HomeMy WebLinkAboutordinance.council.032-87 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 p~.blic 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 (as revised effective
June 4, 1987), 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
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
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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 f!oodproofed.
(c) A demonstration that all new construction and
substantial improvements will be anchored to
prevent flotation, collapse or lateral movement of
the structure.
(d) The City Engineer shall obtain, review and
reasonably utilize any base flood elevation and
floodway data available from a Federal, State, or
other source, as criteria for requiring that new
construction, substantial improvements, or other
development in Zone A will have the lowest floor,
including the basement, elevated to provide at
least two feet of clearance above the base flood
elevation.
- (e) All new construction and substantial improvements
shall be constructed 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 and discharge
from the systems into flood waters.
(h) On-site waste disposal systems shall be located to
avoid impairment 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 d~ring conditions of
flooding.
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(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 ~ , 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
__, 1987 .
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ATTESt:
Kathryn S.&~°ch, City Clerk
FINALLY adopted, passed and approved this ~~--~day of
~illia~ L. Stifling, ~a¥or
ATTEST:
Kathryn ~/ Koch, City Clerk