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R89-043 adopting guidelines/regulations for 1041'sS $ a Commissioner Qi moved adoption of the fol owl ing �soiu ion n- BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89 - ; A RESOLUTION READOPTING AND AMENDING THE "GUIDELINES AND REGULATIONS FOR AREAS AND ACTIVITIES OF STATE INTEREST OF THE COUNTY OF EAGLE, STATE OF COLORADO ", RESOLUTION NO. 80 -25, AS AMENDED BY RESOLUTION NOS. 80 -34, 80 -50, 80 -62, 81 -11, 84 -20, 84 -31, AND 85 -11 WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board ") is authorized pursuant to Article 65.1, Title 24 of the Colorado Revised Statutes, to establish and designate certain areas and activities of State interest; to adopt regulations and guidelines to be used in connection with such designated matters of State interest; to establish and designate a Local Permit Authority to receive applications for development in or conduct matters of State interest; and to exercise other powers in connection therewith; and WHEREAS, the Board on April 14, 1980, pursuant to Resolution No. 80 -25, established and designated the following activities of State interest: a. Site selection and construction of major new domestic water and sewage treatment systems; and b. Major extensions of existing domestic water and sewage treatment systems; and C. Efficient utilization of municipal and industrial water projects; adopted regulations and guidelines to be used in connection with matters of State interest; established by the Board of County Commissioners of Eagle County as the Eagle County Permit Authority to receive applications for development in an area of State interest or for conduct of an activity of State interest, and to exercise other powers granted it in connection therewith; adopted certain forms to be used in designating matters of State interest, and a permit application and permit form for development in or conduct of a matter of State interest; and provided for a reasonable fee for the cost of processing a permit application and hearings in connection therewith; and WHEREAS, the Board on June 6, 1980, pursuant to Resolution No. 80 -34, amended Resolution No. 80 -25 to reflect technical changes recommended by the Colorado Land Use Commission; and WHEREAS, the Board on September 24, 1980, pursuant to Resolution No. 80 -50, adopted Floodplain Regulations for the County of Eagle, State of Colorado, including the adoption of Official Maps delineating Floodplain Hazard areas within the unincorporated territory of the County of Eagle; designation of Floodplain Hazard Areas as an area of State interest; and the adoption of Regulations and Guidelines to be used in connection therewith; and WHEREAS, the Board on December 1, 1980, and March 2, 1981, pursuant to Resolution Nos. 80 -62 and 81 -11, respectively, amended the aforementioned Floodplain Regulations to reflect technical changes recommended by the Colorado Land Use commission and the Eagle County Environmental Health Office; to adopt additional official Maps delineating additional Floodplain Hazard Areas within the unincorporated territory of the County of Eagle, State of Colorado, and in conjunction therewith, to designate such additional Floodplain Hazard areas as an area of State interest; and WHEREAS, the Board on May 9, 1984, pursuant to Resolution No. 84 -20, substantively amended Chapters 1, 2, 3, 4, and 5, respectively, of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado; and WHEREAS, the Board on June 27, 1984, pursuant to Resolution No. 84 -31, substantively amended Chapter 6, of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado; and WHEREAS, the Board on February 12, 1985, pursuant to Resolution No. 85 -11, substantively amended Chapters 1, 2, 3, 4, and 5, respectively, of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado; and WHEREAS, the Board desires to amend the Floodplain Regulations, Chapter 6, with technical changes of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado as recommended by the Colorado Water Conservation Board to enable the County to participate in the National Floodplain Insurance Program and is more specifically identified and detailed in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, public notice of the hearing before the Board to consider the aforementioned amendment was duly published in the Eagle Valley Enterprise at least thirty (30) days prior to but within sixty (60) days of such hearing; and 2 4 � 3 WHEREAS, copies of the proposed amendments have been made available to the public at the offices of the Board and the Eagle County Department of Community Development continuously from and including the date of first publication of notice of public hearing described in the paragraph next above; and WHEREAS, the Board has been granted general authority by the State Legislature to adopt such proposed amendments as set forth in Exhibit A; and WHEREAS, the Board, having considered all of the testimony, regulations, guidelines, exhibits and other evidence presented at the aforesaid public hearings, finds that it is necessary and in the public interest to amend and readopt Chapter 6 of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as specifically amended by Resolution Nos. 80 -34, 80 -50, 80- 62, 81 -11, 84 -20, 84 -31 and 85 -11, respectively, is hereby amended as set forth in Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, Resolution No. 80 -25, as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, 81 -11, 84 -20, 84 -31 and 85 -11, respectively, is hereby amended as set forth in Exhibit A attached hereto. THAT, the entirety of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, Resolution No. 80 -25, and amended by Resolution Nos. 80- 34, 80 -50, 80 -62, 81 -11, 84 -20, 84 -31 and 85 -11, respectively, and as herein amended, is hereby readopted. THAT, this amendment and readoption of the Guidelines and Regulations for Areas and Activities of State Interest of the county of Eagle, State of Colorado, Resolution No. 80 -25, as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, 81 -11, 84 -20, 84- 31 and 85 -11, respectively, shall not constitute or be construed as a waiver of any violation existing at the time of adoption of this Resolution. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit, be declared by a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. 3 THAT, a copy of the above amendments shall be kept in the office of Community Development, county of Eagle, State of Colorado, and there made available for public inspection. THAT, this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting 1d the l Q � - day of March, 1989. Nunc pro tunc August 25, 1987. r c:ierx or tne c County Commissioners Chai E COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD 0 CO TY COMMISSIONERS Donaia m. we Commissioner � hs-e alT George A. Gates Commissioner Commissioner cgG( A) seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Donald H. Welch y Commissioner Richard L. Gustafson This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 9 FLOODPLh�N REGULATIONS y General and Introductory Provisions 6.06.01 Title and Citation These various sections constituting Section 6.06 of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado" may be cited as the "Floodplain Regulations" of Eagle County. 6.06.02 Statutory Authorization The Legislature of the State of Colorado has in Section 31 -23 -301, C.R.S. 1973, as amended, delegated the responsibility of local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Board of County Commissioners of Eagle County, Colorado does ordain as follows: FINDINGS OF FACT (1) The flood hazard areas of Eagle County are subject to periodic innundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1 METHODS OF REDUCING FLOC-D LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 1 - Added as per Resolution # , 3 (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling, filling, grading, dredging and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other area. 2 6.06.03 Purpose and Intent The purpose and intent of the regulations contained in this Section shall be to: i) Promote the public health, safety, and general welfare. 2) Regulate various floodplains constituting natural hazards of state and local interest, the occupation of which is likely to cause the loss of human life and the destruction of property and the imprudent occupation of which will pose a continuing and greater future danger to life and property without proper regulation of their use and occupation. 3) Facilitate the administration of floodplain hazard areas by establishing requirements which must be met before development in such areas is permitted. 4) Minimize significant hazards to public health and safety or to property in floodplain hazard areas, to encourage open space activities such as agriculture, recreation, and mineral extraction, and to ensure that any combination of these activities are conducted in a mutually compatible manner. 2 - Added as per Resolution # -2- 5) Prohibit the building of certain structures in Floodway Districts of floodplains and to require that structures permitted in Floodfringe Districts of floodplains are designed in terms of the availability of flood protection devices, proposed intensity of use, effects on the acceleration of floodwaters, potential significant hazards to public health and safety or to property, and other impacts of such development on downstream communities such as the creation of obstructions during floods. 6) Prohibit all activities which, in time of flooding, would create significant hazards to public health and safety, or to property and to protect shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems from inundation by floodwaters. 7) Prohibit the placement of fill materials and structures which would significantly obstruct flood flows to the potential damage of others or' cause potentially damaging debris to be carried downstream. 8) Protect the public from the burden of avoidable financial expenditures for flood control projects and flood relief measures. 9) Prevent avoidable business and commerce interruptions. 10) Minimize damages to public utilities, roads, and bridges. 11) Minimize victimization of unwary home and land purchasers. 12) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. 3 13) Minimize prolonged business interruptions; 4 14) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. 5 15) Ensure that those who occupy the areas of special flood hazards assume responsibility for their actions. 6 3, 4, 5, 6 - Added as per Resolution # -3- 6.06.04 Definiti,_-;ns Unless specifically defined her•einbelow or in Section 6.01.10 of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", words and phrases in these Floodplain Regulations are interpreted to give them the meanings they have in ordinary usage. "Accessory Use or Structure" means a subordinate use or structure customarily incidental to the principal use or structure and which is located on the same lot with the principal use or building. "Appeal" means a request for a review of the County's interpretation of any provisions of this ordinance or a request for a variance. 7 "Applicant" means any person applying for a permit to engage in development in a designated floodplain hazard area. "Area of Special Flood Hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. 8 "Base Flood" means a flood having a one percent (1 %) chance of being equaled or exceeded in any given year. The term is used interchangeably with "intermediate regional flood," "one hundred year flood," and "one percent chance flood." "Channel" means a natural or artificial water course of perceptible extent with definite bed and banks to confine and conduct continuously or intermittently flowing water. "Critical Feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. 9 "Debris Fan Floodpl means a floodplain located on triangular- shaped landform formed by deposition of water - transported rock fragments, soil and other debris where a tributary stream flows onto the floor of a larger trunk stream valley. "Designated Floodplain District (C-FD)" means and encompasses the area designated as a floodplain by official action of the Board of County Commissioners with the prior• concurrence of the Colorado Water Conservation Board as prescribed by statute. 7, 8, 9 - Added as per Resolution # -4- "Development" .;,pans any construction or activity that changes the basic character, use or the topography of the land on which the construction or activity occurs, including, but not limited to, any man -made change to improved or unimproved real estate, construction or substantial improvement of buildings or other structures; mining, dredging, filling, grading, paving, excavation, or drilling operations; dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, culvert, fence, encroachment or alteration located within the area of special flood hazard. 10 "Dry Wash Channel" means natural passageways or depressions of perceptible extent containing intermittent flow. "Dry Wash Floodplain" means an area subject to sudden overflow of floodwater or floodborne debris from a dry wash channel. "Energy Grade Line" means a line showing the total energy of the flow across a cross- section. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a) the overflow of streams, rivers or other inland water bodies or b) the unusual and rapid accumulation or runoff of surface waters from any source. "Floodplain" means an area of land periodically subject to partial or complete innundation from a flood. 11 "Floodplain Hazard Area" means one or more of the following: Floodprone District (FPD), or Designated Floodplain District (DFD). "Floodproofin•g" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway District (FWD)" means the high hazard area of a Designated Floodplain District and encompasses an area which includes the channel of a stream or other watercourse and any adjacent floodplain areas which are 10, 11 - Amended as per Resolution 84 31,6/27/84 -5- reasonably re'. r•ed to carry and discharge - the floodwaters of a base flood and which must be kept free of development so the base flood can be carried without substantial increase in flood height. If the floodway is not identified, it is considered to be identical to the Designated Floodplain District. Specifically, a Floodtay District may be 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 more than a .5 (1/2) foot increase in the water surface elevation or the energy grade line, providing hazardous velocities are not produced. However, in no instance shall the Floodway - Floodfringe boundary be closer than twenty -five (25) feet to the natural streambank. 12 "Floodtringe District (FFD)"" means the low hazard area and encompasses that area between the outer boundary of a Floodway District and the outer limit of a Designated Floodplain District. "Flood Insurance Rate Map (FIRM) " means an official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 13 "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary- Floodway Map and the water surface elevation of the base flood. 14 "Floodprone District (FP'D) " means and approximate area in and adjacent to a watercourse, which area is subject result of a base flood, the water which have not been determined by study. Such area is equivalent to flood hazard" designated as "Zone Rate Maps (FIRM) and to "Flood Pro Geological Survey Flood Prone Area to encompasses an stream or other flooding as the surface elevations of detailed engineering the "area of special A" on Flood Insurance ne Areas" on U.S. Maps. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flour of water so as to provide protection from temporary flooding. 15 "Levee System" means a flood protection system which consists of a levee, or levees, and associated structures such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. 16 12 - Amended as per Resolution 84 -31, 6/27/84 13, 14, 15, - Added as per Resolution # 16 - M h "Lowest Flooe- _means the lowest floor of The lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parl<ing of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this ordinance. 17 "Manufactured Home" means a structure which is transportable in one or more sections, built on a permanent chassis and which is designed for' use with or without a permanent foundation when connected to the required utilities. The term also includes parl< trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. This definition applies only to the administration of these floodplain regulations. "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean Sea Level" means, for purposes of the National Flood Insurance program and administration of these regulations, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Pate Map are referenced. "Near Construction" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "Nonconforming Use" means any structure, development, or land use in existence on the effective date of these Floodplain Regulations and not permitted under the terms and provisions of these Floodplain Regulations. "Obstruction" means any clam, wall, embankment, levee, dil<e, pile, abutment, projection, excavation, channel rectification, bridge, culvert, building, fence, stocl<pile, refuse, fill, structure, or matter in, along, across, or projecting into any floodplain which might impede, retard, or change the direction of flow of water, either by itself or by catching or collecting debris carried by such water. 17 - Amended as per Resolution 84 -31, 6/27/84 and per Resolution $ -7- "Program Gefi ..ancy"" means a defect in a community's flood plain management regulations or administrative procedures that impairs effective implementation of these flood plain management regulations or of the NFIP standards in Sections 60.3, 60.4, 60.5, 60.6. "Regulatory Flood Protection Elevation" means the elevation one (1) foot above the water surface elevation of the base flood. "Remedy a Violation" means to bring the structure or other development into compliance with State or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. "Start of Construction" includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of tempor-ary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 18 "Structure" gener•aTly means a walled and roofed building that is normally primarily above ground and affixed to a permanent site, including, but not necessarily limited to the following, earth sheltered str•uctur•es, manufactured homes, gas and liquid storage tanks, septic tanks, and sewage treatment facilities, agricultural storage tanks for chemicals, such as pesticides or fetilizers. 18, - Amended as per Resolution 84 -31, 6/27/84 and per Resolution ME "Substantial ...prorvement" means any repair reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market Value of the structure either: a) before the improvement or repair- is started or b) if the structure has been damaged and is being restored, before the damage occurred. The term does not include either: a) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or b) any alteration of a str listed on the National Register of Historic Places or on the Colorado State Historical Society's list of historical places. "Use" means any man -made or man- caused activity or structure on a parcel of land, temporary or permanent. 19 "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "Violation" means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in NFIP standards Sections 60.3 (b) (5), (c) (4), (c) (10), (d) (3), (e) (2), (e) (4), or" (e) (5) is presumed to be in violation until such time as that documentation is provided. "Water Surface Elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of riverine areas. "Watercourse" means a natural or artificial channel, depression, slough, dry wash, gulch, arroyo, stream, creek, drainageway, pond, reservoir or lake in which mater flows either continuously, intermittently or periodically. 19 - Amended as per Resolution 84 -31, 6/27/84 . 3 5.06.05 Authority These Regulations are adopted pursuant to, inter alia Section 24 65.1 -101, et seq. C.R.S. 1973, as amended, and Section 29 - 20 -101, et seq., C.R.S. 1973, as amended, and Section 30 -26 -101, et seq., C.R.S. 1973, as amended. 6.06.06 Applicability 1) These Regulations apply to applications for permits to engage in development in all designated floodplain hazard areas within the unincorporated territory of the County of Eagle. 2) Any person seeking to engage in development in any designated floodplain hazard area in the unincorporated territory of the County of Eagle shall obtain a permit pursuant to these Regulations before seeking any other permit, rezoning, or other action required by the County of Eagle. 3) No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this or other applicable regulations. 4) Subdivision proposals (a) All subdivision proposals shall be consistent with the need to minimize flood damage (b) All subdivisions proposals shall have public utilities and facilities such as sewer, electrical, gas and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Ease flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres. 5) In the interpretation and application of this ordinance, all provisions shall be: (a) (b) (c) Considered as minimum requirements; Liberally constructed in favor of the governing body; and, Deemed neither to limit nor other powers granted under statues. -10- repeal any state I 6.06107 Exemptin- 1) The portions of these Regulations authorized exclusively under Section 24- 65.1 -101, at seq. C.R.S. 1973, as amended, shall not apply to or affect any development set forth in Section 6.01.05 of the Administrative Regulations adopted by the County of Eagle. 2) The provisions of these Regulations shall not apply to a nonconforming use existing on the date the area in which the nonconforming use is located becomes subject to regulation. When such nonconforming use is discontinued for six months or more or a nonconforming structure is damaged or destroyed by flood, fire, wind, or any other means to the extent that at least fifty percent (50 %) of the market value, any reuse, reconstruction or replacement of such structure shall be deemed a new use and shall be subject to the provisions of these Regulations. In the event substantial improvement, as herein defined in Section 6.06.04, is commenced to any nonconforming structure or use, such substantial improvement shall result in the permanent change of the structure or use to a conforming use or structure of which the provisions of these Floodplain Regulations shall apply. 6.06.08 Relationship of Regulations to Other State and Federal Requirements 1) Nothing in these Regulations shall be construed as exempting an applicant for a permit from any other requirements of this County, State or Federal laws and regulations. 2) These Regulations are not intended to repeal, abrogate or impair any existing applicable requirements, easements, covenants, or deed restrictions which impose more restrictive requirements than these Regulations. Where these Regulations and another regulation, requirement, easement, covenant, or deed restriction conflict or overlap, the more restrictive requirements shall control. - 1 1 - J 3) In the _ rent of any conflict, inconsistency, or incongruity between the provisions contained - within this Section 6.06 "Floodplain Regulations" and the provisions contained within the remaining provisions and sections of the "Guidelines and Regulations for• Areas and Activities of State Interest for the County of Eagle, State of Colorado ", the provisions contained within this Section 6.06 shall in all respects govern and control in the regulation of development in designated floodplain hazard areas within the unincor•por•ated ter•ritor of the County of Eagle. 20 6.06. 09 Designation of Floodplain Hazard Areas The Eoar•d of County Commissioners having considered the intensity of current and foreseeable development pr•essur•es, applicable Guidelines for Identification and Designation adopted and issued by the Colorado Land Use Commission, the Model Floodplain Regulations proposed by the Colorado Water Conservation Board, in conjunction with the Colorado Land Use Commission, and the Flood Damage Prevention ordinance proposed by the Federal Insurance Administration of the Federal Emergency Management Agency, it is the order of the Board of County Commissioners that Floodplain Hazard areas be designated an area of State Interest and regulated pursuant to the provisions of this Section 6.06. 6.06.10 All Areas Designated Must be Listed All areas and districts within the unincor•por•ated ter•r•itor•y of Eagle County that are subject to designation and regulation under this section 6.06 ar•e listed and described in Sections 6.06.11 and 6.06.16, respectively, and as identified on the official Maps adopted by the County of Eagle. Any and all areas not so listed have not been designated and regulated under this section 6.06, but may be regulated under other applicable rules and regulations of the County of Eagle. 6.06.11 Description of Designated Floodplain Hazard Areas Eagle County hereby declares that all floodplains which are heretofore or• hereafter identified and designated as floodplain hazard ai °e•as in or-der- to meet the purposes and intent of these Regulations shall be listed herein: 20 - Amended as per Resolution 81 -11, 3/2/81 -12- 1) Where s - '1 data is available to q determine the effect thereof on existing or foreseeable land uses, the floodplain may be divided into a Floodprone District (FPD) and a Designated Floodplain District (DFD) of which the Designated Floodplain District may be further divided into a Floodway District (FWD) and a Floodfringe District (FFD). 6.06.12 Reasons for Designation Floodplain hazard area is hereby designated as an area of State interest for the reasons stated in subsection 6.06.02 of this Section 6.06. 6.06.13 Adoption of Official Map(s) 1) Prior to official adoption of any and all maps delineating floodplains, the Eagle County Planning Commission shall review such maps proposed for official adoption and present to the Board of County Commissioners its recommendation for adoption, rejection, or adoption with modification of the maps. 2) Maps delineating floodplains to be designated and regulated shall be officially adopted by the Board of County Commissioners only after a public hearing. Public notice of such hearing shall be in compliance with the provisions of Section 6.01.15 of the Administrative Regulations adopted by this jurisdiction. 3) At the public hearing described in the paragraph next above, the Board of County Commissioners shall consider such evidence as may appear appropriate including as a minimum: a) the consistency of the boundaries with available data establishing the geographic extent of the regulated area; b) the necessity of the regulation for the public health, safety and welfare; C) the recommendations of the Planning Commission; and d) relevant testimony and evidence presented. -13- 4) At the _Aclusion of such hearing, of within thirty (30) days thereafter, the Board of County Commissioners shall adopt, adopt with modification, or reject the proposed maps which were the subject of the public hearing. The decision of the Board of County Commissioners shall be evidenced by written findings concerning each of the matters referred to in paragraph three (3) hereinabove. 5) No floodplain shall be designated by the Board of County Commissioners until such designation has been first approved by the Colorado water Conservation Board pursuant to Section 30 -26 -111 and Section 24- 65.1- 403(3)(b), respectively, C.R.S. 1973, as amended. 6) True and official copies of maps of floodplains so designated and regulated by the Board of County Commissioners shall be filed with and be made available for public inspection at the office of the Clerk and Recorder of the County of Eagle and shall also be available for public inspection in the office of the Board of County Commissioners and the office of the Department of Community Development. 6.06.14 Interpretation 1) where interpretation is needed as to the exact location of the boundaries of floodplains or subdivisions thereof, the Board of County Commissioners shall make the necessary interpretation. If available, the base flood elevation as shown on the flood profiles and in the elevation tables shall be the governing factor in determining accurate boundaries and shall take precedence over the boundaries shown on the maps. 6.06.15 Appeals 1) Appeals to the technical accuracy of the official floodplain maps and base flood elevations may be made by anyone prior to, or following, the adoption of the official maps and reports. 2) Appeals shall be filed with the Board of County Commissioners and technical engineering data shall be furnished to support the appeal. After the engineering and technical data has been reviewed by the Board of County Commissioners, the Colorado -14- Water Conservation Board, and The Federal Insurance• Administ ation and found to be accu `*e, the officia jap and base flood elevations shall be amended and redesignated by the Colorado Water Conservation Board. 3) The Permit Authority shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Management Administrator in the administration and enforcement of this regulation. Appeals to the Permit Authority shall be made in writing. 6.06.16 Official Maps 1) The floodplains for the County of Eagle are identified in the following reports: a) Gore Creek Floodplain Information, Vail, Eagle County, Colorado, prepared by Hydro- Triad, Ltd., and dated June, 1975; b) Floodplain Information Report of the Roaring Fork and Fryingpan Rivers, Eagle County, Colorado, prepared by Wright- McLaughlin Engineers and dated February, 1978; C) A report entitled "Flood Insurance Study, Eagle County, Colorado, Unincorporated Areas," which includes detailed floodplain information and data for Buffehr Creek, Eagle River at Minturn, Fryingpan River, Taylor Creek, Brush Creek, Roaring Fork River, Eagle River at Red Cliff, and Turkey Creek, dated May, 1980, prepared by Gingery Associates, Inc., under contract with the Federal Insurance Administration; and 21 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. 22 e) 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) The location and boundaries of the floodplain hazard areas established by these Regulations are shown upon the official maps of the County of Eagle which are hereby incorporated into these Regulations as if set out in full herein. Said maps and reports, together with all explanatory matter, water surface elevations, profiles, and 21 Sections (c) and (d) amended as per Resolution 81 -11, 3/2/81 22 Amended as per Resolution 84 -31, 6/27/84 -15- cross-sr— ions, where available, ar "I11 amendments thereto 'hall be as much a part of _nese Regulations as if fully set forth and described herein. 3) Maps officially adopted by the Board of County Commissioners as a part of these Regulations may be amended in accordance with the procedures prescribed in Section 6.06.13 hereinabove. 6.06.17 Establishment of Floodplain Hazard Districts The floodplain hazard areas within the unincorporated territory of the County of Eagle subject to these Regulations are hereby divided into the following districts: 1) Floodprone District (FPD) as defined in Section 6.06.04 of these Regulations. 2) Designated Floodplain District (DFD) as defined in Section 6.06.04 of these Regulations. A Designated Floodplain District may be divided into the following sub- districts: a) Floodway District (FWD) as defined in Section 6.06.04 of these Regulations; b) Floodfringe District (FFD) as defined in Section 6.06.04 of these Regulations. 6.06.18 Use Regulations for Floodprone District (FFD) 1) The provisions of this Section 6.06.18 shall apply to each Floodprone District shown and identified on the official map or maps listed and described in this Section 6.06. 2) No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within a Floodprone District without first obtaining a permit pursuant to these Floodplain Regulations. 23 3) No development on or over any portion of a Floodprone District 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. 23 Amended as per Resolution 80 -62, 12/1/80. -16- Y b) The disposal of garbage or other solid waste materials. C) The potential of substantial solid debris or waste being carried downstream by floodwaters. 4) The following uses shall be allowed within a Floodprone District: 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, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, target ranges, shooting preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, and hiking and equestrian trails, except that structures accessory to such uses shall not be located in a Floodprone District. 5) The Board of County Commissioners finds and declares that within each such Floodprone District one or more flood hazards exist but that the flood hazard's specific extent has not yet been determined. The boundaries of the Floodprone District may be based, among other things, on physical factors indicating flow and direction of water which may be of flooding significance, historical flooding experience, or other readily available data. 6) The flood hazard is of such significance that before any proposed development, other than those uses enumerated in Subsection 4 (a) and (b), respectively, of this Section 6.06.18, may be permitted in any portion of such area, 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 District or Floodfringe District. The permit Authority shall make such determination promptly and as may be appropriate and practical. Any application for a permit to conduct development in a Floodprone District shall -17- not be .snsidered 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 District or Floodfringe District. 7) Such studies referred to in the paragraph next above shall meet the technical criteria established by the Colorado Mater Conservation Board for the review and designation of floodplain delineation studies. Such studies may be financed by the County of Eagle, the applicant for a permit, or otherwise. 8) Upon receipt of the completed study and a determination by the Permit Authority that such study is true and accurate, the Permit Authority shall inform the applicant in uniting whether the site of the proposed development or activity lies within any of the following: a) A Floodway District, in which case further processing of the application shall be governed by Section 6.06.19, hereinbelow, and the applicable provisions of this Section 6.06. b) A Floodfringe District, in which case further processing of the application shall be governed by Section 6.06.20, hereinbelow, and the applicable provisions of this Section 6.06. C) None of the above, in which case none of the provisions of this Section 6.06 shall have any further applicability to such application. 6.06.19 Use Regulations for Floodway District (FWD) 1) The provisions of this Section 6.06.19 shall apply to each Floodway District shown and identified on the official map or maps listed and described in Section 6.06.16. Since the Floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply. a) No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within a Floodway District without first obtaining a permit pursuant to these Floodplain Regulations. 24 24 Amended as per Resolution 80 -62, 12/1/80 M b) No development, use, fill, construction, or alteration in, on or over any portion of a Floodw•ay District shall be permitted which alone, or cumulatively with other such activities, would cause or result in any of the following: 1) The human occupation of structures, either fixed or mobile, for residential purposes, either permanent or temporary. 2) The development or use of public and commercial overnight campgrounds and travel trailer parks. C) 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. d) The disposal of garbage or other solid or liquid waste materials. e) The potential of substantial solid debris or waste being carried downstream by floodwaters. f) An obstruction or encroachment that would adversely affect the efficiency of or restrict the flow or capacity of a designated floodplain so as to cause foreseeable damage to others, wherever located. g) Prohibit encroachments, 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 during the occurrence of the base flood discharge. h) If section (g), above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of .Section 6.06. 25 25 - g and h added as per Resolution # -19- 6.06.`20 Use Reg _,ations for Floodfrringe Dist"i•ict (FFD) 1} The provisions of this section 6.06.20 shall apply to each Floodfringe District shown and identified on the map or- maps listed and described in Section 6.06.16. 2) No person shall engage in development of any kind, whethel' a conforming or nonconfor use or structure, within a Floodfringe District without first obtaining a permit pursuant to these Floodplain Regulations. 26 3) No development or uses on or over any portion of a Floodfringe District 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. 4) The following uses shall be allowed within a Floodfringe District: a) Residential structures and uses ar allowed provided that: (1) Any residential or nonresidential building or- str•uctur•e, whether fixed or mobile, designed for- human occupancy or- the storage of property, 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 Floodfringe District; and (2) The lowest floor including the basement, of any such building or st_r•uctur•e shall be not less than one (1) foot above the maximum water elevation of the computed base flood. 26 - Amended as per Resolution 80 -62, 12/1/80 -20- b} N._. -Nesid provided or other shall: _ntial structures or uses are allowec that any such commercial, industrial nonresidential structure or use (1) either have the lowest floor, including the basement, not less than one (i) foot above the maximum water surface elevation of the computed base flood; or (2) together with attendant utility and sanitary facilities shall be floodproofed so that below the computed base flood level the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered engineer or architect that the standards of this Subsection (b) are satisfied. Such certifications shall be submitted to the Permit Authority or its designated representative and provide that where a non - residential structure is intended to be made watertight below the base flood level, (i) a registered professional engineer or architect 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 accepted standards of practice for meeting the applicable provisions of this section, and (ii) a record of such certificates which includes the specific elevation (in relation to mean sea level) to which structures are satisfied. such certifications shall be provided to the official as set forth in Section 6.06.22 (2). 27 (3) In the event that floodwaters in a Floodfringe District 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 floodproofing shall be required sufficient to withstand such greater water velocity. 27 - Amended as per Resolution # -21- C) A- . 'Icultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, and sod farming. d) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, hiking and equestrian trails. e) Open area residential uses such as lawns, gardens, parking areas, and play areas. f) Uses accessory to open space or uses for which a permit is required under these Regulations. g) Railroads streets, roads, bridges, utility lines and facilities, and structures for irrigation, drainage or flood control. 6.06.21 Use Regulations for Manufactured Homes and Manufactured Home Parks 1) Use of existing manufactured home parks or sites within a Floodway District, a Floodfringe District or••a Floodprone District may be continued as a nonconforming use provided, however, that any manufactured home located within a Floodway District, a Floodfringe District and /or a Floodprone District shall within sixty (60) days from the adoption of these Regulations 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 be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations, with manufactured homes less than fifty (50) feet long requiring one additional tie per side; and b) 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; and -22- C) A,, components of the capable of carrying a and } anchoriiig system be force of 4,800 pounds; d) Any additions to the home be similarly anchored. 2) Development of new manufactured home parks, the expansion of any existing manufactured home parks, or the placement of any manufactured homes outside a manufactured home park within a Floodway District, Floodfringe District or Floodpr• one District shall be prohibited. 3} All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and is secured to an adequately anchored foundation system. 28 PERMIT APPLICATIONS AND (PERMITS 6.06.22 Application Procedures 1) The procedures concerning permit applications, notice and conduct of permit hearings, review of Permit Authority decisions, and the issuance and content of permits to engage in development in the Floodplain Hazard Areas shall comply with the provisions set forth in Section 6.01 of the Administrative Regulations adopted by the County of Eagle. 2) The Permit Authority hereby designates the Environmental Health Officer of the office of the Department of Community Development as the Floodplain Management Administrator to assist in the implementation and administration of these Floodplain Regulations. Duties of the Floodplain Management Administrator shall include the following: - a) Receive completed applications and the fees associated therewith; 28 - Added as per Resolution # -23- b) 1 `tially review all permit applications to determine whether the requirements of these Regulations 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 Amendments of 1972, 33 U.S.C. 1334; C) obtain, review, and reasonably utilize any base flood elevation data available from state, federal or other sources; d) obtain and maintain the actual elevation records of the lowest floor, including the basement, of all new or substantially improved structures, and, if the structure has been floodproofed, the elevation to which the structure was floodproofed; and certification by a registered professional engineer or architect that the floodproofing methods for any non - residential structure meet the floodproofing criteria in Section 6.06.20 (4) (b). e) Maintain for public inspection al l records pertaining to the provisions of these Regulations including records of permits granted and records of all variance actions with justification for their issuance. Variances issued shall be reported on an annual basis to the Federal Insurance Administration; f) Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; g) For those uses not enumerated in Subsections (3) and (4), respectively, in Section 6.06.18 of these Regulations, to request the Permit Authority to cause a determination to be made as to whether the site for the proposed development is located in a Floodway District, the Floodfringe District, or outside the base floodplain pursuant to Section 6.06.18 (8) of these Regulations; 29 29 - Amended as per Resolution 84 -31, 6/27/84 -24- h) R $ iew all permit application which involve a use or structure enumerated in Sections 6.06.18 (3) and 6.06.20 (3), respectively, of these Floodplain Regulations and based thereon, to either approve the application and grant a permit, or deny the application pursuant to Section 6.06.29 herei nbelow. 30 i) Carry out other administrative duties in the implementation and administration of these Floodplain Regulations as the Permit Authority may from time to time delegate to the Floodplain Administrator. j) Review all development permits to determine if the proposed development is located in the Floodway. If located in the Floodway, assure that the encroachment provisions of Section 6.06.30 are met. 6.06.23 Prohibition of Development in Floodplain Hazard Areas 1) No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within a Floodway District, a Floodfringe District or a Floodprone District, without first obtaining a permit pursuant to these Floodplain Regulations. 2) The County of Eagle shall not issue a building permit for purposes of development within a Floodway District, a Floodfringe District or a Floodprone District, without the applicant first having obtained a permit pursuant to these Floodplain Regulations. 6.06.24 Application for Permit 1) Any person seeking to engage in development of any kind within a Floodway District, a Floodfringe District or •a Floodprone District shall apply for a permit from the Permit Authority, on the appropriate form as set forth in "Exhibit 6 - F.P." of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," and maintained in the Department of Community Development. 31 30 - Amended as per Resolution 84 -31, 6/27/84 AND Resolution 81-11, 3/2/81 31 - Amended as per Resolution 84 -31, 6/27/84 COWWAMM 2) Not lat I than ten (10) d completed application for development in a Floodway District or a Floodprone Authority shall determine ays following a permit to receipt of engage in District, a Floodfringe District, the Permit 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 hearings conducted therefore, and shall notify the applicant in writing of said fee and its amount. Not later than ten (10) days following his receipt of such notice, the applicant shall present to the Permit Authority nonrefundable certified funds in the amount set. Until the fee is paid to the Permit Authority, the application for permit shall not be further processed. 6.06.25 Submission Requirements An applicant for a permit to engage in development in a Floodway District, a Floodfringe District or a Floodprone District, shall submit to the Permit Authority, as a minimum, five (5) copies, of the following information, maps, requirements and data: 1) A completed application on a form as prescribed in Section 6.06.24 of this Section 6.06. 2) A plan certified by a professional engineer, registered in the State of Colorado, locating the proposed development with respect to the following: 32 a) The boundaries of the existing Floodprone District or the Designated Floodplain District, as appropriate, along with the boundaries of the Floodway District and Floodfringe District if such have been delineated; b) The existing zoning of the property; C) The nature of the proposed activity or development; d) Building floor elevations; Q Proposed floodproofing measures, if any; f) Specifications for building construction and materials, filling, dredging, grading, channel changes, storage of materials, grater supply systems, and sanitary facilities; 32 - Amended as per Resolution 81 -11, 3/2/81 -26- g} LA criptions of any construction activity which would affect the hydraulic capacity of the floodway. 3) Maps or drawings identifying or describing the following: a) A map showing the stream and channel, the designated Floodplain Hazard Area, the Floodprone District or the Designated Floodplain District, as appropriate, the area to be occupied by the proposed development, and all available flood elevation studies, water surface elevations and base flood elevations. b) A map with surface view showing elevations or contours of the ground; pertinent structures; fill or storage elevations; size; location and spatial arrangement of all proposed and existing structures on the site; and location and elevation of streets, roads, water supply systems, sanitary facilities and soil types. C) Drawings showing the profile of the bottom of the channel at the thalweg and the water surface profiles described in Subsection 6.06.25(3)(x), hereinabove. The elevations of fill and structures shall be shown. 4) The applicant shall submit the elevation (in relation to mean sea level) of the lowest floor (including basement) of the structures and, where the lowest floor is below grade on one or more sides, the elevation of the floor immediately above. 5) where floodproofing is utilized for a particular structure in accordance with these Floodplain Regulations, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood, and a record of such certificates indicating the specific elevation to which such structures are floodproofed shall be maintained with the Permit Authority. 6) The applicant shall submit such other material as may be required by the Permit Authority in order to determine if appropriate design and performance standards have been met. -27- 7) For any application requesting a permit for development in a Floodprone District, other than those uses enumerated in subsections (3) and (4), respectively, of section 6.06.18 of these Regulations, or which disputes the severity of hazardous conditions within any of the Floodplain Hazard Area districts, a floodplain study shall be completed and attached to the application. The purpose of such study is to determine more precisely the flood hazard at the particular site and the impact of the proposed development on other areas inside and outside the floodplain boundary. All floodplain studies shall be conducted by a registered professional engineer experienced in floodplain studies. Because the Colorado Water Conservation Board is required by state statutes to review floodplain studies and officially designate the base flood elevations, or changes to previously designated base flood elevations, floodplain studies must meet the technical standards established by the Board. To meet these technical standards, specifications for engineering studies and technical assistance are available from the Colorado Water Conservation Board. 8) If the existing district boundaries are to be changed or modified, the proposed boundaries shall be shown on a map of suitable scale and all supporting data shall be submitted. 6.06.26 Notice of Application In addition to the notification requirements set forth in Section 6.01.24 of the Administrative Regulations adopted by the County of Eagle, upon receipt of an application for a permit under this Section 6.06, the Permit Authority shall notify in writing the following persons, entities, and /or agencies: 1) Upstream, downstream or adjacent communities affected by any development, fill or encroachment; 2) Adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 3) If an application involves a development downstream from a dam and reservoir subject to review and approval of the State Engineer, the Permit Authority shall refer the application to the Dam Safety Section, Colorado Division of Water Resources, for review and comment. -28- 6.06127 waiver ._.'Submission Requirements 1) The Permit Authority may waive any part but not all of the submission requirements imposed by these Floodplain Regulations upon petition of 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 unreasonably 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 Permit Authority, upon a written determination that the information to be submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and these Regulations and that the proposed development will have an insubstantial impact on the surrounding area. 32 2) The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in compliance with the provisions of Section 6.01.25 of the Administrative Regulations adopted by this jurisdiction. 6.06.28 Map Requirements 1) All maps required of the applicant shall be of a scale sufficiently detailed to allow the Permit Authority to determine whether the proposed development and the topographic features of the land meet the requirements of these Floodplain Regulations. In no event shall the scale of maps be less than one inch equals two hundred feet (1" 200 ft.) or such other scale as may be determined by the Permit Authority. 2) All maps required shall show existing topographic contours of no greater than five (5) foot intervals. 3) All maps prepared by private contractors or consultants shall comply with the National Map Accuracy Standards. 4) All maps submitted by an applicant seeking a permit to develop a specific site shall show existing (dashed lines) and finished (solid lines) within the Floodway District, the Floodfringe District, or the Floodprone District, as appropriate. 32 - Renumbered as per amendment Resolution 80 -62, 12/1/80 -29- 6.06:29 Simplif.A Procedure for Uses Allowe "d� in the Floodprone District and Floodfringe District 33 i) A simplified procedure is hereby established for applications involving uses or structures enumerated in Sections 6.06.18(3)(4) and 6.06.20(3)(4), respectively, of these Floodplain Regulations. 2) Any person seeking to engage in development of a use or structure enumerated in Sections 6.06.18(3)(4) and 6.06.20(3)(4), respectively, shall apply for a permit from the Floodplain Management Administrator, on the appropriate form as set forth in "Exhibit 6 - F.P." of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," and maintained in the Department of Community Development. 3) Not later than ten (10) days following receipt of a completed application for a permit to engage in development of a use or structure enumerated in Sections 6.06.18(3)(4) and 6.06.20(3)(4), respectively, the Floodplain Management Administrator shall 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, and shall notify the applicant in smiting of said fee and its amount. Not later than ten (10) days following his receipt of such notice, the applicant shall present to the Eagle County Treasurer nonrefundable certified funds in the amount set. Until the fee is paid, the application for a permit shall not be further processed. 4) An applicant for a permit to engage in development of a use or structure enumerated in Sections 6.06.18(3)(4) and 6.06.20(3)(4), respectively, shall submit to the Floodplain Management Administrator, as a minimum, five (5) copies of the information, maps, requirements, and data set forth in Section 6.06.25 of these Floodplain Regulations. 5) The Floodplain Management Administrator may waive any part but not all of the submission requirements imposed by Section 6.06.25 of these Floodplain Regulations upon petition of 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 unreasonably burdensome for the applicant and that the proposed developmentf will have an insubstantial impact on the surrounding area. 33 - Title Amended as per Resolution 84 -31, 6/27/84: Section Amended as per Resolution 81 -11, 3/2/81 OION Such a,-Giver may be granted, after due consideration by the Floodplain Management Administrator, upon a 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) All maps required of the applicant shall be in compliance with the provisions set forth in Section 6.06.28 of these Floodplain Regulations. 7) If an application involves a use or structure enumerated in Sections 6.06.18(3)(4) and 6.06.20(3)(4), respectively, the Floodplain Management Administrator shall within thirty (30) days after the submittal of a completed application and payment of the required fee either: a) Approve the application and grant a permit if the proposed development complies with Section 6.06.30 of these Floodplain Regulations. The Floodplain Management Administrator may attach such permit conditions as deemed necessary in furthering the purpose of this Floodplain Regulation. b) Deny the application if the proposed development does not comply with the provisions of Sections 6.06.30 of these Floodplain Regulations. 8) Any decision of the Floodplain Management Administrator pursuant to this Section 6.06.29 shall state, in writing, reasons for the decision, and the findings and conclusions, and shall be given to the applicant and the Permit Authority, respectively, within ten (10) days after such decision. 9) The procedures concerning issuance and content of permits, revocation or suspension of permits, and annual review of permits to engage in development of a use or structure enumerated in Sections 6.06.18(3)(4) and 6.06.20(3)(4), respectively, shall comply with the provisions set forth in Section 6.01 of the Administrative Regulations. -3 1- 10) Any per aggrieved by a final decis ion of the Floodplain Management Administrator made pursuant to this Section 6.06.29 may appeal such decision to the Permit Authority. The appeal shall be initiated within thirty (30) days after receipt of such decision by the aggrieved person; shall state, in writing, the reasons for the appeal and shall be accompanied by maps, engineering and technical data, and further information supporting the appeal. Upon receipt of an appeal, the Permit Authority shall conduct a public hearing in compliance with the provisions set forth in Section 6.01.25 of the Administrative Regulations. 6.06.30 Approval of a Permit Application i) A permit application to conduct an activity or use in a Floodway District shall not be approved unless the proposed development complies with the following cr•iter•ia: 34 a) The applicant has submitted all information and complied with all requirements set forth in Sections 6.06.24 and 6.06.25, respectively, of this Section 6.06. b) The proposed development does not violate any of the prohibitions, r•estr•ictions, design standards and requirements set forth in Section 6.06.19 of these Floodplain Regulations. C) The proposed development will not otherwise Violate the purposes and intent of these Floodplain Regulations. d) The proposed development does not conflict with an approved master plan, sub -area plan or• other- land use policy. a) The proposed development does not: (1) increase the depth of flooding in the f1oodway; (2) increase flow velocities (3) adversely change the direction of flow; or (4) adversely affect the public health, safety, and general welfare. 34 - Renumbered as per• Resolution 81 -11, 3/2/81 -32- f} P�_lic and private facilities 'such as electrical, gas, sewer, and water systems that must be located within or across a Floodway District and designed by a professional engineer and certified that the floodplain hazard has been appropriately considered in order to minimize or eliminate flood damage. g) All Colorado Department of Health regulations regarding design and construction of such facilities are followed. h) The applicant has obtained all necessary permits from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. i) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood- carrying capacity is not diminished. 35 2) A permit application to engage in development in a Floodfringe District shall not be approved unless the proposed development complies with the following criteria: a) The applicant has submitted all information and complied with all requirements set forth in Sections 6.06.24 and 6.06.25, respectively, of this Section 6.06. b) The proposed development does not violate any of the prohibitions, restrictions, design standards and requirements set forth in Section 6.06.20 of these Floodplain Regulations. C) The proposed development will not otherwise violate the purposes and intent of these Floodplain Regulations. d) The proposed development does with an approved masterplan, other land use policy. 35 - Added as per Resolution # not conflict sub -area plan or -33- z e} Pu 1K c and private facilities such as electrical, gas, sewer, and water systems that must be located within or across a Floodfr•inge District are designed by a professional engineer and certified that the flood hazard has been appropriately considered in order to minimize or eliminate flood damage. f) All Colorado Department of Health regulations regarding design and construction of such facilities are followed. g) All proposed construction is floodproofed to or above the regulatory flood protection elevation; anchored, where necessary, to prevent flotation, collapse or lateral movement and to withstand hydrodynamic loads; built with flood resistant materials and utility equipment resistant to flood damage; and using methods and practices that minimize flood damage. h) The design such that on -site in hazards. of the proposed development is adequate drainage is provided order to reduce exposure to flood 1) The design of the proposed development is such that new or replacement water supply systems and sanitary sewage systems minimize or eliminate infiltration of floodwaters and provide for on -site waste disposal systems to be located so as to avoid impairment of them or contamination from them during or subsequent to flooding. j) The design of the proposed development is such that all utility and sanitary facilities attendant to new construction and substantial improvements of residential and nonresidential structures shall be floodpr•oofed to or above the regulatory flood protection elevation. k) The design of the proposed development takes into account the availability of flood protection devices and the potential impact of the development on downstream communities, such as the creation of obstructions during flooding. -34- 1) TlJ applicant has obtained all -" necessary permits from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. M) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria: A minimun of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 36 3) A permit application to engage in development in a Floodprone District shall not be approved unless the proposed development complies with the following criteria: a) The applicant has submitted all information and complied with all requirements set forth in Sections 6.06.24 and 6.06.25. b) The proposed development does not violate any of the prohibitions, restrictions, design standards and requirements set forth in section 6.06.18. C) The proposed development does not otherwise violate the purpose and intent of these Floodplain Regulations. d) The proposed development does not conflict with an approved master plan or sub -area plan. 36 - Added as per Resolution # -35- e) P—A is and private facilities `such as electrical, gas, sewer and water systems that must be located within or across a Floodprone District are designed by a professional engineer and certified that the flood hazard has been appropriately considered in order to minimize or eliminate flood damage. f) All Colorado Department of Health regulations regarding design and construction of such facilities are followed. g) The applicant has obtained all necessary permits from those governmental agencies from which approval is required by Federal or State Law, including Section 404 of the Federal water Pollution Control Act Amendments of 1973, 33 U.S.C. 1344.n 4) In addition to the provisions set forth in the Administrative Regulations, in the event that a permit issued under these Regulations will allow a manufactured 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 mobile or manufactured structure and /or lot purchaser or lessee in the purchase contract, deed, or lease. 5} The Permit Authority may attach such conditions to the granting of a permit for proposed development in a Floodway District, a Floodfringe District or a Floodprone District, as it deems necessary in furthering the purposes of these Regulations. Such conditions may include, but not be limited to, specifications for modifying waste disposal and water supply facilities, landscaping, deed restrictions, or adequate floodproofing. -36- VARIANCES 6.06.31 Variances The Permit Authority may grant a variance or modification of the literal provisions of these Floodplain Regulations when strict application of these Floodplain Regulations would cause an undue hardship owing to physical circumstances unique to the individual property on which the variance is sought. 6.06.32 Application Procedure 1) The procedures concerning variance applications, notice and conduct of variance hearings, review of Permit Authority decisions, and the issuance and content of variances shall comply with the provisions set forth in the Administrative Regulations adopted by the County of Eagle. 2) An application for a variance to these Floodplain Regulations shall be accompanied by non - refundable fees in the amount of Two Hundred and 00/100 Dollars ($200.00), but in no event shall such amount exceed the cost incurred in the review and approval or disapproval of the variance application, including all hearings conducted therefor. 3) An application for a variance to these Floodplain Regulations shall be submitted on such forms as shall be prescribed by the Permit Authority. An applicant for a variance to these Floodplain Regulations shall submit to the Permit Authority as a minimum five (5) copies of the completed application and technical data and information satisfactory to the Permit Authority that the applicant has adequately addressed and fulfilled the critera and factors set forth in Sections 6.06.33, 6.06.34 and 0.06.35 which are to be utilized in the approval or disapproval of a variance to these Floodplain Regulations. 4) The applicant for a variance to these Floodplain Regulations shall submit such other material as may be required by the Permit Authority. 6.06.33 Issuance of Variances Variances to these Floodplain Regulations _:hall only be issued upon: 1) A showing of good and sufficient cause; -37- 3 a 2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3) A determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or regulations. 6.06.34 Factors to be Considered In passing upon requests for variances from the requirements and standards of these Floodplain Regulations, the permit Authority shall consider all technical evaluations, all relevant factors, all standards specified in these Floodplain Regulations, and: 1) The danger that materials may be swept onto other lands to the injury of others; 2) The danger to life and property due to flooding or erosion damage; 3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4) The importance of the proposed development to the community; 5) The availability of alternative locations for the proposed development which are not subject to flooding or erosion damage; 6) The compatibility of the proposed development with existing and anticipated development; 7) The relationship of the proposed development to the master plan, sub area plan, land use policy and any applicable floodplain management program; 3) The safety of access to the property in times of flood for ordinary and emergency vehicles; 0) The expected height, velocity, duration, rate of rise, and debris transport capability of the floodwaters expected at the site in times of flood; 10) The cost of providing essential services such as maintaining or protecting public utility systems, roads, and bridges during and after floods; ■Mm T 11) Any oth -.) relevant evidence submitted by the Colorado Water Conservation Board, the applicant, or other interested party. 6.06.35 Requirements Governing the Granting of Variances 1) Variances affecting Floodway Districts shall not be issued if any increase in base flood levels would result during the base flood. 2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 3) Any applicant to whom a variance is granted shall be given written notice that the structure(s) shall be permitted to be built with a lowest floor elevation below the base flood elevation, that premium rates for flood insurance shall increase significantly, and that such construction below the base flood elevation increases risk to life and property. 4) The granting of a variance shall not be deemed or construed to be deemed a waiver by the Permit Authority of applicant's compliance with any and all applicable provisions and requirements set forth in this Section 5.06. 5) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing items (1 -11) in Section 6.05.34 have been fully considered. As the lot size increased beyond one-half acre, the technical justifications required for issuing the variance increases. 6) Variances may be issued for rehabilitation or restorati on the National Register of Mate Inventory of Historic to the procedures set forth this section. 6.06.36 Conditional Variances the reconstruction, on of structures listed Historic Places or the Places, without regard in the remainder of Can consideration of the factors of Section 6.06.34 hereinabove, the Permit Authority may attach such conditions to the granting of variances, including but not limited to, the submittal of Financial Security set forth in Section 6.01.29 of the Administrative Regulations, as it deems necessary to further the purposes of these Floodpl•ain Regulations. -39- I A DMI'NISTRATION, ENF"ICEMENT AND PENALTIES 6.06.37 Administration The provisions of these Floodplain Regulations and any permits and /or variances issued hereunder shall be administered and enforced according to the provisions of the Administrative Regulations adopted by this County. Those aggrieved by the decision of the Permit Authority, or any taxpayer, may appeal such decisions to the Eagle County District Court, as provided in CRS 31 -23 -307. 6.06.38 Inspection 1) The Permit Authority or its authorized representative is hereby empowered and directed to inspect and examine the use, occupation or development of floodplains subject to these Floodplain Regulations for the purpose of determining from time to time whether any use, occupation, development or activity is in violation of any of the provisions of these Floodplain Regulations or any permit issued or required pursuant to these or other applicable regulations. 2) If a violation shall be found to exist, said Permit Authority or its authorized representative shall by written order direct that such remedial action be taken forthwith as will result in full compliance with the applicable regulations; provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in these Regulations; and provided further, that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of this or other applicable regulations in any court action instituted seeking full compliance therewith. 6406.39 Enforcement and Penalties Any person engaging in development in a designated or regulated Floodplain Hazard Area who does not obtain a permit pursuant to these Floodplain Regulations, who does not comply with permit requirements, who acts outside the authority of the permit, or who otherwise violates any of the provisions of these Floodplain Regulations, may be enjoined by the County from engaging in such development and may be subject to such other criminal or civil liability as may be prescribed by law. -40- 6.06:40 Warning -:_end Disclaimer of Liability The degree of flood protection required by these Floodplain Regulations is considered reasonable for the protection of life and property and is based on engineering and scientific methods of study. Floods larger than the base flood may occur on rare occasions, or the flood height may be increased by man -made or natural causes, such as ice jams and bridge or culvert openings being restricted by debris. These Floodplain Regulations do not imply that areas outside the regulated floodplains or land uses permitted within such floodplains will be free from flooding or flood damages or that compliance with these Floodplain Regulations will prevent any or all damages from flooding. These Floodplain Regulations shall not create liability on the part of the County of Eagle or of any of its officers, employees, servants, or agents thereof for any flood damages that result from reliance on these Floodplain Regulations or any administrative decision lawfully made thereunder. 6.06.41 Severability If any section, clause, provision, or portion of these Floodplain Regulations should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of these Floodplain Regulations shall not be affected thereby and are hereby declared to be necessary for the public health, safety, and welfare. 6.06.42 Amendments The regulations, restrictions, and boundaries set forth in these Floodplain Regulations may from time to time be amended, supplemented, changed or repealed in accordance with the procedures set forth in the Administrative Regulations adopted by this jurisdiction and by Section 6.06.13 of this Section 06.06. -41- An applicant for a permit to engage is Development in a Designated Floodplain District shall submit, as a minimum, three (3) copies of the following information: maps, requirements, data. The Technical Information and Data Required shall be prepared and certified by a Professional Engineer, registered in the State of Colorado. NAME OF APPLICANT: MAILING ADDRESS: TELEPHONE: DATE: W EXHIBIT 5: F. P. APPLICATION FOR A FLOODPLAIN DEVELOPMENT PERMIT NAME of PROJECT: SITE LOCATION: LEGAL DESCRIPTION; (Attach additional sheets if necessary) Owners and Interests: (Persons holding recorded legal, equitable, constractural and option interests in the property described above.) General Description of the Development Proposal: APPLICATIOk -'FOR, A FLOODPLAIN DEVELOPMENT PERMIT PAGE 2 Is any portion of the development now complete? Yes No If yes, give reasons and date development or construction was completed: (Indicate work on drawings) Floodplain District in which the Proposed Development is located: Floodprone District Floodway District Floodfringe District Uncertain as to District The Proposed Development is: An allowed use in the above noted district. A special review or describing the following: - Site location map and zoning of the property. - A map showing the stream channel, the designated Floodplain Hazard area, the Floodprone District or the Designated Floodplain District, as appropriate, the area to be occupied by the proposed development, and all available flood elevation studies, water surface elevations and base flood elevations. - Drawings showing the profile of the bottom of the channel at the thalweg and the water surface profiles. - A map with surface view showing elevations or contours of the ground; pertinent structres; fill or storage elevations; size; location and spatial arrangement of all proposed and existing structures on the site; and location and elevation of streets, roads, water supply systems, sanitary facilities and soil types. Descriptions of any construction activity which would affect the hydraulic capacity of - the floodway, indicating existing and proposed base flood elevations. - Specifications for building construction and materials, filling, dredging, channel changes, storage of materials, water supply systems, sanitary facilities, and other utilities. - The elevation(s) (in relation to mean sea level) of the lowest floor (including basements) of existing and proposed structures. APPLICATIO"- °FOP. A FLOODPLAIN DEVELOPMENT PERMIT Page 3 - Where floodpr•oofing is utilized for a structure, a registered professional engineer or architecht shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. - Floodpr•oofing certifications, indicating the specific evaluation to which such structures are floodpr•oofed shall be submitted with this application or prior to issuance of a Certificate of Occupancy The applicant may be required to submit other necessary information in order to determine if appropriate design and performance standards have been met. THE APPLICANT REQUEST A PERMIT FOR A PERIOD OF: APPLICANT: 6Y: Name Title NOTE: Within ten (10) days following receipt of a completed application for a permit the Floodplain Management Administrator shall determine and set a fee in an amount necessary to cover the costs incurred in the review of the permit application, including all hearings conducted therefor, and shall notify the applicant in writing of said fee and its amount. Not later that ten (10) days following his/her receipt of such notice, the applicant shall present to the Floodplain Management Administrator non - refundable certified funds, payable to Eagle County Treasurer, in the amount as set. Until the fee is paid to Eagle County, the appliation for a permit shall not be further processed. Floodplain Management Administration Eagle County 3/23/84 Date.