Loading...
HomeMy WebLinkAbout1989 Ordinance No. 013e CJU>I?Wa NO. _Lj SERIES OF 1989 BY Al1l'IIORIT'i CXXJNCIL BILL NO. 13 INm000CED BY WJNCIL 1'1rnllER CLAY'l'Cl'l AN CJU>INANCE l\MElIDilli TITLE 16, OIAPl'ER 4, sn::TICN 16, ~ ~IJNICIPAL OJOE 1985 , RELATJN:; 'l"O 'lllE FLCXXl PLAIN DISTRICT OF 'lllE Cll!PRDIE)IS!VE ZCNJN:; CJU)IN,\tl(".£. ',l!!:..REAS, the Federal Elnergency Managerrent Agency (FEl'IA), ..tiich aaninisters t he nationa l flood plain ins urance program, periodically issues revised regulat i ons t!1at all participating nunicipali ties and counties l!USt irr.orporate into their Flood Plain ordinance to ensure availability of flood i nsurance for the ir cit izens; and ~,IEREAS, i n <x t cbcr 1988, FEl'-1\ notified Engle,,.:x,d of certain amenarents neces s ary by A:,ril 17, 1989 to keep its Flocd !'lain Jrdinance in ca;pliance "ith fecer a l Flood Pl a in Regul a tions ; and t·~IERFJIS , a f ter public ~.c,aring e n the Planning Ca;mi.s s i on • s proposed ame ncr.ents t o Engle1-KXJ d 's Flood Plain ordinance, the Planning Cmrni.ssion ar.p r oved the sa.i-e and r ccam-ended t hat Ci t y Cou.'lcil appr ove the proposed ai-encr-er,t s by Ordinance; ?la!, ":'1-:ESJ:TC':iE , BE IT ORDAINED BY Tl!E CIT'i WJNC :.L OF 'lllE CIT'i OF Etr.LE!·.l'.XlD, COLORADO, TH,\T: Section 1. Title 16 , Cha??te r 4 , Section 16, EnglelolOOd Municipal Code 1965, known as the CCr.l>r ehensi ve Zoni ng ordinance , i s he r eby amended as fo llcws: 1. To reduce th• hazard of flood ■ to life and property through: a, Prohibiting certain use ■ which are dangerous to life or property in time of flood, b. Restricting uses which would be hazardous to the public health in time of flood, c, Restricting uses which are particularly suscep- tible to flood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection, d, Requiring permitted flood plain uses, including 11ublic facilities which serve such uaaa, to be protected against floods by providing floodproof- ing and general flood protection at ths time of initial construction. 2, To protect flood plain occupants from~ flood which is or may be caused by their own, or other, land use and which is or may be undertaken without full realizati on of the danger, through: a. Regul ating the manner in which structures designed for human occupancy may be constructed so as to pL"event danger to human life within such structures. b, Regulating the method of construction of water supply and sanitation syst:ems so as to prevent disease, contamination and unsanitary conditions , c. Delineating and describing areas that could be inundated by flood so as to protect individuals from purchasing flood plain lands for purposes which are not in fact suitable. 3, To protect the public from the burden of extraordinary financial ~xpenditures for flood control and relief by regulating all uses within the flood plain areas so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood haz~rd areas. 4, To protect the natural areas required to convey flood flows so that they develop in a manner consistent with reasonable flood plain management. s. To protect and preserve the water-carrying characteris- tics and capacities of all water courses, including qulches, ,loughs, and artificial water channels used t~r the cJnveyance of storm and flood water. -2 - .. , 6, 7, To minimize th• need tor rescue end relief efforts es- sociated with flooding end generally undertaken at the expense of the general public, To minimize prolonged business interruptions. 8, To help maintain a stable tax base by providing tor the sound use and development of areas of special flood hazard ao as to minimize future flood blight areas, 9. To ensure that those who occupy the areas or special flood hazards assume responsibility tor their actions. c. General Provisions. l, 2, 3, Description or Dist ric t. The Flood Plain District covers that area or the city which is within the 100- year flood plain, which is derined by computing the 100-year flood plain limits under existing channel and flood plain conditions. Jurisdiction. The jurisdiction of this zone distrl.ct includes all lands adjacent to any watercourse within the City or Englewood that would be inundated by the 100-year flood tor that watercourse ae defined in the oerinitions section or this Ordinance, Vlood Plain District Boundaries. The boundaries of ths Flood Plain District shall be identical to the areas or special flood hazard identified by the Federal Emergen- cy Management Agency IN THE FLOOD INSURANCE STUDY DATED APRIL 17, 1989 {-Qn-the-1110s~r-eeent Fleed Haeard Beund ary llap9) and the ACCOMPANYING Flood Insurance Rate Map {a fer the) (FIRM) ENCOMPASSING THE City of Englewood, Colorado. The boundaries of the West Harvard Gulch Flood Hazard Area shall be as shown on st.eats :i.3 and 14 in a report entitled Flood Hazard Area Delineation, Harvard Gulch, West Harvard Gulch, and Dry Gulch dated December, 1979, prepared by Gingery Associates, Inc., and approved by the Colorado Water Conservation Board on January 30, 1980. THE AREAS OF "FLOOD DANGER" AS IDENTIFIED ON PLATE . IN THE STUDY ENTITLED STORM DRAINAGE PLAN FOR THE CITY OF ENGLEWOOD, COLORADO, DATED JANUARY, 1971, PREPARED BY SELLARDS AND GRIGG, INC. The most recent {Fleed Haaard-Ba\md~pa and Fleod ¼nSU-~aRca Rate -Kap¾ FLOOD INSURANCE STUDY AND ACCOMPANYING FIRM prepared by the Federal Emergency Management 11gency, {and) Sheets 13 and 14 of the Flood Hazard Area Celinea~ion Harvard Gulch, West Harvard Gulch, and Dry Gulch, December, 1979, Gingery Associates, Inc., AND PLATE 4 OF THE STORM DRAINAGE PLAN FOR THE CITY OF ENGLEWOOD, COLORADO, JANUARY, 1971, SELLARDS AND GRIGG, INC., are hereby declared to be a part or this Ordinance, and the official STUDY AND maps shall be on -3 - 4. tile in the of.fices of the City Clerk, EnginHring Services and c,,mmunity Development, Englewood City Hall, 3400 south Elati StrHt, Englewood, Colorado. Applications for Building Permit■ shall be reviewed on a caae-by-caH ba ■is by the Flood Plain Zoning Ad- ministrator to assure: a. That'. the building site wil< be reasonably safe from flooding. b. That all necsaaary permit ■ have bean obtained from the Federal, state or Local governmental agencies from which prior approval ia required. c. That where the building site is in a location that may have a flood hazard, all new construction and substantial repairs, improvements, or alteration ■ will be {fleedpreefed) MADE in accordance with the minimum floodproofing criteria specified in Sec- tion 16-4-16 H. OR ELEVATION CRITERIA IN SECTION 16-4-16 F 2 b. d. That all development permit ■ are reviewed to determine it the proposed development is located in the floodway. If located in the floodway, to assure that the encroachment provisions of Section 16-4-16 Fare met. e. That approval of a building permit shall be deemed neither to limit nor repeal any other powers gran- ted under state statutes. 5. Interpretation. In their interpretation and applica- tion, the provisions of this Chaptl!r 1,·1all be held to be minimum requirements and shall bP liberally con- strued in favor of the governing bo~i- 6. Warning and Disclaimer of Liability. The degree of flood protection intended to be provided by this Chap- ter is considered reasonable for regula' ory purposes and is based on engineering and scientif i c methods of study. 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 the f\ood plain area boundaries or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall there be liability on the part of, or a cause of action against, the City of Engle~:ood or any officer or employee thera- ot for any flood damages that may result from reliance on this Chapter. 7. Effect of Flood Plain Regulations. The regulations set forth in this Ch:.pter for the Flood Plain District, -4 - e. 9. ■hall apply to tho ■a lands within the 100-yaar flood plain a ■ mapped and da ■ignatad on the official (+loe4- -Kaa&rd B011nd1ey ICep end '1:ba Flood Inl\lHAC:8 Jl •ta Mep) FIRM, ·••h• regulation ■ of thi ■ Chapta1 shell b e con- ■truad a ■ being ■uppl ■mantary to the raguletions im- p.:,sad on the ■em• land ■ by the underlying Zone cla ■- ■itication, Whan the Flood Plain Di ■trict and the underlying Zone Di ■trict regulation ■ conflict with on ■ another, the moat raetrictiva regulations shall control. No structure or land shall hereafter be constructed, located, extended converted, or altered without full compliance with the terms of this Ordinance enc\ other applicable regulations. Thia Ordinance is not intended to repeal, abrogate, or impair any existing easement, covenant ■, or dead restrictions. However, where this Ordinance and other ordinance, easement, covenant, or deed restriction con- flict or overlap, whichever imposes the more stringent rustrictions shall apply, D, Spacial Provision ■, The following ragulationa shall apply to all U!l es wlthin th ■ Flood Plain District, notwithstanding that such uass may be specifically permitted under the terms of this Chapter. E. 1. The flood protection elev~tion or height shall cor- respond to a point one foot (l') abo\a the elevation or "Flood Profile" shown on or attached to the (~ ..Jlap-t FIRM, 2. N,:, flood plain uses shall adversely affect the ef- ficiency of, or unduly restrict the capacity of any c hannel, any tributary to any main stream, orainage ditch, or any other drainage facility nr systems; nor shall any watercourse b e altered or restricted unless the flood-ca r rying capacity of the watercourse shall be maintained. (--3-r--YRt.-i--l-a--l.'8gu-la-tor'f-f-l-<>odwar'f-iS--dea-i gnate<l-,-4-t--must--be- demonstrated that the~~i-v-f..fe~t-he-proposed- developm11nt, 11h11R QOmla i ned ---w-¼-th all ether existing and antic:ipated develapment, 1rill -not increase the water- surface el evatio:n of the-Base Flood more than one foot:- -a-t 11ny paint, l!efere any nan 1ionstruetian, euleatafl-Mtt i111proue1111nt11 or other c;lesr11lop111&R~, i naludinq fill, ie permitted within zones 11-130 as .-:houn GR tl=le FIIBH/ ~, Description of Uses. Permitted Uses. The following open uses shall be permitted within the Flood Plain District to the extent that they are not prohibited in a particular area by any underlying Zone District classification : -s - l, Agricultural. usH such as: general tal'llling and the raising o ; rlanta, tlowers and nY r ■ery ■tock, 2, Public and private recreational uses not requiring per- manent or temporary structures designed tor human habitatinn auch aa: parka, swimming areas, golt cour- ses, driving ranges, picnic grounds, fishing, and hiking and bikirig tra.ila, 3, Utility tacilities such as: tlowage areas, transmis- sion lines, pipelines, water monitoring devices, road- ways, and '>ridges. 4, All uses allowed by the underlying Zone District clas- aitication within the Flood Plain District shall be pel'lllitted as long as the conditions set torth in Sec- tion 16-4-16 F, Development Permits, are complied with, F, Development Pel'lllits. Any use enumerated in this Section may be permitted only upon application to the Flood Plain Ad- miniatrator as providad in Section 16-4-16 G 6., Process to be Followed ~or Development Permits. 1. Struc~ures Accessory to Open Uses. Structures accesso- ry to open uses permitted in Section 16-4-16 E, Description of Uses, whether temporary or pel'lllanent, may be permitted only upon a determination by the Ad- ministrator pursuant to a finding under the procedure required by Section 16-4-16 G 6., Process to be Fol- lowed for Development Permits, that: a. Structures will not be designed for human habitation. b. Structures will have a low flood damage potential. c. The structure or structures, if permittP.d, will be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (1) Whenever possible, structures will be con- structed wi t h the longit~d inal axis paral- lel to the direction of flow >f flood waters. (2) So far as is practicable, structures will be placed so that their longitudinal axes are approximately on the same l i ne as those of adjoining structures, d. 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. -6 - ~•r•ice hdliti-■ ■uoh .----..ler.i~ · •Ul be at or abov._th.....Uood--.protectioA ■leYation ~t-kuhl' ll'H} e, ALL NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS SHALL BE CONSTRUCTED WITH MATERIALS AND UTILITY EQUIPMENT RESISTANT TO FLOOD DAMAGE. {~ir---~~ba--co:l•uucted with aatniala and utility aquipma~.aaiatant to flood daaaga) t. ALL NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS SHALL BE CONSTRUCTED USING METHODS AND PRACTICES THAT MINIMIZE FLOOD DAMAGE, {9, FOi' all na11 COA ■tl'Uction and 11ub ■tanthl iapl'OIIQ ■e11ta I f11lly e11alaaad al'aaa l,alew the le•.,aat tleer ~o--t-loadin'J shall ~des¼gned--t»- autaaatioally eqY&liaa hydraatatie-f-loed fereea on axtal'iol' oaUa by allawi119 far the entry and exit of floadwatera, lle&i9Ao Coi:= aaatingthia raq\lil'a ■aAt 111.111t..--.i-1:her ha aal'tified by a Registered Pre faaaia11al E11gi11e--~~l'-auat ioaet er amiead the folla•-'111g mini•-arital'iai ;, ai11i ■11■ at two apen~av¼R<J a total 11et area ef net less than one---aqua-l!'&-i-nch-lOl'-•8'1er~ anclo11ad ll'tH 11ubjact to flooding 11hall ba pl'o vidad The bottoa of all opaning11 Qhall lae AB ~ne-foot-..abo.'IU' grade OpeninrJ11 aay be -&<fU!ppad Pith 11cx:aa•u1, lou>rtax:a, C>I' c,1:h~auariAtJS ~caa pi:=c,11idod-that-thay-pormit .the automa-t¼& antl!'y and euit ef fleed..,aters. This ptooision applies only to structures conatructad 11ith the louast floox: at ox: aboua the base flaad elevation } g, ALL NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS SHALL BE CONSTRUCTED WITH electrical, heating, ventilation, plumbing, and air-conditioning equip- ment and other service facilities (shall be} THAT ARE designed and/or located so as to prevent water from entering or accumulating within the compo- nents during conditions of flooding. 2, Other Structures, Temporary or Permanent, to Be Occu- pied by People. Other structures, whether temporary or permanent, which are to be occupied by people, may be permitted only upon a finding by the Flood Plain Ad- ministrator that: a. Such structures shall comply with Section l.; c, d, e, f, AND g (-an4--A.} above; (and-) Section 16-4- 16 G 6, Process to Be Followed for Development Permits; AND SECTION 16-4-16 H 2 g, h, AND l, FLOODPROOFING, -7 - b. Th• (-IK.c.) LOWEST noor, (H IHH ■aRC UaH) IN- CLUDING THE BASEMENT, of any ■tructure to be erec- ted, con ■tructed, recon ■tructed, or moved on or within the Flood Plain District, shall be con- ■tructed at or above a point one (1) foot above th• 100-year tlood elevation for the particular area and the fill shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. c. No basement shall be permitted in any residential atructure. d. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and to with- stand hydrodynamic loads. 3. Fills or Deposition of Materials. Fills or deposition of materials may be permitted only upon a finding by the Administrator that: a. Any fill or deposition of materials will comply with applicable sections of 16.5-17, General Regulations. b. The fill or deposition of materials will have some beneficial purpose and the amount thereof will not be greater t ha n is necessary to achieve that pur- pose, as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put. c. The fill or deposition of materia ls does not en- croach on that portion of the flood plain which would have sign i ficant and perceptible flow during the flood, and which for that reason would help convey t h e flood waters. d. The fill or other materials will be protected against erosion by riprap, strong vegetative cover or bulkheading. 4. The Storage or Processing of Materials. The s torage or processing of materials that are buoyant, flammable, explosive, or in time of f looding , could be injurious to human, animal, or plant life, shall be above t he flood protection elevation for the particular area or floodproofed in compliance with Section 16-4-16 H, floodproofing. Solid waste disposal facilities, such as junkyards or areas for the dumping of refuse or the storage of non-opera ble vehicles shall not be permitted. 5 . Manufactured Hou s ing . -8 - a. All manufactured home• or tho•• to be aub1tantial- ly improved shall be elevated on a permanent foun- dation auch that the lowest floor ot the manufac- tured home ia at or above the baaa flood elevation and i1 aecuraly anchored to an adequately anchored foundation ayatam, THif-PARAGRAPH APPLIES TO MAN- UFACTURED HOMES TO BE PLACED OR SUBSTANTIALLY IM- PROVED IN AN EXPANSION TO AN EXISTING MANUFACTURED HOME PARX OR SUBDIVISION, THIS PARAGRAPH DOES NOT APPLY TO MANUFACTURED HOMES TO BE PLACED OR SUB- STANTIALLY IMPROVED IN AN EXISTING MANUFACTURED HOME PARX OR SUBDIVISION EXCEPT WHERE THE REPAIR, RECONSTRUCTION, OR IMPROVEMENT OF THE STREETS, UTILITIES AND PADS EQUALS OR EXCEEDS 50 PERCENT OF THE VALUE OF THE STREET, UTILITIES AND PADS BEFORE THE REPAIR, RECONSTRUCTION OR IMPROVEMENT HAS COM- MENCED, Manuractured Homes shall ba anchored as tollows: over-The-Top Ties Frame Ties Manufactured homes lass than 50 teat long) • 3 per side (one at each or the four corners plus one additional tie per side), 6 par side ( one at each corner plus four addi- tional ties per side), Manufactured Homes (Greater than 50 teat long) . 4 per side (one at each of the four corners plus two additional ties at intermediate locations). 7 per side (one at each corner plus five addi- tional ties per side at inter- mediate loca- tions). (l) All components of the anchoring system shall be capable of carrying a forr.e of 4,aoo pounds, and manufact,.~er•s specifications of the components to be used in the anchoring system shall be sub- mitted to the Administrator to demonstrate compliance with this requirement. (2) Any additions to the Manufactured Home shall be similarly anchored. b. After the effective date of this Ordinance, all new Manufactured Home Parks and Manufactured Home Subdivisions and all existing Manufactured Home Parks and Manufactured Home Su bdivisions which are expanded, or in which parks or subdivisions the repair, reconstruction or improvement of the streets, utilities and p~a~, equals or exceeds 50 percent of the value before the repair, reconstruction or improvement has commenced, -9 - ■hall, IN ADDITJON TO THE REQUIREMENTS IN a ABOVE, comply with th•. followings (1) stand ■ tor lot ■ shall be elevated on com- pacted till or on piling so that the low- a ■t floor of th• Manufactured Homa will be at or above the Basa Flood Laval, (2) Adequate surface drainage and access tor a hauler shall be provided, (3) In the instanca of elevation on pilings: (A) Lots shall be large enough to permit ataps. (Bl Piling foundations shall be designed by a registered engineer, c. No Manuracturad Homa shall be maintained tor tem- porary or permanent living purposes upon any pri- vate or public property in the city of Englewood, Colorado, unless the property is regist'!red ~a a Manufactured Homa Park, d. The City shall establish an evacuation plan tor Manufactured Home Parks and tile the same with the appropriate disaster preparedness authorities, 6, Similar Uses. Uses very similar in nature to permitted uses may be allowed by the Flood Plain Administrator, provided that they are consistent with the provisions of this Chapter. 7, UNDESIGNATEO FLOODWAYS, UNTIL A REGULATORY FLOOOWA Y IS DESIGNATED , IT MUST BE DEMO NSTRATED THAT THE CUMULATIVE EFF'ECT OF THE PROPOSED DEVELOPMENT, WHEN COMBINED WITH ALL OTHER EXISTING ANO AHTICIPATED DEVELOPMENT, WILL NOT INCREASE THE WATER SURFACE ELEVATION OF THE BASE FLOOD MORE THAN ONE FOOT AT AN Y POINT, BEFORE ANY NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS OR OTHER DEVELOPMENT, INCLUDING FILL, IS PERMITTED WITHIN ZONES A-AE AS SHOWH ON THE FIRM , 8, FLOOOWAYS, LOCATED WITHIN AREAS OF SPECIAL FLOOD HAZARD ESTABLISHED IN SECTION 16-4-16 C, ARE AREAS DESIGNATED AS FLOODWAYS, SINCE THE FLOODWAY IS AN EX- TREMELY HAZARDOUS AREA DUE TO THE VELOCITY OF FLOOD WATERS WHICH CARRY DEBRIS, POTENTIAL PROJECTILES, ANO EROSION POTENTIAL, THE FOLLOWING PROVISIONS SHALL APPLY TO PUBLIC FACILITIES OR UTILITIES ON LY: a, PROHIBIT ENCROACHMENTS, INCLUDING FILL, NEW CON- STRUCTION, SUBSTANTIAL IMPROVE¥ENTS, ANO OTHER DEVELOPMENT UNLESS CERTIFICATION BY A REGISTERED PROFESSJlNAL ENGINEER IS PROVIDED DEMONSTRATING -10 - b. THAT ENCROACHMENTS SHALL NOT RESULT IN ANY IN- CREASE IN FLOOD LEVELS DURING THE OCCURRENCE OP THE BASE FLOOD DISCHARGE, IF SECTION F B a IS SATISFIED, ALL NEW CONSTRUC- TION AND SUBSTAIITIAL IMPROVEMENTS SHALL COMPLY WITH ALL APPLICABLE FLOOD HAZARD REDUCTION PROVI- SIONS OF SECTION 16-4-16 C, D, E, AND F, c. The Administrator shall act on an application in the manner above described within 30 days from receiving the application. G. Administration. l. Flood Plllin Administrator. The Director of Community Davalopme ;1t or hi ■ assignee shall ba the Flood Plain Adminir.trator and ■hall antorca the provisiona of this Chaptar. The Dapartm3nt ot Engineering Services shall provicta the Flood Plain Administrator with a tschnical revie-w· ot all applicati ons to build within the Flood Plain or a Drainage Way prior tc-, the issuance ot a Flood Flain Permit. 2, Flood Plain Zoning Permit. AF" 1oj Plain Zoning Permit must ba obtained trom the Fll ,d Plain Administrator batora a Building Permit can ba iasuad for any use sub- ject to the provisions ot the chapter and before any watarcours~ can ba altered or relocated. In the avant of an appl.lcation requesting an alteration or reloca- tion ot a watercourse, all adjacent colnll\unities and the Colorado Water conservation Board shall ba notified prior to any action. Copies of said notification shall ba submitted to the Fedqral Emergency Management Agency. 3, Use ~f other Base Flood Data. When Basa Flood Eleva- tion Data has not been provided in accordance with Sec- tion 16-4-16 D, Spacial Provisions; the Flood Plain Administrator shllll. obtair,, review, and reasonably uti- lize any base t'l N>d elevation AND FLCODWAY data avail- able from a Federal, State, or other source in order to administer section 16-4-16 F, Development Permits. 4, Information to be obtained and maintained . The Flood Plain Administrator shall obtain and maintain the fol- lowing information: a. Obtain and record the actual elevation ( in rela- tion to mean sea level) of the lowest floor (in- cluding basement) of all new or substantially im- proved structures, b. For all new or substantially improved floodproofed structures : -ll - 5. (3 6. (l) (2) Verify and record the actual elevation (i~ relation to mean ■ea levd to which the etructure hae been floodproofed), and Maintain the tloodprooting certifications required in Section 16-4-16 H, Floodproofing. c. Maintain for public inspection all records psr- taining to the provisions of this Ordinance. Interpretation of FIRM boundaries, THE FLOOD PLAIN ADMINISTRATOR SHALL Make interpretations, where needed, ae to the exact location of the boundaries of the areas of special flood hazard• OR FLOOD DANGER (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), The person con- testing the location of the boundary shall be given a reasonable opportunity to PRESENT A CASE TO THE FLOOD PLAIN ADMINISTRATOR AND TO SUBMIT SUPPORTING TECHNICAL EVIDENCE, THE DECISION OF THE FLOOD PLAIN ADHINIS'l·RA- TOR HAY BE APPEALED AS PROVIDED IN SECTION 16-4-16 H, VARIANCE PROCEDURE. {appeal tbe iRterpretatloR IS pro• lf1ded 1n Section 16-4-16 M, Variance Pro~) He[lpfnv Disputes "8.e.::fallawi,uJ ~.-Pl:alii'Od11ro nb:Jl ho need hv the Flood PJnin !drinistrntnr in deehtie; r, taatecS c:aaes in ullic:11 tlla loc:atitan et a Fhell Plain Bistriet bauncSary ie dieputacS IR all caaas tlla paraoR coRtestiRg tba loc:ation of tba giatriet beunllar~ shall· be 9ivaR a raaaop•bJ a opport1mity to pi::uant bis oaae to tlla Administrator ancS to submit bis e•m teehn!aal •"icSanc:a if ha so cSaab,ea. 'l'ha .•dminietHt81!' shall net anew lla.iatien,. fre111 the bouncSary lina as mapped unless the eYidenee el eat 1~ encl c:onc:luai,.ely establishe&-t-ha-t---1;he----mappell leeation of tba lina is inc:orrac:t ) Process to Be Followed fvr Development Permits. a. Application. Any use listed in this Chapter as requiring a Development Permit may be allowed only upon application to and the issuance of a Develop- ment Permit by the Flood Plain Administrator. b. Procedure for Passing on Development Permits. Upon receiving an application for a De velopment Permit involving the use of fill, construction of structures, or storage of materials, the Ad- ministrator shall require the applicant to submit the following: (1) Two (2) copies of an aerial photograph of the area, or a plan certified by a regis- tered engineer competent in open channel hydraulics, which accurately locates the -12 - ,'• (2) flood plain proposal with r-■pect to the Di ■trict limit ■, channel ot the etream, exieting flood plain development ■, together with all pertinent information euch 11• t he nature ot the proposal, legal description ot the property, till limit ■ and elevation ■, building floor elevations, and floodproofing measursa. {It it i ■ dHmed nec-■su:y by the Ad 111Rht:ntor to h1ua the de111tion et tile efCacte of the propo ■-1 1.1p011 fl.ood na,.,a --4-tiee4 plain eta~e9e J In order to ren- der II decision on the proposed flood plain use, the Administrator may require the applicant to furnish the following addi- tional information: (A) A typical valley cross-section shc•w- ing the channel of the stream, the flood plain adjoining each sidr• ot the channel, cross-sectional area to be occupied by the proposed develop- ment and high water information. (B) Plan (surface view) showing elevation or contours of the ground1 pertinent structure, fill or storage eleva- tions: size, location and spatial arrangement of all proposed and ex- isting structures on the site1 loca- tion and elevations of streets, water supply, sanitary facilities, and soil types and other pertinent information. (C) Profile showing the slope of the bot- tom of the channel or thalweg of the stream. (D) Specifications for building construc- tion and materials, floodproofing , filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary tacil i ties. (E) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development . c. Decision of Administrator to Be Ba11ed on c-ertain Factors. The determination of t he Administrator on each Development Pernlt shall be basad on the effects ot the proposed project with respect to -13 - 7, the objectivH and purpo ■H of thi ■ Chapter a ■ ■tat ■d in the Statement of PUrpo ■e, Section 16-4- 16 B, Condition• Attached to Development Permits. Upon con- ■ideration of the factor ■ li ■ted above and the purposes of thi ■ Chapter, th• Flood Plain Administrator shall attach ■uch condition ■. in addition to those required by th ■ Development Permit, as i ■ nacasaary to further the purposes of this Chapter. such conditions may in- clude specifications for, without limitation because of, ■pacitic enumeration, modification of wa ■ta dis- po ■al method ■ and tacilities, landscaping, period of operation, operational controls, sureties, dead re ■triction, and adequate floodproofing, H, Floodproofing, 1, All new construction and substantial improvements of non-residential ■tructures within zones A-AE on the {-l'IHIKf-) FIRM which do not have the lowest floor, in- cluding basement, elevated to or above the Basa Flood Leval shall be floodproofad. All floodproofed struc- tures, together with attendant utility and ■anitary facilities, shall be ■o designed that below the Ba•• Flood Level, the structure is water tight with w11lls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and af- fects of buoyancy . The Administrator shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are comtl gtent with the flood protection elevation for the p ~r.ticular area. 2 . Floodproofing measures {~ i.nc l ude the following . a. Anchorage to resist flotation and lateral movement. b . Installation of water tight doors, bulkheads and shutters. c. Reinforcement of walls to resist water pressures, d. Use of ,,'\tar-proof paints, membranes or mortars to reduce seepage of water through walls. a. Additior. of mass or weight to structures to resist flotation. f. Installation of pumps to lower water levels in structures . -l4 - : .. CJ. h, 1. j. k, l, (Conetn1nttnn at new and repl aceneat water 1upplv •11• 11-■t• tseat■eAt ■y ■t••• to psene11t th• •11 -HIIH eC UHII wat ■H ,n,o 'h• •Y•'·· .... ,. PH ~• l.Ato Uooll vat ■n NEW AND REPLACEMENT WATER SUPPLY SYSTEMS SHALL BE DESIGNED TO MINIMIZE OR ELIMINATE INFILTRATION OF FLOOD WATERS INTO THE SYSTEM , NEW AND REPLACEMENT SANITARY SEWAGE SYSTEMS SHALL BE DESIGNED TO MINIMIZE OR ELIMINATE INFILTRATION 01" FLOOD WATERS INTO THE SYSTEMS AND DISCHARGE FROM THE SYSTEMS INTO THE FLOOD WATERS. Pulllping tacilitie ■ tor ■ubsurtac Q drainage eyst ems tor building ■ to relieve external foundation wall and basement tloor pressures. Con ■truction to resist rupture or collapse caused by water pre ■■ur• or floating debris. CUtott valve ■ on ■ewer line• or the elimination ot gravity tlow basement drains. on-site waste di ■posal systems shall be locat,i to avoid impairment to them or contamination trom them during flooding. 3 . Provide that where a non-residential structure is in- tended to be made watertight below the Base Flood Level. a. A registered professional engineer shail develop and/or review structural design, specification ■, and plan ■ tor the construction, and shall certify that the design and methods ot construction are in accordance with accepted standards of practice for meeting the applicable provisions ot Section 16-4- 16 F, Development Permits. I. Certificate ot compliance. 8. l, No vacant land shall be occupied or used and no build- ing llhall be hereafter erected, a l.tared, or moved on the tl.ood plains of any water course, nor shall such buildi11gs be occupied , until a Ct;rtifi cate of Com- plianc:e shall have been issued by the Flood Plain Administrator. 2, The applicant shall submit a certification by a regis- tered professional engineer to the Flood Pla in Ad- ministrator that the finished till and building tloor elevations, tloodprooting measures, or other protection tac:tor ■ were accomplished in compliance with the provi- sions ot this Chapter. This certi fic ation shall also state whether or not the structure c ontains a basement . -15 - J, L, Within ten day• aft ■r rec ■ipt of ■uch c ■rtification from the applicant, th• Adainiatrator ■hall iHue a certificate of compliance only if the building or prem- i••• and the propo ■ed u•• thereof, conform with all of th• requiramant• of thi• Chapter, and •hall maintain a parmanant record thereof, Amendment ■, Th• boundari•• of the Flood Plain Di ■trict •hall be ■ubjact to periodic review and ■hall be amandad in tha manner providad by law, to conform with any raviHd, corrected or additional hydrulogical data available from Federal, State or regional agancia• or from a consulting engineer retained by the City. Nonconforming U ■e ■, Exi ■ting Nonconforming U ■a ■ in tha Flood Plain Di ■trict may be modified, alt.-rad, or repaired to incorporate floodproofing maa ■ure ■1 but ■uch Nonconform- ing U ■•• shall not be expanded, Subdivision Plats. l. All subdivision proposals shall be designed to minimize flood damage, 2, All subdivision proposal ■ ■htlll have public utilitiH and facilities such a ■ sawer, gas, electrical, and water systems located and constructed to minimize flood damage, 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 4. Basa Flood Elevation Data shall be provided for sub- division proposals and other proposed development which contain at least 50 J.ots or 5 acres, whichever is less, M. Variance Procedure, l, Appeal Board. a, The Board of Adjustment and Appeals as established by the city of Englewood, shall hear and decide appeals and requests tor variances f rom the re- quirements of this Ordina~ce. b. The Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or deter:!llina·;ion made by the Flood Plain Administrator in the e·.,rorcement or administration of this Ordinance. c, Those aggrieved by the decision of the Board of hdjustment and Appeals, or any taxpayer, may ap- peal such decision tc a court of record having jurisdiction tliereof. -lfj - d, In pa ■■ing upon ■uoh application ■, the Board ■hall conaidar all technical evaluation ■, all relevant taotor ■, atandard ■ specified in other section• ot thi• Ordinance, and: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) The danger that material ■ may be ■wept onto other land• to the injury ot other ■• Th• danger to lite and property due to flooding or aroaion damage. The, au ■captibility ot the propo ■ed facili- ty end it• content ■ to flood damage and the effect ot such dama r;;e on the indi .. vidual owner. The importance of the services provided by the proposed facility to tho community. The availability ot alternative locations for the proposed u ■e which are not subject to flooding or eroeion d~mage. The compatibility of the proposed use with exi..:+-.ing and anticipated development. The relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for that area. The safety of access to the ::,roperty in times of tlood for ordinary and Amergency vehicles. The expec~ed heights, velocity, duration, rate of rise, and sediment transport of the fl l)Od waters and the effects of wave action, if applicable, exvected at the site. The costs of providing governmental ser- vices during and after flood conditions, including maintenance a·n•i repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. e . Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structure ■ conetructed below the Base Flood Level, providing items (1-10) in Section 16-4-16 M 1 d have been fully considered, As the lot size increases -17 - t. CJ• h, beyond th~ one-halt (l/2) acre, the technical jus- tification required tor issuing the variance increa•••· VARIANCES SHALL NOT BE ISSUED WITHIN ANY DESIG- NATED FLOODWAY IF ANY INCREASE IN FLOOD LEVELS DURING THE BASE FLOOD DISCHARGE WOULD RESULT. Upon coneideration of the factor• of Section 16-4- 16 Ml d and the purpose ■ of thi• Ordinance, the Board of Adju -t ment and Appeal ■ may attach such condition• to th• granting of variance ■ a ■ it deems nece ■aary to further the purpo ■a ■ ot thi ■ ordinance. The Flood Plain Adminiatrator shall maintai11 the records of all appeal action• and raport any variance ■ to the Federal Emergency Management Agency upon request. 3. condition ■ tor Variance ■, a. Variance ■ may be ia ■uad tor the raconatruction, rehabilitation or re■toration of ■tructures listed on the National Register of Historic Places or the State inventory of Hi ■toiic Places, without regard to the procedures sat forth in the remainder of this Section. b. variances shall only be issued upon a determina- tion that the variance is the minimum necessary, considering the flood hazard, to afford relief. c. Variances shall only be issued upon: (1) A showing of good and sufficient cause. (2) A detarnination that failure to grant the variance would result in exceptional hard- ship to the applicant. (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordhiary public ex- pense, create nuisances, cause fraud on or victimization of the public as identified in Section 1<·4-16 Ml d, or conflict with existing local laws or Ordinances . d. Any .~pplicant to whom a variance is granted to bu.!.l c.. 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. -18 - A Section 2, Hearing. Before final passage, Council shall hold a ~lie hearing ai this Ordinance, in accordance with section 40 of the City Charter, on the 3rd day of l\pril, 1989 at 7:30 p.m. Introduced, read in full, and passed on first reading on the 6th day of March, 1989. PUblished 11!1 a Bill for an ordinance on the 8th day of March, 1989. Read by title and passed on final reading on the 3rd day of l\pril, 1989. PUblished by title as Ordinance No, /3 , series of 1988, on the 6th day of l\pril, 1989. d -~ SUsanVanD'j,°Mayoz; Pat.rcaH, crow, City Clerk -I, Patricia H. CrCM, City Clerk for the City of Qlgl~, Colorado, hereby certify the above and foregoin<J is a true cop'j of the Orc!inance passed en final reading and published by title as Ordinance No • .&__, series of 1989. @.<:C1'.fk u1. ~ Patrca H. CrCM CODICIL COKKOIICATI O I D~TE April 3, 1989 INITIATED BY STAPP S001.C! PREVIOUS COUNCIL ACTION AGENDA ITIII 10 (a) SOIIJ!CT Amendment of 116-4-16 of tho E. H. C , --The Flood Plain Ordinance City Planning & Zoning Commiaaion Richard S. Wanuah , Director of Community Development The Federal Emergency Management Agency (FEHA), which adminiatera the national flood plain insurance program, periodically issues revhed regulation• that all par- ticipating municipalities and counties must incorporate into their Flood Plain Or - dinances , In 1987 , FEHA notified Englewood that certain amendments would be neces- sary to bring the Flood Plain Ordinance into compliance with federal regulations . On April 21, 1987 the Planning Commission held a Public Hearing on the proposed amendments to the Flood Plain Ordinance. The ComNiaaion's recommendation was to adopt the amendments and forward them to City Counci: for Hpproval. City Council then held a Public Hearing upon the proposed amendments on June 29 , 1987, and subse- quently adopted them by Ordinance Number 30, Series of 1987 . This recommendation was brought before Council for first reading st the March 6, 1989 City Council meeting . ACTION PROPOSED A recommendation to emend Section 16-4-16, Flood Plain Ordinance . BACKGROUND In October , 1988 , the City was notified by FEHA that certain ndments to the Flood Plain Ordinance wo uld be required to be made by April 17, 19 b9 These amendc>ents are necessary to keep the Ordinance in compliance with the fo* ural Flood Plain Reg - ulations so as not to jeopardize the avoilability of flood insurance for th• citizens of the City of Englewood . The proposed &11endments have been incorporated into the Ordinance and reviewed by the Planning Commission. On February 22, 1989 , a Public Hearing vaa hold on tho proposed amendments, after which the Coaaiasion voted to approve the amendments to the Ordinance and forward them to City Council with a favorable recommendation . rIIWICIAL -Tho adoption of tho propoood ... nc!Mnt ■ to tho Flood Plaln Ordinance will not finan - clolly i11pact tho City in tor,u of tho i11plo .. ntotic,n and adainhtrat1on of the Or- dinance . However, faUuro to adopt tho propoood ... ndaonto will reault in the looo of flood plain inourance for tho citiHna of tho City of Englewood . R!COIIIIEIIDATIOR The Ci t y PlaMlng and Zoning Co•hlion roc-ndo that tho City Council pa ■o on second reading an Ordinance to ... lid Section 16-4-16 of tha. Co11prohonaive Zoning Ordinance . gv CITT or IROLIWOOD PLUIIIIO QI) ZORIIO COIOIIBSION IROLIWOOD, COLOIWIO IN THE HATTER OF CASE #l-89, FINDINGS OF FACT , CONCWSIONS , AUD RECOHMl!IIDATIONS RELATING TO THE AMENDMENT OF SECTION 16 -4-16, FLOOD PLAIN ORDINANCE COMPREHENSIVE ZONING ORDINANCE . FILED BY : CITY OF ENGLEWOOD 3400 SOUTH ELATI STREET ENGLE\IOOD, CQU)RAOO 80110 THE DECISION OF TNE CITY OF ENGLE\IOOD PLANNING AND ZONING COMMISSION . Commi ■slon member ■ present: Barber, Be cker, Car■on , Draper, Fi ■h, Ger lick , Schultz, Tobin , and Volkema . Authority to amend the Co11prehenl1ve Zoning Ordinance 1 ■ stated i n .,rt.1cle VIII, Section 58 of the Home Rule Charter, vhich providea that the Commission "shall pre- Apare and recommend to the Council , a Comprehensive Zoning Ordinance or proposed .amendments or revlaions thereto , with such provisions as t he Commission shall deem necessary or de s irable for the promotion of the health, safety, morals and general welfare of the inhabitants of the City . The Commission shall hear applications for ame ndments, modification& or revisions of zoning ordinances , and shall forward such applications to the Council with its recommendation . The staff re port and testimony were received by the Commission and incorporated into the r e cord of the Public Hearing . Upon review of the evidence taken in the form of a presenta tion I report and draft of the proposed amendments to Section 16-4-16, Flood Plain Ordinance , Comprehensive Zoning Ordinance , the City Planning and Zoning Commission makes the following Find• ings of Fact . 1. 2 . FINDINGS OF FACT That the Public Hearing was initiated by the City of Englewood upon a find - ing of a need to amend Section 16-4-16 , Flood Plain Ordinance of the Com• prehensive Zoning Or dinance and to provide a forum for public input . That the notice of Public Hearing va ■ given in the Englewood Sentinel, the official newspaper of tho City of Englewood , on February 8, 1989 . That the proposed a11endmenta were initiated through the reco1111endations of the Federal Emergency Management Agency (FEHA). 4 . That tha Pla..,.lng Coaal11lon had revlavad th• propo11d uendaente at a etudy H1 ■ion ~n February 7, 1989. That uendaante to Section 16-4-16, Flood Plain Ordinance , vere propoaed to incorporate ravi ■ione to the exi ■ting regulatlone a ■ required by FEHA . 6 . That the Flood Plal11 Ordinance, a ■ amended dou comply vlth the Federal Regulation•. 7 . That there vere no member• of the public pre ■ent . COIICLDSIOIIS l. That a Public Hearing wa ■ held on February 22, 1989 to con ■ider uendaenta to Section 16-4-16, Flood Plaln Ordinance of t h e Co11prehen■ive Zoning Ordinance . 2 . 3 . 4 . That there vero no 1>.embers c,f the public preaent . That the propo11 '!..• uendment ■ are nece ■■ary in order to comply with the re • quirement• of the Federal Emergency Management Agency (FEMA). That the Planning Co1111i ■1ion reco-enda a ■ follow ■: R!COl!ll!lll>ATIOII Therefore , it is the reco1111endation of the City Planning and Zoning Co1111ission to the City Council that the proposed amendaenta to Section 16-4-16 , Flood Plain Or- dinance of the Comprehensive Zoning Ordinance as approved by motion following the Public Hearing on February 22, 1989, be adopted and forwarded to City Council with a favorable recommendation. Upon a motion made by Hr . Carson , and seconded by Mr . Draper at the regular meeting of the City Planning and Zoning Commission held February 22, 1989 . all Comission members voted in favor . BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION Fred Volkema , Chairman gw -STl,,r UPOP.T CASI 110, 1-89 STAFF UPORT U : PUBLIC HlilINO PLOOD PLAIII OIDIIWICI AKDDIIIRTS Publlc Hearing on the proposed amendlllenta to the Flood Plain Ordinance . DATE TO Bl CONSIDl!R!D : February 22, 1989 INITIATED BY: Federal Emergency Management Agency PROCEDUU TO BE FOLLOIIZD : The City Planning and Zoning Commlsalon wlll hear the te ■timony relative to the pro- posed amendments to the Flood Plain Ordinance and receive any evidence that may be presented . A ,1e Commission may approve the amendments as written , or make modifications as .deem ed necessary before it is forwarded to City Council for final action . oACICGROUND : In October of 1988 , the City waa notlfied by the Federal Emergency Management Agency (FEHA) that base flood elevations had been flnallzed as a result of a Flood In- surance Study for the City of Englewood . In concert with the notlflca t ion was the request t o revise the City '• Flood Plain Ordinance so that it would bft in confor- manc e with the National Flood Insurance Program regulations . The Region VIII FEHA offic , has reviewed the exlstlng F" d Plain Ordinance and recommended the changes no cessary to bring th,. Ordinance into conformance with federal standards . In addi t ion, the Technic1 .1 Review Committee has viewed the Or- dinance and suggested further changes , Thes1 1 changes have been incorporated into the Ordinance and have been approved by FEHA . The changes that are proposed can be. placed in two broad categories . The first is those changes mandated by F~, and the second is glneral housekeeping changes sug- gested by staff to make the Ordinance easier t o understand. The proposed additions are shown on the atta ... hed copy of the ordinan,:e in ut;,per case letters. The dele- tions are shown in italic l etters and bracketed. AlsG attached is a list of the additions and deletiom, by page and section . DEPAllTHl!NT OF COHIIUNITY DEV!LOPll!NT RICOllll!IIDATION : AThe Department of CollllWlity Development recomenda that the propoaed amendments to Wehe Flood Plaln Ordinance be approved and forwarded to City Councll for flnal ac tion . 4 PROPOSED AKEIIDIIIIITS TO ntl n.00D PLAIN ORDINANCE ~ CHANGE B. Delete "Flood Hazard Boundary Kapa and". C.3 . C.4 .c Inaert "in the Flood~ Study Dated April 17 , 1989 ." Delete "on the ■oot racent Flood Hazard Boundary Kap •.• Inaert •accompanying". Inaert "Enco11pa11ing the•. Delete "■ for the". lnHrt "(FIR!!)". lnaert "The area ■ of "Flood Danger• aa identified on Plate 4, in the otudy entitled Storm Drainage Plan for the City of Englewood, Color ado, dated January, 1971, prepared by Sellards and Crigg , Inc .• Delete "Flood Hazard Kapa and". Insert "Flood lnaurance Study and accompanying FIRM ." Insert "and Plate 4 of the Storm Drainage Plan for the City of Englewood, January, 1971, Sellards and Grigg , Inc .". Insert "study and". Delete "floodproofed". Inser t "made" and "or elevation criteria in Section 16-4 -16 F 2 b . •. C. 7 . Delete "Flood Hazard Boundary Hap and The Flood Insurance Rate Kap ." Insert "FIRM• D. l. Delete "Zoning Kap". D.3 . F .l.e . F.l .f . Insert "FIRM". Delete all. Delete all . Iru1ert "All new construction and substantial iaprove11ent ■ shall be constructed with materials and utlllty equlp■ent resistant to flood damage . • . Delete all. - 8 9 10 F. l. f . F . l.g. F .l.g . F. l.g . F.l.g. F . 2.u . F.2 .b . F ,5 ,a , F .5.b. InHrt "All nav conatruction and 1ub1tantial i11prova11ant1 ahall ba conatructad 111ing Mthoda and practicH that 11ini11iza flood duaga•. Dolata all in brack1t1 , InHrt "All na11 conatruction and 1ub1tantlal improvement• ahall be con1 t ructed with". Delete •,hall be•. Insert •that are", Delete "and h" and "and". Insert •and Section 16-4-16 H 2 g , h, and 1, Floodprooflng .". Delete "flrat" and "or baae ■ent floor ". In ■ert "loveat• and "including the ba1e11ent", Inaert "Thla paragraph appllea to manufactured homes to be placed or 1ub1tantially improved in an expanalon to an existing unufac- tured homo park or aubdlvlalon , Thia pu:agraph doea not apply to manufactured home ■ to be placed or ■ub ■tantially improved in an exla ting manufactured ho■e park or aubdl vla ~on except where the repair , reconstruction, or improvement e>.::eeda 50 percent of the value of the street, utilities and pads before the repair, reconstruction or improvement has commenced . tt . Insert "in addl tlon to the requirements in a al,ove . " . F . 7. Insert "Undeaignated Floodvaya . Until a regulatory floodway la designated, it must be 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 baae flood more than one foot at any point 1 be- fore any new construction, substantial improvements or other development , including flll , ls permitted within zoned A ·AE as shown on the FIRM . " . F . 8 Insert "Floodways . Located in areas of special flood hazard es - tablished in Section 16-4-16 C, are areas designated as flood - way s . Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debrls, potential pro- jectllea, and eroslon potential, the following provisions shall apply to public facllitiea or utilltiea only .•, F .8 .a . Insert "Prohibit encroachllenta I including fill, new construction, aubatantial improvement•, and other development unless certifica- tion by a reglatered profoaslonal engineer ii provided demon- strating thAt encroachments ahall not result in any increase in flood levels during the occ urrence of the base flood discharge .•. 11 12 F .8 .b , Inaart 'If Hction F 8 a 1a ■ati ■fiad, all nav con■truction and ■ub ■tanti ■l iaprovaaant ■hall coaply with all applicable flood hazard raduction provi■iona of Section 16-4-16 C, D, E, and F .'. G.3 . lnHrt 'and floodway•. G.5 . Inaart 'Th• Flood Plain Adllini■trator ahall • and •or flood danger• and 'praaant a caaa to the Flood Plain Adlllni ■trator and to 1ub11it aupporting technical evidence . The deci ■ion of the Flood Plain Adllini■trator 11&y be appealed ea provided for in Sec- tion 16 -4-16 M, Variance Proc,dure .•. Delete •appeal the interpretation u provided in Section 16 -4 -16 K, Variance Procedure .". G.3 . Delete all in bracket,. 13 G. 6. b . 2 . Delete •If it 11 deemed neceaaary by the Administrator to have the elevation of the effect• of tha proposal upon the flood flowa and flood plain atorage•. 14 H.l. Delete "FHBH '. 15 18 gw H.L Delete "may ". H.2 .g. H.2 .g . H.2 .h . M. l. f . Delete all . Insert "New and replacement water supply systems shall be de sig • ned to minimize or eliminate infiltration of flood wate rs into the s y stem .". Insert "New and replacement sanitary sewage s y stems shall be designed t o minimize or eliminate infiltration of flood waters into the systems and diacharge from the s ystems into the flood waters .". Insert "Va r iances shall not t-'.saued within any deslgnated floodway lf any increase in the flood levels during the base flood discharge would result . • .