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HomeMy WebLinkAbout2013-19 Amending Sections12-21-11 and 12-21-14 of the TOV Code regarding Hazard RegulationsORDINANCE NO. 19 SERIES 2013 AN ORDINANCE AMENDING SECTIONS 12-21-2,12-21-11 and 12 -21 -14 OF THE VAIL TOWN CODE REGARDING HAZARD REGULATIONS AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town have been duly elected and qualified; WHEREAS, the State of Colorado has adopted higher standards for floodplain management; and WHEREAS, communities have until January 14, 2014 to adopt local regulations consistent with the new standards in order to remain in good standing in the National Flood Insurance Program (NFIP) and be eligible for grant funding through the Colorado Water Conservation Board (CWCB). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12 -21 -2 of the Vail Town Code is hereby amended as follows: 12 -21 -2: DEFINITIONS: For the purposes of this chapter, the words contained in this section are defined as follows: ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar landform, which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING: A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent (1 %) chance or greater annual chance of flooding to an average depth of one to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. BASE FLOOD: The flood having a one percent (1 %) chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION: The elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, Al -A30, AR, AR/A, AR/AE, AR/A1 -A30, AR/AH, AR/AO, V1 -V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in anv aiven vear. Ordinance No. 19, Series of 2013 BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides. BLUE HAZARD AVALANCHE AREA: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal to the flow and /or a return interval in excess of twenty five (25) years. CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed CRITICAL FACILITY: A structure or related infrastructure, but not the land on which it is situated, as specified in (critical facility section of ordinance), that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT: Any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING: A nonbasement building: a) built, in the case of a building in zones A1- 30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zones V1 -30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zones V1 -30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building ", even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of section 60.3(e)(5) of the national flood insurance program regulations. EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures ". FLOOD HAZARD ZONE: The land in the floodplain subject to a one percent (1 %) or greater chance of flooding in any given year. The area is designated as zones A. AE, AH, AO, Al -99, VO. V1 -30. VE or V. on the Flood Insurance Rate Map (FIRM). 9R the flood haZaFd boun FLOOD INSURANCE RATE MAP (FIRM): An official map on which the federal emergency management agency has delineated both the Special Flood Hazard Areas (SFHA)areas e# Ordinance No. 19, Series of 2013 and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood profiles and water surface elevation of the base flood as well as the flood boundary- floodway map. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters. B. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flooding). FLOODPROOFING: 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 (REGULATORY FLOODWAY): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities. GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE: Any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register; Ordinance No. 19, Series of 2013 B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or D. Classified as historically significant per title 10, chapter 2, "Special Historic And Architectural Structures ", of this code. LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LETTER OF MAP REVISION (LOMR): FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodwav Map (FBFM), or both. (BFE's), or Special Flood Hazard Area (SFHA). LETTER OF MAP REVISION BASED ON FILL (LOMR -F): FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking 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 nonelevation design requirement of section 60.3 of the national flood insurance program regulations. MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. NEW CONSTRUCTION: For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after December 4, 2007, and includes any subsequent improvements to such structures. 100 -YEAR FLOODPLAIN: Seethe definition of Flood Hazard Zone RECREATIONAL VEHICLE: A vehicle which is: A. Built on a single chassis; Ordinance No. 19, Series of 2013 B. Four hundred (400) square feet or less when measured at the largest horizontal projections; C. Designed to be self - propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. RED HAZARD AVALANCHE AREA: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and /or a return interval of less than twenty five (25) years. SLOPE: As defined in section 12 -2 -2 of this title. SPECIAL FLOOD HAZARD AREA: The land in the floodplain within a community subiect to a one percent or greater chance of flooding in any given year, i.e., the 100 -year floodplain. START OF CONSTRUCTION (For Other Than New Construction Or Substantial Improvements Under The Coastal Barrier Resources Act (Pub. L. 97- 348)): Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; 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 basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50 %) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50 %) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the administrator. The market value of a structure is determined 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. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include 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. Ordinance No. 19, Series of 2013 WATER SURFACE ELEVATION: 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 floodplains of coastal or riverine areas. required in Section 60.3(b)(5), (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. ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the administrator of the town. Section 2. Section 12 -21 -11 of the Vail Town Code is hereby amended as follows: 12- 21 -11: FLOOD HAZARD ZONES: A. Lands to which this ordinance applies: The ordinance shall apply to all Special Flood Hazard Areas and areas removed form the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR -F) within the jurisdiction of the Town of Vail. Colorado. Purpose: To promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in a flood area; 8. Ensure that those who occupy the floodplain assume the responsibility for their actions; 9. Protect the natural areas required to convey flood flows and retain flow characteristics; and 10. Obtain and maintain the benefits to the community of participating in the national flood insurance program. B. Basis For Establishing S: The aitears of speGial fleed hazaFd Special Flood Hazard Areas identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Eagle County, Colorado, And Incorporated Areas" dated December 4, 2007, with accompanying flood insurance rate maps and- flee-d- b9undwy Ordinance No. 19, Series of 2013 fleedway maps (FIRM and F-13FIVI) and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. C. Designation Of The Floodplain Administrator: The town engineer or designee is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. D. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and that the proposed improvement will be reasonably safe from flooding. 3. Review, approve or deny floodplain use and modification permits to determine whether proposed improvements meet the provisions of this chapter. 4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of the above mentioned agency permits. 5. Review and verify that no new habitable structure is constructed within the good- haaard zeaeSpecial Flood Hazard Area. 6. Review and verify that a licensed professional engineer or professional land surveyor certified the location of the 100 -year floodplain on all development applications that are adjacent to, or partially located within the 100 -year floodplain, that are proposing improvements that may affect the floodplain. 7. Where interpretation is needed as to the exact location of the boundaries of Special Flood Hazard Zone the areas of speGial flood hazaFdr, (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. 8. Notify, in riverine situations, adjacent communities and the meal Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency. 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained. 10. When base flood elevation data have not been provided in accordance with subsection B of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state or other source, in order to administer the provisions of subsection F of this section. 11. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) Ordinance No. 19, Series of 2013 shall be permitted within zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one -half foot 04 ffM at any point within the community. 12. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain development in zones Al -30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one -half foot 44 ffM, provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision). E. Floodplain Permits: 1. Floodplain Use Permit: a. Purpose: The floodplain use permit is a permit to allow temporary grading within the floodplain and allow for necessary public infrastructure improvements within the floodplain. A floodplain use permit may be issued under at least one of the following conditions: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction /maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the 100 -year floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction /maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Site plan at an engineering scale showing the location, dimensions, and elevations of the proposed landscape /grade alterations, existing and proposed structures, relevant landscape /topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (2) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (3) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant criterion in subsection E3 of this section. (4) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit, etc.). Ordinance No. 19, Series of 2013 (5) If required by the floodplain administrator, an engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (6) Submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (7) Any additional information deemed necessary by the floodplain administrator. 2. Floodplain Modification Permit: a. Purpose: A floodplain modification permit is a permit to allow construction of improvements and /or modifications to the adopted floodplain for all other uses, improvements, or modifications to or within the floodplain that do not fall within the guidelines of the floodplain use permit. However, no habitable structures or improvements shall be allowed to be constructed within the floodplain. b. Floodplain Modification Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved structures within or adjacent to the floodplain. (2) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant factor in subsection E3 of this section. (3) Signature of the owners of all property subject to an impact by the proposed improvement. (4) A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed landscape /grade alterations, existing and proposed structures, relevant landscape /topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (5) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (6) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit). (7) An engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (8) Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (9) Environmental impact report, per chapter 12 of this title. (10) Any additional information deemed necessary by the floodplain administrator. 3. Review, Criteria And Findings: At the discretion of the floodplain administrator, floodplain use permits may be reviewed by the floodplain administrator or the PEC. All floodplain modification permits shall be reviewed and approved by the floodplain administrator and the PEC. Ordinance No. 19, Series of 2013 a. Criteria: The following factors shall be used to make a determination in issuance of floodplain permits: (1) The effects upon the efficiency or capacity of the floodway; (2) The effects upon persons and personal property upstream, downstream and in the immediate vicinity; (3) The effects upon the 100 -year flood profile and channel stability; (4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; (5) The danger to life and property due to flooding or erosion damage; (6) The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner; (7) The danger that materials may be swept onto other lands to the injury of others; (8) The compatibility of the proposed use with existing and anticipated development; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (12) The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat; (13) The necessity to the facility of a waterfront location, where applicable; (14) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (15) The relationship of the proposed use to the comprehensive plan for that area. b. Findings: The following findings shall be made before granting of a floodplain permit: (1) That the proposed use or modification adequately addresses the findings in subsection Da of this section, as determined by the floodplain administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; (2) That the proposed use or modification is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and Ordinance No. 19, Series of 2013 (4) That the proposed use or modification promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 4. Permit Fees: The town council shall set a floodplain permit schedule sufficient to cover the cost of town staff time, consultant fees, and incidental expense. 5. Expiration Of Permit: A floodplain permit shall expire two (2) years after its date of issuance if the permittee has not started construction under the permit. F. Provisions For Flood Hazard Reduction: 1. General Standards: In all Special Flood Hazard Areas, the following provisions are required for all new construction and substantial improvements: a. Habitable structures or improvements shall not be permitted to be constructed within the 100 - year floodplain. Improvements that may be approved for construction within the 100 -year floodplain include: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction /maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction /maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. An insignificant impact to the floodplain shall be defined as: An improvement in the floodplain that is a public benefit that meets the criteria set out in subsection F1A of this section and causes no negative impacts to adjacent properties and no permanent localized cumulative increase in the adopted base flood elevations (BFE) greater than 0.25 vertical feet. The applicant shall apply for a conditional FIRM and floodway revision through FEMA, if applicable; c. All new structures or improvements, unless otherwise specifically provided for within this chapter, shall not influence the 100 -year floodplain and shall maintain a minimum clear distance from the 100 -year floodplain of one foot (1') in both the horizontal and vertical directions; d. Floor plans and elevations illustrating that the lowest floor elevations including basement, together with attendant utility and sanitary facilities,of the new or substantially improved structure, shall be elevated to at least one foot (1') above the base flood elevation; e. All approved new or modified improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the improvement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; f. All new approved construction or modified improvements shall be constructed by methods and practices that minimize flood damage; Ordinance No. 19, Series of 2013 g. All new approved construction or modified improvements shall be constructed with materials resistant to flood damage; h. All existing nonconforming structures located within the 100 -year floodplain that may require maintenance shall not negatively impact the adopted BFEs or adjacent properties in any way, unless as provided by subsection Fla of this section; and shall increase conformity and flood protection as required by the floodplain administrator (i.e., floodproofing, flotation prevention, flood resistant materials, etc.); i. All existing nonconforming structures that may require maintenance to operational systems that are within the floodplain shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding; j. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; k. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and I. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 2. Standards For Areas Of Shallow Flooding (AO /AH Zones): Located within the areas of special flood hazard established in subsection B of this section, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a. All new construction and substantial improvements of residential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot W) above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 3 feet if no depth number is specified). b. All new construction and substantial improvements of nonresidential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot W) above above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 3 feet if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so that one foot 1' above belsw the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. c. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this chapter are satisfied. d. Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. 3. Floodways: Floodways located within areas of speGial flood hazaFd Special Flood Hazard Area established in subsection B of this section, are areas designated as floodways. Since the Ordinance No. 19, Series of 2013 floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. If this subsection F is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection F. c. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. (Ord. 28(2007) § 5) G. Properties Removed From Floodplain By Fill 1. A Floodplain Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the Foodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR -F). unless such new structure or addition complies with the following: a. Residential Construction: The lowest floor (including basement), electrical, heating, existed prior to the placement of fill. b. Non Residential Construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot having the capability of resisting hydrostatic and hydrodvnamic loads of effects of buoyancy. H. Critical Facilities 1. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Regulatory Floodplain. 2. Construction of new critical facilities in the Regulatory Floodplain shall be permissible if no feasible alternative site is available, provided a. Critical facilities shall have the lowest floor elevated three feet above the base flood elevation or to the height of the 500 -year flood, whichever is higher. If there is no available data on the 500 -year flood, the permit applicants shall develop the needed data in accordance with FEMA mapping guidelines. Ordinance No. 19, Series of 2013 b. Access to and from the critical facility shall be protected to the elevation of the 500 - year flood. Section 3. Section 12 -21 -14 of the Vail Town Code is hereby amended as follows: 12- 21 -14: RIGHT OF APPEAL: Nothing in this chapter shall be deemed to deny any interested person his /her rights to appeal the decision of the administrator in accordance with section 12 -3 -3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his /her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of chapter 17 of this title. Variances specific to Flood Hazard Zones. 12- 21 -11. shall be governed by chapter 17 of this title and may be granted under the following conditions: A. The Appeal Board may grant variances and place conditions upon them as it deems necessary to further the purpose and objectives of this ordinance as stated in 12-21 - 11I B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any designated floodwav if any increase in flood levels during the base flood discharge would result. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 19, Series of 2013 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2013 and a public hearing for second reading of this Ordinance set for the 3'd day of December, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Color Andrew P. Daly, r A EST: 29�;z agel, c own Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this -� day of L"�� bs, 2013. Andrew P. Daly, r A EST: Ta my Nag �ing own erk 9r Z �47 A• Ordinance No. 19, Series of 2013