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HomeMy WebLinkAboutR07-128 Land Use Regulations AmendmentZ moved adoption,: of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007- Eagle County File No. LUR -0078 Floodplain Overlay Zone District Regulations IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS TO: UPDATE THE FLOODPLAIN OVERLAY ZONE DISTRICT TO RECOGNIZE REVISED FLOODPLAIN MAPPING. WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board "), is authorized, pursuant to state enabling legislation including, but not limited to, C.R.S. 30 -28 -101, et seq., to plan for and regulate the use and development of land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, Eagle County is experiencing high rates of population growth, increased population density and increased environmental pressures as a result of land development within Eagle County; and WHEREAS, the construction of new developments within the County is placing significant additional demands on the natural and human -made environment alike; and WHEREAS, the volume and pace of land development in the County threatens the natural environmental attributes of Eagle County; and WHEREAS, the Board finds and determines that one of the primary roles of development review is to ensure that changes in land use are awarded in such a manner that will promote and protect the convenience, order, prosperity and welfare of present and future inhabitants and visitors of Eagle County; and WHEREAS, the Board finds and determines that the amendments to the Eagle County Land Use Regulations as contained herein and attached as Exhibit `A', are necessary and designed for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the County's goals, policies and plans, including the Comprehensive Land Use Plan. 1) NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado APPROVED File No. LUR -0078. FPC COUNTY. CO B]32673 2/14/2007 iiiii�lllll U'ul DOC: IIII� VIII II�II!IIl1111! VIII I!II I!IIG' IIlil liv IVI MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regulaz meeting held the 4~' day of December, 2007, nunc pro tunc to the 13`" day of November, 2007. ATTEST: By: Clerk to the Boazd of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS By: ' Arn nconi, Chairman By: Saza J. Fisher, C mmissioner B /~ , Peter F. Runyon, Commissio Commissioner ~ seconded adoption of the foregoing Resolution. The roll having been called, the v e was as follows: Commissioner Arn M. Menconi Commissioner Saza J. Fisher Commissioner Peter F. Runyon This Resolution passed by _~ vote of the Boazd of County Commissioners of the Count of Eagle, State of Colorado. y 2 EXHIBIT "A" SECTION 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT (orig. 0l/o4/os) A. Applicability. The provisions and regulations of this section shall apply to all lands within the unincorporated area of Eagle County which aze located within the Floodplain Overlay (FO) zone district. If a structure, lot, or other pazcel of land lies partly within the FO zone district, the part of such structure, lot, or pazcel lying within the district shall meet all requirements for the FO zone district. B. Liability. The degree of flood protection intended to be provided by this section has been determined to be reasonable for regulatory purposes and is based on engineering and scientific methods of study. Floods of greater magnitude may occur and flood heights may be increased by man-made or natural causes, such as ice jams and bridge or culvert openings restricted by debris. This zone district does not imply that the azeas outside floodplain zone district or land uses permitted within such azeas will be free from flooding or flood damages or that compliance with these regulations will prevent any or all damages from flooding. Nor shall this article create a liability on the part of, or a cause of action against, the County of Eagle or any officer or employee thereof for any flood damages that may result from reliance on this azticle or any administrative decision. C. Designation of Floodplain Management Administrator. The Board of County Commissioners hereby designates the County Engineer or his/her designee as the Floodplain Management Administrator to assist in the implementation and administration of the FO zone district regulations. Duties of the Floodplain Management Administrator shall include the following: 1. Set Fees. Receive completed applications and set the fees associated therewith. 2. Review Applications. Review all permit applications to determine whether the requirements of the FO zone district have been satisfied and all necessary permits have been obtained from local, state, or federal agencies from which prior approval is required by law, including Section 404 of the Federal Water Pollution Control Act. 3. Set Base Flood Elevation (BFE). Obtain, review, and reasonably utilize any base flood elevation data available from state, federal, or other sources. 4. Maintain Lowest Floor Elevation Records. Obtain and maintain the actual elevation records and certificates of the lowest floor, including the basement, of all new or substantially improved structures, and, if the structure has been flood proofed, the elevation to which the structure was flood proofed; and certification by a registered Professional Engineer in the State of Colorado or azchitect that the flood proofing methods for any non-residential structure meet the flood proofing criteria. 5. Maintain All Records. Maintain for public inspection all records pertaining to the provisions of the FO zone district including records of permits granted and records of all vaziance actions with justification for their issuance. Variances issued shall be reported on an annual basis to the Federal Insurance Administration. 6. Notify Communities and Agencies. Notify adjacent communities, potentially impacted communities and property owners, and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 7. Determine if Development is in Floodway or Flood Fringe. Determine whether the site for a proposed development is located in a floodway, the flood fringe, or outside the floodplain pursuant to section 3-350 H of the FO zone district. 8• Approve Floodplain Development Permits. Review all permit applications which involve a use or structure enumerated in sections 3-350 F, 3-350 G and 3-350 H ofthe FO zone district and based thereon, either approve the application and grant a permit, or deny the application pursuant to section 3-350 J. 9. Administer FO Zone Districts. Carry out other administrative duties in the implementation and administration of the FO zone district regulations as the Board of County Commissioners may from time to time delegate to the Floodplain Management Administrator. 10. Interpret Maps. Make interpretations where needed, as to the exact location of the boundaries of the FO zone district where there appears to be a conflict between a mapped boundary and actual field conditions based upon an engineering study by the applicant. 11. Make Recommendations to the Zoning Board of Adjustment. Review and transmit recommendations to the Zoning Board of Adjustment regarding requested variances and appeals pursuant to Section 5-260. 12. Make Recommendations on Amendments to the FO Zone District. Review floodplain reports approved by the Colorado Water Conservation Board and make recommendations to the Planning Commission and Board of County Commissioners regarding necessary amendments or additions to the FO zone district. D. Official Floodplain Maps. The FO zone district is comprised of the Special Flood Hazard Area (SFHA, formerly referred to as the "100 year floodplain"~ of the rivers and creeks in unincorporated Eagle County. 1. Designation of Official Maps. The following reports designate the location and boundaries of the FO zone district: a. A report entitled "Flood Insurance Study Eagle County Colorado and Incoroorated Areas." (FIST effective December 4 2007 as prepared by FEMA, Flood Insurance Studv Number "08037CV000A" which contains detailed flood hazard information for the Roann Fork River The Ea le River Brush Creek and Gore Creek and its tributaries. ' ~ , ' ~ , 4 ,.,,...~ .... ~t~de~c eai,. ,~c~,°o~~ fe~rlfe~vj-6~ery~,A,seeiateS-ifi1E Est ~~Vlt~" 41.e Ce.7..- 1 i A .7 ~,. ~' m-.-~rc:-m [vRv b. Flood Insurance Rate Maps prepared by FEMA for Eagle County, last revised ~u. '~°~~'c ' °Q'Decembez 4, 2007. c. Floodplain Information Report of the Roaring Fork and Frying Pan Rivers, Eagle County, Colorado, prepared by Wright-McLaughlin Engineers and dated February, 1978. d. United States Department of the Interior, Geological Survey Maps of Flood-Prone areas for the Basalt Quadrangle, Edwards Quadrangle, Eagle Quadrangle, Gypsum Quadrangle, Minturn Quadrangle, and Wolcott Quadrangle dated 1974. e. Gore Creek Floodplain Information, Vail, Eagle County, Colorado, prepared by Hydro-Triad, Ltd., and dated June, 1975. f. Flood Information Report, Roaring Fork River, Town of Basalt, Eagle and Pitkin Counties, Prepared by Matrix Design Group dated November 14, 2001. g. Flood Information Report, Eagle and Colorado River, Eagle County, Colorado prepared by Matrix Design Group dated August 22, 2003. h. Digital FIRM (DFIRM) mapping available from FEMA's Map Service Center htto://msc.fema.gov ~i. Any further floodplain studies that have been approved by the Board of County Commissioners with the prior concurrence of the Colorado Water Conservation Board. 2. Adoption of Floodplain Maps. Maps officially adopted by the Board of County Commissioners as a part of the FO zone district may be amended in accordance with the procedures prescribed in Section 5-230, Amendments to the Text of These Land Use Regulations or the Official Zone Change Map. 3. Public Inspection of Maps. The Eagle County Engineering Department shall keep copies of the reports cited in Section 3-350 D.1 on file and open to public inspection. 4. Interpretation of Official Maps. Where interpretation is needed as to the exact location of the boundaries of the FO zone district, the Floodplain Management Administrator shall make the necessary interpretation by referring, as necessary, to the engineering study upon which the maps and elevations are based, to the professional engineers who prepared the study, to the Colorado Water Conservation Board, and/or the Federal Emergency Management Agency. The base flood elevations, as shown on the flood profiles and in the floodway tables of the Eagle County Flood Insurance Study as prepared by the Federal Emergency Management Agency, shall be the governing factor in determining accurate boundaries. E. Division of the Floodplain Overlay Zone District. The FO zone district within the unincorporated territory of the County of Eagle subject to these regulations is hereby divided into the following areas. Flood-prone area. The flood-prone area means an approximate area encompassing the azea in and adjacent to a stream or other watercourse, which is subject to flooding as the result of a base flood, the water surface elevations of which have not been determined by detailed engineering study. Such azea is equivalent to the "are~s€~speetal-deed I~ardsSpecial Flood Hazard Area (SFHA)" designated as any of the "Zone A's" on Flood Insurance Rate Maps (FIRM) or DFIRM and to "Flood-prone Areas" on U.S. Geological Survey Flood-prone Area Maps. 2. Floodway. The floodway means the high hazard azea and encompasses an azea which includes the channel of a stream or other watercourse and any adjacent floodplain azeas which aze reasonably required to cant' and dischazge the floodwaters of a base flood and which must be kept free of development so the base flood can be carried without an increase in flood height. If the floodway is not identified, it is considered to be identical to the floodplain. Specifically, a floodway is defined as the stream channel plus any adjacent floodplain azeas that must be kept free of development so the base flood can pass with no more than a 0.5 foot increase in the water surface elevation or the energy grade line, providing hazardous velocities aze not produced for all rivers except the Roazing Fork River. The floodway for the Roazing Fork River is defined as the stream channel plus any adjacent floodplain areas that must be kept free of development so the base flood can pass with no increase in the water surface elevation or the energy grade line. However, for all rivers, in no instance shall the floodway-flood fringe boundary be closer than twenty-five (25) feet to the natural streambank. 3. Flood Fringe. The flood fringe means the azea, encompassing that azea between the outer boundary of the floodway and the outer limit of the ~-AA-yeaf #~eed~,aieSpecial Flood Hazard Area (SFHA). I''. Regulations of Flood-Prone Areas. The provisions of this section shall apply to each Flood- Prone area as identified on the official map or maps listed in Section 3-350 D. 1. Fooodplain Development Permit Required. No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within aFlood-Prone area without first obtaining a floodplain development permit. 2. Prohibited Uses. No development on or over any portion of a Flood-Prone azea shall be permitted which alone, or cumulatively with other such activities, would cause or result in any of the following: a. The storage or processing of materials that in time of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal or plant life. b. The disposal of garbage or other solid waste materials. 6 c. The potential of substantial solid debris or waste being carried downstream by floodwaters. d. The increase in the level or likelihood of flooding on the property or on any other properties that may be impacted by the development. 3. Allowed Uses. The following uses shall be allowed within aFlood-Prone azea: a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, and sod farming. b. Private and public recreational uses, such as golf courses, tennis courts, driving ranges, azchery ranges, picnic grounds, boat launching ramps, swimming azeas, pazks, wildlife and nature preserves, tazget ranges, shooting preserves, trap and skeet ranges, hunting and fishing azeas, fish hatcheries, and hiking, biking and equestrian trails, except that structures accessory to such uses shall not be located in a Flood-Prone azea. 4. The Flood Hazard's Specific Extent Has Not Yet Been Determined. The specific extent of the flood hazard has not yet been determined in a flood-prone area. The boundazies of the flood-prone azea are based on physical factors indicating flow and direction of water, historical flood experience, or other readily available data. 5. Determine if in Floodway or Flood Fringe. The flood hazard is of such significance that before any proposed development, other than those uses enumerated in subsection 3, of this section 3-350 F, may be permitted in any portion of such azea, public health, safety and welfare require that a determination shall be made as to whether the site of the proposed development or activity is located within a floodway or flood fringe. The Floodplain Management Administrator shall make such determination promptly and as may be appropriate and practical. Any application for a permit to conduct development in a Flood-Prone azea shall not be considered complete or be accepted unless and until it is accompanied by the results of studies necessary to determine whether the proposed development is located in a floodway or flood fringe. 6. Technical Criteria. These floodplain studies shall meet the technical criteria established by the Colorado Water Conservation Board and the Federal Emergency Management Agency for the review and designation of floodplain delineation studies. 7. Notice of Floodway or Flood Fringe Determination. Upon receipt of the completed study and a determination by the Floodplain Management Administrator that such study is true and accurate; the Floodplain Management Administrator shall inform the applicant in writing whether the site of the proposed development or activity lies within any of the following: a. The floodway, in which case further processing of the application shall be governed by section 3-350 H, and the applicable provisions of this Section. b. The flood fringe, in which case further processing of the application shall be governed by section 3-350 G, and the applicable provisions of this Section. c. None of the above, in which case none of the provisions of the FO zone district shall have any further applicability to such application. G. Regulations for the Flood Fringe. The provisions of this section shall apply to each flood fringe area as identified in one of the official FO zone district maps. 1. Fooodplain Development Permit. No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within a flood fringe without first obtaining a floodplain development permit. 2. Stream Setbacks. When applicable, a floodplain development permit will only be issued if a variance from the Zoning Board of Adjustments pursuant to Section 5-260 or variation from the stream setbacks approved as part of Planned Unit Development pursuant to Section 5-240 has been obtained. 3. Prohibited Uses. No development or uses on or over any portion of the flood fringe shall be permitted which alone, or cumulatively with other such development or uses, would cause or result in any of the following: a. The storage or processing of materials that in time of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal, or plant life. b. The disposal of garbage or other solid or liquid waste materials. c. The potential of substantial solid debris or waste being carried downstream by floodwaters. d. The construction or improvement of a structure, whether fixed or mobile, such that any external wall shall be not less than fifteen (15) feet from the stream side of the flood fringe. e. The lowest floor, including the basement, of any such building or structure shall be not less than one (1) foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation, compacted with slopes and protected by vegetated cover. f. The lowest interior grade, including crawl spaces, shall not be lower than the base flood elevation. 4. Allowed Uses. The following uses shall be allowed within the flood fringe: a. Residential Structures. Residential structures and uses are allowed provided that: (1) Any residential structure, whether fixed or mobile, designed for human occupancy or the storage of properly, shall be constructed, located or improved so that any external wall shall be not less than fifteen (1 S) feet from the stream side of the flood fringe. (2) The lowest floor, including the basement, of any such building or structure shall be not less than one (1) foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation, compacted with slopes and protected by vegetated cover. (3) The lowest interior grade, including crawl spaces, shall not be lower than the lowest adjacent grade. b. Nonresidential Structures. Nonresidential structures or uses are allowed provided that: (1) Any nonresidential structure shall be constructed, located or improved so that any external wall shall be not less than fifteen (15) feet from the stream side of the flood fringe. (2) Any nonresidential structure shall either have the lowest floor, including the basement, not less than one (1) foot above the BFE; or together with attendant utility and sanitary facilities shall be flood proofed so that below the computed BFE the structure is water tight with walls substantially impenmeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by an engineer or architect registered in the State of Colorado that the standards of this subsection are satisfied. Such certifications shall be submitted to the Floodplain Management Administrator or its designated representative and provide that where a non-residential structure is intended to be made watertight below the BFE, (i) a registered professional engineer or architect in the State of Colorado shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with cunent technical criteria, and (ii) a record of such certificate which includes the specific elevation (in relation to the appropriate datum) that the structures are flood proofed. All flood proofing shall meet the current technical criteria set by the Colorado Water Conservation Board and the Federal Emergency Management Agency. Such certifications shall be provided to the Floodplain Management Administrator. (3) In the event that floodwaters in the flood fringe can be expected to attain a velocity greater than three (3) feet per second (at any point where the proposed development is to occur), additional flood proofing shall be required sufficient to withstand such greater water velocity. (4) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, and sod farming. (5) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming azeas, pazks, wildlife and nature preserves, trap and skeet ranges, hunting and fishing azeas, fish hatcheries, hiking, biking and equestrian trails. (6) Open area residential uses such as lawns, gardens, parking areas, and play azeas. (7) Uses accessory to open space or uses for which a permit is required under the FO zone district. (8) Railroads, streets, roads, bridges, utility lines and facilities, and structures for irrigation, drainage or flood control. H. Regulations for the Floodway. The provisions of this section shall apply to each floodway as identified on the official FO zone district maps. 1. Floodplain Development Permit. No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within the floodway without first obtaining a floodplain development permit. 2. Prohibited Uses. No development, encroachment, use, or alteration in, on, or over any part of the floodway shall be permitted which alone or cumulatively with other such uses would cause or result in: a. The occupation of permanent or temporary structures. b. The development or use of overnight campgrounds and travel trailer parks. c. The storing or processing of materials that aze buoyant, flammable, explosive, or otherwise potentially injurious to human, animal or plant life. d. Solid waste disposal sites and central collection sewage treatment facilities. e. The potential of solid debris (including, but not limited to gazages, storage sheds, decks, fences, etc.) or waste (including, but not limited to septic systems, etc.) being carried downstream. t: An encroachment that would adversely affect the efficiency and capacity of the floodway or change the direction of flow or cause any increase in the base flood elevation or so as to cause foreseeable damage to others, wherever located. g. An encroachment, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels or velocities during the occurrence of the base flood dischazge. 10 3. Allowed Uses. The following uses shall be permitted within the floodway to the extent that are not prohibited in a particulaz azea by any underlying zoning district and only if they do not adversely affect the efficiency of the floodway, change the direction of flow or increase the BFE. a. Agricultural uses such as general farming, grazing of livestock and horses, sod farming and wild crop harvesting. b. Uses accessory to residential uses including but not limited to lawns, open azeas, gardens, driveways and play azeas. c. Recreational uses not requiring permanent or temporary structures designed for human habitation. d. Road and highway structures. I. Mobile Home Parks and Recreational Vehicle Parks. The provisions of this section shall apply to all mobile home pazks and recreational vehicle pazks currently in the FO zone district, or proposed to be in the FO zone district. 1. Anchors. Use of existing mobile homes within the floodway, the flood fringe or a flood- prone area may be continued as a nonconforming use provided, however, that any mobile home located within the floodway, the flood fringe and/or aflood-prone azea shall be anchored to resist flotation, collapse or lateral movement in the event of flooding by providing over-the-top and frame ties to ground anchors. Specific requirements shall be as follows: a. Over-the-top Ties. Over-the-top ties be provided at each of the four corners of the mobile home with two additional ties per side at intenmediate locations, with mobile homes less than fifty (50) feet long requiring one additional tie per side. b. Frame Ties. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with homes less than fifty (50) feet long requiring four additional ties per side. c. Components. All components of the anchoring system be capable of carrying a force of 4,800 pounds. d. Additions. Any additions to the home be similazly anchored. 2. New Mobile Homes in the Floodplain. Development of new mobile home parks, the expansion of any existing mobile home parks, the placement of any mobile homes outside a mobile home pazk within the floodway, flood fringe or a flood-prone area shall be prohibited. 3. Lowest Floor Above the BFE. All new mobile homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the mobile home is one foot above the BFE. 4. Recreational Vehicles. Recreational vehicles that meet the following conditions may be located in the flood fringe: a. The recreational vehicle is located on the site for fewer than one hundred eighty (180) consecutive days. h• The recreational vehicle is fully licensed and ready for highway use. J. Floodplain Development Permit. A floodplain development permit shall be obtained from the Floodplain Management Administrator before the start of construction or development within the FO zone district. 1• Contents of Floodplain Development Permits. Applications for floodplain development permits are to be submitted to the Floodplain Management Administrator and shall include the following information as applicable: a. Application Form. A completed application fonm with all necessary information completed. b. Site Plan. A plan at a scale of 1 "=200' or as approved by the Floodplain Management Administrator, stamped by an engineer registered in the State of Colorado, which includes: (1) the site location. (2) a legal description of parcel. (3) base flood limits and water surface elevations. (4) floodway limits. (~ channel of watercourse. (6) existing and proposed contours or elevations at no more than 2' intervals. (7) existing and proposed structures, with the lowest floor elevations (including basements and garages) of each structure. ($) proposed elevations to which structures will be flood proofed (if applicable). (9) location and elevations of existing streets, water supply, and sanitation facilities. (10) limits and total land area of all existing and proposed impervious surfaces, including structures. (11) existing water supply ditches, irrigation ditches and laterals. (12) all maps shall comply with the National Map Accuracy Standards. 12 c. Channel Cross-Section. Atypical cross-section showing: (1) the channel of the watercourse. (2) limits of floodplain adjoining each side of channel. (3) cross-section area to be occupied by the proposed development. (4) existing and proposed base flood elevations. d. Construction Specifications. Specifications for construction and materials of buildings, flood proofing, filling, dredging, grading, channel improvements, storage of materials, water supply, and sanitation facilities as applicable. e. Alteration of Water Course. Description of the extent to which any water course will be altered or relocated as a result of the proposed development. f. Floodway Floodplain Development Requirements. If development is proposed in a floodway then a floodway analysis by a Colorado Registered Professional Engineer must be completed using methodology acceptable to the Federal Emergency Management Agency and Colorado Water Conservation Board and must meet the following guidelines: (1) If a detailed hydraulic floodway analysis has not been performed, the responsibility for determining the floodway boundary rests with the floodplain development permit applicant. The need for a detailed hydraulic floodway analysis shall be the decision of the Floodplain Management Administrator. (2) The Floodplain Management Administrator may require that the detailed hydraulic floodway analysis be based on the identical hydraulic model which was used to develop the engineering study currently adopted by the Board of County Commissioners, if available. The applicant should obtain, through the Floodplain Management Administrator, a copy of the input data representing the computer model used for the effective flood hazard study if available. (3) The model must then be updated to existing hydraulic conditions to determine what increase in the 100 year water surface elevation levels have already been achieved by development since the floodplain was established. (a) Alternate floodway configurations may then be analyzed based on methods as outlined in the current U.S. Army Corps of Engineers HEC-RAS Water Surface Profiles Users Manual and submitted to the Floodplain Management Administrator for review and approval. 13 (b) Approval will be based on demonstration that the cumulative effects of the proposed development, plus the effects of development since the original flood hazard area was established, does not cause a rise in the base flood elevation. (c) At the Floodplain Management Administrator's discretion, where a regulatory floodway has been designated, it may not be necessary to determine the cumulative effects of existing development. (4) Floodway boundary configurations will be examined and approved by the Floodplain Management Administrator. The following specific information, for the stream reach 1000 feet upstream and 1000 feet downstream from the proposed encroachment, must be submitted: (a) A copy of the printout for the hydraulic computer model representing the base flood profile run for conditions existing at the time the currently effective floodplain was developed. The printout must include the full input and output listing. (b) A copy of the printout from the hydraulic computer model representing the floodway run for the proposed floodway configuration and including developments and other hydraulic changes within the floodplain since the currently effective floodplain was established. The printout must include the full input and output listing with all input changes from the original model highlighted. (c) A copy of the floodway data table representing data for the proposed floodway configuration. (d) A copy of the currently effective official engineering study showing the existing floodplain and the proposed floodway configuration. (e) Certification from a Colorado Registered Professional Engineer that the proposed floodway configuration, in combination with current floodplain hydraulic conditions, meets FEMA and CWCB requirements when evaluated against flood elevations established when the original floodplain study was completed. (f1 Electronic copies of all aforementioned data and model input files of this section shall be submitted on a suitable medium g. Report. An engineering report addressing those standards set forth in this section, signed and sealed by a Colorado Registered Professional Engineer. 2. Standards for Permit Review. 14 a. Completeness. No later than (10) days following receipt of a completed application for a floodplain development permit, the Floodplain Management Administrator shall: (1) Determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all heazings, copying, mailings, publications, labor, overhead, consultants, experts, and attorneys that the county deems necessary, and shall notify the applicant in writing of the amount of the fee. Until the fee is paid to the Floodplain Management Administrator, the application for the floodplain development permit shall not be further processed. (2) Determine if the application is complete. If the application is not complete the Floodplain Management Administrator shall in writing notify the applicant of the deficiency of the application. Until the information is submitted to the Floodplain Management Administrator, the application for the floodplain development permit shall not be further processed. (3) The amount of the fee may be increased at any time if it is determined by the Floodplain Management Administrator that the fee is not sufficient to cover all costs associated with the floodplain development permit. b. Review of Application. Once the application is complete and the fee is paid, the Floodplain Management Administrator shall within thirty (30) days either: (1) Approve the application and grant a permit if the proposed development complies with these regulations. The Floodplain Management Administrator may attach such permit conditions as deemed necessary in furthering the purpose of the FO zone district. (2) Deny the application if the proposed development does not comply with the regulations of the FO zone district. The decision of the Floodplain Management Administrator shall state, in writing, reasons for the decision and shall be given to the applicant. c. Permit Issued Only for Allowed Use. A floodplain development permit shall not be issued unless the proposed development complies with the standazds and uses allowed in the FO zone district and will not otherwise violate the purposes and intent of these Floodplain Regulations. d. Determination of Flood Hazard. In reviewing an application for a floodplain development permit, the Floodplain Management Administrator shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. e. Other Permits and Approvals. The floodplain development permit applicant must obtain all other necessary permits and approvals from which approval is 15 required by local, Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. f. Issuance of Permit. If the Floodplain Management Administrator determines that the application for a floodplain development permit meets the purposes and requirements of this Section, the floodplain development permit shall be issued, with the attachment of any conditions as deemed necessary to further the purposes of this Section. Such conditions may include, but are not limited to, specifications for modification of waste disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restriction, and adequate flood proofing. 3. Building Permit. The Chief Building Official shall not issue any permit for, nor shall the Community Development Director allow any use involving any building, structure, or other development within the FO zone district unless a floodplain development permit has been granted for the development. 4. Permit Expiration. A floodplain development permit shall expire two years after the date of issuance if the permittee has not commenced construction under the permit. 5. Waiver of Submission Requirements. The Floodplain Management Administrator may waive any part but not all of the submission requirements imposed by the FO zone district upon petition by the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought, and/or full compliance with the submission requirements would be unreasonable burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the Floodplain Management Administrator, upon written determination that the information to be submitted is sufficient for the Floodplain Management Administrator to arrive at a permit decision in full compliance with the law and these Floodplain Regulations and that the proposed development will have an insubstantial impact on the surrounding area. 6. Notice to Purchaser or Lessee. In addition to the provisions set forth in the Administrative Regulations, in the event that a permit issued under these Floodplain Regulations allows a structure to be located in a floodplain, the terms of the permit shall require notice that the structure is being located in a floodplain and must be disclosed to the purchaser or lessee in the purchase contract, deed or lease. 7. Permit Conditions. The Floodplain Management Administrator may attach such conditions to granting of a permit for proposed development in the floodway, the flood fringe or a flood-prone area, as he deems necessary in furthering the purposes of these Floodplain Regulations. Such conditions may include, but not be limited to, specifications for modifying waste disposal and water supply facilities, landscaping, deed restrictions, or adequate flood proofing. 16