Sec. 70-22. Permit procedures.
(a) Application. Application for any use listed in this article and requiring a floodplain development permit may be allowed only upon application to the floodplain administrator on forms furnished by him or her and issuance of a floodplain development permit by the floodplain administrator.
(b) Procedure in reviewing applications. Upon receiving an application for a floodplain development permit involving the use of fill, construction of structures including the placement of manufactured homes, or storage of materials, the floodplain administrator shall, prior to rendering a decision thereon:
(1) Require the applicant to furnish the following information as is deemed necessary by the floodplain administrator for determining the regulatory flood protection elevation and whether the proposed use is located in the floodway or floodway fringe area and other factors necessary to render a decision on the suitability of the particular site for the proposed use:
a. Plans, submitted electronically, drawn to scale, showing the nature, location, dimensions and elevation of the project area, elevation of proposed landscape alterations, existing or proposed structures, including the placement of manufactured homes, fill, storage of materials, flood-proofing measures and the relationship of such to the location of the channel.
b. A typical valley cross section, showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development and high water information.
c. Plan (surface view), showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; water supply; sanitary facilities; photographs, showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.
d. Profile, showing the slope of the bottom of the channel or flow line of the stream and the 100-year water surface profile.
e. Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials; water supply and sanitary facilities.
f. Elevation in relation to mean sea level of the lowest floor, including basement or crawl space, of all new or substantially improved structures.
g. Elevation in relation to mean sea level to which any nonresidential structures shall be flood-proofed.
h. A certificate from a licensed Colorado Professional Engineer or architect that the nonresidential flood-proofed structure shall meet the flood-proofing criteria of this Code.
(2) Transmit, electronically, the information described in subsection (a) of this section to any agency from which expert technical assistance may be requested in determining whether the proposed use is located in the floodway or flood fringe; in determining the regulatory flood protection elevation; and in evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters.
(3) Based upon this technical evaluation, the floodplain administrator shall determine whether the proposed use is located within the floodway or floodway fringe, determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
(c) Factors upon which decision is based. When reviewing such applications, the floodplain administrator shall consider:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments or erosion damage.
(2) The danger that materials may be swept on to other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, public health, welfare and safety.
(5) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(6) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(7) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(8) The estimated discharge of the regulatory flood which is representative of large floods known to have occurred in this region and which are reasonably characteristic of what can be expected to occur on the particular streams subject to this article; it is in the general order of a flood which could be expected to occur on the average once every 100 years.
(9) The suitability of the particular site's proposed use as determined by:
a. Calculation of water surface elevations based on a hydraulic analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
b. Consumption of the floodway required to convey this flood without increasing flood heights to an extent which would cause upstream or downstream damage to existing or reasonably anticipated future development; computation of increase in flood heights caused by any encroachment is based upon the reasonable assumption there will be an equal degree of encroachment on both sides of the stream within that reach; generally, any increase in flood stages attributable to encroachments on the floodway or any river or stream shall not exceed one-half foot.
(10) The effects of the proposed use upon the public health, welfare and safety, in light of the purposes of this article and the standards established in this article.
(11) Variances shall not be permitted in the regulatory floodway if any increase to the base (100-year) flood elevation shall result.
(d) Conditions attached. Upon consideration of the factors listed in this section and the purpose of this article, the floodplain administrator may require any of the following conditions to the granting of a floodplain development permit:
(1) Modification of waste disposal and water supply facilities.
(2) Limitation on periods of use and operation.
(3) Imposition of operational controls.
(4) Requirements for construction of channel modifications, dikes, levees and other protective measures.
(5) Flood-proofing measures, such as the following, shall be designated consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood; the floodplain administrator may require the applicant submit a plan or document certified by a licensed professional engineer in the State of Colorado who is competent in hydrology and open channel hydraulics that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area; the following flood-proofing measures may be required:
a. Anchorage to resist flotation and lateral movement.
b. Installation of watertight doors, bulkheads and shutters.
c. Reinforcement of walls to resist water pressures.
d. Use of paints, membranes or mortars to reduce seepage of water through walls.
e. Addition of mass or weight to structures to resist flotation.
f. Installation of pumps to lower water levels in structures.
g. Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
h. Pumping facilities for subsurface external foundation wall and basement floor pressures.
i. Construction to resist rupture or collapse caused by water pressure or floating debris.
j. Cutoff valves on sewer lines or the elimination of gravity flow basement drains.
k. Elevation of structures and uses to the regulatory flood protection elevation.
(e) Denial, review. If the application for a floodplain development permit is denied by the floodplain administrator, the applicant may request review of the permit denial to the city manager. Such appeal must be submitted in writing within 30 days of the denial. The decision of the city manager shall be within 60 days from the date of the request for review is received.