HomeMy WebLinkAbout2015 Ordinance No. 036•
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ORDINANCE NO.~
SERIES OF 2015
BY AUTHORITY
COUNCll, BILL NO. 35
INTRODUCED BY COUNCIL
MEMBER Gil,LIT
AN ORDINANCE AUTHOR.IZ™G AN INTERGOVERNMENTAL AGREEMENT
REGARDING FUNDING OF MAJOR DRA1NAGEWAY PLANNING AND FLOOD
HAZARD AREA DELINEATION FOR DRY GULCH IN ENGLEWOOD.
WHEREAS, the Urban Drainage and Flood Control District in a policy statement previously
adopted (Resolution No. 14, Series of 1970), expressed an intent to assist public bodies which
have heretofore enacted floodplain zoning measures; and
WHEREAS, the Urban Drainage and Flood Control district has previously engaged with the
City and County of Denver in an "Agreement Regarding Funding of Major Drainageway Planning
and Flood Hazard Area Delineation for Harvard Gulch" (Agreement No. 14-10.04); and
WHEREAS, Parties now desire to proceed with development of a drainageway master plan and a
flood hazard area delineation (FHAD) report for Dry Gulch (tributary to Harvard Gulch) within the
City of Englewood (hereinafter caller "Project"); and
WHEREAS, the project will define the FHAD for Dry Gulch and develop a master plan, with cost
estimates, to mitigate or eliminate flooding of Dry Gulch; and
WHEREAS, property owners will be notified and invited to a public meeting during the study;
and
WHEREAS, the UDFCD will not submit the FHAD to FEMA without written authorization form
the City of Englewood; and
WHEREAS, Parties desire to engage an engineer to render certain technical and professional
advice and to compile information, evaluate, study, and recommend design solutions to such drainage
problems for "Project" which are in the best interest of Parties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil, OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I. The City Council of the City of Englewood, Colorado hereby authorizes an
Intergovernmental Agreement regarding funding of Major Drainageway Planning and Flood Haz.ard
Area Delineation for Dry Gulch in Englewood between the Urban Drainageway and Flood Control
District and the City of Englewood, Colorado, as attached hereto as Exhibit A.
Section 2. The Mayor is authorized to sign said Intergovernmental Agreement for and on behalf of
the City of Englewood.
Introduced, read in full, and passed on first reading on the 3rd day of August, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of
August, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of
August, 2015 for thirty (30) days.
Read by title and passed on final reading on the 17th day of August, 2015.
Published by title in the City's official newspaper as Ordinance No.&, Series of 2015, on
the 20th day of August, 2015.
Published by title on the City's official website beginning on the 19th day of
August, 2015 for thirty (30) days.
I. Loucrishia A. Ellis, City Clerk of the CiLy uf Englewood, Colorado, hereby certify that the
~bove and ~oregoing is,ljnle C?PY of the Ordinance passed on final reading and published by
title as Ordinance No.~ Senes of 2015. •
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AGREEMENT REGARDING FUNDING OF
MAJOR DRAINAGEWAY PLANNING AND
FLOOD HAZARD AREA DELINEATION FOR
DRY GULCH IN ENGLEWOOD
Agreement No. 15-07.02
TillS AGREEMENT, made this ____ day of _______ __, 2015, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT")
and CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"); (hereinafter ENGLEWOOD shall
be known as "PROJECT SPONSOR" and DISTRICT and PROJECT SPONSOR shall be collectively
known as "PARTIES");
WITNESSETII THAT:
WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No. 14, Series of
1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning
measures; and
WHEREAS, DISTRICT has previously established a Work Program for 2015 (Resolution No. 51,
Series of2014) which includes master planning; and
WHEREAS, DISTRICT has previously engaged with City e.nd County ofDenver in an
"Agreement Regarding Funding of Major Drainageway Planning and Flood Hazard Area Delineation for
Harvard Gulch" (Agreement No. 14-10.04); and
WHEREAS, PAR TIES now desire to proceed with development of a drainageway master plan and
a flood hazard area delineation (FHAD) report for Dry Gulch (tributary to Harvard Gulch) within the City
of Englewood (hereinafter called "PROJECT"); and
WHEREAS, PARTIES desire to engage an engineer to render certain technical and professional
advice and to compile information, evaluate, study, and recommend design solutions to such drainage
problems for PROJECT which are in the best interest of PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1. SCOPE OF AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT.
2. PROJECT AREA
DISTRICT shall engage an engineer and obtain mapping as needed to perform or supply necessary
services in connection with and respecting the planning of PROJECT of the area and watershed
shown on the attached Exhibit A dated July 2015, (hereinafter called "AREA").
3. SCOPE OF PROJECT
The purpose of PROJECT is to develop a drainageway master plan and FHAD, including
hydrologic infonnation and the locations, alignments, and sizing of stonn sewers, channels,
detention/retention basins, and other facilities and appurtenances needed to provide efficient
plan\Agrecment\ I S\I S0702
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A
4.
stonnwater drainage within AREA. The proposed work shall include, but not be limited to,
mapping; compilation of existing data; necessary field work; and development and consistent
evaluation of all reasonable alternatives so that the most feasible drainage and flood control master
plan can be determined and justified for AREA. Consideration shall be given to costs, existing and
proposed land use, existing and proposed drainage systems, known drainage or flooding problems,
known or anticipated erosion problems , stonnwater quality, right-of-way needs, existing wetlands
and riparian zones, open space and wildlife habitat benefits, and legal requirements. Schematic
alternative plans shall be developed such that comparison with other alternatives can be made.
Drainage system planning shall be done in three phases by the engineer engaged by DISTRICT,
culminating in a drainage master plan report. During the first phase, the selected engineer shall
perfonn all data gathering and modeling needed to prepare the baseline hydrology section of the
master plan report containing an introduction, study area description and hydrologic analysis
description. During tlie second phase, the engineer shall perfonn all studies and data gathering
needed to prepare the alternatives analysis sections of the master plan report containing a hydraulic
analysis discussion, schematics of alternatives developed and their costs along with a discussion of
the pros and cons of each alternative and a recommended plan . A single alternative will be selected
by PARTIES after the review and evaluation of the alternatives analysis report. The FHAD report
preparation and submittal will be concurrent with the second phase of the master plan. During the
third phase, the engineer shall be directed to prepare a conceptual design for the selected alternative
and prepare the conceptual design section of th e master plan report.
PUBLIC NECES SITY
PARTIES agree that the work performed pursuant to this Agreement is necessary for the health,
safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit
to the inhabitants of PAR TIES and to their property therein.
S. PROJECT COSTS
PAR TIES agree that for the purposes of this Agreement PROJECT costs shall consist of, and be
limited to, mapping, master planning, FHAD and related services and contingencies mutually
agreeable to PARTIES. Project costs are estimated not to exceed $10,000.
6. FINANCIAL COMMITMENTS OF PARTIES
PARTIES shall each contribute the following percentages and maximum amounts for PROJECT
costs as defined in Paragraphs S:
DISTRICT
ENGLEWOOD
TOTAL
plan\Ag~ment\1 S\ I S0702
Master Plan
Percentage §b3Je
0.00%
100.00%
100.00%
2
Maximum
Contrjbution
$0
S IOJ)QO
$10,000
7. MANAGEMENT OF FINANCES
8.
9.
Payment by by ENGLEWOOD ofSl0,000 shall be made to DISTRICT subsequent to execution of
this Agreement and within thirty {30) calendar days of request for payment by DISTRICT. The
payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of
PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic
accounting of PROJECT funds as well as a periodic notification to PROJECT SPONSOR of any
unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued
to the special fund established by DISTRICT for PROJECT and such interest shall be used only for
PROJECT and will not require an amendment to this Agreement.
In the event that it becomes necessary and advisable to change the scope of work to be performed,
the need for such changes shall first be discussed with PAR TIES, and their general concurrence
received before issuance of any amendments or addenda. No changes shall be approved that
increase the costs beyond the funds available in the PROJECT fund unless and until the additional
funds needed are committed by PARTIES by an amendment to this Agreement.
Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed, obligated, or dispersed, each party shall receive a share of
such monies, which shares shall be computed as were the original shares .
PROJECT MAPPING
No new mapping is anticipated under this Agreement for PROJECT. Upon execution of this
Agreement, PROJECT SPONSOR shall provide copies of the most recent mapping within their
jurisdictional area in digital format to DISTRICT to the extent such mapping is available without
additional cost.
MASTER PLANNING AND DFHAD
Upon execution of this Agreement, PARTIES shall select an engineer mutually agreeable to
PARTIES. DISTRICT, with the approval of PROJECT SPONSOR, shall contract with the
selected engineer, shall administer the contract, and shall supervise and coordinate the planning for
the development of alternatives and of conceptual design.
IO. PUBLISHED REPORTS AND PROJECT DATA
DISTRICT will provide to PROJECT SPONSOR access to the draft and final electronic FHAD
report files and draft and final electronic report files .
Upon completion of PROJECT, electronic tiles of all mapping, drawings, and hydrologic and
hydraulic calculations developed by the engineer contracted for PROJECT shall be provided to
PROJECT SPONSOR upon request
11. TERM OF THE AGREEMENT
The term of this Agreement shall commence upon final execution by all PARTIES and shall
tenninate two years after the final master planning report is delivered to DISTRICT and the final
accounting of funds on deposit at DISTRICT is provided to all PAR TIES pursuant to Paragraph 7
herein.
plan\Agrecment\ IS\ I S0702 3
12. LIABILITY
Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from
its own acts or omissions and may insure against such possibilities as appropriate.
13. CONTRACTING OFFICERS
A. The contracting officer for PROJECT SPONSOR shall be the Deputy Public Works
Director, 1000 Englewood Parkway, Englewood, Colorado 80110.
B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th
Avenue, Suite 156B, Denver, Colorado 80211.
C. The contracting officers for PARTIES each agree to designate and assign a PROJECT
representative to act on the behalf of said PARTIES in all matters related to PROJECT
undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT~
related issues between PAR.TIES, shall attend all progress meetings, and shall be responsible
for providing all available PROJECT-related file information to the engineer upon request
by DISTRICT or PROJECT SPONSOR . Said representatives shall have the authority for all
approvals, authorizations, notices, or concurrences required under this Agreement.
However, in regard to any amendments or addenda to this Agreement, said representative
shall be responsible to promptly obtain the approval of the proper authority .
14. RESPONSIB ILI]JES OF PARTIES
DISTRICT shall be responsible for coordinating with PROJECT SPONSOR the information
developed by the various consultants hired by DISTRICT and for obtaining all concurrences from
PROJECT SPONSOR needed to complete PROJECT in a timely manner. PROJECT SPONSOR
agrees to review all draft reports and to provide comments within 21 calendar days after the draft
reports have been provided by DISTRICT to PROJECT SPONSOR. PROJECT SPONSOR also
agrees to evaluate the alte rnatives prese nted in the alternatives an alysis sections of the report, to
select an alternative, and to notify DISTRICT of their decision(s) within 30 calendar days after the
alternatives analysis report is provided to PROJECT SPONSOR by DISTRICT.
15. AMENDMENTS
This Agreement contains all of the tenns agreed upon by and among PAR TIES. Any amendments
to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding.
16. SEVERABILITY
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a
court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable
clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or
provisions shall be given full force and effect.
17. APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State
of Colorado and venue for the same shall lie in the County where the Project is located.
plan\Agreemcnt\l S\I S0702 4
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• 18. ASSIGNABILITY
No party to this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior written consent of the nonassigning party or parties to this Agreement
19. BINDING EFFECT
The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and
to their respective successors and pennitted assigns.
20. ENFORCEABILITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity,
by decree of specific performance or damages, or such other legal or equitable relief as may be
available subject to the provisions of the laws of the State of Colorado.
21. TERMINATION OF AGREE1\1ENT
This Agreement may be tenninated upon thirty (30) days' written notice by any party to this
Agreement, but only if there are no contingent, outstanding contracts. If there are contingent,
outstanding contracts, this Agreement may only be tenninated upon the cancellation of all
contingent, outstanding contracts, All costs associated with the cancellation of the contingent
contracts shall be shared between PARTIES in the same ratio(s) as were their contributions,
22. PUBLIC RELATIONS
It shall be at PROJECT SPONSOR's sole discretion to initiate and to carry out any public relations
program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact
it may have on them. Technical information shall be presented to the public by the selected
engineer. In any event DISTRICT shall have no responsibility for a public relations program, but
shall assist PROJECT SPONSOR as needed and appropriate.
23. GOVERNMENTAL IMMUNITIES
The PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any
PAR TY of any rights, limitations, or protections afforded to them under the Colorado
Governmental Immunity Act (Section 24-10-1-1, C.R.S., et seq.) as now or hereafter amended or
otherwise available at Jaw or equity.
24, NO DISCRIMINATION IN EMPLOYMENT
In connection with the performance of work under this Agreement, PARTIES agree not to refuse to
hire, discharge, promote or demote, or to discriminate in matters of compensation against any
person otherwise qualified on the basis of race, color, ancestry, creed, religion. national origin,
gender, age, military status, sexual orientation, marital status, or physical or mental disability and
further agrees to insert the foregoing provision in all subcontracts hereunder.
25. APPROPRIATIONS
Notwithstanding any other term, condition, or provision herein, each and every obligation of
PROJECT SPONSOR and/or DISTRICT stated in this Agreement is subject to the requirement of a
prior appropriation of funds therefore by the appropriate governing body of PROJECT SPONSOR
and/or DISTRICT.
plan\Agreement\15\150702 s
26. NO THIRD PARTY BENEFICIARIES
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person on such Agreement It is the express intention of PAR TIES that
any person or party other than PROJECT SPONSOR or DISTRlCT receiving services or benefits
under this Agreement shall be deemed to be an incidental beneficiary only.
27. ILLEGAL ALIENS
PARTIES agree that any public contract for services executed as a result of this intergovernmental
agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 et seq
C.R.S. The following language shall be included in any contract for public services: "The
Consultant or Contractor shall not and by signing this Agreement certifies that it does not
knowingly employ or contract with an illegal alien to perform work under this Agreement
Consultant or Contractor shall not enter into a subcontract with a subcontractor that fails to certify
to the Consultant or Contractor that the subcontractor shall not knowingly employ or contract with
an illegal alien to perform work under this public contract for services. Consultant or Contractor
affirms that they have verified or attempted to verify through participation in the Employment
Eligibility Verification Program (E-Verify) previously known as the Basic Pilot Program (created
in Public Law 208, 104!lt Congress, As Amended, and expanded in Public Law 156, 108111
Congress, As Amended, that is administered by the United States Department of Homeland
Security that Consultant or Contractor does not employ illegal aliens.
Consultant or Contractor shall not use the E· Verify procedures to undertake pre-employment
screening of job applicants while the public contract for services is being performed.
In the event that the Consultant or Contractor obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an illegal alien, the
Consultant or Contractor shall be required to:
A. Notify the subcontractor and PARTIES within three days that the Consultant or Contractor .
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
B. Terminate the subcontract with the subcontractor if within three days of receiving the notice
required if the Subcontractor does not stop employing or contracting with the illegal alien;
except that the Consultant or Contractor shall not terminate the contract with the
Subcontractor if during such three days the Subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien .
Consultant or Contractor is required under this Agreement to comply with any reasonable request
by the Colorado Department of Labor and Employment (CDL) made in the course of an
investigation the CDL is undertaking pursuant to §8-17 .5-102(5) C.R.S.
plan\Agrcement\15\150702 6
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• DISTRICT may terminate this agreement for a breach of contract if Consultant or Contractor does
not fully and completely comply with these conditions. If this Agreement is so terminated. the
Consultant or Contractor shall be liable for actual and consequential damages to PARTIES.
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatures as of the date and year above written.
{SEAL)
ATTEST:
{SEAL)
ATIEST:
Loucrishia A. Ellis
City Clerk
plan\Apmenl\l S\I S0702 7
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ___________ _
Title Executive Director
Date. ___________ _
CITY OF ENGLEWOOD
,I'
By ____________ _
Randy P. Penn
Title Mayor
Date. ___________ _
N W.E
s
EXHIBIT A
DRY GULCH
Major Drainageway Plan & FHAD
July 2015 -..
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
2ND READING -Intergovernmental
August 3, 2015 11 bi Agreement with UDFCD for Flood
Study in North Englewood
Initiated By: Staff Source:
Department of Public Works Dave Henderson, Deputy Public Works Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Staff discussed the proposed Intergovernmental Agreement at the July 13 and July 20 Study
Sessions. The agreement was approved on first reading at the August 3, 2015 Council meeting.
RECOMMENDED ACTION
Staff recommends Council approve, on second reading, a Bill for an Ordinance to enter into an
Agreement with the Urban Drainage and Flood Control District (UDFCD) for Drainageway Master
Planning and Flood Hazard Area Delineation (FHAD) in North Englewood. The total estimated cost
is $10,000.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Dry Gulch, in NE Englewood, is a tributary to Harvard Gulch. The area along Dry Gulch has been
identified as an area of probable flooding in studies performed in 1971 and 1999. Rainstorms have
caused flooding of private property in some of the areas identified in the previous studies.
UDFCD has previously engaged with the City and County of Denver in an "Agreement Regarding
Funding of Major Drainageway Planning and Flood Hazard Area Delineation for Harvard Gulch".
This study began in January, 2015 and is expected to be complete by the end of 2015. Matrix
Design was selected by UDFCD as the consultant for this project.
Subsequent to recent reports of property damage in Englewood from recent rainstorms and
property owner requests to help mitigate damage, staff contacted UDFCD to see if we could join
the study. UDFCD responded positively, however the time frame is short for us to participate as
their study is already underway. Joining the larger study now will require a much smaller
contribution than an independent study.
The project will define the FHAD for Dry Gulch and develop a master plan, with cost estimates, to
mitigate or eliminate flooding of Dry Gulch. Property owners will be notified and invited to a public
meeting during the study. UDFCD will not submit the FHAD to FEMA without written authorization
from the City of Englewood. Defining the FHAD without submitting it to FEMA will eliminate the
mandatory flood plain insurance for property owners. City Floodplain Regulations and Building
Codes will require properties located within the 100 year floodplain, as defined in the FHAD, to
submit a "Floodplain Development Permit" application. A few highlights of the existing Floodplain
Regulations are:
• A Floodplain Deyelopment Permit has to be obtained before a building permit can be issued or
before construction or development begins on land within a special hazard area.
• A Floodplain Development Permit is required prior to beginning any construction or other
development to ensure conformance with the Floodplain Regulations.
• One of the purposes of the Floodplain Regulations is to prevent or regulate the construction of
flood barriers, including fences, which may unnaturally divert flood waters or which may
increase flood hazards to other areas.
• Substantial repairs, improvements, or alterations to structures have to meet the minimum flood
proofing criteria and elevation criteria in the regulations.
• As part of the Floodplain Development Permit the applicant has to show that the lowest floor,
including the basement, of any structure to be built, reconstructed, or moved within a special
flood hazard area will be constructed at or above a point one foot ( 1 ') above the 100-year flood
elevation for that particular area.
• All new construction and substantial improvements must be anchored to prevent flotation,
collapse, or lateral movement of the structure and to withstand hydrodynamic loads.
• Once construction is complete, the applicant must provide certification by a registered
Colorado professional engineer that the finished fill and building floor elevations, flood proofing
measures, or other protection factors were done in compliance with the Floodplain Regulations
(Floodplain Certificate of Compliance).
FINANCIAL IMPACT
Englewood's portion is estimated not to exceed $10,000.
The total study cost estimate is $210,000 with the City of Denver contributing $100,000 and Urban
Drainage contributing $100,000.
Funding for Englewood's portion is available in the Storm Water Utility Fund.
UST OF ATTACHMENTS
Bill for an Ordinance
Intergovernmental Agreement
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•
•
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Intergovernmental Agreement with
August 3, 2015 11 a i UDFCD for Flood Study in North
Englewood
Initiated By: Staff Source:
Department of Public Works Dave Henderson, Deputy Public Works Director
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Staff discussed the proposed Intergovernmental Agreement at the July 13 th and July 20'h Study
Sessions.
RECOMMENDED ACTION
Staff recommends Council approve a Bill for an Ordinance to enter into an Agreement with the
Urban Drainage and Flood Control District (UDFCD) for Drainageway Master Planning and Flood
Hazard Area Delineation (FHAD) in North Englewood. The total estimated cost is $10,000.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Dry Gulch, in NE Englewood, is a tributary to Harvard Gulch. The area along Dry Gulch has been
identified as an area of probable flooding in studies performed in 1971 and 1999. Rainstorms have
caused flooding of private property in some of the areas identified in the previous studies .
UDFCD has previously engaged with the City and County of Denver in an "Agreement Regarding
Funding of Major Drainageway Planning and Flood Hazard Area Delineation for Harvard Gulch".
This study began in January, 2015 and is expected to be complete by the end of 2015. Matrix
Design was selected by UDFCD as the consultant for this project.
Subsequent to recent reports of property damage in Englewood from recent rainstorms and
property owner requests to help mitigate damage, staff contacted UDFCD to see if we could join
the study. UDFCD responded positively, however the time frame is short for us to participate as
their study is already underway. Joining the larger study now will require a much smaller
contribution than an independent study.
The project will define the FHAD for Dry Gulch and develop a master plan, with cost estimates, to
mitigate or eliminate flooding of Dry Gulch. Property owners will be notified and invited to a public
meeting during the study. UDFCD will not submit the FHAD to FEMA without written authorization
from the City of Englewood. Defining the FHAD without submitting it to FEMA will eliminate the
mandatory flood plain insurance for property owners. City Floodplain Regulations and Building
Codes will require properties located within the 100 year floodplain, as defined in the FHAD, to
submit a "Floodplain Development Permit" application. A few highlights of the existing Floodplain
Regulations are:
• A Floodplain Development Permit has to be obtained before a building permit can be issued or
before construction or development begins on land within a special hazard area .
• A Floodplain Development Permit is required prior to beginning any construction or other
development to ensure conformance with the Floodplain Regulations.
• One of the purposes of the Floodplain Regulations is to prevent or regulate the construction of
flood barriers, including fences, which may unnaturally divert flood waters or which may
increase flood hazards to other areas.
• Substantial repairs, improvements, or alterations to structures have to meet the minimum flood
proofing criteria and elevation criteria in the regulations.
• As part of the Floodplain Development Permit the applicant has to show that the lowest floor,
including the basement, of any structure to be built, reconstructed, or moved within a special
flood hazard area will be constructed at or above a point one foot ( l ') above the 100-year flood
elevation for that particular area.
• All new construction and substantial improvements must be anchored to prevent flotation,
collapse, or lateral movement of the structure and to withstand hydrodynamic loads.
• Once construction is complete, the applicant must provide certification by a registered
Colorado professional engineer that the finished fill and building floor elevations, flood proofing
measures, or other protection factors were done in compliance with the Floodplain Regulations
(Floodplain Certificate of Compliance).
FINANCIAL IMPACT
Englewood's portion is estimated not to exceed $10,000.
The total study cost estimate is $210,000 with the City of Denver contributing $100,000 and Urban
Drainage contributing $100,000.
Funding for Englewood's portion is available in the Storm Water Utility Fund.
LIST OF ATTACHMENTS
Floodplain Regulations
Floodplain Development Permit Application
Bill for an Ordinance
Intergovernmental Agreement
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16-4 -1
16-4 -1:
16-4 -2 :
16-4-3;
16·4-4:
16-4•5:
16-4•6 :
16-4 -7:
16-4-8:
16-4-9 ;
16-4 -10;
16·4 •11 :
16-4•12:
16-4 -13:
16-4 -14 :
16-4-15;
16-4 -16:
ENGLEWOOD MUNICIPAL CODE
Chapter 4
FLOODPLAIN REGULATIONS"'
Authority and Purpose.
Jurisdiction and Applicability
Permitted Uses.
Similar Uses .
Nonconforming Uses,
Administration.
Floodplain De\·elopment Permit.
Floodplain Regulations.
(Reserved).
Development in Floodways.
Minimum Floodproo6ng Criteria.
Special Flood Hazard Area Amendments.
Subdivision Plats.
Floodplain Appeals and Variances.
Enforcement.
Floodplain Definitions.
16-4-1: Authority and Purpose.
16 +1
A. Statutory Authority. 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.
B. Findings of Fact. ( (
1. 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.
2. 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, floodproofed or otherwise protected from flood damage.
C. Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by provisions designed
to:
1. Protect human life and health;
2. Protect property and minimize damage to critical facilities infrastructure and other public
facilities such as water, sewer, and gas mains; electrical and communications stations; and
streets and bridges located in floodplains;
3. Minimize expenditure of public money for costly flood control projects;
4. Protect the natural areas required to convey flood flows so that they develop in a manner
consistent with reasonable floodplain management;
•
"Editor's note-Ord. 10-44, § 1, adopted Nov. 1, 2010, amended Ch. 4 in its entirety and e nacted the provisions set out herein.
The former Ch. 4 pertained t o Flood Plain Overlay District and derived from Ord. 04 -5.
Supp. No . 42 CD16:60
I l
16-f.l UNIFIED DEVELOPl\CENT CODE 16-4 -2
5. Protect and preserve the water-carrying characteristics and capacities of all watercourses,
including gulches, sloughs, and artificial water channels used for the conveyance of storm and
floodwater;
6. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken
at the expense of the general pubHc;
7. Minimize prolonged business interruptions;
8. Help maintain a !!table tax base b; µ10vit.lit1g fut the l,IOUnd u~c and t.levelu!Jment of flood pruue
areas to-minimize future flood blight areas; and
9. Insure that potential buyers are notified that property is in a flood hazard area.
D. Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter uses the
following methods:
1. Restr ict or prohibit uses that are dangerous to health, safety or property in times of flood, or
cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural pruLecLive barriers,
which are involve d in the accommodation of floodwaters;
4. Control filling, grading, dredging and other development which may increase flood damage; an
5. Prevent or regulate the construction of flood barriers, including fences and walls, which will
unnaturally divert floodwaters or which may increase flood hazards to other lands.
(Ord. 10-44, § 1; Ord. 8 -13, § 6)
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, 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 ao, 1980.
The above Official Flood Studies are hereby adopted by reference and declared to be 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 fioodways as are shown or tabulated in the Flood Insurance Study for the City of
Englewood. •
Supp. No. 38 CD16:61
'·
16-4-2 ENGLEWOOD MUNI CIPAL CODE 16-4-3
• 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 shaIJ 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, Wltil
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, floodproof-
ing 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
upplementary to the regulations imposed on the same lands by the underlying zone classification. This
hapter 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 offlood 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. Seuerability. See Section 16-1-10 EMC, (Severability).
<Ord. 10-44, § l; Ord. 8-13, § 6 J
16-4-3: Permitted Uses.
The following open uses shall be permitted within a special flood hazard area to the extent that they
are not prohibited in a particular area by any underlying zone district classification:
A. Agricultural uses, such as general farming and the raising of plants, flowers, and nursery stock.
Supp, No. 38 CD16:62
)
B.
C.
UNIFIED DEVELOPMENT CODE 164·6
Public and private recreational uses such as parks, swimming areas, golf courses, driving rang ..
picnic grounds, fishing, and hiking and biking trails not requiring permanent or temporary
structures designed for human habitation.
Utility facilities such as: flowagc areas, transmission lines, pipelines, water monitoring devices,
roadways and bridges.
D. All uses allowed by the underlying zone district classification within a special flood hazard area
shall be permitted as long as the use complies with conditions set forth in Subsection 16-4-7(B)
EMC, !Floodplain Development Permit Criteria).
!Ord. 10-44, § 1; Ord. 8-13, § 6)
16-4-4: Similar Uses.
Uses very similar in nature to permitted uses may be allowed by the Floodplain Administrator,
provided that they are consistent with the provisions of this Chapter.
(Ord. 10-44, § 1; Ord. 8-13, § 6)
16-4-5: Nonconforming Uses.
Existing nonconforming uses in a special flood hazard area may be modified, altered, or repaired to
incorporate floodproofing measures; but such nonconforming uses shall not be expanded.
(Ord. 10-44, § 1; Ord. 8-13, § 6)
16-4-6: Administration.
A. Floodpla in Administrator. The City Manager or designce shall be the Floodplain Administrat
and shall enforce the provisions of this Chapter and other appropriate sections of 44 CFR (National Floo •
Insurance Program Regulations) pertaining to floodplain management. The Department of Public Works
shall provide the Floodplain Administrator with a technical review of all applications to build within the
floodplain or a drainage way prior to the issuance of a Floodplain Development Permit.
B. Floodplain Administrator Duties and Responsibilities. The Floodplain Administrator's duties and
responsibilities shall include, but not be limited to, the following:
1. Maintain and hold open for public inspection all records pertaining to the provisions of this
Chapter. For all new or substantially improved structures the Floodplain Administrator shall
maintain the following information:
a. The actual elevation (in relation to mean sea level) of the lowest floor (including basement).
b. The actual elevation (in relation to mean sea level) to which the structure has b~en
flood proofed.
c. The floodproofing certifications required in Section 16-4 -11 EMC (Minimum Floodproofing
Criteria).
2. Review all applications within ten (10) working days for Floodplain Development Permits
required by this Chapter. Such review shall:
a. Determine whether such construction or development is located within a special flood
hazard area.
b. Assure that all necessary permits have been obtained from those Federa l, State or local
governmental agencies (including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. •
Supp. No. 38 CD16:63
16-4 -6
c.
ENGLEWOOD MUNICIPAL CODE 16-4-6
Determine whether a proposed building site, including the placement of manufactured
homes, will be reasonably safe from flooding.
d. Consider the following :
ll The danger that materials may be swept onto other lands to the injury of others.
2l The danger to life and property due to flooding or erosion damage.
3) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
4) The importance of the services provided by the proposed facility tu Lh~ community.
5) The availability of alternative locations for the proposed use that is not subject to
flooding or erosion damage.
6) The compatibility of the proposed use with existing and anticipated development.
7) The relationship of the proposed use to the Comprehensive Plan.
8) The safety of access to the property in times of flood for ordinary and emergency
vehicles.
9) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site.
10) The costs of providing governmental services during and after flood such as sewer, gas,
electrical, and water systems, and streets and bridges.
11) Flood barriers, including fences, which will unnaturally divert floodwaters or which
may increase flood hazards to other lands.
3. Review all Building Permit applications for construction or development in a special flood hazard
area within ten (10) working days. Approval of a building permit shall be deemed to neither limit
nor repeal any other powers granted under State Statutes. Applications for building permits shall
be reviewed on a case-by~case basis to:
4.
5.
•
a . Determine if the proposed development is located in a special flood hazard area.
b. Assure the building site will be reasonably safe from flooding .
c. Assure all necessary permits have been obtained from the Federal, State, or local
governmental agencies from which prior approval is required.
d. Assure all new construction and substantial repairs, improvements, or alterations shall be
made in accordance with the minimum floodproofing criteria specified in Section 16-4-11
EMC (Minimum Floodproofing Criteria), or elevation criteria in Subsection 16-4-7(B)(2)
EMC.
e. Inspect all development at appropriate times during the period of construction to ensure
compliance with all provisions of this Chapter, including proper elevation of the structure.
Interpret, where needed, the exact location of the boundaries of special flood hazard areas (for
example, where there appears to be a conflict between a mapped boundary and actual field
conditions!. Any person contesting the location of the boundary shall be given a reasonable
opportunity to present a case to the Floodplnin Administrator and to submit supporting technical
evidence. The decision of the Floodplain Administrator may be appealed as provided in Section
16-4-14 EMC, (Floodplain Appeals and Variances).
When base flood elevation data has not been provided in accorda nce with Section 16-4-8 EMC,
(Floodplain Regulations), the Floodplain Administrator shall obtain, review and reasonably
utilize any base flood elevation data and ftoodway data available from a Federal, State or other
source, in order to administer this Chapter .
Supp. No. 38 CD16:64
' \
)
16-4-6 UNIFIED DEVELOP~IBNT CODE 16-4•7
6. Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is
Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management Agency.
7. When a regulatory floodway has not been designated, the Floodplain Administrator shall require
that no new construction, substantial improvements, or other development (including fill) shall
be permitted within Zones Al-30 and AE on the City's FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more than
one-half foot l 1'2') at any point within the City.
8 . Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Program regulations, the Floodplain Administrator may approve certain development in Zones
Al-30,AE,AH, on the FIRM which increases the water surface elevation of the base flood by more
than one-half foot (112'), provided that the City first applies for a conditional FIRM revision
through FEMA (Conditional Letter of Map Revision), fulfill the requirements of such revisions as
established under the pr ovisio ns of Section 65.12 and receives FEMA approval.
9. Shall keep a copy of the Flood Insurance Study (FIS), DFIRMS, FIRMS on file and available for
public inspection.
(Ord. 10-44, § 1; Ord. 8-13, § 6)
16-4-7: Floodplain Development Permit.
A . Floodplain Development Permit Process.
1. Application. A Floodplain Development Permit shall be obtained before a building permit may be
issued or construction or development begins on lands within a special flood hazard area ~
identified in Subsection 16-4-2(A) EMC (Applicability). Application for a Floodplain Developmen~
Permit shall be made on forms provided by the City and may include, but is not limited to: Plans
in duplicate drawn to scale showing the nature, location, dimensions, and elevations of proposed
landscape alterations; existing and proposed structures; fill , storage of materials, and drainage
facilities; and the location of the foregoing in relation to special flood hazard areas. Specifically,
the following information is required:
a . Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new
and substantially improved structures;
b. Elevation (in relation to mean sea level) to which any nonresidential structure shall be
floodproof ed;
c. A certificate from a registered Colorado professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria of Section 16-4-11
EMC, (Minimum Floodproofing Criteria); and
d. Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development.
2. Decision of Floodplain Administrator is to be Based on Certain Factors. The dete rmination of the
Floodplain Administrator on ea ch Floodplain Development Permit shall be based on applicable
provisions of this Chapter and the following relevant factors:
a . The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
c . The danger that materials may be swept onto other lands to the injury of others; •
Supp. No . 38 CD16:65
ENGLEWOOD MUNICIPAL CODE 16-4•7
d . The compatibility of the proposed use with existing and anticipated development;
e . The safety of access to the property in times of flood for ordinary and emergency vehicles;
f. The costs of providing governmental services during and after flood conditions including
maintenance and repair of streets and bridges, and public utilities and facilities such as
sewer, gas, electrical and water systems;
g . The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site;
h. The availability of alternative locations, not subject to flooding or erosion damage, for the
proposed use; and
i. The relationship of the proposed use to Roadmap Englewood: 2003 Englewood Comprehen•
sive Plan, as amended.
3. Floodplain Administrator Decisions 011 Permits for Public Facilities or Utility Development in a
Flood.way. Subject to Section 16-4-10 EMC, (Development in Floodways), the Floodplain
Administrator shall act on an application for public facilities or utility development in a ftoodway
within thirty (30) days from receiving the application.
4. Conditions Attached to Development Permits. Upon consideration of the factors listed above and
the purposes of this Chapter, the Floodplain Administrator shall attach such conditions, in
addition to those required by the Floodplain Development Permit, as are necessary to further the
purposes of this Chapter. Such conditions may include specifications for, without limitation
because of, specific enumeration, modification of waste disposal methods and facilities, landscap-
ing, period of operation, operational controls, sureties, deed restriction, and adequate floodproof-
ing.
B. Floodplain Development Permit Criteria.
1. Structures Accessory to Open Uses . Structures accessory to open uses permitted in Section 16-4-3
EMC, (Permitted Uses), whether temporary· or permanent, may be permitted only upon a
determination by the Floodplain Administrator that:
•
a . Structures will not be designed for human habitation.
b. Structures will have low flood damage potential.
c. The structure or structures, if permitted, will be constructed and placed on the building site
so as to offer the minimum obstruction to the flow of floodwaters .
1) Whenever possible, structures will be constructed with the longitudinal axis parallel to
the direction of flow of floodwaters .
2) So far as is practicable, structures will be placed so that their longitudinal axis are
approximately on the same line as those of adjoining structures.
3 l Structures will be firmly anchored to prevent the structure or building from floating
away and thus threatening to further restrict bridge openings and other restricted
sections of the stream or river.
4) All new construction and substantial improvements shall be constructed with mate-
rials and utility equipment resistant to flood damage.
5) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage .
Supp. No . 38 CD16:66
UNIFIED DEVELOPMENT CODE 16-4-8
6) All new construction and substantial improvements shall be constructed with electri-
cal, heating, ventilation, plumbing, and air-conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
2. Other Structures, Temporary or Permanent, to be Occupied by People. Other structures, whether
temporary or permanent, which are to be occupied by people, may be permitted only upon a
finding by the Floodplain Administrator that:
a. Such structures shall comply with Section 16-4-7 EMC, (Floodplain Development Permit);
and Section 16-4-11 EMC, (Minimum Floodproofing Criteria).
b. The lowest floor, including the basement, of any structure to be erected, constructed,
reconstructed, or moved on or within a special flood hazard area, shall be constructed at or
above a point one foot (I') above the 100-year flood elevation for the particular area and the
fill shall extend at such elevation at least fifteen feet (15') beyond the limits ofany structure
or building erected thereon.
c. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure and to withstand hydrodynamic loads.
3. Fills or Deposition of Materials. Fills or deposition of materials may be permitted only upon a
finding by the Floodplain Administrator that:
a . Any fill or deposition of ma terials will comply with applicable sections of Chapter 16~6 EMC,
(Development Standards).
b. The fill or deposition of materials will have some beneficial purpose and the amount there
will not be greater than is necessary to achieve that purpose, as demonstrated by a plan
submitted by the owner showing the final dimensions of the proposed fill or other material
nnd the use to which the filled lan d will be pu t.
c. The fill or deposition of materials does not encroach on that portion of the floodplain, which
would have significant and perceptible flow during the flood, and which for that reason
would help convey the floodwaters.
d. The fill or other materials will be protected against erosion by riprap, strong vegetative
cover, or bulkheading.
4. Storage or Processing of Materials. The storage or processing of materials that are buoyant,
flammable, explosive, or in time of flooding, could be injurious to human, animal or plant life,
shall be above the flood protection elevation for the particular area or floodproofed in compliance
with Section 16-4•11 EMC, (Minimum Floodproofing Criteria). Solid waste disposal facilities,
such as salvage yards or areas for the dumping of refuse or the storage of non-operable vehicles,
shall not be permitted.
(Ord. 10-44, § 1; Ord. 8-13, § 6)
16-4-8: Floodplain Regulations.
The following regulations shall apply to all uses within a special flood hazard area, notwithstanding
that such uses may be specifically permitted under the terms of this Chapter:
A. Flood Protection Eleuation or Height. The flood protection elevation or height sha ll correspond to
a point one foot (1') above the elevation or "flood profile" shown on or attached to the FIRM. -
Supp. No. 38 CD16:67
\ .
16-4-8 ENGLEWOOD MUNIClPAL CODE 16.4-8
B. Flood-Carrying Capacity. No floodplain uses shall adversely affect the efficiency of, or unduly
restrict the capacity of any channel, any tributary to any main stream, drainage ditch, or any
other drainage facility or systems; nor shall any watercourse be altered or restricted unless the
flood-carrying capacity of the watercourse shall be maintained.
C. General Standards. In all special flood hazard areas the following provisions are required for all
new construction and substantial improvements:
L All new construction or substantial improvements shall be designed lor modified) and
adequately anchored to prevent flot~tion, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
4. All new construction or substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air-conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding;
5. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system and discharge from the systems into floodwaters;
and,
7. On-site waste disposal systems shall be located to avoid impairment to them or contami-
nation from them during flooding.
8. All manufactured homes shall be installed using methods and practices which minimize
flood damage. For the purposes of this requirement, manufactured homes must be elevated
and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring requirements for
resisting wind forces.
D. Specific Standards. In all special flood hazard areas where base flood elevation data has been
provided as set forth in Subsections 16-4-2(B) EMC (Basis for Establishing Special Flood Hazard
Areas), 16-4-6(B)(5J EMC, or 16-4-13(0) EMC (Subdivision Plats), the following provisions are
required:
1. Residential Construction. New construction and substantial improvement of any residential
structure shall have the lowest floor (including basement), electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities (including ductwork),
elevated to one foot (1') above the base flood elevation. A registered Colorado professional
engineer, architect, or land surveyor shall certify and submit the elevation of the lowest
floor, including basement, to the Floodplain Administrator.
2. Nonresidential Construction . With the exception of Critical Facilities, outlined in Subsec-
tion 16-4-S(H) EMC (Standards for Critical Facilities), new construction and substantial
improvements of any commercial, industrial or other nonresidential structure shall either
have the lowest floor (including basement) electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), elevated to one
foot (I') above the base flood elevation or together with attendant utility and sanitary
Supp. No. 38 CD16:68
16-4-8 UNIFIED DEVELOPMENT CODE 16-4,-6
facilities, be designed so that at one foot C l'J above the base flood elevation , the structure 1
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
A registered Colorado professional engineer or architect shall develop and/or review
stn1ctura) design, specifications, and plans for the construction, and shall certify that the
design and methods of construction are in accordance with accepted standards of practice as
outlined in this Subsection. A record of such certification which includes the specific
elevation (in relation to mean sea level) to which such structures are floodproofod shall be
maintained by the Floodplain Administrator.
3. Enclosures. New construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meet ing t his requirement must either be certified by a
registered Colorado professional engineer or architect or meet or exceed the following
minimum criteria:
a. A minimum of two (2) openings having a total net area of not less than one (1) square
inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot (1') above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
4. Manufactured Homes.
a. Zones Al-30, AH and AE: All manufactured homes that are placed or substantially
improved on sites (i) outside of a manufactured home park or subdivision; (ii) in a new
manufactured home park or subdivision; or (iii) in an expansion to an existing
manufactured home park or subdivision; or (iv) in an existing manufactured home
park or subdivision on which manufactured home has incurred "substantial damage"
as a result of a flood, shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home, electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), are elevated
one foot (1') above the base flood elevation and are securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and latcrnl movement.
This Subsection shall apply in an expansion to an existing manufactured home park or
in an existing manufactured home park where the repair, reconstruction, or improve-
ment of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value
of the streets, utilities and pads before the repair, reconstruction or improvement has
commenced.
b. Zones Al-30, AH, and AE: Manufactured homes, in an existing manufactured home
park, not subject to the provisions of 4.a. above shall be elevated so that either:
1) The lowest floor of the manufactured home and electrical, heating, ventilation,
plumbing, air conditioning equipment and other service facilities (including
ductwork) are one foot (1') above the base flood elevation, or
2) The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less th
Supp. No. 38 CD16:69
16-4-8
E.
I •
5.
ENGLEWOOD MUNI CIPAL CODE 16-4-8
thirty-six inches l36") in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
Manufactured homes shall be installed using methods and practices which
minimize flood damage. For the purpose of this requirement, manufactured
homes shall be elevated and anchored to resist flotation, collapse, and lateral
movement. Methods of anchoring may include, but are not limited to, use of
over-the♦top or frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces. Any
additions to the manufactured home shall be similarly anchored.
Recreational Vehicles. Recreational vehicles placed on sites within Zones Al-30, AH, and AE
shall either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days,
b. Be fully licensed and ready for highway use, or
c. Meet the permit requirements of Subsection 16-4-7(B) EMC (Floodplain Development
Permit) and the elevation and anchoring requirements for "manufactured homes" in
paragraph (4) of this Subsection. A recreational vehicle is ready for highway use ifit is
on its wheels or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
Standards for Areas of Shallow Flooding (AO I AH Zones). Located within special flood hazard
areas established in Subsection 16-4-2(A) EMC (Applicability) are areas designated as shallow
flooding. These areas have special flood hazards associated with base flood depths of one to three
feet (1'-3') where a clearly defined channel does not exist and where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow; therefore, the following provisions apply:
1. Residential Structures: All new construction and substantial improvements shall have the
lowest floor (including basement), electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), elevated above the
highest adjacent grade at least one foot (1') above the depth number specified in feet on the
FIRM (at least three feet (3') if no depth number is specified).
Upon the completion of the structure, the elevation of the lowest floor, including basement,
shall be certified by a registered Colorado professional engineer, architect, or land surveyor.
Such certification shall be submitted to the Floodplain Administrator.
2. Non-resid~ntial Structures: With the exception of Critical Facilities, outlined in Subsection
16-4-S(H) EMC (Standards for Critical Facilities), all new construction and substantial
improvements shall:
a. Have the lowest floor (including basement), electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities (including ductwork),
elevated above the highest adjacent grade at least one foot (1') above the depth number
specified in feet on the FIRM (at least three feet (3') if no depth number is specified),
or;
b. Together with attendant utility and sanitary facilities, be designed so that the
structure is watertight to at least one foot (1') above the base flood level with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads of effects of
buoyancy.
Supp. No. 38 CD16:70
)
16-4-8 UNIFIED DEVELOPMENT CODE
Upon completion of the structure, the elevation of the lowest floor, including basement, sh,
be certified by a registered Colorado profe ssional engineer or architect. Such certification
shall be submitted to the Floodplain Administrator.
3. Within Zones AH or AO, adequate drauiage paths around structures on slopes shall be
required to guide floodwaters around and away from proposed structures.
F. Alteration of a Watercourse. For all proposed developments that alter a watercourse within a
special flood hazard area, the following standards apply:
I. C!Jaum~lizailuu am.I flow diversion projects shall appropriately consider issues of sediment
transport, erosion, deposition, and channel migration and properly mitigate potential
problems through the project as well as upstream and downstream of any improvement
activity. A detailed analysis of sediment transport and overall channel stability should be
considered, when appropriate, to assist in determining the most appropriate design.
2. Channelization and flow diversion projects shall evaluate the residual 100-year floodplain .
3. Any channelization or other stream alteration a ctivity p r op osed by a p roject proponent must
be evaluated for its impact on the regulatory floodplain and be in compliance with all
applicable Federal, State and local floodplain rules, regulations and ordinances.
4. Any stream alteration activity shall be designed and sealed by a registered Colorado
professional engineer or Certified Professional Hydrologist.
5. All activities within the regulatory floodplain shall meet all applicable Federal, State and
City of Englewood floodplain requirements and regulations.
6. Within the Regulatory Floodway, stream alteration activities shall not be constructed unles
the project proponent demonstrates through a Floodway analysis and report, sealed by
registered Co lorado professional engineer, that there is not more that a 0.00-foot rise in the
prop osed conditio ns compared to exis t ing Floodway conditions resulting from the project,
otherwise known as a No-Rise Certification, unless the community first applies for a
CLOMR and Floodway revision in accordance with Subsection 16-4-S(Dl EMC (Specific
Standards).
7. Maintenance shall be required for any altered or relocated portions of watercourses so that
the flood -carrying capacity is not diminished.
G. Properties Removed from the Floodplain by Fill. A Floodplain Development P ermit shall not be
issued for the construction of a new structure or addition to an existing structure on a property
removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill
(LO!VIR_F), unless such new structure or addition complies with the following :
I. Residential Construction: The lowest floor (including basement), electrical, heating, venti-
lation, plumbing, and air conditioning equipment and other service facilities (including
ductwork), must be elevated to one foot {1') above the base flood elevation that existed prior
to the placement of fill.
2 . Nonresidential Construction: The lowest floor (including basement), electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service fa cili t ies (including
ductwork), must be elevated to one foot (I') above the Base Flood Elevation that existed
prior to the placement of fill, or together with attendant utility and sanitary facility be
designed so that the structure or addition is watertight to at least one foot (1') above the
base flood level that existed prior to the placement of fill with walls substantially
impermeable to the pas sage of wate r and with structural components having the capability
of resisting hydrostatic and hydrodynamic lo a ds of effects of buoyancy.
Supp. No. 38 CD16:71
16-4 -8 ENGLEWOOD MUNICIPAL CODE 16-4-8
H . Standards for Critical Fa cilities. A Critical Facility is a structure or related infrastructure, but
not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations fo r
Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public
health and safety or interrupt essential services and operations for the community at any time
before, during and after a flood.
•
1 . Classification of Critical Facilities. It is the responsibility of the City to identify and confirm
that specific structures in the community meet the following criteria.
Critical Facilities are classifierl under the following categories: (a) Essential Services; (b l
Hazardous Materials; (c) At-risk Populations; and (d) Vital to Restoring Normal Services.
a. Essential services facilities include public safety, emergency response, emergency
medical, designated emergency shelters, communications, public utility plant facili-
ties, and transportation lifelines. These facilities consist of:
(1) Public safety (police stations, fire and rescue stations, emergency vehicle and
equipment storage, and emergency operation centers);
(2) Emergency medical (hospitals, ambulance service centers, urgent care centers
having emergency treatment functions, and non-ambulatory surgical structures
but excluding clinics, doctors' offices, and non-urgent care medical structures that
do not provide these functions);
(3) Designated emergency shelters;
(4) Communications (main hubs for telephone, broadcasting equipment for cable
systems, satellite dish systems, cellular systems, television, radio, and other
emergency warning systems, but excluding towers, poles, lines, cables, and
conduit);
(5) Public utility plant facilities for generation and distribution (hubs, treatment
plants, substations and pumping stations for water, power and gas, but not
including towers, poles, power lines, buried pipelines, transmission lines, distri•
bution lines, and service lines); and
(6) Air Transportation lifelines (airports, municipal and larger), helicopter pads and
structures serving emergency functions, and associated infrastructure (aviation
control towers, air traffic control centers, and emergency equipment aircraft
hangars).
(7) Exemptions.
(a) Specific exemptions to this category include wastewater treatment plants
(WWTP), non-potable water treatment and distribution systems, and hy-
droelectric power generating plants and related appurtenances.
(b) Public utility plant facilities may be exempted if it can be demonstrated to
the satisfaction of the City that the facility is an element of a redundant
system for which service will not be interrupted during a flood . At a
minimum, it shall be demonstrated that redundant facilities are available
(either owned by the same utility or available through an intergovernmental
agreement or other contract) and connected, the alternative facilities are
either located outside of the 100-year floodplain or are compliant with the
provisions of this Section, and an operations plan is in effect that states how
redundant systems will provide service to the affected area in the event of a
flood . Evidence of ongoing redundancy shall be provided to the City on an
as-needed basis upon request .
Supp. No . 38 CD16:72
(
16-4 -8
)
Supp. No. 38
UNIFIED DEVELOPMENT CODE 16•4•8
b. Hazardous materials facilities include facilities that produce or store highly volatile,
flammable, explos ive, toxic and/or water•reactive materials.
C.
! 1) These facilities may include:
(2)
fa) Chemical and pharmaceutical plants {chemical plant, pharmaceutical man-
ufacturing>:
!bl Laboratories containing highly volatile, flammable, explosh·e , toxic and/or
water-reactive materials;
(c) Refineries;
( d l Hazardous waste storage and disposal sites; and
(e) Above ground gasoline or propane storage or sales centers.
Facilities shall be determined to be Critical Facilities if they produce or store
materials in excess of threshold limits. If the owner of a facility is required by the
Occupational Safety and Health Administration <OSHA) to keep a Material
Safety Data Sheet (MSDSJ on file for any chemicals stored or used in the work
place, and the chemical(s) is stored in quantities equal to or greater than the
Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be
considered to be a Critical Facility. The TPQ for these chemicals is: either five
hundred (500) pounds or the TPQ listed (whichever is lower) for the three
hundred fifty-six (356) chemicals listed under 40 C.F.R. § 302 (2010) also known
as Extreme ly Hazardous Substances (EHS); or ten thousand (10,000) pounds for
any other chemical. This threshold is consistent with the requirements for
reportable chemicals established by the Colorado Department of Health and
Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 191
(2010). The Environmental Protection Agency (EPA) regulation "Designatio
Reportable Quantities, and Notification." 40 C.F.R. § 302 (2010) and OSHA
regulation "Occupational Safety and Health Standards.) 29 C.F.R. § 1910 (2010)
are incorporated herein by reference and include the regulations in existence at
the time of the promulgation of this ordinance, but exclude later amendments to
or editions of the regulations.
Specific exemptions to this category include:
(a) Finished consumer products within retail centers and households contain-
ing hazardous materials intended for household use and agricultural
products intended for agricultural use.
(b) Buildings and other structures containing hazardous materials for which it
can be demonstrated to the satisfaction of the local authority having
jurisdiction, by hazard assessment and certification by a qualified profes-
sional (as determined by the local jurisdiction having land use authority),
that a release of the subject hazardous material does not pose a major threat
to the public.
( c) Pharmaceutical sales , use, storage, and distribution centers that do not
manufacture pharmaceutical products.
These exemptions shall not apply to buildings or other structures that also
function as Critical Facilities under another category outlined in this Section.
At~risk population facilities include medical care, congregate care, and schools .
(1) These facilities consist of-
(a) Elder care (nursing homes); • CD16:73
16-4-8
•
ENGLEWOOD ~IDNICIPAL CODE 16-4-10
(b) Congregate care serving twelve Cl2l or more individuals (day care and
assisted living);
(c) Public and private schools (preschools, K-12 schools), befo_re-school and
after-school care serving twelve < 12 l or more children l;
d. Facilities vital to restoring normal services including government operations.
(ll These facilities co11sist of:
(a) Essential government operations (public records, courts, jails, building
permitting and inspection services, community administration and manage-
ment, maintenance and equipment centers);
(b) Essential structures for public colleges and universities (dormitories, offices,
and classrooms only).
These facilities may be exempted ifit is demonstrated to the City that the facility
is an element of a redundant system for which service will not be interrupted
during a flood. At a minimum, it shall be demonstrated that redundant facilities
are available (either owned by the same entity or available through an intergov-
ernmental agreement or other contract), the alternative facilities are either
located outside of the 100-year floodplain or are compliant with this ordinance,
and an operations plan is in effect that states how redundant facilities will
provide service to the affected area in the event of a flood. Evidence of ongoing
redundancy shall be provided to the City on an as-needed basis upon request.
(2) Protection for Critical Facilities. All new and substantially improved Critical
Facilities and new additions to Critical Facilities located within the special flood
hazard area shall be regulated to a higher standard than structures not
determined to be Critical Facilities. For the purposes of this ordinance, protection
shall include one (1) of the following:
(a) Location outside the special flood hazard area; or
(b > Elevation of the lowest floor or flood proofing of the structure, together with
attendant utility and sanitary facilities, to at least two feet (2') above the
Base Flood Elevation.
(3) Ingress and Egress for New Critical Faciliti.es. New Critical Facilities shall, when
practicable as determined by the City, have continuous non-inundated access
(ingress and egress for evacuation and emergency services) during a 100-year
flood event.
(Ord. 10-44, § 1; Ord. 8-13, § 6)
16-4-9: (Reserved)
(Ord. 8-13, § 6)
16-4-10: Development in Floodways.
Floodways are administrative limits and tools used to regulate existing and future floodplain
development. The State of Colorado has adopted Floodway standards that are more stringent than the
FEMA minimum standard (see definition of F1oodway in Section 16-4-16 EMC (F1oodplain Definitions).
Located within special flood hazard areas established in Subsection 16-4-2(A) EMC (Applicability) are
area designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of
floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions shall
apply:
A. • Prohibit encroachments, including fill, new construction, substantial improvements, and other
development unless it has been demonstrated through hydrologic and hydraulic analyses
Supp. No . 38 CD16:74
16-4-10 Ul'UFIED DEVELOPMENT CODE UiA-11
performed by a registered Colorado professional engineer in accordance with standard engineer-
ing practice that the propos ed encroachme n ts shall not result in any increase in flood levels (a
No-Rise Certification is required J during the occurrence of the base flood discharge.
B. If Subsection A., above, is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of this Section.
1. The Floodplain Administrator shall act on an app1ication in the manner above described
within thirty (30) days from receiving the application.
C. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
Regulations, a community may permit encroachments within the adopted regulatory floodway
that would result in an increase in Base Flood Elevations, provided that the community first
applies for a CLOMR and floodway revision through FEMA.
<Ord. 10-44, § 1; Ord. 8-13, § 6)
16-4-11: Minimum Floodproofing Criteria.
A. All new construction and substantial improvements of non-residential structures within zones
A-AE on the FIRM that do not have the lowest floor, including basement, elevated to or above the base
flood level shall be floodproofed . All floodproofed structures, together with attendant utility and sanitary
facilities, shall be so designed that below the base flood level, the structure is watertight with walls
substantially impermeable to the passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. The Floodplain Administrator
shall require that the applicant submit a plan or document certified by a registered Colorado professional
engineer that the floodproofing measures are consistent with the flood protection elevation for the
particular area. •
B. Floodproofing measures include the following:
L Anchorage to resist flotation and lateral movement.
2. Installation of watertight doors, bulkheads and shutters.
3. Reinforcement of walls to resist water pressures.
4. Use of waterproof paints, membranes, or mortars to reduce seepage of water through walls.
5 . Addition of mass or weight to structures to resist flotation.
6. Installation of pumps to lower water levels in structures.
7. New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
8. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems into the floodwaters .
9. Pumping facilities for subsurface drainage systems for buildings to relieve external foundation
wall and basement floor pressures.
10. Construction to resist rupture or collapse caused by water pressure or floating debris.
11. Cutoff valves on sewer lines or the elimination of gravity flow basement drains.
12. On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding.
13. Olher floodproofing measures certified by a registered Colorado professional engineer to be
consistent with the flood protection elevation for the particular area. •
Supp. No. 38 CD16:75
·, r
16--4-11 ENGLEWOOD MUNIClPAL COD E
Where a non-reside ntial structure is intended to be made watertight below the base flood level.
l. A registered Colorado professional engineer shall develop and/or review structural design,
specifications, and plans for the construction , and shall certify that the design and methods of
construction are in accordance with accepted standards of practice for meeting the applicable
provisions of Section 16-4-7 EMC, "Floodplain Developm e nt Permit."
<Ord . 10-44, § 1; Ord. 8 -13, § 6 )
16-4-12: Special Flood Hazard Area Amendments.
The boundaries of the Special Flood Hazard Areas shall be subject to periodic review and shall be
a mended in the manner provided by law, to conform to any revised, corrected or additional hydrological
data available from Federal, State or regional agencies or from a consulting engineer retained by the City.
(Ord. 10-44, § 1; Ord. 8 -13, § 6 )
16-4-13: Subdivision Plats.
A. All subdivision proposals including the placement of manufactured home parks and subdivisions
shall be designed to minimize flood damage.
B . All subdivision proposals including the placement of manufactured home parks and subdivisions
shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage.
C. All subdivision proposals including the placement of manufactured home parks and subdivisions
shall have adequate drainage provided to reduce exposure to flood hazards.
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
developments including the placement of manufactured home parks and subdivisions that contain at
least fifty (50) lots or five (5) acres, whichever is less, if not otherwise provided pursuant to Subsections
16-4-2(B) EMC (Basis for Establishing Special Flood Hazard Areas) and 16-4-5(B) EMC (Floodplain
Administrator Duties and Responsibilities).
E. All proposals for the development of subdivisions including the placement of manufactured home
parks and subdivisions shall meet requirements of Section 16-4-7 EMC (Floodplain Development
Permit). ·
(Ord . 10~44, § l; Ord. 8 -13 , § 6 )
16-4-14: Floodplain Appeals and Variances.
A. General. The Planning and Zoning Commission shall hear and decide appeals and requests for
variances from the requirements of this Chapter.
1. Appeals and floodplain variance requests shall be processed pursuant to the general zoning
appeals and variances requirements of 16-2·18 EMC (Appeals) and 16-2-16 EMC, (Variances),
respectively.
2. Those aggrieved by the final decision of the Commission may appeal such decision by appropriate
legal action to a court of record having jurisdiction. Such appeal shall be filed no more than thirty
(30) days from the date of the Commission's final de cis ion .
B. Appeals. The Commiss ion shall hear and deci de appeals only when it is alleged there is an error in
any r equirement, decision, or deter mination made by the Floodplain Administrator in the enforcement
dministration of this Cha pter.
Supp N o. 38 CD16:76
)
)
16-4•14 UNIFIED DEVELOPMENT CODE 164•16
C. Variances.
1. Any applicant to whom a variance is granted to build the lowest floor elevation below the base
flood elevation shall be given written notice that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
2. Variances may be issued for new construction and substantial improvements to be erected on a
lot of one•half ( 1hJ acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing the relevant items 1-11 in
Subsection 16·4•6<B)(2)(d) EMC have been fully r.onsi<lered . As the lot size increases beyond
one·half (½) acre, the technical justification required for issuing the variance increases.
3. Variances shall not be issued within any designated flood way if any increase in Aood levels during
the base flood discharge would result.
4. Variances may be issued for the repair or rehabilitation of historic structures upon a determi-
nation that the proposed repair or rehabilitation wiil not preclude the structure's continued
designation as a historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
5. In passing upon a Floodplain Variance application, the Commission shall consider all technical
evaluations, all relevant factors, and standards specified in other sections of this Title.
6. Criteria for Considering a Floodplain Variance. The Commission shall grant a Floodplain
Variance only upon a showing of good and sufficient cause and determination that:
a. The v a riance is the minimum necessary, considering the flood hazard, to afford relief;
b. Failure to grant the Floodplain Variance would result in exceptional hardship to the
applicant; and
c. The granting of a Floodplain Variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws.
7. Upon consideration of the above and the intent of this Chapter, the Commission may attach such
conditions to the granting of variances as it deems necessary to further the purpose and
objectives of this Chapter.
(Ord. 10·44, § 1; Ord. 8-13, § 6)
16-4-15: Enforcement.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without
being in full compliance with the terms of this Chapter and other applicable regulations. Enforcement of
the provisions of this Chapter shall be pursuant to Chapter 16-10 EMC, (Enforcement and Penalties).
(Ord. 10.44, § 1; Ord. 8·13, § 6)
16-4-16: Floodplain Definitions.
The following definitions pertain specifically to Chapter 16•4 EMC, (Floodplain Regulations ) and are
intended to be used only in the regulation of special flood hazard areas as identified in this Chapter. For
the purposes of floodplain regulation, these definitions supersede the same terms as defined in 16-11-2
EMC, (Definition of Word, Term, and Phrases) of this Title.
JOO.Year Flood: A flood having a recurrence i nterval tha t has a one-percent (1%) chance of being
equaled or exceeded during any given year (1 -percent-annual•chance flood). The terms "one-hundred-
year flood" and "one percent chance flood" are synonymous with the term "100-hundred flood ." The term
does not imply that the flood will necessarily happen once every one~hundred years. •
Supp. No. 38 CD16:77
16-H6 EN GLEWOOD MUNICIPAL CODE 16-4•16
JOO -Year Floodplain: The area of land susceptible to being inundated as a result of the occurrence of
a one-hundred -year flood.
500-Year Flood: A flood having a recurrence interval that has a 0.2-percent chance of being equaled or
exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood
will necessarily happen once every five-hundred years .
500-Year Floodplain: The area ofland susceptible to being inundated as a result of the occurrence of
a five -hundred-year flood.
Addition: Any activity that expands the enclosed footprint or increases the square footage of an
existing structure.
Area of Shallow Flooding: A designated AO, AH, or VO zone on the City's Flood Insurance Rate Map
(FIRM) with a one percent (1 %) chance or greater annual chance of flooding to an average depth of one
to three feet (l'-3') where a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow.
Base Flood: A flood having a one percent (1 % ) chance of being equaled or exceeded in any given year.
Base Flood Eleuation (BFE): The elevation shown on a FEMA Flood Insurance Rate Map for Zones AE,
AH, Al-A30, AR, ARIA, ARJAE, AR/Al-A30, AR/AH, AR/AO, Vl-V30, and VE that indicates the water
surface elevation resulting from a flood that has a one percent (1%) chance of equaling or exceeding that
level in any given year.
Basement: Any area of a building having its floor sub-grade (below ground level) on all sides.
Channel: The physical confine of stream or waterway consisting of a bed and stream banks, existing
in a variety of geometries.
Conditional Letter of Map Revision (CLOMR): FEMA's comment on a proposed project, which does not
revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the modification of the existing regulatory
floodplain .
Critical Facility: A structure or related infrastructure, but not the land on which it is situated, as
specified in Subsection 16-4-S(H) EMC (Standards for Critical Facilities) that if flooded may result in
significant hazards to public health and safety or interrupt essential services and operations for the
community at any time before, during and after a flood.
Development: Any manmade change in improved and unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
Digital Flood Insurance Rate Map (DF/RM): FEMA digital floodplain map. These digital maps serve
as "regulatory floodplain maps" for insurance and floodplain management purposes.
Elet•ated Building: For insurance purposes, a nonbasement building which has its lowest elevated floor
raised above ground level by (i) foundation walls, shear waJls, posts, piers, pilings, columns, or shear
walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30,
AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill
or solid foundation perimeter walls and openings sufficient to facilitate the unimpeded movement of
o dwaters.
Supp No . 38 CD16:78
)
16-4-16 UNIFIED DEVELOPMEl\'T CODE 16.4-16
Existing Construction: For the purposes of determining flood insurance rates, structures for which the
"start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for
FIRI\Is effective before that date. "Existing construction" may also be referred to as "existing structures."
Existing Manufactured Home Park or Subdiuision: A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed before the effective date of the floodplain
regulations adopted by the City.
Expansion to an Existing Manufactured Home Park or S11bdivisio11: The preparation of additional sites
by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
FEMA: Federal Emergency Management Agency, the agency responsible for administering the
National Flood Insurance Program.
Flood (or Flooding): A general and temporary condition of partial or complete inundation of normally
dry land areas from:
(A) The overflow of inland or tidal waters, and/or
(Bl The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Damage Potential: The susceptibility of a specific land use at a particular location to damage by
flooding, and the potential of the specific land use to increase off-site flooding or flood related damages.
Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance Administratio
has delineated both special flood hazard areas and the risk premium zones applicable to the City o
Englewood.
Flood Insurance Study (FIS): The official report provided by the Federal Insurance Administration
that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base
flood.
Flood Profile: A graph or longitudinal profile showing the relationship of the water surface elevation
of a flood event to location along a stream or river.
Flood Protection Elevation: An elevation one foot (1') above the elevation of "flood profile" of the
100-year flood under existing channel and floodplain conditions. It is one foot (1'} above the elevation of
the flood for a special flood hazard area as shown on the City's official Flood Insurance Rate Maps
maintained in the office of the Community Development Department.
Floodplain or Flood -Prone Area: Any land area susceptible to being inundated as the result of a flood,
including the area of land over which floodwater would flow from the spillway of a reservoir.
Floodplain development permit: A permit required before construction or development begins within
any special flood hazard area (SFHA). If FEMA has not defined the SFHA within a community, the
community shall require permits for all proposed construction or other development in the community
including the placement of manufactured homes, so that it may determine whether such construction or
other development is proposed within flood -prone areas. Permits are required to ensure that proposed
development projects meet the requirements of the NFIP and this floodplain management ordinance.
Floodplain Management: The operation of an overall program of corrective and preventive measures
for reducing flood damage, including but not limited to emergency preparedness plans, flood control
works and floodplain regulations. •
Supp. No. 38 CD16:79
' .
16-4 -16 ENGLEWOOD MUNI CIPAL CODE 16 -4-16
Flood -prone Area: Any land area susceptible to being inundated by water from any source (see
definition of flooding ).
Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments to
structures, primarily for the reduction or elimination of flood damage to lands, water, and sanitary
facilities, structures, and their contents.
Flood way: The channel of a river or other watercourse and adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more
thim a rlP.signat.P.rl hPight 'l'hP r.nlnraoo i-t.J:1t.PwioP <:t::rno::1rd for tho dQ!iignated height to ho usod for oil
newly studied reac)les shall be one-half foot (1h.'). Letters of Map Revision to existing floodway
delineations may continue to use the floodway criteria in place at the time of the existing floodway
delineation.
Freeboard: The vertical distance in feet above a predicted water surface elevation intended to provide
a margin of safety to compensate for unknown factors that could contribute to flood heights greater than
the height calculated for a selected size flood such as debris blockage of bridge openings and the increased
runoff due to urbanization of the watershed.
Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next
to the proposed walls of a structure.
Historic Structure: Any structure that is:
IA) Listed individually in the National Register of Historic Places (a listing maintained by the
Department oflnterior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
-!B) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(C) Individually listed on a State inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
(D) Individually listed on a local inventory or historic places in communities with historic preserva•
tion programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states without approved programs.
Letter of Map Revision (LOMR): FEMA's official revision of an effective Flood Insurance Rate Map
(FIRM>, or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the
implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding
source and thus result in the modification of the existing regulatory floodway, the effective Base Flood
Elevation (BFEs), or the Special Flood Hazard Area (SFHAJ.
Letter of Map Revision Based on Fill (LOMR-F): FEMA's modification of the Special Flood Hazard Area
(SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the
existing regulatory floodway.
Lowest Floor: The lowest floor of the lowest enclosed area (including basement). Any floor used for
living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any
combination thereof. This includes any floor that could be converted to such a use such as a basement or
crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or
iness. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access,
Supp. No . 38 CD16:80
, I
)
164-l6 UNIFlED DEVELOPMENT CODE 16-4 -16
or storage, in an area other than a basement area, is not considered a building's lowest floor, provide
that such enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirements of Section 60.3 of the National Flood Insurance Program regulations.
Manufactured Home: A structure transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when connected to the required
utilities. The term "manufactured home" does not include a "recreational vehicle".
Manufactured Home Parli or Subdh>ision: A parcel ( or contiguous parcels) of land divided into two (2)
or more manufactured home lots for rent or sale.
Mean Sea Level: For purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum <NGVD} of 1988 or other datum, to which base flood elevations shown on the City's Flood
Insurance Rate Map are referenced.
National Flood Insurance Program (NFIP): A Federal program that authorizes the sale of federally
subsidized flood insurance in participating communities.
Natural Drainage: The pattern of surface and stormwater drainage from a particular site before the
construction or installation of improvements or prior to any regrading.
New Construction: For the purpose of determining insurance rates, structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start of construction"
commenced on or after the effective date of a floodplain regulation adopted by the City and includes any
s ubsequent improvements to such structures.
New Manufactured Home Park or Subdivision: A manufactured home park or subdivision for whic
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
No-Rise Certification: A record of the results of an engineering analysis conducted to determine
whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by
technical data and signed by a registered Colorado professional engineer. The supporting technical data
should be based on the standard step-backwater computer model used to develop the 100-year ftoodway
shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).
Recreational Vehicle: A vehicle which is:
(A) Built on a single chassis;
(B) Four hundred (400) square feet or less when measured at the largest horizontal projections;
(C) Designed to be self-propelled or permanently towable by a light duty truck; and
(D) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Special Flood Hazard Area: The land in the floodplain within the City of Englewood subject to a one
percent (1%) or greater chance of flooding in any given year, i.e. the 100-year floodplain.
Start of Construction: Includes substantial improvement, and means the date the building permit was
issued, provided the actual start of constrnction, repair, reconstruction, re habilitat ion, addition,
placement, or other improvement was within one hundred eighty (180) days of the permit date. The
actual start means eithe r the first place ment of permane nt cons truction of a s tructure on a site, such
Supp. No. 38 CD16:81
16-4-16 ENGLEWOOD MUNICIPAL CODE 16-4-16
e pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it include
the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of
any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
Structure: A walled and roofed building, including a gas or liquid storage tank that is principally above
ground, as well as a manufactured home.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost ofrestoring the
structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value
of the structure before the damage occurred.
Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure
before "start of construction" of the improvement. This includes structures which have incurred
"substantial damage", regardless of the actual repair work performed. The term does not, however,
include either:
(A)
-(B)
Any project for improvement of a structure to correct existing violations of State or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary conditions, or
Any alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
Violation: The failure of a structure or other development to be fully compliant with the City's
floodplain regulations. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in NFIP Standards Sections 60.3(b)(5), (c)(4),
(c)ClO), <.d l(3), (eX2), (e)(4), or (e)(5), as amended, is presumed to be in violation until such time as that
documentation is provided.
Water Surface Eleuatio11: The height, in relation to the National American Vertical Datum (NAVD) of
1988, (or other datum, where specified) offloads of various magnitudes and frequencies in the floodplain.
Watercourse: A channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek,
pond, reservoir, or lake in which storm runoff and floodwater flows either regularly or infrequently. This
includes major drainageways for carrying urban storm runoff.
<Ord. 10-44, § 1; Ord. 8-13, § 6)
• Supp. No. 38 CD16:82
City of Englewood
Community Development Department
1000 Englewood Parkway
Englewood, CO 80110
303-762-2342
englewoodgov.org
Floodplain Development Permit Application
------
1
1 '•1JI:. I Lt"Htlrt1~lt111t •
Address:
Parcel Number: __________________ _
Legal Description: __________________________ _
(Attach separate sheet if necessary)
---------------------------
1 !· .. 1Jt;.·, i-,~ •t "ltll[lll :tJ1~ :♦~:. <•i(:.'c,1 -:1i iu.~ ~•,t .i
_ Residential_ Non•Residential
New Structure Addition to Structure
_ Grading Fill _ Bridge _ Change in Watercourse
Description of Work: (i.e. first floor addition of 550 sf, OR construction of bike path)
----------
' f I I' I \1 \t I ff "t rt I ' t • r Jt It 1 1 :
Watercourse:
_ Big Dry Creek _ Little Dry Creek _ South Platte River _ West Harvard Gulch (NW Greenbelt)
FIRM Panel Number:______ Dated: _____ _
FEMA Flood Zone: _ A _ AE _ AH _AO _ X (shaded)
Name: ______________ _ Name: ______________ _
Address: _____________ _ Address: _____________ _
Contact Name: ___________ _ Phone: ______________ _
Phone: ______________ _ E•mail:
E•mail: ______________ _
Applicant Signature: Date: _____ _
December 2010 Pagel of 2
•
• The following materials, applicable to the project, have been submitted:
_ Site Development Plan(s)
_ Location of all existing and proposed structures, water bodies, adjacent streets, lot dimensions
_ Location of floodway and base flood elevations
_ Extent of watercourse relocation and/or landform alteration
_ Development plans, drawn to scale, including details for anchoring structures, proposed elevation of lowest
floor ( including basement), types of water-resistant materials used below first floor, details of floodproofing of
utilities located below the first floor, and details of enclosures below the first floor.
_ Non-Residential floodproofing designs meet NFIP water-tight standards
_ Floodproofing protection elevation ______ ~ NGVD
_ Certification by registered engineer or architect
_ Engineering data provided for map and floodway revisions
_ Floodway Certification form a registered engineer that the proposed activity in a regulatory floodway will not
result in any increase in the height of the "100-year'' flood. A copy of all data and hydraulic/hydrologic
calculations supporting this finding must be submitted.
Other
Case Number: _______ _
_ Permit Approved: The infonnation submitted for the proposed project was reviewed and is in compliance with
approved floodplain management standards.
_ Permit Denied: The proposed project does not meet approved floodplain management standards.
Comments: _________________________________ _
Floodplain Administrator:
Signature: ____________ _ Date: ______ _
December 201 O Page 2 of 2