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Background Paper for Proposed
ORDINANCE
DATE: NOVEMBER 11, 2013 AGENDA ITEM # R-9
DEPARTMENT: DEPARTMENT OF PUBLIC WORKS
EARL WILKINSON, DIRECTOR
TITLE
AN ORDINANCE REPEALING AND REENACTING CHAPTER 9 OF TITLE XVII OF THE
PUEBLO MUNICIPAL CODE RELATING TO FLOOD DAMAGE PREVENTION
ISSUE
Should the City Council repeal and reenact Chapter 9 of Title XVII of the Pueblo Municipal Code
relating to flood damage prevention?
RECOMMENDATION
The Planning and Zoning Commission, at their October 9, 2013 Regular Meeting, voted 5-0 with
Commissioners Latka and Burrer being absent to recommend approval of this Ordinance.
BACKGROUND
In late 2010, the Colorado Water Conservation Board (CWCB) adopted revised Rules and
Regulations for Floodplains in Colorado (Rules), effective January 14, 2011. The Rules provide
higher floodplain management standards to reduce the risks to people and property caused by
flooding. A three-year transition period was provided and the City has until January 14, 2014 to
adopt floodplain regulations consistent with the Rules.
Failure to adopt updated floodplain regulations consistent with the Rules, as well as any
updates necessary to bring local regulations into compliance with minimum National Flood
Insurance Program (NFIP) criteria, may lead to sanctions including NFIP suspension or
probation. If a community is placed on NFIP probation, a $50 surcharge would be placed on
flood insurance policies. The community would then need to correct the identified deficiencies,
including adopting the Rules, or be subject to NFIP suspension. If a community is suspended
from the NFIP, federally-backed flood insurance policies would no longer be available and
existing policies will lapse at renewal. Federally-backed loans, grants, and other financial
assistance for activities within the floodplain would not be available. If a Presidential Disaster
Declaration caused by flooding is made, property owners would be ineligible for most forms of
disaster assistance.
The proposed Ordinance is modeled after the form Floodplain Damage Prevention Ordinance of
the Colorado Department of Natural Resources. It should be acceptable to and in compliance
with the NFIP.
FINANCIAL IMPACT
The passage of this Ordinance will have little or no impact on the overall budget of the
Department of Stormwater Utility.
ORDINANCE NO. 8668
AN ORDINANCE REPEALING AND REENACTING
CHAPTER 9 OF TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO FLOOD DAMAGE
PREVENTION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Chapter 9 of Title XVII of the Pueblo Municipal Code is hereby repealed as
follows:
CHAPTER 9
Flood Damage Prevention
[
Sec. 17-9-1. Definitions.
Unless specifically defined below, words or phrases used in this Chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
Chapter its most reasonable application.
(1) Appeal means a request for a review of the interpretation by the
Director of the Department of Stormwater Utility of any provision of this Chapter
or a request for a variance.
(2) Area of special flood hazard means the land in the flood plain
within the City subject to a one-percent chance of flooding in any given year.
(3) Base flood means the flood having a one-percent chance of
occurring in any given year.
(4) Critical Feature means an integral and readily identifiable part of a
flood protection system, without which the flood protection provided by the entire
system would be compromised.
(5) Development means any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling operations located
within the area of special flood hazard.
(6) Existing manufactured home park or manufactured home
subdivision means a parcel (or contiguous parcels) of land divided into two (2) or
more manufactured home lots for rent or sale for which the construction of
facilities for serving the lot on which the manufactured home is to be affixed
(including, at a minimum, the installation of utilities, either final site grading or the
pouring of concrete pads, and for the construction of streets) is completed before
December 1, 1978.
(7) Expansion of an existing manufactured home park or manufactured
home subdivision means the preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, either final site grading or pouring of
concrete or the construction of streets).
(8) Flood or flooding means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
a. The overflow of inland waters and/or
b. The unusual and rapid accumulation or runoff of surface
waters from any source.
(9) Flood Insurance Rate Map (FIRM) means the official map on which
the Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the City.
(10) Flood Insurance Study means the official report in which the
Federal Insurance Administration has provided flood profiles, as well as the flood
Boundary-Floodway Map and the water surface elevation of the base flood for
the City dated September 29, 1986, as revised.
(11) Floodway means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than one
(1) foot.
(12) Levee means a man-made structure, usually an earthen
embankment, designed and constructed in accordance with sound engineering
practices to contain, control or divert the flow of water to provide protection from
temporary flooding.
(13) Levee system means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accordance with sound
engineering practices.
(14) Manufactured home means a detached, single-family dwelling unit
with all the following characteristics: (a) designed for a long-term occupancy and
containing sleeping accommodation, a flush toilet, a tub or shower bath and
kitchen facilities, and has plumbing and electrical connections provided for
attachment to outside systems; (b) designed to be transported after fabrication,
on its own wheels, on flatbed, other trailers or detachable wheels; (c) arrives at
the site where it is to be occupied as a complete dwelling and is ready for
occupancy except for minor and incident unpacking and assembly operations,
location on foundation supports or jacks, underpinned, connections to utilities
and the like; (d) exceeding either eight (8) feet in width or thirty-two (32) feet in
length, excluding towing gear and bumpers; and (e) is without motive power. It
does not include recreational vehicles or travel trailers.
(15) Manufactured home park means an area under single ownership of
at least five (5) acres of land which has been so designated and improved that it
contains two (2) or more manufactured home or travel trailer spaces available to
the general public for the placement thereon of manufactured homes or travel
trailers for occupancy.
(16) Manufactured home subdivision means a tract of land ten (10)
acres or more, which has been designed and improved in its entirety in
accordance with the City Subdivision Regulations and the Zoning Ordinances
where manufactured homes can be located on individually platted and owned
lots for dwelling purposes.
(17) Mean sea level means, for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or
other datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
(18) New construction means structures for which the start of
construction commenced on or after December 1, 1978.
(19) New manufactured home park or manufactured home subdivision
means a manufactured home park or manufactured home subdivision for which
the construction of facilities for servicing any space or the lot (including, at a
minimum, the installation of utilities, either final site grading or the pouring of
concrete pads, the construction of streets) is completed on or after December 1,
1978.
(20) Program deficiency means a defect in a community's flood plain
management regulations or administrative procedures that impairs effective
implementation of those flood plain management regulations or the National
Flood Insurance Program standards 60.3, 60.4, 60.5 or 60.6.
(21) Remedy a violation means to bring the structure or other
development into compliance with state or local flood plain management
regulations or, if this is not possible, to reduce the impacts of its noncompliance.
Impacts may be reduced in the following ways: protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of this Chapter or otherwise deterring future similar violations, or
reducing federal financial exposure with regard to the structure or other
development.
(22) Start of construction includes substantial improvement, and means
the date the building permit was issued, provided that the actual start of
construction, repair, reconstruction, placement or other improvement was within
one hundred eighty (180) days of the permit date. The actual start means the first
placement of permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the construction of columns or any
work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets or
walkways; nor does it include excavation for a basement, footings, piers or
foundations or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure.
(23) Structure means a walled and roofed building, a manufactured
home or a gas or liquid storage tank, that is principally above ground.
(24) Substantial improvement means any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure either:
a. Before the improvement or repair is started, or
b. If the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition, substantial improvement is considered to
occur when the first alteration of any wall, ceiling, floor or other structural part of
the building commences, whether or not that alteration affects the external
dimensions of the structures. The term does not, however, include either:
a. Any project for improvement of a structure to comply with
existing State or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions, or
b. Any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
(25) Variance means a grant of relief from the requirements of this
Chapter which permits construction in a manner that would otherwise be
prohibited by this Chapter.
(26) Violation means the failure of a structure or other development to
be in full compliance with the City's flood plain management regulations. A
structure or other development without the elevation certificate, other
certifications or other evidence of compliance required in National Flood
Insurance Program standards 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or
(e)(5) is presumed to be in violation until such time as that documentation is
provided.
(27) Water surface elevation means the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where
specified) of floods of various magnitudes and frequencies in the flood plains of
coastal or riverine areas.
Sec. 17-9-2. Application.
This Chapter shall apply to all areas of special flood hazards within the
jurisdiction of the City.
Sec. 17-9-3. Establishment of areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood Insurance Study
for the City of Pueblo, Colorado," dated September 29, 1986, with accompanying Flood
Insurance Rate Maps and Flood Boundary-Floodway Maps as revised September 29,
1986, are hereby adopted by reference, incorporated herein as if set out herein in full,
and declared to be a part of this Chapter. The Flood Insurance Study is on file in the
office of the Director of the Department of Stormwater Utility.
Sec. 17-9-4. Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted
or altered without full compliance with the terms of this Chapter and other applicable
ordinances and regulations of the City. Violation of the provisions of this Chapter by
failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions or grants of variances) shall
constitute a violation of this Code. Any person who violates this Chapter or fails to
comply with any of its requirements shall upon conviction thereof be punished as
provided in Section 1-2-1 of this Code. Nothing herein contained shall prevent the City
from taking such other lawful action as is necessary to prevent, enjoin or remedy any
violation.
Sec. 17-9-5. Greater restrictions.
This Chapter is not intended to repeal, abrogate or impair any existing
easements, covenants or deed restrictions. However, where this Chapter and other
ordinance, easement, covenant or deed restrictions conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
Sec. 17-9-6. Interpretation.
In the interpretation and application of this Chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the City; and
(3) Deemed neither to limit nor repeal any other powers granted under the
Constitution and laws of the State.
Sec. 17-9-7. Warning and disclaimer of liability.
The degree of flood protection required by this Chapter is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This Chapter does not imply that land outside the area of
special flood hazards or uses permitted within such areas will be free from flooding or
flood damages. This Chapter shall not create liability on the part of the City, any officer
or employee thereof or the Federal Insurance Administration, for any flood damages
that result from reliance on this Chapter or any administrative decision lawfully made
hereunder.
Sec. 17-9-8. Establishment of development permit system.
(a) Development permits shall be obtained before construction or
development begins within any area of special flood hazard. Application for a
development permit shall be made on forms furnished by the Director of the Department
of Stormwater Utility and may include, but not be limited to: plans in duplicate drawn to
scale showing the nature, location, dimensions and elevations of the area in question;
and existing or proposed structures, fill, storage of materials, and drainage facilities, and
the location of the foregoing.
(b) The application shall be submitted with the following information:
(1) Elevation in relation to mean sea level of the lowest floor (including
basement) of all structures;
(2) Elevation in relation to mean sea level to which any structure has
been floodproofed;
(3) Certification by a professional engineer or architect registered by
the State that the floodproofing methods for any nonresidential structure meet the
floodproofing criteria in Section 17-9-13(2); and
(4) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
Sec. 17-9-9. Designation and duties of the Administrative Official.
(a) The Director of the Department of Stormwater Utility is hereby appointed
as the Administrative Official to administer and implement this Chapter by granting or
denying development permit applications in accordance with its provisions.
(b) The duties of the Administrative Official shall include, but not be limited to:
(1) Review all development permits to determine that the permit
requirements of this Chapter have been satisfied.
(2) Review all development permits to determine that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed
development is located in the floodway. If located in the floodway, assure that the
encroachment provisions of Section 17-9-15(a) are met.
(c) When base flood elevation data has not been provided in the Flood
Insurance Study, the Administrative Official shall obtain, review and reasonably utilize
any base flood elevation data available from a federal, state or other source, in order to
administer Section 17-9-13 of this Code. The Administrative Official shall obtain, review
and reasonably utilize any base flood elevation data available from a federal, state or
other source.
(d) The Administrative Official shall:
(1) Obtain and record the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement.
(2) For all new or substantially improved floodproofed structures:
a. Obtain and record the actual elevation (in relation to mean
sea level) to which the structure was floodproofed; and
b. Maintain the floodproofing certifications required in Section
17-9-8(b)(3).
(3) Maintain for public inspection all records pertaining to the
provisions of this Chapter.
(4) Notify adjacent communities and the appropriate state agencies,
which includes the Colorado Water Conservation Board, prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
(5) Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not diminished.
(6) Make interpretations where needed as to the exact location of the
boundaries of the areas of special flood hazards (for example, where there
appears to be a conflict between a mapped boundary and actual field conditions).
The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section 17-9-10(b).
Sec. 17-9-10. Appeal and variance procedure.
(a) The Zoning Board of Appeals shall hear and decide appeals and requests
for variances from the requirements of this Chapter.
(b) The Zoning Board of Appeals shall hear and decide appeals when it is
alleged there is an error in any requirement, decision or determination made by the
Administrative Official in the enforcement or administration of this Chapter; provided that
written request for such appeal and hearing specifying the grounds therefor shall be
filed in the office of the Administrative Official within fifteen (15) days after the date of
the alleged error, decision or determination of the Administrative Official which is being
appealed.
(c) Those aggrieved by the decision of the Zoning Board of Appeals, the City
or any owner of property in the area of special flood hazard may appeal such decision
to the Pueblo County District Court, as provided in Section 17-5-36.
(d) In passing upon application for variances, the Zoning Board of Appeals
shall consider all technical evaluations, all relevant factors, standards specified in other
sections of this Chapter, and:
(1) The danger that materials may be swept into 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 necessity to the facility of a waterfront location, where
applicable;
(6) The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7) The relationship of the proposed use to the comprehensive plan
and flood plain management program of that area;
(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 flood waters and the effects of wave action, if applicable,
expected at the site; and
(10) The costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities such
as sewer, gas, electrical and water systems, and streets and bridges.
(e) Upon consideration of the factors of Subsection (d) above and the
purposes of this Chapter, the Zoning Board of Appeals may attach such conditions to
the granting of variances as it deems necessary to further the purposes of this Chapter.
(f) The Administrative Official shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal Insurance
Administration upon request.
Sec. 17-9-11. Conditions for variances.
(a) Generally, 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 structures constructed below the base flood level,
provided that all matters in Section 17-9-10(d) have been fully considered. As the lot
size increases beyond the one-half (1/2) acre, the technical justification required for
issuing the variance increases.
(b) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places or the State
Inventory of Historic Places, without regard to the procedures set forth in the remainder
of this Section.
(c) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(d) Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
(1) A determination by the Zoning Board of Appeals that failure to grant
the variance would result in exceptional hardship to the applicant; and
(2) A determination by the Zoning Board of Appeals that the granting of
a variance will not result in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws or ordinances.
(f) Any applicant to whom a variance is granted shall be given written notice
describing the property and stating that the structure will be permitted to be built with a
lowest floor elevation below the base flood elevation and that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced lowest floor
elevation. A copy of said notice shall be recorded in the County Clerk and Recorder's
office by the Administrative Official.
(g) Upon the receipt of a written application for a variance, the Administrative
Official shall give notice and schedule a hearing on said application before the Zoning
Board of Appeals in accordance with the notice and provisions of Section 17-5-33(b).
Sec. 17-9-12. General standards.
In all areas of special flood hazards, the following standards are required:
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure and
to withstand hydrodynamic loads.
(2) All manufactured homes shall be anchored to resist flotation,
collapse or lateral movement by providing over-the-top and frame ties to ground
anchors. Special requirements shall be that:
a. Over-the-top ties be provided at each of the four (4) corners
of the manufactured home, with two (2) additional ties per side at
intermediate locations, with manufactured homes less than fifty (50) feet
long requiring one (1) additional tie per side.
b. Frame ties be provided at each corner of the home with five
(5) additional ties per side at intermediate points, with manufactured
homes less than fifty (50) feet long requiring four (4) additional ties per
side;
c. All components of the anchoring system be capable of
carrying a force of four thousand eight hundred (4,800) pounds; and
d. Any additions to the manufactured home be similarly
anchored.
e. All manufactured homes shall meet National Flood
Insurance Program regulations which took effect on January 1, 1986.
(3) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage and
using methods and practices that minimize flood damage.
(4) All 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 of flood waters into the systems and discharge from the systems into
flood waters. On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(5) All subdivision proposals shall: (a) be consistent with the need to
minimize flood damage; (b) have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
(c) have adequate drainage provided to reduce exposure to flood damage; and
(d) be submitted with base flood elevation data.
(6) Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed or located to prevent
water from entering or accumulating within the components during conditions of
flooding.
(7) For all new construction and substantial improvements, fully
enclosed areas below the lowest floor that are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs to meet this requirement
shall either be certified by a registered professional engineer or architect or must
meet or exceed the following minimum criteria: a minimum of two (2) openings
having a total net area or not less than one (1) square inch for every square foot
of enclosed area subject to flooding shall be provided; the bottom of all openings
shall be no higher than one (1) foot above grade; and openings may be equipped
with screens, louvers or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
Sec. 17-9-13. Specific standards.
In all areas of special flood hazards where base flood elevation data have been
provided in the Flood Insurance Study or pursuant to Section 17-9-9(c), the following
standards are required:
(1) New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated to or above
base flood elevation.
(2) New construction and substantial improvements of any commercial,
industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated to the level of the base flood elevation; or together
with attendant utility and sanitary facilities, shall:
a. Be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable to the passage
of water;
b. Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a professional engineer or architect
registered by the State that the standards of this Subsection are satisfied.
Such certifications shall be furnished to the Administrative Official.
Sec. 17-9-14. Manufactured homes.
(a) Manufactured homes shall be anchored in accordance with Section 17-9-
12(2).
(b) For new manufactured home parks and manufactured home subdivisions;
for expansions to existing manufactured home parks and manufactured home
subdivisions; and for existing manufactured home parks and manufactured home
subdivisions where the repair, reconstruction or improvement of the streets, utilities and
pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads
before the repair, reconstruction or improvement has commenced; the following are
required:
(1) Stands or lots are elevated on compacted fill or on pilings so that
the lowest floor of the manufactured home will be at or above the base flood
level;
(2) Adequate surface drainage and access for a hauler are provided;
and
(3) In the instance of elevation on pilings, that: lots are large enough to
permit steps, piling foundations are placed in stable soil no more than ten (10)
feet apart, and reinforcement is provided for pilings more than six (6) feet above
the ground level.
(c) No manufactured home shall be placed in a floodway, except in an
existing manufactured home park or an existing manufactured home subdivision.
Sec. 17-9-15. Floodways.
(a) Encroachments, including fill, new construction, substantial improvements
and other development are prohibited within a floodway unless a technical evaluation
demonstrates that encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge and unless all new construction and
substantial improvements in a floodway shall comply with Sections 17-9-12 and 17-9-
13.
(b) The placement of any manufactured homes, except in an existing
manufactured home park or existing manufactured home subdivision, is prohibited in a
floodway.
Sec. 17-9-16. Building permit.
No building permit shall be issued for any development in areas of special flood
hazards by any official of the City under any provision of this Code until the
]
Administrative Official shall first issue a development permit therefor.
SECTION 2.
Chapter 9 of Title XVII of the Pueblo Municipal Code is hereby reenacted to read
as follows:
Sec. 17-9-1. Title and purpose.
(a) Authority. The regulations set forth in this Chapter are designed to
minimize flood losses and are enacted pursuant to the City’s home rule authority
under Article XX of the Constitution of the State of Colorado.
(b) Findings of fact.
(1) The flood hazard areas of the City of Pueblo are subject to
periodic inundation, which can result in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
and extraordinary public expenditures for flood protection and relief, all of
which adversely affect the health, safety and general welfare of the public.
(2) These flood losses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood heights and
velocities, and by the occupancy of flood hazard areas by uses vulnerable
to floods and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood damage.
(c) Statement of purpose. It is the purpose of this Chapter 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 critical facilities, infrastructure and other
public facilities such as water, sewer and gas mains; electric and
communications stations; and 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; and
(7) Insure that potential buyers are notified that property is
located in a flood hazard area.
(d) Methods of reducing flood losses. In order to accomplish its
purposes, this Chapter uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety
or property in times of flood, or cause excessive increases in flood heights
or velocities;
(2) Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of
initial construction;
(3) Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which are involved in the accommodation
of flood waters;
(4) Control filling, grading, dredging and other development which
may increase flood damage;
(5) Prevent or regulate the construction of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards to
other lands.
Sec. 17-9-2. Definitions.
(a) Unless specifically defined below, words or phrases used in this
Chapter shall be interpreted to give them the meaning they have in common
usage and to give this Chapter its most reasonable application.
(1) means a flood having a recurrence interval that
100-year Flood
has a one-percent chance of being equaled or exceeded during any given
year (1-percent-annual-chance flood). The terms "one-hundred-year flood"
and "one percent chance flood" are synonymous with the term "100-year
flood." The term does not imply that the flood will necessarily happen once
every one hundred years.
(2) means the area of land susceptible to
100-year Floodplain
being inundated as a result of the occurrence of a one-hundred-year flood.
(3) means a flood having a recurrence interval that
500-year Flood
has a 0.2-percent chance of being equaled or exceeded during any given
year (0.2-percent-chance-annual-flood). The term does not imply that the
flood will necessarily happen once every five hundred years.
(4) means the area of land susceptible to
500-year Floodplain
being inundated as a result of the occurrence of a five-hundred-year flood.
(5) means any activity that expands the enclosed
Addition
footprint or increases the square footage of an existing structure.
(6) means a fan-shaped sediment deposit
Alluvial Fan Flooding
formed by a stream that flows from a steep mountain valley or gorge onto a
plain or the junction of a tributary stream with the main stream. Alluvial
fans contain active stream channels and boulder bars, and recently
abandoned channels. Alluvial fans are predominantly formed by alluvial
deposits and are modified by infrequent sheet flood, channel avulsions and
other stream processes.
(7) means a designated Zone AO or AH
Area of Shallow Flooding
on the Flood Insurance Rate Map (FIRM) with a one percent chance or
greater annual chance of flooding to an average depth of one to three feet
where a clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
(8) means the elevation shown on the
Base Flood Elevation (BFE)
Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE,
AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface
elevation resulting from a flood that has a one percent chance of equaling
or exceeding that level in any given year.
(9) means any area of a building having its floor sub-
Basement
grade (below ground level) on all sides.
(10) means the physical confine of stream or waterway
Channel
consisting of a bed and stream banks, existing in a variety of geometries.
(11) means the artificial creation, enlargement or
Channelization
realignment of a stream channel.
(12) means the codification of
Code of Federal Regulations (CFR)
the general and permanent Rules published in the Federal Register by the
executive departments and agencies of the Federal Government. It is
divided into 50 titles that represent broad areas subject to Federal
regulation.
(13) means City of Pueblo, Colorado.
City
(14) means FEMA's
Conditional Letter of Map Revision (CLOMR)
comment on a proposed project, which does not revise an effective
floodplain map, that would, upon construction, affect the hydrologic or
hydraulic characteristics of a flooding source and thus result in the
modification of the existing regulatory floodplain.
(15) means a structure or related infrastructure, but
Critical Facility
not the land on which it is situated, as specified in Subsection 17-9-5(h),
that if flooded may result in significant hazards to public health and safety
or interrupt essential services and operations for the City at any time
before, during and after a flood.
(16) means any man-made change in improved and
Development
unimproved real state, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
(17) means database (usually spreadsheets
DFIRM Database
containing data and analyses that accompany DFIRMs). The FEMA
Mapping Specifications and Guidelines outline requirements for the
development and maintenance of DFIRM databases.
(18) means FEMA digital
Digital Flood Insurance Rate Map (DFIRM)
floodplain map. These digital maps serve as “regulatory floodplain maps”
for insurance and floodplain management purposes.
(19) means a non-basement building (i) built, in
Elevated Building
the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to
have the top of the elevated floor above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the flow of the
water and (ii) adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of the base
flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D,
"elevated building" also includes a building elevated by means of fill or
solid foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of flood waters.
(20) means a
Existing Manufactured Home Park or Subdivision
manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) is completed before January 14, 2014.
(21)
Expansion to an Existing Manufactured Home Park or
means the preparation of additional sites by the construction
Subdivision
of facilities for servicing the lots on which the manufactured homes are to
be affixed (including the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads).
(22) means the official daily publication for Rules,
Federal Register
proposed Rules, and notices of Federal agencies and organizations, as well
as executive orders and other presidential documents.
(23) FEMA means Federal Emergency Management Agency, the
agency responsible for administering the National Flood Insurance
Program.
(24) means a general and temporary condition of
Flood or Flooding
partial or complete inundation of normally dry land areas from:
a. The overflow of water from channels and reservoir
spillways;
b. The unusual and rapid accumulation or runoff of surface
waters from any source; or
c. Mudslides or mudflows that occur from excess surface
water that is combined with mud or other debris that is sufficiently
fluid so as to flow over the surface of normally dry land areas (such
as earth carried by a current of water and deposited along the path of
the current).
(25) means an official map of the
Flood Insurance Rate Map (FIRM)
City, on which the Federal Emergency Management Agency has delineated
both the Special Flood Hazard Areas and the risk premium zones
applicable to the City.
(26) means the official report provided
Flood Insurance Study (FIS)
by the Federal Emergency Management Agency. The report contains the
Flood Insurance Rate Map as well as flood profiles for studied flooding
sources that can be used to determine Base Flood Elevations for some
areas.
(27) means any land area
Floodplain or Flood-prone Area
susceptible to being inundated as the result of a flood, including the area
of land over which floodwater would flow from the spillway of a reservoir.
(28) means the Director of the
Floodplain Administrator
Department of Stormwater Utility.
(29) means a permit required
Floodplain Development Permit
before construction or development begins within any Special Flood
Hazard Area (SFHA). If FEMA has not defined the SFHA within the City, the
City shall require permits for all proposed construction or other
development in the City including the placement of manufactured homes,
so that it may determine whether such construction or other development
is proposed within flood-prone areas. Permits are required to ensure that
proposed development projects meet the requirements of the NFIP and this
Chapter.
(30) means the operation of an overall
Floodplain Management
program of corrective and preventive measures for reducing flood damage,
including but not limited to emergency preparedness plans, flood control
works and floodplain management regulations.
(31) means zoning
Floodplain Management Regulations
ordinances, subdivision regulations, building codes, health regulations,
special purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police
power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood
damage prevention and reduction.
(32) means a physical structure designed
Flood Control Structure
and built expressly or partially for the purpose of reducing, redirecting, or
guiding flood flows along a particular waterway. These specialized flood
modifying works are those constructed in conformance with sound
engineering standards.
(33) means any combination of structural and/or
Floodproofing
non-structural additions, changes, or adjustments to structures which
reduce or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
(34) means the channel of a river
Floodway (Regulatory Floodway)
or other watercourse and adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height. The Colorado statewide
standard for the designated height to be used for all newly studied reaches
shall be one-half foot (six inches). Letters of Map Revision to existing
floodway delineations may continue to use the floodway criteria in place at
the time of the existing floodway delineation.
(35) means the vertical distance in feet above a
Freeboard
predicted water surface elevation intended to provide a margin of safety to
compensate for unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood such as debris
blockage of bridge openings and the increased runoff due to urbanization
of the watershed.
(36) means a use which cannot
Functionally Dependent Use
perform its intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
(37) means the highest natural elevation of
Highest Adjacent Grade
the ground surface prior to construction next to the proposed walls of a
structure.
(38) means any structure that is:
Historic Structure
a. Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places
in states with historic preservation programs which have been
approved by the Secretary of Interior; or
d. Individually listed on the Pueblo Inventory of Cultural
Resources pursuant to Chapter 4 of Title XIV of the Code.
(39) means a man-made embankment, usually earthen,
Levee
designed and constructed in accordance with sound engineering practices
to contain, control, or divert the flow of water so as to provide protection
from temporary flooding. For a levee structure to be reflected on the FEMA
FIRMs as providing flood protection, the levee structure must meet the
requirements set forth in 44 CFR 65.10.
(40) means a flood protection system which
Levee System
consists of a levee, or levees, and associated structures, such as closure
and drainage devices, which are constructed and operated in accordance
with sound engineering practices.
(41) means FEMA's official revision
Letter of Map Revision (LOMR)
of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and
Floodway Map (FBFM), or both. LOMRs are generally based on the
implementation of physical measures that affect the hydrologic or
hydraulic characteristics of a flooding source and thus result in the
modification of the existing regulatory floodway, the effective Base Flood
Elevations (BFEs), or the Special Flood Hazard Area (SFHA).
(42) means FEMA’s
Letter of Map Revision Based on Fill (LOMR-F)
modification of the Special Flood Hazard Area (SFHA) shown on the Flood
Insurance Rate Map (FIRM) based on the placement of fill outside the
existing regulatory floodway.
(43) means the lowest floor of the lowest enclosed
Lowest Floor
area (including basement). Any floor used for living purposes which
includes working, storage, sleeping, cooking and eating, or recreation or
any combination thereof. This includes any floor that could be converted to
such a use such as a basement or crawl space. The lowest floor is a
determinate for the flood insurance premium for a building, home or
business. An unfinished or flood resistant enclosure, usable solely for
parking or vehicles, building access or storage in an area other than a
basement area is not considered a building's lowest floor; provided that
such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirement of Section 60.3 of the National
Flood insurance Program regulations.
(44) means a structure transportable in one or
Manufactured Home
more sections, which is built on a permanent chassis and is designed for
use with or without a permanent foundation when connected to the
required utilities. The term "manufactured home" does not include a
"recreational vehicle".
(45) means a parcel (or
Manufactured Home Park or Subdivision
contiguous parcels) of land divided into two or more manufactured home
lots for rent or sale.
(46) means for purposes of the National Flood
Mean Sea Level
Insurance Program, the North American Vertical Datum (NAVD) of 1988 or
other datum, to which Base Flood Elevations shown on the City’s Flood
Insurance Rate Map are referenced.
(47) means a form with data
Material Safety Data Sheet (MSDA)
regarding the properties of a particular substance. An important
component of product stewardship and workplace safety, it is intended to
provide workers and emergency personnel with procedures for handling or
working with that substance in a safe manner, and includes information
such as physical data (melting point, boiling point, flash point, etc.),
toxicity, health effects, first aid, reactivity, storage, disposal, protective
equipment, and spill-handling procedures.
(48) means FEMA’s
National Flood Insurance Program (NFIP)
program of flood insurance coverage and floodplain management
administered in conjunction with the Robert T. Stafford Relief and
Emergency Assistance Act. The NFIP has applicable Federal regulations
promulgated in Title 44 of the Code of Federal Regulations. The U.S.
Congress established the NFIP in 1968 with the passage of the National
Flood Insurance Act of 1968.
(49) means a
New Manufactured Home Park or Subdivision
manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after January 14, 2014.
(50) means a record of the results of an
No-Rise Certification
engineering analysis conducted to determine whether a project will
increase flood heights in a floodway. A No-Rise Certification must be
supported by technical data and signed by a registered Colorado
Professional Engineer. The supporting technical data should be based on
the standard step-backwater computer model used to develop the 100-year
floodway shown on the Flood Insurance Rate Map (FIRM) or Flood
Boundary and Floodway Map (FBFM).
(51) means FEMA’s action whereby
Physical Map Revision (PMR)
one or more map panels are physically revised and republished. A PMR is
used to change flood risk zones, floodplain and/or floodway delineations,
flood elevations, and/or planimetric features.
(52) means a vehicle which is:
Recreational Vehicle
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest
horizontal projections;
c. Designed to be self-propelled or permanently towable by
a light duty truck; and
d. Designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel, or
seasonal use.
(53) means the land in the floodplain
Special Flood Hazard Area
within the City subject to a one percent or greater chance of flooding in any
given year, i.e., the 100-year floodplain.
(54) means the date the building permit was
Start of Construction
issued, including substantial improvements, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or
other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading
and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the
building.
(55) means a walled and roofed building, including a gas
Structure
or liquid storage tank, which is principally above ground, as well as a
manufactured home.
(56) means damage of any origin sustained by
Substantial Damage
a structure whereby the cost of restoring the structure to its before-
damaged condition would equal or exceed 50 percent of the market value
of the structure just prior to when the damage occurred.
(57) means any reconstruction,
Substantial Improvement
rehabilitation, addition, or other improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure
before "Start of Construction" of the improvement. The value of the
structure shall be determined by the local jurisdiction having land use
authority in the area of interest. This includes structures which have
incurred "Substantial Damage", regardless of the actual repair work
performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary
conditions or
b. Any alteration of a "historic structure” provided that the
alteration will not preclude the structure's continued designation as
a "historic structure."
(58) means a quantity
Threshold Planning Quantity (TPQ)
designated for each chemical on the list of extremely hazardous
substances that triggers notification by facilities to the State that such
facilities are subject to emergency planning requirements.
(59) means a grant of relief to a person from the
Variance
requirement of this Chapter when specific enforcement would result in
unnecessary hardship. A variance, therefore, permits construction or
development in a manner otherwise prohibited by this Chapter.
(60) means the failure of a structure or other development
Violation
to be fully compliant with this Chapter. A structure or other development
without the elevation certificate, other certifications, or other evidence of
compliance required in 44 CFR Section 60.3(b)(5), (c)(4), (c)(10), (d)(3),
(e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that
documentation is provided.
(61) means the height, in relation to the
Water Surface Elevation
North American Vertical Datum (NAVD) of 1988 (or other datum, where
specified), of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
Sec. 17-9-3. General Provisions.
(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 City of Pueblo, Colorado.
(b) Basis for establishing the Special Flood Hazard Area. The Special
Flood Hazard Areas identified by the Federal Emergency Management Agency in
a scientific and engineering report entitled, "The Flood Insurance Study for the
City of Pueblo, Colorado, dated September, 29, 1986, with accompanying Flood
Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM)
and any revisions thereto are hereby adopted by reference and declared to be a
part of this Chapter. These Special Flood Hazard Areas identified by the FIS and
attendant mapping are the minimum area of applicability of this Chapter and may
be supplemented by studies designated and approved by City Council. The
Floodplain Administrator shall keep a copy of the Flood Insurance Study (FIS),
DFIRMs, FIRMs and/or FBFMs on file and available for public inspection.
(c) Establishment of Floodplain Development Permit. A Floodplain
Development Permit shall be required to ensure conformance with the provisions
of this Chapter.
(d) Compliance. No structure or land shall hereafter be located, altered,
or have its use changed within the Special Flood Hazard Area without full
compliance with the terms of this Chapter and other applicable regulations.
Nothing herein shall prevent the City Council from taking such lawful action as is
necessary to prevent or remedy any violation. These regulations meet the
minimum requirements as set forth by the Colorado Water Conservation Board
and the National Flood Insurance Program.
(e) Abrogation and Greater Restrictions. This Chapter is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Chapter and another ordinance, easement,
covenant, nor deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(f) Interpretation. In the interpretation and application of this Chapter,
all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted
under State statutes.
(g) Warning and Disclaimer of Liability. The degree of flood protection
required by this Chapter is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. On rare occasions greater
floods can and will occur and flood heights may be increased by man-made or
natural causes.
This Chapter does not imply that land outside the Special Flood Hazard
Area or uses permitted within such areas will be free from flooding or flood
damages. This Chapter shall not create liability on the part of the City or any
official or employee thereof for any flood damages that result from reliance on
this Chapter or any administrative decision lawfully made thereunder.
(h) Severability. This Chapter and the various parts thereof are hereby
declared to be severable. Should any section of this Chapter be declared by the
courts to be unconstitutional or invalid, such decision shall not affect the validity
of this Chapter as a whole, or any portion thereof other than the section so
declared to be unconstitutional or invalid.
Sec. 17-9-4. Administration.
(a) Designation of the Floodplain Administrator. The Director of the
Department of Stormwater Utility is hereby appointed as Floodplain Administrator
to administer, implement and enforce the provisions of this Chapter and other
appropriate sections of 44 CFR (National Flood Insurance Program Regulations)
pertaining to floodplain management.
(b) 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, including the actual elevation
(in relation to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures and any floodproofing certificate
required by Subsection (d) of this Section.
(2) Review, approve, or deny all applications for Floodplain
Development Permits required by adoption of this Chapter.
(3) Review Floodplain Development Permit applications to
determine whether a proposed building site, including the placement of
manufactured homes, will be reasonably safe from flooding.
(4) Review permits for proposed development to 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.
(5) 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.
(6) Where interpretation is needed as to the exact location of the
boundaries of the Special Flood Hazard Area including, by way of example,
where there appears to be a conflict between a mapped boundary and
actual field conditions, the Floodplain Administrator shall make the
necessary interpretation.
(7) When Base Flood Elevation data has not been provided in
accordance with Section 17-9-3, 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
the provisions of Section 17-9-5.
(8) For waterways with Base Flood Elevations for which a
regulatory Floodway has not been designated, 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.
(9) Under the provisions of 44 CFR Chapter 1, Section 65.12, of
the National Flood Insurance Program regulations, a City may approve
certain development in Zones A1-30, AE, AH, on the City’s 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), fulfills the
requirements for such revisions as established under the provisions of
Section 65.12 and receives FEMA approval.
(10) Notify, in riverine situations, adjacent communities and the
State Coordinating Agency, which is the Colorado Water Conservation
Board, prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to FEMA.
(11) Ensure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
(c) Building permit. No building permit shall be issued for any
development in areas of special flood hazards by any official of the City under
any provision of this Code until the Floodplain Administrator shall first approve a
Floodplain Permit therefor.
(d) Permit procedures. Application for a Floodplain Development Permit
shall be presented to the Floodplain Administrator on forms furnished by him/her
and may include, but not be limited to, plans in duplicate drawn to scale showing
the location, dimensions, and elevation of proposed landscape alterations,
existing and proposed structures, including the placement of manufactured
homes, and the location of the foregoing in relation to Special Flood Hazard Area.
Additionally, the following information is required:
(1) Elevation (in relation to mean sea level), of the lowest floor
(including basement) of all new and substantially improved structures;
(2) Elevation in relation to mean sea level to which any
nonresidential structure shall be floodproofed;
(3) A certificate from a registered Colorado Professional Engineer
or architect that the nonresidential floodproofed structure shall meet the
floodproofing criteria of Subsection 17-9-5(b)(2);
(4) Description of the extent to which any watercourse or natural
drainage will be altered or relocated as a result of proposed development.
(5) Maintain a record of all such information in accordance with
Subsection 17-9-4(b).
Approval or denial of a Floodplain Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this Chapter and the
following relevant factors:
(1) The danger to life and property due to flooding or erosion
damage;
(2) The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to
the injury of others;
(4) The compatibility of the proposed use with existing and
anticipated development;
(5) The safety of access to the property in times of flood for
ordinary and emergency vehicles;
(6) 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;
(7) The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
(8) The necessity to the facility of a waterfront location, where
applicable;
(9) The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
(10) The relationship of the proposed use to the comprehensive
plan for that area.
(e) Variance procedures.
(1) The Zoning Board of Appeals, shall hear and render judgment
on requests for variances from the requirements of this Chapter.
(2) The Zoning Board of Appeals shall hear and render judgment
on an appeal only when it is alleged there is an error in any requirement,
decision, or determination made by the Floodplain Administrator in the
enforcement or administration of this Chapter, provided that the written
request for such appeal and hearing specifying the grounds therefor shall
be filed in the office of the Floodplain Administrator within fifteen (15) days
after the date of the alleged error, decision or determination of the
Floodplain Administrator which is being appealed.
(3) Any person or persons aggrieved by the decision of the
Zoning Board of Appeals may appeal such decision in the courts of
competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all
actions involving an appeal and shall report variances to the Federal
Emergency Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this Chapter.
(6) Variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing the relevant factors in Subsection (d)
of this Section have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for issuing the
variance increases.
(7) Upon consideration of the factors noted above and the intent
of this Chapter, the Zoning Board of Appeals may attach such conditions to
the granting of variances as it deems necessary to further the purpose and
objectives of this Chapter as stated in Section 17-9-1(c).
(8) Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
(10) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
b. Variances shall only be issued upon:
1. Showing a good and sufficient cause;
2. A determination that failure to grant the variance
would result in exceptional hardship to the applicant, and
3. A determination that the granting of a variance will
not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
c. Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to be built
with the lowest floor elevation below the Base Flood Elevation, and
that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
(11) Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of a
Functionally Dependent Use provided that:
a. The criteria outlined in Subsections (e)(1) through (9) of
this Section are met, and
b. The structure or other development is protected by
methods that minimize flood damages during the base flood and
create no additional threats to public safety.
(f) Penalties for noncompliance. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full compliance with
the terms of this Chapter and other applicable ordinances and regulations of the
City. Violation of the provisions of this Chapter by failure to comply with any of
its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a violation of this Code. Any person
who violates this Chapter or fails to comply with any of its requirements shall be
punished as provided in Section 1-2-1 of this Code. Nothing herein contained
shall prevent the City from taking such other lawful action as is necessary to
prevent, enjoin or remedy any violation.
Sec. 17-9-5. Provisions for flood hazard reduction.
(a) General standards. In all Special Flood Hazard Areas the following
provisions are required for all new construction and substantial improvements:
(1) All new construction or substantial improvements shall be
designed (or modified) and adequately anchored to prevent flotation,
collapse or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be
constructed with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating within
the components during conditions of flooding;
(5) All manufactured homes shall be installed using methods and
practices which minimize flood damage. For the purposes of this
requirement, manufactured homes must be elevated and anchored to resist
flotation, collapse, or lateral movement. Methods of anchoring may include,
but are not limited to, use of over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
(6) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters into the
system;
(7) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into the
system and discharge from the systems into flood waters; and,
(8) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(b) Specific standards. In all Special Flood Hazard Areas where base
flood elevation data has been provided as set forth in (i) Section 17-9-3(b), (ii)
Section 17-9-4(b)(7), or (iii) Section 17-9-5(g), the following provisions are
required:
(1) Residential construction. New construction and Substantial
Improvement of any residential structure shall have the lowest floor
(including basement), elevated to one foot above the base flood elevation.
Upon completion of the structure, the elevation of the lowest floor,
including basement, shall be certified by a registered Colorado
Professional Engineer, architect, or land surveyor. Such certification shall
be submitted to the Floodplain Administrator.
(2) Nonresidential construction. With the exception of Critical
Facilities, outlined in Subsection (h) of this Section, new construction and
Substantial Improvements of any commercial, industrial, or other
nonresidential structure shall either have the lowest floor (including
basement) elevated to one foot above the base flood elevation or, together
with attendant utility and sanitary facilities, be designed so that at one foot
above the base flood elevation the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
A registered Colorado Professional Engineer or architect shall
develop and/or review structural design, specifications, and plans for the
construction, and shall certify that the design and methods of construction
are in accordance with accepted standards of practice as outlined in this
subsection. Such certification shall be maintained by the Floodplain
Administrator, as proposed in Section 17-9-4(d).
(3) Enclosures. New construction and substantial improvements,
with fully enclosed areas below the lowest floor that are usable solely for
parking of vehicles, building access, or storage in an area other than a
basement and which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered Colorado Professional Engineer or architect or meet or exceed
the following minimum criteria:
a. A minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one
foot above grade.
c. Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
(4) Manufactured homes. All manufactured homes that are placed
or substantially improved within Zones A1-30, AH, and AE on the City’s
FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in
a new manufactured home park or subdivision, (iii) in an expansion to an
existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which manufactured home has
incurred "substantial damage" as a result of a flood, be elevated on a
permanent foundation such that the lowest floor of the manufactured home
is elevated to one foot above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
All manufactured homes placed or substantially improved on sites in
an existing manufactured home park or subdivision within Zones A1-30, AH
and AE on the City’s FIRM that are not subject to the provisions of the
above paragraph, shall be elevated so that either:
a. The lowest floor of the manufactured home is one foot
above the base flood elevation, or
b. The manufactured home chassis is supported by
reinforced piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above grade and be
securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
(5) Recreational vehicles. All recreational vehicles placed on
sites within Zones A1-30, AH, and AE on the City’s FIRM either:
a. Be on the site for fewer than 180 consecutive days,
b. Be fully licensed and ready for highway use, or
c. Meet the permit requirements of Section 17-9-4(d), and
the elevation and anchoring requirements for "manufactured homes"
in Subsection (b)(4) of this Section.
A recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
(6) Prior approved activities. Any activity for which a Floodplain
Development Permit was issued by the City or a CLOMR was issued by
FEMA prior to January 14, 2014 may be completed according to the
standards in place at the time of the permit or CLOMR issuance and will not
be considered in violation of this Chapter if it meets such standards.
(c) Standards for areas of shallow flooding (AO/AH zones). Located
within the Special Flood Hazard Area established in Section 17-9-3(b), are areas
designated as shallow flooding. These areas have special flood hazards
associated with base flood depths of 1 to 3 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:
(1) Residential construction. All new construction and
Substantial Improvements of residential structures must have the lowest
floor (including basement) elevated above the highest adjacent grade at
least one foot above the depth number specified in feet on the City’s FIRM
(at least three feet if no depth number is specified). Upon completion of the
structure, the elevation of the lowest floor, including basement, shall be
certified by a registered Colorado Professional Engineer, architect, or land
surveyor. Such certification shall be submitted to the Floodplain
Administrator.
(2) Nonresidential construction. With the exception of Critical
Facilities, outlined in Subsection (h) of this Section , all new construction
and Substantial Improvements of non-residential structures, must have the
lowest floor (including basement) elevated above the highest adjacent
grade at least one foot above the depth number specified in feet on the
City’s FIRM (at least three feet if no depth number is specified), or together
with attendant utility and sanitary facilities be designed so that the
structure is watertight to at least one foot above the base flood level with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads of effects of buoyancy. A registered Colorado
Professional Engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed in
Section 17-9-4(d), are satisfied.
Within Zones AH or AO, adequate drainage paths around structures
on slopes are required to guide flood waters around and away from
proposed structures.
(d) Floodways. Floodways are administrative limits and tools used to
regulate existing and future floodplain development. The State of Colorado has
adopted Floodway standards that are more stringent than the FEMA minimum
standard. Located within Special Flood Hazard Area established in Subsection
17-9-3(b), 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:
(1) Encroachments are prohibited, including fill, new
construction, substantial improvements and other development within the
adopted regulatory Floodway it has been demonstrated through
unless
hydrologic and hydraulic analyses performed by a licensed Colorado
Professional Engineer and in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
(requires a No-Rise Certification) in flood levels within the City during the
occurrence of the base flood discharge.
(2) If the above Subsection (d)(1) of this Section is satisfied, all
new construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of this Section.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of
the National Flood Insurance Regulations, the City may permit
encroachments within the adopted regulatory floodway that would result in
an increase in Base Flood Elevations, provided that the City first applies for
a CLOMR and floodway revision through FEMA.
(e) Alteration of a Watercourse. For all proposed developments that
alter a watercourse within a Special Flood Hazard Area, the following standards
apply:
(1) Channelization and flow diversion projects shall appropriately
consider issues of sediment transport, erosion, deposition, and channel
migration and properly mitigate potential problems through the project as
well as upstream and downstream of any improvement activity. A detailed
analysis of sediment transport and overall channel stability should be
considered, when appropriate, to assist in determining the most
appropriate design.
(2) Channelization and flow diversion projects shall evaluate the
residual 100-year floodplain.
(3) Any channelization or other stream alteration activity
proposed by a project proponent must be evaluated for its impact on the
regulatory floodplain and be in compliance with all applicable Federal,
State and local floodplain rules, regulations and ordinances.
(4) Any stream alteration activity shall be designed and sealed by
a registered Colorado Professional Engineer or Certified Professional
Hydrologist.
(5) All activities within the regulatory floodplain shall meet all
applicable Federal, State and local floodplain requirements and
regulations.
(6) Within the Regulatory Floodway, stream alteration activities
shall not be constructed unless the project proponent demonstrates
through a Floodway analysis and report, sealed by a registered Colorado
Professional Engineer, that there is not more than a 0.00-foot rise in the
proposed conditions compared to existing conditions Floodway resulting
from the project, otherwise known as a No-Rise Certification, unless the
City first applies for a CLOMR and Floodway revision in accordance with
Subsection (d) of this Section.
Maintenance shall be required for any altered or relocated portions of
watercourses so that the flood-carrying capacity is not diminished.
(f) Properties removed from the Floodplain by fill. A Floodplain
Development 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), with a lowest
floor elevation placed below the Base Flood Elevation with one foot of freeboard
that existed prior to the placement of fill.
(g) Standards for subdivision proposals.
(1) All subdivision proposals including the placement of
manufactured home parks and subdivisions shall be reasonably safe from
flooding. If a subdivision or other development proposal is in a flood-
prone area, the proposal shall minimize flood damage.
(2) All proposals for the development of subdivisions including
the placement of manufactured home parks and subdivisions shall meet
Floodplain Development Permit requirements of Section 17-9-3(c), 17-9-
4(d); and the provisions of Section 17-9-5 of this Chapter.
(3) Base Flood Elevation data shall be generated for subdivision
proposals and other proposed development including the placement of
manufactured home parks and subdivisions which is greater than 50 lots or
5 acres, whichever is lesser, if not otherwise provided pursuant to Section
17-9-3(b) or Section 17-9-4(b) of this Chapter.
(4) All subdivision proposals including the placement of
manufactured home parks and subdivisions shall have adequate drainage
provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the placement of
manufactured home parks and subdivisions shall have public utilities and
facilities such as sewer, gas, electrical and water systems located and
constructed to minimize or eliminate flood damage.
(h) Standards for critical facilities. A Critical Facility is a structure or
related infrastructure, but not the land on which it is situated, as specified in Rule
6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if
flooded may result in significant hazards to public health and safety or interrupt
essential services and operations for the City at any time before, during and after
a flood.
(1) Critical Facilities are classified under the following categories:
(a) Essential Services; (b) Hazardous Materials; (c) At-risk Populations; and
(d) Vital to Restoring Normal Services.
a. Essential services facilities include public safety,
emergency response, emergency medical, designated emergency
shelters, communications, public utility plant facilities, and
transportation lifelines.
These facilities consist of:
1. Public safety (police stations, fire and rescue
stations, emergency vehicle and equipment storage, and,
emergency operation centers);
2. Emergency medical (hospitals, ambulance service
centers, urgent care centers having emergency treatment
functions, and non-ambulatory surgical structures but
excluding clinics, doctors offices, and non-urgent care
medical structures that do not provide these functions);
3. Designated emergency shelters;
4. Communications (main hubs for telephone,
broadcasting equipment for cable systems, satellite dish
systems, cellular systems, television, radio, and other
emergency warning systems, but excluding towers, poles,
lines, cables, and conduits);
5. Public utility plant facilities for generation and
distribution (hubs, treatment plants, substations and pumping
stations for water, power and gas, but not including towers,
poles, power lines, buried pipelines, transmission lines,
distribution lines, and service lines); and
6. Air Transportation lifelines (airports (municipal and
larger), helicopter pads and structures serving emergency
functions, and associated infrastructure (aviation control
towers, air traffic control centers, and emergency equipment
aircraft hangars).
Specific exemptions to this category include wastewater treatment
plants (WWTP), non-potable water treatment and distribution
systems, and hydroelectric power generating plants and related
appurtenances.
Public utility plant facilities may be exempted if it can be
demonstrated to the satisfaction of the Flood Plain Administrator
that the facility is an element of a redundant system for which
service will not be interrupted during a flood. At a minimum, it shall
be demonstrated that redundant facilities are available (either owned
by the same utility or available through an intergovernmental
agreement or other contract) and connected, the alternative facilities
are either located outside of the 100-year floodplain or are compliant
with the provisions of this Section, and an operations plan is in
effect that states how redundant systems will provide service to the
affected area in the event of a flood. Evidence of ongoing
redundancy shall be provided to the Flood Plain Administrator on an
as-needed basis upon request.
b. Hazardous materials facilities include facilities that
produce or store highly volatile, flammable, explosive, toxic and/or
water-reactive materials.
These facilities may include:
1. Chemical and pharmaceutical plants (chemical
plant, pharmaceutical manufacturing);
2. Laboratories containing highly volatile, flammable,
explosive, toxic and/or water-reactive materials;
3. Refineries;
4. Hazardous waste storage and disposal sites; and
5. Above ground gasoline or propane storage or sales
centers.
Facilities shall be determined to be Critical Facilities if they produce
or store materials in excess of threshold limits. If the owner of a
facility is required by the Occupational Safety and Health
Administration (OSHA) to keep a Material Safety Data Sheet (MSDS)
on file for any chemicals stored or used in the work place, AND the
chemical(s) is stored in quantities equal to or greater than the
Threshold Planning Quantity (TPQ) for that chemical, then that
facility shall be considered to be a Critical Facility. The TPQ for these
chemicals is: either 500 pounds or the TPQ listed (whichever is
lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also
known as Extremely Hazardous Substances (EHS); or 10,000 pounds
for any other chemical. This threshold is consistent with the
requirements for reportable chemicals established by the Colorado
Department of Health and Environment. OSHA requirements for
MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental
Protection Agency (EPA) regulation “Designation, Reportable
Quantities, and Notification,” 40 C.F.R. § 302 (2010) and OSHA
regulation “Occupational Safety and Health Standards,” 29 C.F.R. §
1910 (2010) are incorporated herein by reference and include the
regulations in existence at the time of the promulgation this Chapter,
but exclude later amendments to or editions of the regulations
Specific exemptions to this category include:
Finished consumer products within retail centers and
households containing hazardous materials intended for
household use, and agricultural products intended for
agricultural use;
Buildings and other structures containing hazardous
materials for which it can be demonstrated to the
satisfaction of the local authority having jurisdiction by
hazard assessment and certification by a qualified
professional (as determined by the local jurisdiction
having land use authority) that a release of the subject
hazardous material does not pose a major threat to the
public; and
Pharmaceutical sales, use, storage, and distribution
centers that do not manufacture pharmaceutical
products.
These exemptions shall not apply to buildings or other structures
that also function as Critical Facilities under another category
outlined in this Article.
c. At-risk population facilities include medical care, congregate
care, and schools.
These facilities consist of:
1. Elder care ( nursing homes);
2. Congregate care serving 12 or more individuals (
day care and assisted living);
3. Public and private schools (pre-schools, K-12
schools), before-school and after-school care serving 12 or
more children);
d. Facilities vital to restoring normal services including
government operations.
These facilities consist of:
1. Essential government operations (public records,
courts, jails, building permitting and inspection services,
administration and management, maintenance and equipment
centers);
2. Essential structures for public colleges and
universities (dormitories, offices, and classrooms only).
These facilities may be exempted if it is demonstrated to the City
Council that the facility is an element of a redundant system for
which service will not be interrupted during a flood. At a minimum, it
shall be demonstrated that redundant facilities are available (either
owned by the same entity or available through an intergovernmental
agreement or other contract), the alternative facilities are either
located outside of the 100-year floodplain or are compliant with this
Chapter, and an operations plan is in effect that states how
redundant facilities will provide service to the affected area in the
event of a flood. Evidence of ongoing redundancy shall be provided
to the City Council on an as-needed basis upon request.
(2) Protection for critical facilities. All new and substantially
improved Critical Facilities and new additions to Critical Facilities located
within the Special Flood Hazard Area shall be regulated to a higher
standard than structures not determined to be Critical Facilities. For the
purposes of this Chapter, protection shall include one of the following:
a. Location outside the Special Flood Hazard Area; or
b. Elevation or floodproofing of the structure to at least
two feet above the Base Flood Elevation.
(3) Ingress and egress for new critical facilities. New Critical
Facilities shall, when practicable as determined by the City Council have
continuous non-inundated access (ingress and egress for evacuation and
emergency services) during a100-year flood event.
(4) Identification of critical facilities. All structures that clearly
meet the intent of the classification criteria shall be deemed Critical
Facilities. For those structures for which it is unclear or otherwise
ambiguous if the criteria are met, the Flood Plain Administrator shall have
the sole discretion to determine if the structure is a Critical Facility.
SECTION 3.
The provisions of this Ordinance and Chapter 9 of Title XVII hereby adopted are
severable, and if any provision, sentence, clause, section, or part thereof is held illegal,
invalid, or unconstitutional or inapplicable to any person or circumstance, the illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, sentences, clauses, sections or parts of this Ordinance and
Chapter 9 of Title XVII or their application to other persons or circumstances. It is
hereby declared to be the intent of the City of Pueblo that this Ordinance and Chapter 9
of Title XVII would have been adopted if such illegal, invalid or unconstitutional
provision, sentence, clause, section or part had not been included therein, and if the
person or circumstances to which the same or any part thereof is inapplicable had been
specifically exempted therefrom.
SECTION 4.
The officers of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures
described herein.
SECTION 5.
This Ordinance shall become effective January 14, 2014.
INTRODUCED: November 11, 2013
BY: Ami Nawrocki
PASSED AND APPROVED: November 25, 2013