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