HomeMy WebLinkAbout2026 Ordinance No. 022
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ORDINANCE COUNCIL BILL NO. 20
NO. 22 INTRODUCED BY COUNCIL
SERIES OF 2026 MEMBER PRANGE
AN ORDINANCE AMENDING MULTIPLE SECTIONS OF THE
ENGLEWOOD MUNICIPAL CODE TO REFLECT THE TRANSFER OF
STORMWATER FUNCTIONS FROM THE PUBLIC WORKS
DEPARTMENT TO THE UTILITIES DEPARTMENT
WHEREAS, the City of Englewood (“City”) periodically reviews and
reorganizes its municipal operations to promote efficiency, accountability, and
effective public service delivery; and
WHEREAS, the City has transferred responsibility for stormwater
management, storm drainage planning, floodplain technical review, and related
functions from the Public Works Department to the Utilities Department to better
align stormwater services with the City’s enterprise-based utility operations; and
WHEREAS, the City Council desires to amend the Englewood Municipal
Code to reflect this departmental reorganization by updating references to the
appropriate department and director responsible for stormwater and floodplain-
related functions, thereby ensuring consistency, clarity, and proper administration
of the Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code Section 12-5-10. The
Englewood Municipal Code Section 12-5-10 is hereby amended to read as follows (new
provisions underlined; and deleted provisions crossed through):
12-5-10: City of Englewood Storm Drainage Criteria Manual.
A. There is hereby adopted, by reference thereto, the City of Englewood Storm
Drainage Criteria Manual (Manual), in its entirety including any updates and amendment
thereto, as developed by the City of Englewood. The City Clerk shall maintain a copy of
the Manual and any updates and amendments which will be available for inspection during
regular business hours. Additionally, a copy of the Manual shall be maintained on the
website of the City of Englewood.
1. The purpose of the Manual is to provide minimum standards to safeguard the
health, property and public welfare through the proper control and handling of storm
drainage flows and discharge.
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2. Failure to comply with any provision of the Manual shall be a nuisance, and may
be abated and/or prosecuted in accordance with the provisions of Title 15 of the Englewood
Municipal Code.
3. Any work performed in violation of any provision of the Manual may be ordered
to stop by the Director of Utilities Public Works, or designee, when a stop work notice is
served in writing on any person engaged in doing or causing such work, all in conformance
with Section 11-7-23. It shall be a violation of this provision to perform any work in
violation of any stop work order. In addition to any penalty assessed pursuant to Section
1-4-1, the administrative penalties provided within Section 11-7-24 shall be applicable.
4. The Manual shall provide for storm drainage planning, project review and
stormwater management analysis.
5. The Manual shall provide for a drainage policy.
6. The Manual shall provide technical design criteria.
7. The Manual shall provide for management of open channels and hydraulic
structures.
8. The Manual shall provide for stormwater storage and a drainage detention plan.
B. The 2005 Storm Drainage Criteria Manual, adopted by and through Ordinance No.
28, Series 2005, is hereby repealed.
Section 2. Amendment of Englewood Municipal Code § 16-10-4. Englewood Municipal
Code Section 16-10-4 is hereby amended to read as follows (new provisions underlined;
deleted provisions stricken):
16-10-4: Administration.
A. Floodplain Administrator. The City Manager or designee shall be the Floodplain
Administrator and shall enforce the provisions of this Chapter and other appropriate
sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to
floodplain management. The Utilities 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. Duties and Responsibilities. The Floodplain Administrator's duties and
responsibilities shall include 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 been
floodproofed.
c. The floodproofing certifications required in EMC § 16-10-8.
2. Review all applications within 15 working days for floodplain development permits
required by this Chapter. Such review shall:
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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 federal, 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.
c. Determine whether a proposed building site, including the placement of
manufactured homes, will be reasonably safe from flooding.
d. Consider the following:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) 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 to the 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 15 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:
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 EMC §
16-10-8, or elevation criteria in EMC § 16-10-5.B.2.
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.
4. 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 Floodplain Administrator and to submit
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supporting technical evidence. The decision of the Floodplain Administrator may be
appealed as provided in EMC § 16-10-11.
5. When base flood elevation data has not been provided in accordance with EMC §
16-10-6, the Floodplain Administrator shall obtain, review and reasonably utilize any base
flood elevation data and floodway data available from a federal, state or other source, in
order to administer this Chapter.
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 A1-30 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 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 A1-30, AE, AH, on the FIRM which increases the water surface
elevation of the base flood by more than one-half foot, 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 provisions 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.
Section 3. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate
the remainder of this Ordinance or its application to other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of the
Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall be
treated and held as still remaining in force for the purposes of sustaining any and all proper
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actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture,
or liability, as well as for the purpose of sustaining any judgment, decree, or order which
can or may be rendered, entered, or made in such actions, suits, proceedings, or
prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it
is promulgated for the health, safety, and welfare of the public, and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained. This Safety Clause
is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper,
the City’s official website, or both. Publication shall be effective upon the first publication
by either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
this Ordinance, and the City Clerk is hereby authorized and directed to attest to such
execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem
is hereby authorized to execute the above-referenced documents. The execution of any
documents by said officials shall be conclusive evidence of the approval by the City of
such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance, and has authority to correct formatting and/or typographical
errors discovered during codification.
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal
Code or applicable law, violations shall be subject to the General Penalty provisions
contained within EMC § 1-4-1.
Introduced and passed on first reading on the 17th day of February, 2026; and on second
reading, in identical form to the first reading, on the 6th day of April, 2026.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
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I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of an Ordinance, introduced and passed in
identical form on first and second reading on the dates indicated above; and published
two days after each passage on the City’s official website for at least thirty (30) days
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
Stephanie Carlile
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