HomeMy WebLinkAbout2018 Ordinance No. 006ORDINANCE NO. 6
SERIES OF 2018
BY AUTHORITY
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 2 OF
THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING UPDATES
TO THE JURISIDICTION AND APPLICABILITY OF THE FLOODPLAIN
REGULATIONS OF THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, The legislature of the State has in Title 29, Article 20 C.R.S., as amended, delegated the
responsibility to local governmental units to adopt regulations designed to promote the public health, safety,
and general welfare of its citizenry by minimizing flood losses;
WHEREAS, The flood hazard areas of the City are subject to periodic inundation which can result 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;
WHEREAS, These flood losses are caused by the cumulative effect of obstructions in special flood
hazard areas that cause an increase in flood heights and velocities, and by the occupancy of flood hazard
areas by uses vulnerable to floods and hazardous to other lands because they are inadequately anchored,
elevated, flood proofed or otherwise protected from flood damage;
WHEREAS, It is the purpose of the adopted Floodplain regulations of the City to promote the public
health, safety and general welfare, and to minimize public and private losses due to flood conditions in
specific areas; and
WHEREAS, The City of Englewood has until April 18, 2018 to adopt and have the
Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional
Office approve updated floodplain management measures that satisfy 44 C.F.R. Section 60.3(d) of
the National Flood Insurance Program regulations to maintain federal flood insurance for
properties within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 16. Chapter 4. Section 2. Title 16, Chapter 4, Section 2 of the
Englewood Municipal Code shall be amended as follows:
16-4-2: Jurisdiction and Applicability.
A. Applicability. The provisions of this Chapter shall apply to all land within the C ity defined as:
I. The special flood hazard areas identified by the Federal Emergency Management Agency in
a scientific and engineering report entitled "Flood Insurance Study -Arapahoe County,
Colorado, and Incorporated Areas" dated Deeel'Rlrnr 17, 2Q IQ, t\Qril 1.8, 20_18 with
accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and
FBFM) and any revisions thereto, and
2. The boundaries of the West Harvard Gulch Flood Hazard Area as shown on Sheets 13 and 14
in a report entitled "Flood Hazard Area Delineation, Harvard Gulch, West Harvard Gulch, and
Dry Gulch" dated December 1979, prepared by Gingery Associates, Inc., and approved by the
Colorado Water Conservation Board on January 30, I 980.
~ FIQod l:{azard Area delineated as _Harvard _Gulch _and Dl:Y. .Gulch ~pared b_x fytatrix Design
9rou p inJ:ebruary of' 20J _:z..__and _a_Qpl'.O.Y.ed by the Colorado Water Conservation Board _on
Janua ~23i 20_1_8.
The abov_e _Official Elood .St!!dies.are hereb_y ado_R_ted ey reference .and declared to be_a_n art _of
!his Title.
B. Basis for Establishing Special Flood Ha=ard Areas. The City hereby establishes floodplains and
floodways whose boundaries are those of the designated I 00-year floodplain, special flood hazard
areas and the designated floodways as are shown or tabulated in the Flood Insurance Study for the
City of Englewood.
C. Compliance. No structure or land located in a special flood hazard area shall hereafter be
constructed, located, extended, converted, altered or have its use changed without full compliance
with the terms of this Chapter and all other applicable regulations. These regulations meet the
minimum requirements set forth by the Colorado Water Conservation Board and the National Flood
Insurance Program.
I. Floodplain Development Permit. A Floodplain Development Permit shall be required prior to
commencement of any construction or other development to ensure conformance with the
provisions of this Chapter.
2. Certificate of Compliance.
a. No vacant land shall be occupied or used and no building shall be hereafter erected,
altered, or moved on the floodplains of any watercourse, nor shall such buildings be
occupied, until a certificate of compliance has been issued by the Floodplain
Administrator.
b. The applicant shall submit a certification by a registered Colorado professional engineer
to the Floodplain Administrator that the finished fill and building floor elevations,
floodproofing measures, or other protection factors were accomplished in compliance
with the provisions of this Chapter. This certification shall also state whether or not the
structure contains a basement. Within ten ( I 0) days after receipt of such certification
from the applicant, the Floodplain Administrator shall issue a certificate of compliance
only if the building or premises and the proposed use thereof, confonn with all of the
requirements of this Chapter.
D. Abrogation and Greater Restrictions. The regulat ions of this Chapter shall be construed as being
supplementary to the regulations imposed on the same lands by the underlying zone classification.
This Chapter is not intended to repeal, abrogate, or impair any existing easement, covenants, or
deed restrictions. However, where this Chapter and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall apply.
E. /11terpretatio11. In their interpretation and application, the provisions of this Chapter shall be held
to be minimum requirements, shall be liberally construed in favor of the City, and shall be deemed
neither to limit nor repeal any other powers granted under State Statutes.
2
F. Waming and Disclaimer of Liability. The degree of flood protection intended to be provided by
this Chapter is considered reasonable for regulatory purposes and is based on engineering and
scientific considerations. Larger floods may occur on occasions, or the flood height may be
increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.
This Chapter does not imply that the areas outside of special flood hazard areas or land uses
permitted within such areas will always be free from flooding or flood damages. This Chapter shall
not create liability on the part of the City or any officer or employee thereof for any flood damages
that result from reliance on this Chapter or any administrative decision lawfully made thereunder.
G. Severability. See Section 16-1-10 EMC, (Severability).
Section 2. Standard ordinance provisions.
Applicability of Title 1, Chapter 2, Saving Clause. The general provisions of Title I, Chapter 2, Saving
Clause apply to interpretation and application of this Ordinance, including, but not limited to, the provisions
regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and
legislation not affected by repeal.
Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, that it is promulgated for the health,
safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be obtained.
Introduced, read in full, and passed on first reading on the 2 nd day of April, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4 th day of
April, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of
April, 2018.
Read by Title and passed on final reading on the 16th day of April, 2018.
Published by Title in the City's official newspaper as Ordinance No.6, Series of 2018, on the
I 9th day of April, 2018.
Published by title on the City's official website beginning on the 18th day of
April, 2018 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
~
Rita Russell, Mayor Pro Tern
ATTEST:
3
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. 6, Series of 2018.
4
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
The Honorable Joe Jefferson
Mayor, City of Englewood
I 000 Englewood Parkway
Englewood, Colorado 80110
Dear Mayor Jefferson:
U.S. Department or Homeland Security
S00 C Street, SW
Wash ington, DC 20472
FEMA
JAN O 3 l018
I commend you for the efforts that have been put forth in implementing the floodplain management
measures for the City of Englewood, Colorado, to participate in the National Flood Insurance
Program (NFIP). As you implement these measures, I want to emphasize the following :
-a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been
completed for your community;
-the FIS and FIRM will become effective on April 18, 2018; and
-by the FIS and FIRM effective date, the Department of Homeland Security's Federal
Emergency Management Agency (FEMA) Regional Office is required to approve the
legally enforceable floodplain management measures your community adopts in
accordance with Title 44 Code of Federal Regulations Section 60.3(d).
As noted in FEMA's letter dated October I 8, 2017, no significant changes have been made to the
flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for
Arapahoe County . Therefore, the City of Englewood should use the Preliminary and/or revised
Preliminary copies of the FIRM as the basis for adopting the required floodplain management
measures. Final printed copies of the FIRM for the City of Englewood will be sent to you within the
next few months.
If you encounter difficulties in enacting the measures, I recommend you contact the Colorado Water
Conservation Board. You may contact Stephanie DiBetitto, CFM, the NFIP State Coordinator, by
telephone at (303) 866-3441, Extension 3221, in writing at 1313 Sherman Street, Room 721,
Denver, Colorado 80203, or by electronic mail at stephanie.dibetitto@state.co.us .
The FEMA Regional staff in Denver, Colorado, is also available to provide technical assistance and
guidance in the development of floodplain management measures. The adoption of compliant
floodplain management measures will provide protection for the City of Englewood and will ensure
its participation in the NFIP . The Regional Office may be contacted by telephone at (303) 235-4800
or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation
Division, FEMA Region VIII, at the Denver Federal Center, Building 710, Box 25267,
Denver, Colorado 80225.
www.fema.gov
The Honorable Joe Jefferson
JAN O 3 2018
Page 2
You may have already contacted the NFIP State Coordinator and/or the FEMA Regional Office, and
may be in the final adoption process or recently adopted the appropriate measures. However, in the
event your community has not adopted the appropriate measures, this Jetter is FEMA's official
notification that you only have until April 18, 2018, to adopt and/or submit a floodplain management
ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the
FEMA Regional Office by the effective date. Your community's adopted measures will be reviewed
upon receipt and the FEMA Regional Office will notify you when the measures are approved.
I appreciate your cooperation to ensure that your community's floodplain management measures are
approved by the FEMA Regional Office by April 18, 2018. Your compliance with these mandatory
program requirements will enable your community to avoid suspension from the NFIP.
Sincerely,
Rachel Sears, Director
Floodplain Management Division
Mitigation Directorate I FEMA
cc: Lee dePalo, Regional Administrator, FEMA Region VIII
Stephanie DiBetitto, CFM, NFIP State Coordinator, Colorado Water Conservation Board
Paul Weller, Engineering Manager, City of Englewood
Federal Emergency Management Agency
Washington, D.C. 20472
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
October 18, 2017
The Honorable Joe Jefferson
Mayor, City of Englewood
I 000 Englewood Parkway
Englewood, Colorado 80110
Dear Mayor Jefferson:
IN REPLY REFER TO:
115-N
Dutch Creek ,
Coon Creek,
Coal Creek,
No revisions within
Englewood
Community: City of Englewood,
Arapahoe County,
Colorado
Community No.: 085074
Map Panels Affected: See FIRM Index
On March 10, 2016, the Department of Homeland Security's Federal Emergency Management Agency
(FEMA) provided you with Preliminary copies of the revised Flood Insurance Rate Map (FIRM) and
Flood Insurance Study (FIS) report for Arapahoe County, Colorado and Incorporated Areas for your
review and comment. Those Preliminary copies presented revised flood hazard information for your
community, but did not present any proposed addition of and/or modification to Base ( I-percent annual
chance) Flood Elevations, base flood depths, Special Flood Hazard Areas (SFHAs), zone designations, or
regulatory floodways. Therefore, no appeal period was required.
Your community was provided with a 30-day review period, and that period has now elapsed. No
comments or concerns about the Preliminary copies of the revised FIRM and FIS report were submitted
to FEMA; therefore, the revised FIRM panels, as referenced above, will be effective as of April 18, 2018,
and revise the FIRM that was in effect prior to that date. For insurance rating purposes, the community
number and new suffix code for the FIRM panels being revised are indicated on the panels and must be
used for all new policies and renewals.
The modifications are pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (Public
Law 93-234) and are in accordance with the National Flood Insurance Act of 1968, as amended
(Title XIII of the Housing and Urban Development Act of 1968, Public Law 90-448), 42 U.S.C . 4001-
4128, and 44 CFR Part 65. Because of the modifications to the FIRM and FIS report for your community
made by this map revision, certain additional requirements must be met under Section 1361 of the 1968
Act, as amended, within 6 months from the date of this letter . Prior to April 18, 2018, your community is
required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt
or show evidence of adoption of floodplain management regulations that meet the standard of Paragraph
60.3(d) of the NFIP regulations. These standards are the minimum requirements and do not supersede
any State or local requirements of a more stringent nature.
It must be emphasized that all the standards specified in Paragraph 60.3(d) of the NFIP regulations must
be enacted in a legally enforceable document. This includes the adoption of the effective FIRM and FIS
report to which the regulations apply and the modifications made by this map revision. Some of the
standards should already have been enacted by your community. Any additional requirements can be met
by taking one of the following actions:
2
I. Amending existing regulations to incorporate any additional requirements of Paragraph 60.3( d);
2. Adopting all the standards of Paragraph 60.3( d) into one new, comprehensive set of regulations;
or
3. Showing evidence that regulations have previously been adopted that meet or exceed the
minimum requirements of Paragraph 60.3( d).
Communities that fail to enact the necessary floodplain management regulations will be suspended from
participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the 1973 Act as
amended.
A Consultation Coordination Officer (CCO) has been designated to assist your community with any
difficulties you may be encountering in enacting the floodplain management regulations. The CCO will
be the primary liaison between your community and FEMA. For information about your CCO, please
contact:
Ms. Jeanine Petterson
Director, Federal Insurance and Mitigation Division
Federal Emergency Management Agency, Region VlII
Denver Federal Center, Building 710
P.O. Box 25267
Denver, CO 80225-0267
(303) 235-4830
To assist your community in maintaining the FIRM, we reviewed our records to determine if any previous
Letters of Map Change (i.e., Letters of Map Amendment, Letters of Map Revision) will be superseded
when the revised FIRM panels become effective. According to our records, no Letters of Map Change
were issued previously for the affected FIRM panels.
The FIRM panels have been computer-generated. Once the FIRM and FIS report are printed and
distributed, the digital files containing the flood hazard data for the entire county can be provided to your
community for use in a computer mapping system. These files can be used in conjunction with other
thematic data for floodplain management purposes, insurance purchase and rating requirements, and
many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be
obtained by calling our FEMA Map Infonnation eXchange (FMIX), toll free, at 1-877-FEMA MAP
( J-877-336-2627). In addition, your community may be eligible for additional credits under our
Community Rating System if you implement your activities using digital mapping files.
If you have any questions regarding the necessary floodplain management measures for your community
or the NFIP in general, we urge you to contact the Director, Mitigation Division of FEMA in Denver,
Colorado at (303) 235-4830 for assistance. lfyou have any questions concerning mapping issues in
general, please call our FMIX at the toll free number shown above. Additional information and resources
your community may find helpful regarding the NFIP and floodplain management, such as The National
Flood Insurance Program Code of Federal Regulations, Answers to Questions About the National Flood
/11s11ra11ce Program, Use of Flood /11s11ra11ce Study (FIS) Data As Available Data, Frequent(v Asked
Questions Regarding the Effects that Revised Flood Ha=ards have 011 Existing Stmctures, and National
3
Flood /11sura11ce Program Elevation Certificate a11d lnstructio11s, can be found on our website at
hllp://www.floodmaps .fcma .gov/lfd. Paper copies of these documents may also be obtained by calling
our FMIX.
cc: Community Map Repository
Sincerely,
Luis Rodriguez, P.E., Director
Engineering and Modeling Division
Federal Insurance and Mitigation Administration
Brook Bell, Planner II and Interim Floodplain Administrator, City of Englewood
Paul Weller
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Hello Paul,
Terri Fead <tfead@udfcd.org>
Tuesday, October 24, 2017 4:49 PM
Paul Weller
Brabenec, Dawn {dawn.brabenec@fema.dhs.gov); Porter, Stephanie; Shea Thomas;
Bruce A. Behrer
letter of Final Determination for Dutch Creek, Coon Creek, and Coal Creek Physical
Map Revision to City of Englewood
App_085074_Englewood_City_Colorado_ 11 SN.PDF;
ProjectScope_Dutch,Coon,CoalCreekPM R.pdf
High
Given the current concerns regarding floodplain mapping within the City of Englewood, I wanted to explain a recent
letter that went to your Mayor. The Letter of Final Determination (LFD) for the Dutch Creek, Coon Creek and Coal Creek
Physical Map Revision {PMR) was issued on October 18, 2017 (see attached letter). As Floodplain Administrator, I
wanted to make sure that you knew about the letter, and that the Dutch Creek, Coon Creek and Coal Creek PMR does
not result in any revisions within the City of Englewood jurisdiction. The community received this letter because a
Flood Insurance Rate Panel {FIRM) affecting the City of Englewood was impacted, even though the revised study was
outside your jurisdiction.
Please let me know if you have questions or require additional information.
Thanks,
Terri
Terri Fead, P.E.
Project Manager I Watershed Services
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT
2480 W . 26TH Ave. Suite 156-B I Denver, CO 80211
P: 303.455.6277 I www.udfcd.org
Protecting people, property, and the environment
l
Project Scope -7
■ City and County of Denver
• 2 FIRM panels -251H and 252H .....
• 1 Index
o:,u
0188 G 01 1 ..-t--Jf'----t--+--I ~~
.. ,~ • N• 4 tit:! j lftt_•0 Gtt I;' .. ;a l
Revi sed Panels
\
Chy and Counly of Dem,er
Coon Cr
0251 G 0252 G
.FEMA c<t>mpass
Identify, Interpret, Integrate
Project Scope
r~
• Arapahoe County
iJ
Li~
la: [\ ,,-...
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• 10 FIRM panels -216L, 217L, 218L, 219L, 240L, 431L, 432L, 507L, 530L,
SSOL
■ 2 Index panels
• Communities affected: Aurora (no revised study), Englewood (no
revised study), Littleton, Columbine Valley
-
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c<t>mpass
Identify, Interpret, Integrate
'
16-4-2: -Jurisdiction and Applicability.
A. Applicability. The provisions of this Chapter shall apply to all land within the City defined as:
1. The special flood hazard areas identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled "Flood Insurance Study -Arapahoe County, Colorado,
and Incorporated Areas" dated December 17, 2010, 8.p_rjl.1a....2Q..18 with accompanying Flood
Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any
revisions thereto, and
2. The boundaries of the West Harvard Gulch Flood Hazard Area as shown on Sheets 13 and 14
in a report entitled "Flood Hazard Area Delineation, Harvard Gulch, West Harvard Gulch, and
Dry Gulch" dated December 1979, prepared by Gingery Associates, Inc., and approved by the
Colorado Water Conservation Board on January 30, 1980.
The above Official Flood Studies are hereby adopted by reference and declared to be a part of
this Title.
3_. FI Q.Qd Hazard t)r~il g~Hn eaie_.d_jl.$ t:ta(1lard Guieb and D.f¥.:Gylcb.er~are_g_p~ M<ltrix Oesjg_n
GTI>...u p in E~b(!@}', oJ 1 0 17..Jnd...app~ ey_lb~M>lora~o Water Conse rva;t ioo Bg11rd RQ
J a nuar)L23.._2_01&.
B. Basis for Establishing Special Flood Hazard Areas. The City hereby establishes floodplains and
floodways whose boundaries are those of the designated 100-year floodplain, special flood hazard
areas and the designated floodways as are shown or tabulated in the Flood Insurance Study for the
City of Englewood.
C. Compliance. No structure or land located in a special flood hazard area shall hereafter be
constructed, located, extended, converted, altered or have its use changed without full compliance
with the terms of this Chapter and all other applicable regulations. These regulations meet the
minimum requirements set forth by the Colorado Water Conservation Board and the National Flood
Insurance Program.
1. Floodplain Development Permit. A Floodplain Development Permit shall be required prior to
commencement of any construction or other development to ensure conformance with the
provisions of this Chapter.
2. Certificate of Compliance.
a. No vacant land shall be occupied or used and no building shall be hereafter erected,
altered, or moved on the floodplains of any watercourse, nor shall such buildings be
occupied, until a certificate of compliance has been issued by the Floodplain Administrator.
b. The applicant shall submit a certification by a registered Colorado professional engineer to
the Floodplain Administrator that the finished fill and building floor elevations, floodproofing
measures, or other protection factors were accomplished in compliance with the provisions
of this Chapter. This certification shall also state whether or not the structure contains a
basement. Within ten (10) days after receipt of such certification from the applicant, the
Floodplain Administrator shall issue a certificate of compliance only if the building or
premises and the proposed use thereof, conform with all of the requirements of this
Chapter.
D. Abrogation and Greater Restrictions. The regulations of this Chapter shall be construed as being
supplementary to the regulations imposed on the same lands by the underlying zone classification.
This Chapter is not intended to repeal, abrogate, or impair any existing easement, covenants, or
deed restrictions. However, where this Chapter and other ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall apply.
E. Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be
minimum requirements, shall be liberally construed in favor of the City, and shall be deemed neither
to limit nor repeal any other powers granted under State Statutes.
F. Warning and Disclaimer of Liability. The degree of flood protection intended to be provided by this
Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific
considerations. Larger floods may occur on occasions, or the flood height may be increased by man-
made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter
does not imply that the areas outside of special flood hazard areas or land uses permitted within
such areas will always be free from flooding or flood damages. This Chapter shall not create liability
on the part of the City or any officer or employee thereof for any flood damages that result from
reliance on this Chapter or any administrative decision lawfully made thereunder.
G. Severability. See Section 16-1-10 EMC, (Severability).
(Ord. 10-44, § I; Ord. 8-13, § 6)