS
If the building site proposed creates fewer impacts than if the development was limited exclusively to
an area outside of the 100-year floodplain, development may be approved subject to compliance with
the minimum development standards set forth in Sec. 7-20-50013Gc. 7-20-40(t!
(i) Lazy Glen Floodplain Exemption Area
Because of the existing mobile home park development within the floodolain of the Lazy Glen MHP
Subdivision/PUD, any property within the Laz Glen MHP Subdivision PUD shall be al owed to develop
wihin the floodplain. subiect to Section 7-20-40(i) and the following development standards:
(1) Structures on all Tots located within the 100-year floodplain shall be placed so that the base habitable
floor is at least 1-foot above the Base Flood Elevation.
(2) Structures on all lots located within the 100-year floodplain shall be firmly anchored fo the ground so
n fl r
(3) Water heater. furnaces. and other major appliances shall be placed on or above the lowest habitable
flr in structures on all lots located within the 100-year floodplain,
(4) Qwners of lots within the 100-year floodplain shall purchase and maintain flood insurance adeauate
to cover the loss of property that could occur Burin• the atas ro. hi event.
(5) Bas men are rohi ited. rawl s ac s sh II b limited to a m xim m d th of four feet below
existing grade.
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fe (j) Standards if No Hazard -Free Area Exists
In the event that an application is denied because there is no hazard -free area on a site, and an
appeal is granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the
proposed activity or development shall be reviewed according to subsection (a) (c), (d), (e) and (f)
above. and llle following slaudaid6.
New residential stluclures, and any adds€ions to existing lesldential struutules, shall have
level.
(2) New cumin elelal, nidusLiial, ul Uhler non-iesidenL1al Attie tules, and any additions lu the
same shall either have the Lowe
flood. elevation, or, logeLhel with a.tlelldanl utility and salli€dry faeilhies, shall.
tatf3e floodpluufec1 so tllal below the base flood elevation Llle situeLule is waleiLight with
walls substantially inlpeinleable to the passage of water, and
(b) Have slJAIL. Lulal coinpun
effects of buoyancy, arrd
(3) New eoullneteial, indusllial, ul olllel dull-iesldentia.l sLruetuies, and any add1 inns lu Lhe
al"c111LeeL that the Llesigu an metllulls of eonstiuciion ale in aeeorllallce with aeeep1ed stall o
piacLice for meeting Life provisions of this section. Such ILA ions shall be piuvided to Lhe
Pilkiu County Floodplai - m 'nistialui.
(k) VARIANCE APPEAL PROCEDURES
(1) The Appeal Board, hereby designated as the board of County Commissioners. shall hear and render
Ludgment on requests for appeals from the requirements of this ordinance.
(2) The Board of County Commissioners shall hear and render judgment on an appeal only when it
is alleged there is an error in any requirement, decision, or determination made by the Floodpiain
Administrator in the enforcement or administration of this ordinance.
(3) (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision
in the courts of competent jurisdiction.
(4) The Floodpiain Administrator shall maintain a record of all actions involving an appeal and shall
report appeals to the Federal Emergency Management Agency upon request.
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7-20-50: GEOLOGIC HAZARDS
Alluvial Fans (Areas of Shallow Flooding).
Alluvial Fans or Areas of Shallow Flooding (AO/AH Zones) have special flood hazards associated with
base flood depths of 1 to 3 feet where a clearly finedchannel does not existand where hoath of
flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by
pondina or sheet flow, In the event there is not an adequate hazard -free area on a site, activities or
development may proceed within an alluvial fan if Ilia usC. however. the following shall apply:
(2) All new construction and substantial improvements of residential structures have the lowest floor
(including basement) elevated above the hiahest adjacent grade at least one foot above the depth
number specified in feet on the community's FIRM and at least three feet if no death number is
specified.,
(3) &II new construction and substantial improvements of non-residential structures:
rave the lowest floor (including basements) elevated above the highest adjacent grade at least one
foot above the depth number specified in feet on the community's FIRM (at least three feet if no
depth number is specified). or:
tonic ether with attendant utility and sanitary facilities be designed so that below one foot above the base
flood level the structure is watertiaht with walls substantially impermeable to the passaae of water
and with structural components havina the capability of rejistinghydrostatic and hydrodynamic
loads effects of buoyancy.
A registered professional engineer. geologist or architect licensed in the State of Colorado shall submit
,certification to the Floodgjain Administrator that the standards of this Section are satisfied:
la loLd1*J 411 deoiyneti irl aV uidirCe *dli d aitc evdludlwrr and ICLVIri Ile ndativria of a Cl Lid
vfeaaiui idl Gi ryiiCCr ur yeuluyikt lk,ei i,Cd Ill LI IC SLdLC of via v,
(6) Require within Zones AH or AO adequate drainage paths around structures on slopes. to guide flood
waters around and away from proposed structures:
The development may be required to be is protected by channelizing, damming or diverting potential
rrruflows utilizing engineering structures by a professional engineer or geologist licensed in
the State of Colorado; and
Avoids disturbance in the drainage basin above the fan unless an evaluation of the effect on runoff
and stability of the fan shows that disturbance is acceptable.
(4)
(5)
(7)
(8)
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7-20-80: RIVER AND STREAM CORRIDORS AND WETLANDS
(d) Mitigation Standards
Any disturbance of the buffer area must be reclaimed by regrading and revegetation
in accordance with the Pitkin County Revegetation Guide or as directed by the Pitkin
County riparian expert, the U.S. Army Corps of Engineers, U.S. Environmental Protection
Agency, or Colorado Division of Wildlife, and compliance with such standards shall be
included as a condition of any approval. In addition, the following standards shall apply:
(1) Utility corridors in buffer areas shall be located at the outside edge of the
buffer.
(2) Access roads for utility maintenance shall be located outside the buffer area.
(3) Access for utility maintenance in buffer areas should be at specific points rather
than parallel to the utility corridor.
(4) Development shall incorporate specific measures designed to reduce erosion
and prohibit sedimentation; no development that will increase stream sedimentation
and suspension loads shall be permitted.
(5) Development shall comply with Sec. 7-20-30 and those stream setbacks
contained in Table 5-1.
(6) Removal or disturbance of vegetation in riparian and wetland buffer areas shall
be avoided to the maximum extent practicable.
(7) Areas where vegetation in wetland or riparian buffer areas is disturbed or
removed shall be revegetated as quickly as possible, but in no event later than one
growing season following conclusion of construction activities in the area.
(8) Channelization of streams is prohibited; development shall be designed to
fit the channel rather than allowing changes in the channel in order to fit the
development.
(9) Perennial stream channels shall be bridged whenever possible; when this is not
practicable, culverts shall be designed to avoid plugging and prevent washouts.
(10) Development shall not result in the raising of water temperatures.
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(11) Alterations to stream channels (including their capacity, filling and
dredging) shall be prohibited unless it has been satisfactorily demonstrated,
through site -specific scientific study and analysis (including an evaluation of all
upstream and downstream impacts), that the proposed channel work will improve
the dynamic stream channel function, the habitat for a diversity of species, and that
future and historical public uses, such as stream navigation, recreation, and
aesthetics are not diminished by the proposed channel improvements. All
approved stream work must be permitted and notification shall be sent to adjacent
communities and the State Coordinating Agency, which is the Colorado Water
Conservation Board. prior to any alteration or relocation of a watercourse. and
submit evidence of such notification to FEMA. Acceptable scientific information
may include, but is not limited to, information on channel hydrology, site
geomorphology, streambed characteristics, macroinvertebrate populations, and fish
populations. Applicant shall demonstrate and ensure that the flood carrying
capacity within the altered or relocated portion of any watercourse is maintained.
Applicant must also demonstrate that the scientific information provided has been
generated by an individual(s) or legal entity (ies) qualified to render an assessment
in all pertinent subject areas. This demonstration may be provided in the form of a
curriculum vitae (CV) for an individual, a company resume of project experience,
personnel certifications and licenses, etc, or any other manner reasonable under the
circumstances.
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Page 26
Page 26 of 33
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CHAPTER 11: DEFINITIONS
11-10: DEFINITIONS
In the interpretation of this Land Use Code the rules and definitions of this Sec. 11-10 shall be
observed and applied, except when the context clearly indicates otherwise.
• Words used or defined in one tense or form shall include other tenses and derivative forms.
• Words in the singular number shall include the plural number, and words in the plural number
shall include the singular number.
• The masculine gender shall include the feminine and the feminine gender shall include the
masculine.
• The words "shall" or "must" are mandatory.
• The words "may" or "should" are permissive.
• The word "person" includes individuals, firms, corporations, associations, and any other
similar entities.
• The word "county" means the County of Pitkin, Colorado.
• The word "state" means the State of Colorado.
• In case of any difference of meaning or implication between the text of this Land Use Code
and any caption or illustration, the text shall control.
ALLUVIAL FAN is an area of deposition where steep mountain drainages empty into valley floor. usually in
arid regions. Flooding in these areas often includes characteristics that differ from those riverine or coastal
areas.
Chapter 7• ALLUVIAL FAN FLOODING (AREAS OF SHALLOW FLOODING) refers to flooding
occurrrha on the surface of an alluvial fan or similar landform which originates at the apex and is
characterized by high -velocity flows' active processes of erosion sediment transport an deoosition; nab.
unpredictable flow oaths.
Chapter 8: BASE FLOOD means the flood having a one percent chance of beina eaualed or
exceeded in any aiven year.
Chapter 9. BASE FLOOD ELEVATION (BFF) is the�.0-year flood elevation or the water surface.
elevatibn resultina from a flood that has a one percent chance of equaling or exceeding that level in anv
aiven year (1 00-year flood).
Chapter 10: CRITICAL FACILITY means a structure or related infrastructure, but not the land on_
which) It is situated. as specified in. 7-20-40 (f) 9. that if flooded may result in sianificant hazards to public
health and safety or interrupt essential services an operation's for the community at anv time before. during
and after a flood.
DEVELOPMENT means the carrying out of any building activity, the making of any material change in the
use or appearance of any structure or land, or the subdividing of land into two (2) or more parcels,
Page 27 of 33
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A. Development includes, but is not limited to, the following:
1. A reconstruction or alteration of the size or building footprint of a structure.
2. A change in the intensity of use of land, such as the establishment af, or an increase
or decrease in, the number of dwelling units or floor area.
3. Commencement of drilling, mining, or excavation on a parcel of land.
4. Total demolition or partial demolition of a structure.
5. Clearing of land, including clearing or removal of vegetation, and including any
significant disturbance of vegetation or substrate (soil) manipulation.
6. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
7. The construction, installation and operation of oil and gas facilities, facilities for logging, or facilities
for mineral extraction. B. For purposes of Scenic View Protection, "Development" shall be defined
as any construction, vegetation or grading activity that changes the basic character or use of a parcel of
land or that significantly alters the visibility of an existing use from the Scenic View Protection Area map
described in Sec. 7-20-120(b).
C. Development includes all other activity customarily associated with it. When appropriate to the
context, "development" refers to the act of developing or to the result of the act of development. Reference
to any specific operation is not intended to mean that the operation or activity, when part of other
operations or activities, is not development. Reference to particular operations is not intended to limit the
generality of this definition.
D. The following shall not be considered development:
1. Fences and walls that comply with the Department of Wildlife fence standards.
2. Fences and walls that are less than six (6) feet in height and are located:
a. On parcels assessed as "agricultural" by the Assessor's Office, or
b. On parcels free of 1041 wildlife concerns, or
c. Within an approved Activity Envelope, or
d. In areas of the County with site specific approvals or guidelines approved by
the Board of County Commissioners relative to fencing.
E. For purposes of work within the Floodplain, "Development" shall be defined as
any man-made change in improved and unimproved real estate, including but not limited
to buildings or other structures, minin , fired in ,filling_ adin aving, excavation or
drilling operations or storage of equipment or materials.
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Chapter 11:
Chapter 12: 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
manufactured homes are to be affixed (including as 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 floodplain management regulation adopted by a community.
Chapter 13: EXPANSION TO EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
means the preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (includingthe installation of utilities. the construction of streets. and
either final site grading or the pouring of concrete slabs).
Chapter 14: FLOOD OR FLOODING means:
A. A general and temporary condition of partial or complete inundation of normally dry land areas_
from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
B. The collapse or subsidence of a land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding antici.ated _ clic- - -
or suddenly caused by an unusually high water level in a natural body of water. accompanied by
sev re storm. or by an unanticipated fort of nature such as fl sh flood. or by some similarly
unusual and unforeseeable event which results in flooding as defined in paragraph (A)(1) of this
definition.
Chapter 15:FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community, on
which the Admin. is rator has delineated bot the soecaa flood hazard areas and the risk premium zones_
applicable to the community.
Chanter 16: Fl OD INSURANCE STUDY (FLOOD ELEVATION STUDYI means an examination.
evaluation and determination of flood hazards and. if appropriate. corresponding water surface elevations.
eL an examination. evaluation and determination of mudslide (i.e. mudflow) and/or flood -related erosion
hazards.
FLOODPLAIN (100 YEAR FL
rnedfJS dily land died susLepLllJle to tlen %' IIIUr1ddieIJ l.)y Wdlei Ilulil
Flood Hazard Area : Flood hazard areas identified on the Flood
Insurance Rate Map are identified as a Special Flood Hazard Area (SFHA). SFHA are defined as the area
that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any
given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood.
SFHAs are labeled as Zone A. Zone AO. Zone AH, Zones A1-A30. Zone AE. Zone A99. Zone AR. Zone AR/AE.
Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Zone V. Zone VE, and Zones V1-V30. Moderate flood hazard
Page29of33
QUtO2
yrCdtGI, UII dl ly 1IVCI, bt1Gdil I, 0l lidlUl dl tii ci lIdye Gi [di i11GI.
BOCC: December 4, 2013
Page 30
areas, labeled Zone B or Zone X (shaded) are also shown on the FIRM, and are the areas between the
limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. The areas of minimal flood
hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2-percent-annual-
chance flood, are labeled Zone C or Zone X (unshaded).
Chapter 17: ft uu
An a red adJdGGI IL Lu d watel1 17C, wI11111 drGa IS SutJJCGL LU IIUUIJIny iGS ulL
ur LIIC l,CU1I Cl IGC of dll IIitG1 I IledidtG ICyl Vildl fluud dllli wliii,11 di CcrlIIus IS 0V dUVGIJC LU �1dSL, GUI[Gllt VI
furdaeedbk GUI ISLI UGLIul1 lit I1C II U USG Gib Lo 1.U11.5LILULG d Sll�. lllrlcant haLdrd Lu piL,IIU health drld ad(GLy Ur Lo
piupei y. TIIC LCi111 [IIGIud.IGS, Ilul 1S IIUL llrllltGU LU.
Chapter 18:
Chapter 19:
Chapter 20:
M ciii i i earirrluodE,JldrilJ.
. UGUI IS -I di 11TUUL1tllGUI IS.
. Ury V'1a5n GI !di II ICdlld Illy wci J I [Iuud 1.Jldll IS.
Chapter 21: & W[ ierG tl IG II i1efl I t dic LC rey[unal flood i ids r iut LJGC! i deter I I III ICt), IIUUI,Iplcum Sl id[1
IIIGdl! d11 dlad tIIdl [S t1VC (5) vtILI(,.dl fdCt UI LVVCiily (20) IIUI!GUI lid' fCCt 4VIIIC.Ii1VCI IS yitd[C1, hum LIIC lliyfl
VVdlui Iola VI LIIC IIIyFI VVd[ei t,711if11U Uf LI le 111dAIl i'U111 f1UUli Ur 1GUUlL1, whIL, I IUVGI iITGLl iud Ur CU! Ilt./u Ld Ll Uii IS
FLOODPLAIN ADMINISTRATOR - The community official designated by title to administer and enforce
the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT — A permit required before construction or development begins
within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community,
the community shall require permits for all proposed construction or other development in the community
including the placement of manufactured homes, so that it may determine whether such construction or
other development is proposed within flood -prone areas. Permits are required to ensure that proposed
development projects meet the reauirements of the NFIP and thisfloodplainmanagement ordinance.
FLOODPLAIN MANAGEMENT - The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans. flood
control works and floodplain management regulations_
FLOODPLAIN MANAGEMENT REGULATIONS - Zoning ordinances. subdivision reaulations, building
codes. health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance
and erosion control ordinance) and other applications of police power. The term describes such state or
local regulations, in any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
Page 30 of 33
000C33
BOCC: December 4, 2013
Page 31
FLOOD CONTROL STRUCTURE - A physical structure desianed and built expressly or partially for the
purpose of reducing. redirecting. or guiding flood flows along a particular w terwav Th se specializ flood
modifvin w r r n t t in nfo n wit ou n in r' to rd
_FLOODPROOFING - Anv c.mon of structural and/or non-structural additions. chanaes. or
m r which r r li in fl e r al t r im r v r al r
Lister and sanitary facilities. structures and their contents.
FLOODWAY (REGULATORY FLOODWAYI - The channel of a river or other watercourse and 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 heiaht to be used for all newly studied reaches shall be one-half foot (six inches). Letters of
Map Revision to existing floodway delineations may continue to use the fl odwav criteria inplace at the
time of the existina floodway delineation.
FRFJBOARD - The vertical distance in feet Qbove a predicted water surface elevation intended to provicig_
a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the
heiaht calculated for a selected size flood such as debris blockage of bridge ggeninas and the increased
runoff due to urbanization of the watershed.
HIQHEST ADJACENT GRADE — The hiahest natural elevation of the around surface prior to construction
next to the proposed walls of a structure.
Chapter 22: LANDSLIDE ir+Caulb fallirry, alINNrrly ur fluwnly of a melba of land !loin a lri911C1 to a Iuwer'
ors to the downward and outward movement of slope-formina materials includina soil. artificial fill.
or a combination of these materialI.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F) — FEMA's modification of the Special Flood Hazard
Ar FA w n th Flo Ins an ate a I a o the a e nt fill t th tin
regulatory floodway.
Chapter 23: LOWEST FLOOR means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure. usable solely for parkina of vehicles. buildina access
o stor a in n a o her th n a asemen rea is no considered a buildina's lowest floor: provided, that
such enclosure is not built so as to render the structure in violation of the applic-.1- •n-- -v. i. . - i.n
gauirement of Section 60.3 of the National Flood Insurance Program reaulations.
Chapter 24: i41AINSTR
.suLijiu to NCr ludic fluudir lg.
au is MI ai ea adJat,cr rt to a Nei ennui l alr ddr r r ll vat i
Page 31 of 33
Liuni
BOCC: December 4, 2013
Page 32
Chapter 25- MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or
contiguous parcels) of land divided into two or more manufactured home Tots for rent or sale.
MOBILE HOME PARK, (MANUFACTURED HOME PARK OR SUBDIVISION) means any plot of ground
upon which two (2) or more mobile homes occupied or intended to be occupied for dwelling or sleeping
purposes are located for any period of time, regardless of whether or not a charge is made for such
accommodations and whether or not the mobile home and/or land are owned by the occupants.
Chapter 26 NEW CONSTRUCTION means, for the purpose of determining insurance rates.
structures for which the "start of construction" commenced on or after the effective data of an initial FIRM
or after December 31. 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for which the "start
of construction" commenced on or after the effective date of a floodplain management regulation adopted
by a community and includes any subsequent improvements to such structures.
Chapter 27: NEW 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
manufactured homes are to be affixed (including at a minimum, the initial installation of utilities, the
construction of streets and either final site grading or the pouring of concrete pads) is completed on or
after the effective date of floodplain management regulations adopted by a community.
Chapter 28: NO -RISE CERTIFICATION — A record of the results of an engineering analysis
conducted to determine whether a project 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 standard step -backwater computer model used to _
develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and
Floodwav Mao (FBFM).
Chapter 29: RECREATIONAL VEHICLE means a vehicle which is:
1. built on a single chassis: -,
2. 400 sf or less when measured at the largest horizontal protections;
3. designed to be self-propelled or permanently towable by a light duty truck; and
4. designed primarily not for use as a permanent dwelling but as a temporary living quarters for
recreational, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA (,AREA OF SPECIAL FLOOD HAZARD) is the land in the floodplain
within a community subject to a one percent or greater chance of flooding in any given year.
START OF CONSTRUCTION - The date the building permit was issued, including substantial
improvements, provided the actual start of construction, repair. reconstruction. rehabilitation. addition,
placement, or other improvement was within 12 months of the permit date. The actual start means either
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:
Page 32 of 33
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