HomeMy WebLinkAbout2020 Ordinance No. 031
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BY AUTHORITY
ORDINANCE NO. 31 COUNCIL BILL NO. 27
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION
2 OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING
UPDATES TO THE JURISDICTION AND APPLICABILITY OF
THE FLOODPLAIN REGULATIONS OF THE CITY OF
ENGLEWOOD, COLORADO
WHEREAS, the legislature of the State 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 pursuant to Title 29, Article 20
C.R.S., as amended;
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 government 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 hazards to other
lands because they are inadequately anchored, elevated, flood proofed or otherwise
protected from flood hazards;
WHEREAS, it is the purpose of the adopted Floodplain regulations of the City to
promote the public health, safety, and welfare, and to minimize public and private losses
due to flood conditions in specific areas; and
WHEREAS, municipalities have been directed 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 on or before September 4, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Title 16, Chapter 4, Section 2. Title 16, Chapter 4, Section 2,
Subsection A, 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
City defined as:
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1. The special flood hazard areas identified by the Federal Emergency
Management Agency “FEMA” in a scientific and engineering report
entitled “Flood Insurance Study – Arapahoe County, Colorado, and
Incorporated Areas” with accompanying Flood Insurance Rate
Maps and Flood Boundary-Floodway Maps (“FIRM and/or FBFM”)
and any revisions thereto. All revisions to the FIRM’s and/or FBFM’s
applicable to land within the City and issued by FEMA through a
Letter of Map Revision (“LOMR”) or Physical Map Revision (“PMR”)
are hereby deemed adopted by the City as of the effective date of
the LOMR or PMR.
2. All revisions to the FIRM’s and/or FBFM’s and/or flood boundary-
floodway maps applicable to land within the City and issued by
FEMA through a Letter of Map Revision (“LOMR”) or Physical Map
Revision (“PMR”) shall be conveyed to the City Council by written
technical report within sixty (60) days of having been received by
the City.
3. 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 by Gingery Associates, Inc., and approved
by the Colorado Water Conservation Board on January 30, 1980.
4. Flood Hazard Area delineated as Harvard Gulch and Dry Gulch
prepared by Matrix Design Group in February of 2017, and
approved by the Colorado Water Conservation Board on January
23, 2018.
The above Official Flood Studies are hereby adopted by reference
and declared to a part of this Title.
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.
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a. No vacant land shall be occupied or used and no building
shall hereafter erected, altered, or moved on the floodplain
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 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 no
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
imposed 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 or
repeal any other powers granted under State Statutes.
F. Warning and Disclaimer 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 obstacles or natural causes, such as ice jams,
and bridge, culvert, and drainage 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. Notice of general provisions and findings applicable to
interpretation and application of this Ordinance:
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Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title
1, Chapter 2, Saving Clause apply to interpretation and application of this
Ordinance, unless otherwise set forth above, 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.
Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate
that except as otherwise provided within specific Titles, Chapters, or Sections of
the Englewood Municipal Code, the violation of any provisions of the Code, or of
any secondary code adopted therein, shall be punished by a fine not exceeding
two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term
not exceeding three hundred sixty (360) days or by both such fine and
imprisonment.
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 5th day of October,
2020.
Published by title as a Bill for an Ordinance in the City’s official newspaper on
the 8th day of October, 2020.
Published as a Bill for an Ordinance on the City’s official website beginning on
the 7th day of October, 2020 for thirty (30) days.
Read by title and passed on final reading on the 19th day of October,
2020.
Published by title in the City’s official newspaper as Ordinance No. 31,
Series of 2020, on the 22nd day of October, 2020
Published by title on the City’s official website beginning on the 21st day of
October, 2020 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following
final passage.
Linda Olson, Mayor
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ATTEST:
Stephanie Carlile, City Clerk
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. 31, Series of 2020.
Stephanie Carlile
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