HomeMy WebLinkAboutordinance.council.007-87 ORDINANCE NO. '~ (Series of 1987)
AN ORDINANCE AMENDING SECTION 7-141(c) OF THE MUNICIPAL CODE OF
THE CITY OF ASPEN, COLORADO, TO SET FORTH REQUIREMENTS FOR
APPLICATIONS OF BUILDING PERMITS IN FLOOD HAZARD AREAS FOR THE
PURPOSE OF MEETING THE MINIMUM REQUIREMENTS OF THE NATIONAL FLOOD
INSURANCE PROGRAM
WHEREAS, the Federal Emergency Management Agency has
recommended the enactment of regulations restricting development
in flood hazard areas as required for participation in the
National Flood Insurance Program; and
WHEREAS, the City deems it to be in the best interest of the
City, its inhabitants and visitors to amend Section 7-141(c) as
hereinbelow provided in order to minimize public and private
losses due to flood conditions in specific areas, and also for
the purpose of complying with the minimum requirements estab-
lished by the National Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
The City Council of the City of Aspen hereby finds that:
1. The flood hazard areas of the City of Aspen are subject
to periodic inundation which results in loss of life and pro-
perty, 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. Flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazards which increase
flood heights and velocities and when inadequately flood-proofed,
elevated or otherwise protected from flood damage also contribute
to the flood loss.
Section 2
That subsection (c) of Section 7-141 of the Municipal Code
of the City of Aspen, Colorado, pertaining to amendments or
additions to Section 302(a) of the Uniform Building Code (1979
Edition) shall be amended, so as to revise the requirements
pertaining to applications for construction in special flood
hazard areas, to read as follows:
"9. In addition to the requirements for permit
applications set forth in Section 302(a),
when construction or development is proposed
in a special flood hazard area as identified
by the Flood Insurance Study for the City of
Aspen dated December 4, 1985, a certification
from a registered professional engineer or
architect shall be submitted for public
recordation, verifying full and accurate
compliance with the following additional
requirements:
(a) Accurate elevations (in relation to
mean sea level) of the lowest floor
(including basement) of all new or
substantially improved structures
located in the special flood hazard
area. For floodplain management
purposes only, "lowest floor" means
the lowest floor of the lowest
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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, shall not be
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.
(b) A verification and recordation of
the actual elevation (in relation
to mean sea level) to which the
structure will be floodproofed.
(c) A demonstration that all new
construction and substantial
improvements will be anchored to
prevent flotation, collapse or
lateral movement of the structure.
(d) A demonstration that any new
construction or substantial
improvements of any structure will
have the lowest floor, including
basement, elevated to at least two
feet above the base flood eleva-
tion.
(e) All new construction and substan-
tial improvements shall be con-
structed with materials and utility
equipment resistant to flood damage
using methods and practices that
minimize flood damage.
(f) All new and replacement water
supply systems shall be designed to
minimize or eliminate infiltration
of flood waters into the system.
(g) New and replacement sanitary sewage
systems shall be designed to
minimize or eliminate infiltration
of flood waters into the systems
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and discharge from the systems into
flood waters.
(h) On-site waste disposal systems
shall be located to avoid impair-
ment to them or contamination from
them during flooding.
(i) Electrical, heating, ventilation,
plumbing and air-conditioning
equipment and other service
facilities shall be designed and/or
located so as to prevent water from
entering or accumulating within the
components during conditions of
flooding.
(j) There shall be no manufactured
homes permitted within the 100-year
floodplain.
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 4
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinance.
Section 5
A public hearing on the ordinance shall be held on the
day of //~..% ~'-J , 1987, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the :/-~ ~'~':~ day of
William L. stirling, Ma~or
ATTEST:
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FINALLY adopted, passed and approved this ~ day of
William L. Stirling, May~
ATTEST:
Kathryn %~ Koch, City Clerk
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