(A) Lands to which this chapter applies. This chapter shall apply to all special flood hazard areas and areas removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F) within the jurisdiction of the Town of Vail, Colorado.
(B) Purpose. To promote 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) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas;
(7) Ensure that potential buyers are notified that property is in a flood area;
(8) Ensure that those who occupy the floodplain assume the responsibility for their actions;
(9) Protect the natural areas required to convey flood flows and retain flow characteristics; and
(10) Obtain and maintain the benefits to the community of participating in the national flood insurance program.
(C) Basis for establishing special flood hazard areas. Special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study For Eagle County, Colorado, And Incorporated Areas” dated December 4, 2007, with accompanying flood insurance rate maps and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter.
(D) Designation of the Floodplain Administrator. The Town Engineer or designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 C.F.R. (National Flood Insurance Program regulations) pertaining to floodplain management.
(E) Duties and responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator 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;
(2) Review all permit applications to ensure that the requirements of this chapter have been satisfied and that the proposed improvement will be reasonably safe from flooding;
(3) Review, approve or deny floodplain use and modification permits to determine whether proposed improvements meet the provisions of this chapter;
(4) Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of the above mentioned agency permits;
(5) Review and verify that no new habitable structure is constructed within the special flood hazard area;
(6) Review and verify that a licensed professional engineer or professional land surveyor certified the location of the 100-year floodplain on all development applications that are adjacent to, or partially located within the 100-year floodplain, that are proposing improvements that may affect the floodplain;
(7) Where interpretation is needed as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation;
(8) Notify, in riverine situations, adjacent communities and the 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;
(9) Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained;
(10) When base flood elevation data have not been provided in accordance with this subsection (C) of this section, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state or other source, in order to administer the provisions of subsection (G) of this section;
(11) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’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 community; and
(12) Under the provisions of 44 C.F.R. Chapter 1, § 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community’s FIRM which increases the water surface elevation of the base flood by more than one-half foot, provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).
(F) Floodplain permits.
(1) Floodplain use permit.
(a) Purpose. The floodplain use permit is a permit to allow temporary grading within the floodplain and allow for necessary public infrastructure improvements within the floodplain. A floodplain use permit may be issued under at least one of the following conditions:
1. Temporary grading in the floodplain approved by the Floodplain Administrator, in which the site is returned to its existing grade and conditions;
2. Utility construction/ maintenance within the floodplain approved by the Floodplain Administrator which is deemed to have an insignificant impact to the 100-year floodplain;
3. Stream bank stabilization within the floodplain approved by the Floodplain Administrator and is deemed to have an insignificant impact to the floodplain;
4. Public infrastructure construction/maintenance approved by the Floodplain Administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures and stream erosion control measures which are deemed to have an insignificant impact to the floodplain;
(b) Floodplain use permit application submittal requirements. Applicants shall provide the following information prior to design review or any review by the Planning and Environmental Commission:
1. Site plan at an engineering scale showing the location, dimensions and elevations of the proposed landscape/grade alterations, existing and proposed structures, relevant landscape/ topographic features, and the location of the foregoing in relation to the 100-year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor;
2. Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions;
3. Description of the extent to which any floodplain will be altered including why, when, how and when it will be replaced back to its original configuration, and addressing each relevant criterion in subsection (F)(3) of this section;
4. Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit and the like);
5. If required by the Floodplain Administrator, an engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer;
6. Submitted application for a conditional FIRM and floodway revision through FEMA, if applicable; and
7. Any additional information deemed necessary by the Floodplain Administrator.
(2) Floodplain modification permit.
(a) Purpose. A floodplain modification permit is a permit to allow construction of improvements and/or modifications to the adopted floodplain for all other uses, improvements or modifications to or within the floodplain that do not fall within the guidelines of the floodplain use permit. However, no habitable structures or improvements shall be allowed to be constructed within the floodplain.
(b) Floodplain modification application submittal requirements. Applicants shall provide the following information prior to design review or any review by the Planning and Environmental Commission:
1. Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved structures within or adjacent to the floodplain;
2. Description of the extent to which any floodplain will be altered including why, when, how and when it will be replaced back to its original configuration, and addressing each relevant factor in subsection (F)(3) of this section;
3. Signature of the owners of all property subject to an impact by the proposed improvement;
4. A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed landscape/grade alterations, existing and proposed structures, relevant landscape/topographic features, and the location of the foregoing in relation to the 100-year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor;
5. Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions;
6. Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit);
7. An engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer;
8. Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable;
9. Environmental impact report, per Chapter 12 of this title; and
10. Any additional information deemed necessary by the Floodplain Administrator.
(3) Review, criteria and findings. At the discretion of the Floodplain Administrator, floodplain use permits may be reviewed by the Floodplain Administrator or the PEC. All floodplain modification permits shall be reviewed and approved by the Floodplain Administrator and the PEC.
(a) Criteria. The following factors shall be used to make a determination in issuance of floodplain permits:
1. The effects upon the efficiency or capacity of the floodway;
2. The effects upon persons and personal property upstream, downstream and in the immediate vicinity;
3. The effects upon the 100-year flood profile and channel stability;
4. The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems;
5. The danger to life and property due to flooding or erosion damage;
6. The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner;
7. The danger that materials may be swept onto other lands to the injury of others;
8. The compatibility of the proposed use with existing and anticipated development;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. 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;
11. 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;
12. The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat;
13. The necessity to the facility of a waterfront location, where applicable;
14. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
15. The relationship of the proposed use to the comprehensive plan for that area.
(b) Findings. The following findings shall be made before granting of a floodplain permit:
1. That the proposed use or modification adequately addresses the findings in subsection (F)(3)(a) of this section, as determined by the Floodplain Administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved;
2. That the proposed use or modification is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; and
3. That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and
4. That the proposed use or modification promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.
(4) Permit fees. The Town Council shall set a floodplain permit schedule sufficient to cover the cost of town staff time, consultant fees and incidental expense.
(5) Expiration of permit. A floodplain permit shall expire two years after its date of issuance if the permittee has not started construction under the permit.
(G) Provisions for flood hazard reduction.
(1) General standards. In all special flood hazard areas, the following provisions are required for all new construction and substantial improvements:
(a) Habitable structures or improvements shall not be permitted to be constructed within the 100-year floodplain. Improvements that may be approved for construction within the 100-year floodplain include:
1. Temporary grading in the floodplain approved by the Floodplain Administrator, in which the site is returned to its existing grade and conditions;
2. Utility construction/ maintenance within the floodplain approved by the Floodplain Administrator which is deemed to have an insignificant impact to the floodplain;
3. Stream bank stabilization within the floodplain approved by the Floodplain Administrator and is deemed to have an insignificant impact to the floodplain; and
4. Public infrastructure construction/maintenance approved by the Floodplain Administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain.
(b) Insignificant impact to the floodplain: an
INSIGNIFICANT IMPACT TO THE FLOODPLAIN shall be defined as an improvement in the floodplain that is a public benefit that meets the criteria set out in subsection (G)(1)(a) of this section and causes no negative impacts to adjacent properties and no permanent localized cumulative increase in the adopted base flood elevations (BFE) greater than 0.25 vertical feet. The applicant shall apply for a conditional FIRM and floodway revision through FEMA, if applicable;
(c) All new structures or improvements, unless otherwise specifically provided for within this chapter, shall not influence the 100-year floodplain and shall maintain a minimum clear distance from the 100-year floodplain of one foot in both the horizontal and vertical directions;
(d) Floor plans and elevations illustrating that the lowest floor elevations including basement, together with attendant utility and sanitary facilities, of the new or substantially improved structure, shall be elevated to at least one foot above the base flood elevation;
(e) All approved new or modified improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the improvement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(f) All new approved construction or modified improvements shall be constructed by methods and practices that minimize flood damage;
(g) All new approved construction or modified improvements shall be constructed with materials resistant to flood damage;
(h) All existing nonconforming structures located within the 100-year floodplain that may require maintenance shall not negatively impact the adopted BFEs or adjacent properties in any way, unless as provided by subsection (G)(1)(a) of this section; and shall increase conformity and flood protection as required by the Floodplain Administrator (i.e., floodproofing, flotation prevention, flood resistant materials and the like);
(i) All existing nonconforming structures that may require maintenance to operational systems that are within the floodplain 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;
(j) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(k) 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
(l) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(2) Standards for areas of shallow flooding (AO/AH Zones). Located within the special flood hazard areas established in subsection (C) of this section, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet 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:
(a) All new construction and substantial improvements of residential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least three feet if no depth number is specified);
(b) All new construction and substantial improvements of nonresidential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least three feet if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so that one foot above 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 of effects of buoyancy;
(c) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this chapter are satisfied; and
(d) Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.
(3) Floodways. Floodways located within special flood hazard areas established in subsection (C) of this section, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply.
(a) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b) If this subsection (G) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection (G).
(c) Under the provisions of 44 C.F.R. Chapter 1, § 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 conditional FIRM and floodway revision through FEMA.
(H) Properties removed from floodplain by fill.
(1) Permit. A floodplain permit 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 (LOMR-F), unless such new structure or addition complies with the following.
(a) Residential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill.
(b) Nonresidential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill 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.
(I) Critical facilities.
(1) Construction of new critical facilities shall be, to the extent possible, located outside the limits of the regulatory floodplain.
(2) Construction of new critical facilities in the regulatory floodplain shall be permissible if no feasible alternative site is available, provided:
(a) Critical facilities shall have the lowest floor elevated three feet above the base flood elevation or to the height of the 500-year flood, whichever is higher. If there is no available data on the 500-year flood, the permit applicants shall develop the needed data in accordance with FEMA mapping guidelines; and
(b) Access to and from the critical facility shall be protected to the elevation of the 500-year flood.
(Ord. 19(2013) § 2)