HomeMy WebLinkAboutordinance.council.062-85 ORDINANCE NO. _~___~__
(Series of 1985)
AN ORDINANCE AMENDING APPLICABLE PROVISIONS OF CHAPTER 7 AND CHAP-
TER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO
MEET MINIMUM REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM
BY:
* AMENDING SECTION 7-141(c) TO SET FORTH REQUIREMENTS FOR
APPLICATIONS OF BUILDING PERMITS IN FLOOD HAZARD AREAS;
* AMENDING SECTION 20-17 TO SET FORTH STANDARDS FOR APPLICA-
TIONS FOR SUBDIVISIONS IN SPECIAL FLOOD HAZARD AREAS;
* AMENDING SECTION 24-6.3 TO ARTICULATE STREAM MARGIN REVIEW
CRITERIA TO RESTRICT DEVELOPMENT OR CONSTRUCTION WITHIN FLOOD
HAZARD AREAS; AND
* AMENDING SECTION 24-13.3(b) TO PROVIDE THAT THERE SHALL BE
NO RECONSTRUCTION OR REPLACEMENT OF A NON-CONFORMING STRUCTURE
WHICH IS SUBSTANTIALLY DAMAGED UNLESS IN COMPLIANCE WITH CURRENT
FLOOD HAZARD REGULATIONS
WHEREAS, the Federal Emergency Management Agency has recom-
mended 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 various provisions
of Chapter 7, Chapter 20 and Chapter 24 of the Municipal Code 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 established 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 Insurance Study for the City of Aspen", dated
December 4, 1985, with accompanying flood insurance rates and
flood boundary-floodway maps, prepared by the Federal Emergency
Management Agency, identifies areas of special flood hazards. The
study and the findings set forth therein are hereby adopted and
incorporated herein by this reference.
2. The flood hazard areas of the City of Aspen are subject
to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
3. 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 anchored,
damage uses in other areas. Uses that are inadequately flood-
proofed, elevated or otherwise protected from flood damage also
contribute to the flood loss.
Section 2
That subsection (c) of of Section 7-141 of the Municipal Code
of the City of Aspen, Colorado, pertaining to amendments or addi-
tions to Section 302(a) of the Uniform Building Code (1979 Edi-
tion) shall be amended, so as to revise the requirements pertain-
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ing 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 devel-
opment 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.
(b) A verification and recordation of the actual eleva-
tion (in relation to mean sea level) to which the
structure will be floodproofed.
(c) A demonstration that all new construction and sub-
stantial improvements will be anchored to prevent
flotation, collapse or lateral movement of the
structure.
(d) A demonstration that any new construction or sub-
stantial improvements of any structure will have
the lowest floor, including basement, elevated to
at least two feet 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.
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Section 3
That Section 20-17 of the Municipal code of the City of
Aspen, Colorado, pertaining to subdivision design standards~ shall
and hereby is amended to add a new subsection "(g)" to read as
follows:
"(g) Flood hazard areas. The following standards shall apply
for subdivisions or any part thereof with special flood
hazard areas as defined in Section 24-6.3 of the
Municipal Code:
(1) All subdivision proposals shall be consistent with
the need to minimize flood d~mage with public util-
ities and facilities such as sewer, gas, electri-
cal, and water systems located and constructed to
minimize flood damage and adequate drainage pro-
vided to reduce exposure to flood damage;
(2) Base flood elevation data shall be provided for
subdivision proposals and other proposed develop-
ment which contain at least 50 lots or 5 acres
(whichever is less).
Section 4
That Section 24-6.3 of the Municipal Code of the City of
Aspen, Colorado, shall and hereby is amended to read as follows:
Sec. 24-6.3. Stream Margin and Flood Hazard Review.
(a) Intention. To guide development and encourage appropri-
ate uses of land in proximity to designated natural
water courses, to promote safety from flooding, to pre-
vent impediment of natural water flow, to insure provi-
sions for adequate protection and preservation of desig-
nated natural water courses as important natural fea-
tures, and to restrict development in flood hazard
areas.
(b) Permit. It shall be unlawful for any development to
occur on any lands or in any air space within one
hundred (100) feet measured horizontally from the high
water line of the Roaring Fork River and its tributary
streams, or within the one-hundred year flood plain
where it extends beyond one hundred (100) feet from the
high water line, or within a flood hazard area as
defined herein, until an application therefor demon-
strating full compliance with the requirements of this
section has been reviewed and approved by the Planning
and Zoning Commission and a development permit issued
therefor.
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(C) Definitions. For purposes of this Section 24-6.3 cer-
tain words and phrases used herein shall be defined as
follows:
"Base Flood" means the flood haviQg a one percent (1%)
chance of being equaled or exceed~in any given year.
"Development" means any man-made change ~to improved or
unimproved real estate, including but no% limited to
buildings or other structures, mining, dredging, fill-
ing, grading, paving, excavation or drilling operations
located within one hundred (100) feet measured horizon-
tally from the high water line of the Roaring Fork River
and its tributary streams, or within the one-hundred
year flood plain where it extends beyond one hundred
(100) feet from the high water line, or within a special
flood hazard area.
"Floodway" means the channel of a river or other water
course or the adjacent land areas that must be reserved
in order to discharge the base flood without increasing
the water surface elevation.
"Special Flood Hazard Area" means the land in the flood
plain subject to a one percent (1%) or greater chance of
flooding in any given year as identified by the "Flood
Insurance Study for the City of Aspen", dated December
4, 1985, and kept on file in the office of the City
Engineer.
"Substantial Improvement" means any repair, reconstruc-
tion or improvement of a structure, the cost of which
equals or exceed 50 percent of the market value of the
structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being
restored, before the damage occurred. For the pur-
pose 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 "substantial improvement" does
not, however, include any project for improvement
of a structure to comply with existing state or
local health, sanitary, or safety code specifica-
tions which are solely necessary to assure safe
living conditions, or any alteration of a structure
listed on the Natinoal Register or Historic Places
or a State Inventory of Historic Place.
"Water Course" means any river or stream located in the
City of Aspen, including, but not limited to, the Roar-
ing Fork River and its tributary streams.
(d) Plan specifications. A development plan shall be sub-
mitted to the Planning Director which supplies the fol-
lowing information:
(1) Boundary of the property for which development is
requ~.?d;
(2) Two~ntours; five foot intervals for grades over
10%;
(3) Existing and proposed improvements;
(4) Construction procedure to be used;
(5) Existing trees and shrubs;
(6) The 100 year flood plain line;
(7) When development is proposed in a special flood
hazard area: accurate elevations (in relation to
mean sea level) of the lowest floor, including
basesment, of all new or substantially improved
structures; a verification and recordation of the
actual elevation in relation to mean sea level to
which any structure is constructed; a demonstration
that all new construction or substantial improve-
ments will be anchored to prevent flotation, col-
lapse or lateral movement of any structure to be
constructed or improved; a demonstration that the
structure will have the lowest floor, including
basement, elevated to at least two (2) feet above
the base flood elevation, all as certified by a
registered professional engineer or architect.
(e) Review criteria. In reviewing the plan for proposed
development, the planning and zoning commission shall
consider the following guidelines and standards, and
impose the following conditions for permit approval:
(1) No development shall occur within a special flood
hazard area unless it can be demonstrated that
there will be no increase in base flood elevation
as a result of the development, as shown by an
elevation certificate prepared by a professional
engineer registered to practice in the State of
Colorado.
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(2) In the event there is a trail designated by an
approved trail plan within the development site~
such trail shall be dedicated for public use.
(3) All attempts should be made to implement the recom-
mendations of the Roaring Fork Greenway Plan pre-
pared by the Roaring Fork Greenway Committee.
(4) Vegetation shall not be removed nor any slope grade
changes made that may produce erosion of the stream
bank.
(5) All efforts shall be made to reduce pollution and
interference with the natural changes of the river,
stream or other water course, and to enhance the
value thereof as an important natural feature.
(6) Written notice shall be given to the Colorado Water
Conservation Board prior to any alteration or relo-
cation of the water course, and a copy of said
notice shall be submitted to the Federal Emergency
Management Agency.
(7) In the event a water course shall be altered or
relocated, the applicant and applicant's heirs,
successors and assigns shall provide maintenance to
assure that the flood carrying capacity .is not
diminished.
(8) Copies shall be submitted of all necessary federal
and state permits relating to work within the one
hundred year floodplain.
Section 5
That subsection (b) of Section 24-13.3 of the Municipal Code
of the City of Aspen, Colorado, pertaining to reconstruction of
non-conforming structures is hereby amended to add language per-
taining to reconstruction within a flood hazard area, said subsec-
tion to read as follows:
"(b) Should such non-conforming structures or non-conforming
portion of a structure be destroyed by any means and
shall not have been repaired or replaced within two (2)
years from the date of loss, it shall not be recon-
structed except in conformity with the provisions of
this code; provided, further, that any non-conforming
structure located within a flood hazard area as defined
in Section 24-6.3 which is substantially destroyed may
only be repaired, replaced or reconstructed within its
original footprint and only in strict accordance with
all current flood hazard standards and requirements of
this code (see e.g.~ Section 7-141(c); Section 24-6.3).
Section 6
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 6
a public hearing on the ordinance shall be held on the ~L<
.................................. , Aspen, Colorado, 15 days prior
to which heearing notice of the same shall be published once in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law of
the. City Council of the City of Aspen on the JL~_ day of
............ , 98 5.
William L. ~ ....
ATTEST:
Katnryn ~. K5~, Ci~-Clerk )
FINALLY adopted, passed and approved this _~ day of
~ ~lliam L. Stirli~ Mayor ~
A~TEST:
Kathryn S, Koch, City Clerk /
5C
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RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO CERTIFi~TE
COU~Y OF PITKIN
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby
certify that the above and foregoing ordinance was introduced,
read in full, and passed on first reading at a regular meeting of
the City Council of the City of Aspen on ~~ ~ . ,
1985, and published in the Aspen Times, a weekly newspa~r of
general circulation published in the City of Aspen,Colorado, in
its issue of ~~ ~ 1985, andwas finally
adopted and approved at a regular meeting of the City Council on
~ /~ , 1985, and ordered published as
Ordinance No. ~_.~-=, Series of 1985, of said City as provided
by law.
IN WITNESS WHEREOF, I have hereunto set my hand and the ~al
of said City of Aspen, Colorado this _~_~F-/c/ day of
Kathryn ~'~ch, dity Cl~rk
Deputy City Clerk