A floodplain development permit shall be obtained from the City Manager before the start of construction or development within the ASFH.
(a) Contents of floodplain development permits. applications for floodplain development permits are to be submitted to the City Manager and shall include the following information as applicable.
(b) Application form. A completed application form with all necessary information completed.
(c) Site plan. A plan at a scale of one inch equals two hundred feet (1" = 200') or as approved by the City Manager, stamped by an engineer registered in the State of Colorado, which includes:
(1) The site location;
(2) A legal description of the parcel;
(3) Base flood limits and water surface elevations;
(4) Floodway limits;
(5) Channel of watercourse;
(6) Existing and proposed contours or elevations at no more than two-foot intervals;
(7) Existing and proposed structures, with the lowest floor elevations (including basements);
(8) Proposed elevations to which structures will be flood-proofed (if applicable);
(9) Location and elevations of existing streets, water supply and sanitation facilities;
(10) Limits and total land area of all existing and proposed impervious surfaces, including structures;
(11) Existing water supply ditches, irrigation ditches and laterals; and
(12) All maps shall comply with the National Map Accuracy Standards.
(d) Channel cross-section. A typical cross-section showing:
(1) The channel of the watercourse;
(2) Limits of floodplain adjoining each side of channel;
(3) Cross-section area to be occupied by the proposed development; and
(4) Existing and proposed base flood elevations.
(e) Construction specifications. Specifications for construction and materials of buildings, flood-proofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitation facilities as applicable.
(f) Alteration of water course. Description of the extent to which any water course will be altered or relocated as a result of the proposed development.
(g) Floodway floodplain development requirements. If development is proposed in a floodway, then a floodway analysis by a Colorado Registered Professional Engineer must be completed using methodology acceptable to the FEMA and CWCB and must meet the following guidelines:
(1) If a detailed hydraulic floodway analysis has not been performed, the responsibility for determining the floodway boundary rests with the floodplain development permit applicant. The need for a detailed hydraulic floodway analysis shall be the decision of the City Manager.
(2) The City Manager may require that the detailed hydraulic floodway analysis be based on the identical hydraulic model which was used to develop the engineering study currently adopted by the Board of Trustees. The applicant should obtain, through the City Manager, a copy of the input data representing the computer model used for the effective flood hazard study if available.
(3) The model must then be updated to existing hydraulic conditions to determine what increase in the 100-year water surface elevation levels have already been achieved by development since the floodplain was established.
a. Alternative floodway configurations may then be analyzed based on methods as outlined in the current U.S. Army Corps of Engineers HEC-RAS Water Surface Profiles User's Manual and submitted to the City Manager for review and approval.
b. Approval will be based on demonstration that the cumulative effects of the proposed development, plus the effects of development since the original flood hazard area was established, does not cause a rise in the base flood elevation.
c. At the City Manager's discretion, where a regulatory floodway has been designated, it may not be necessary to determine the cumulative effects of existing development.
(4) Floodway boundary configurations will be examined and approved by the City Manager. The following specific information, for the stream reach one thousand (1,000) feet upstream and one thousand (1,000) feet downstream from the proposed encroachment, must be submitted:
a. A copy of the printout for the hydraulic computer model representing the base flood profile run for conditions existing at the time the currently effective floodplain was developed. The printout must include the full input and output listing.
b. A copy of the printout from the hydraulic computer model representing the floodway run for the proposed floodway configuration and including developments and other hydraulic changes within the floodplain since the currently effective floodplain was established. The printout must include the full input and output listing with all input changes from the original model highlighted.
c. A copy of the floodway data table representing data for the proposed floodway configuration.
d. A copy of the currently effective official engineering study showing the existing floodplain and the proposed floodway configuration.
e. Certification from a Colorado Registered Professional Engineer that the proposed floodway configuration, in combination with current floodplain hydraulic conditions, meets FEMA and CWCB requirements when evaluated against flood elevations established when the original floodplain study was completed.
f. Electronic copies of all aforementioned data and model input files of this Section shall be submitted on a suitable medium.
(5) Report. An engineering report addressing those standards set forth in this Section, signed and sealed by a Colorado Registered Professional Engineer.
(h) Standards for permit review:
(1) Completeness. No later than ten (10) days following receipt of a completed application for a floodplain development permit, the City Manager shall:
a. Determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings, copying, mailings, publications, labor, overhead, consultants, experts and attorneys that the City deems necessary and shall notify the applicant in writing of the amount of the fee. Until the fee is paid to the City Manager, the application for the floodplain development permit shall not be further processed.
b. Determine if the application is complete. If the application is not complete, the City Manager shall in writing notify the applicant of the deficiency of the application. Until the information is submitted to the City Manager, the application for the floodplain development permit shall not be further processed.
c. The amount of the fee may be increased at any time if it is determined by the City Manager that the fee is not sufficient to cover all costs associated with the floodplain development permit.
(2) Review of application. Once the application is complete and the fee is paid, the City Manager shall within thirty (30) days either:
a. Approve the application and grant a permit if the proposed development complies with these regulations. The City Manager may attach such permit conditions as deemed necessary in furthering the purpose of the ASFH.
b. Deny the application if the proposed development does not comply with the regulations of the ASFH. The decision of the City Manager shall state, in writing, reasons for the decision and shall be given to the applicant.
(3) Permit issued only for allowed use. A floodplain development permit shall not be issued unless the proposed development complies with the standards and uses allowed in the ASFH and will not otherwise violate the purposes and intent of these floodplain regulations.
(4) Determination of flood hazard. In reviewing an application for a floodplain development permit, the City Manager shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard.
(5) Other permits and approvals. The floodplain development permit applicant must obtain all other necessary permits and approvals from which approval is required by local, federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §1334.
(6) Issuance of permit. If the City Manager determines that the application for a floodplain development permit meets the purposes and requirements of this Article, the floodplain development permit shall be issued, with the attachments of any conditions as deemed necessary to further the purposes of this Article. Such conditions may include, but are not limited to, specification for modification of waste disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restriction and adequate flood-proofing.
(7) Building permit. The City Manager shall not issue any permit for, nor allow any use involving, any building, structure or other development within the ASFH unless a floodplain development permit has been granted for the development.
(8) Permit expiration. A floodplain development permit shall expire two (2) years after the date of issuance if the permittee has not commenced construction under the permit.
(9) Waiver of submission requirements. The City Manager may waive any part but not all of the submission requirements imposed by the ASFH upon petition by the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought and/or full compliance with the submission requirements would be unreasonable for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the City Manager, upon written determination that the information to be submitted is sufficient for the City Manager to arrive at a permit decision in full compliance with the law and these floodplain regulations and that the proposed development will have an insubstantial impact on the surrounding area.
(10) Notice to purchaser or lessee. In addition to the provisions set forth in the administrative regulations, in the event that a permit issued under these floodplain regulations allows a structure to be located in a floodplain, the terms of the permit shall require notice that the structure is being located in a floodplain and must be disclosed to the purchaser or lessee in the purchase contract, deed or lease.
(11) Permit conditions. The City Manager may attach such conditions to granting of a permit for proposed development in the floodway, the flood fringe or a flood-prone area, as he or she deems necessary in furthering the purposes of these floodplain regulations. Such conditions may include, but not be limited to, specifications for modifying waste disposal and water supply facilities, landscaping, deed restrictions or adequate flood- proofing.
(Ord. 395 §3, 2016; Ord. 398 §2, 2016)