Docket-15-0004 Proposed Boulder County Land Use Code Text Amendments Floodplain Regulations and related provisions Planning Commission June 15, 2016
Summary of Key Changes • No changes to floodplain maps are proposed at this time. • Clarification of existing regulations to minimize confusion about processes and requirements. • Addition of ‘general’ Floodplain Development Permit to allow lesser review process for some activities. • Addition of restrictions on location of new and expanded critical facilities in the floodplain. • Alignment of floodplain regulations for nonconforming structures and uses with other sections of Land Use code.
Reason for Proposed Changes to Floodplain Regulations • September 2013 Flood impacted lives and physical floodplains. • Staff has been able to interpret existing predictive floodplain mapping , post- flood available data, and associated regulations in an altered floodplain. • However, it is not always efficient for staff or clear to residents which data is controlling and how regulations should be interpreted. • Anticipation of delivery of large amounts of revised floodplain mapping information through Colorado Hazard Mapping Program (CHAMP) beginning in fall 2016, and desire to: • Share that data to support hazard identification and resilient planning , and • Use the data for regulation as ‘Best Available Data’ in a manner that is transparent to residents. September 2016 Oct/Nov 2016 January 2017 • State Delivers • Boulder County • Boulder County Draft and Public Adoption Process Studies/Mapping Review/Outreach Process
National Flood Insurance Program Participation • Boulder County’s participation in FEMA NFIP program: • Residents are guaranteed the ability to purchase flood insurance • Federal government provides assistance after flooding • Unincorporated Boulder County has applied for $40 million in public assistance for infrastructure, could reach $100 million. • $35 million to residents throughout Boulder County for individual assistance • NFIP program requires: • Local floodplain maps of predicted extent of 100-year floodplain – to predict hazard and to determine zone for applicability of floodplain regulations • Local floodplain regulations – to promote resilience • Local floodplain permitting – to review projects for compliance with requirements for development
National Flood Insurance Program Participation
September 2013 Flood Disrupted Lives and Impacted Real- World Floodplain Areas Flood Recovery and Rebuilding requires answering: 1. Is my project in a regulated floodplain area ? • Use predictive floodplain mapping to determine. But the real-world floodplain has changed since the flood…..is there better data? How does better data get used? 2. Is the activity I propose allowed and if so, what constraints are there? • Interpret floodplain regulations to determine allowable activities within predicted flood hazard areas. But the activity I am proposing is not clearly referenced in the floodplain regulations…… 3. Do I need a floodplain development permit and how do I get one? • The existing floodplain regulations require a floodplain development permit for any human disturbance in the regulated floodplain. But the activity I am proposing is really small…..
BOCC September 2015 approval of Docket 15-0004 Staff given permission to draft amendments to LU code that: • Make more transparent the County’s use of Best Available Data • Make the floodplain regulations more user-friendly and more in alignment with other sections of the LU code • Make changes based on lessons learned from September 2013 Flood to amend regulations to better protect the health, safety, and welfare of residents and visitors to Boulder County.
Proposed Changes throughout the Code for Permitting Projects in the Floodplain 1. Designation of Official Maps 2. Floodplain Development Permits 3. General and Individual Floodplain Development Permits 4. Flood Protection Measures 5. Nonconforming Structures and Uses 6. Review, Appeals, Variances, and Enforcement 7. Definitions
1. D Des esign ignatio ion o of Offi ficia ial M l Maps: Use of Best Available Floodplain Data Unchanged: County Engineer authority to use best available data to regulate floodplain development. Proposed Change: Adopt best available data on to ‘County Floodplain’ overlay through a transparent public process. Anticipated Future Application: Adoption of updated floodplain mapping , including maps produced by ongoing State CHAMP remapping program, several years before FEMA final adoption.
Creation of the Boulder County Floodplain allows users to see other data used by Boulder County to administer it’s code requirements Boulder County FO District FEMA Floodplain Floodplain
2. 2. Floodpla lain in D Develo lopment P Per ermit its : Development FEMA regulation: FEMA requires all communities that participate in the NFIP regulate “Development” that occurs within the floodplain. FEMA defines Development as: “ any manmade change to improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations .” Existing code: All “development” in the floodplain requires an individual floodplain development permit.
2. Fl Floodplain in D Develo lopment P Perm ermit its : Is my project allowed in the floodway/ flood fringe? Clarification of : Critical Facilities Include: • Prohibition of construction of additions to existing Police/Fire Stations • Essential Government Facilities • structures in the floodway which increase the structure’s Emergency Medical Facilities • square footage, footprint, or habitable space. Designated Emergency Shelters • Utility and Communication Facilities • • Prohibition of conversion of existing accessory use space Air Transportation Lifelines • Hazardous Materials Facilities • in the floodway to living or principal use space. At-Risk Populations • Elder Care • • Permitting requirements for when a project is proposed Congregate Care • Public/Private K-12 for an area with either a County designated floodway or • College Dorms, Classrooms • no floodway designated. New: • Prohibition of new and expanded critical facilities below 6,000 ft elevation in both floodway and flood fringe.
3. G Gener eneral and I Individual al Floodplai ain D Development Permits ts (FD (FDP) More Efficient Floodplain Permitting Existing code: Uses/Activities that may be covered by the General FDP* All development in the floodplain requires an individual FDP. At-grade driveways, sidewalks, roads • Road/Trail maintenance and repairs • Underground and overhead utilities Proposed code: • Storm drainage system repairs • • Activities in floodplain are either covered by the general and maintenance In-kind replacement of storm FDP or need to apply for an individual FDP. • drainage system infrastructure • General FDP is for development that pose minimal or no Debris removal • Mailboxes, telephone poles impact and can be covered by general conditions (some • Farming, Pasture • utility infrastructure, minor road activities, on grade Gardening, landscaping • pathways, certain maintenance activities). • Some general FDP categories require applicant to notify the County floodplain team, some activities do not require such notification. • Applicant must still get all other necessary permits. *Details and limitations are specified in 4-407
4. Flood P Protection M Measures: Clarification of requirements for flood protection related to improvements: • Existing vs new construction (Exemptions for health and safety related improvements) • Residential vs. non-residential structures (Non-residential can be ‘dry floodproofed’ ) • Floodway vs . Non-floodway sites • Historic structures (Local historic designation is sufficient for automatic floodplain variance)
4. Flood ood P Protection M Measures ( (con’t ’t): Clarification of requirements for floodplain siting of: • Propane tanks (outside of floodplain if practicable) • On-site wastewater treatment systems (outside of floodplain if practicable) New: • Protocol for evaluation of alternatives for Substantially- Damaged/Substantially-Improved structures in the floodway.
Propane/Fuel Storage Tanks (Example) NFIP Minimum Requirement: Communities must require that fuel systems (as well as all other building utilities and service equipment) be designed or located such that floodwaters cannot enter or accumulate within any system components, and must be designed to resist the effects of hydrostatic and hydrodynamic forces. General guidance is provided in FEMA P-348, Protecting Building Utilities From Flood Damage, dated November 1999. Boulder County Proposed Code: Placement is prohibited in the FO District, • where practicable Where placement in the FO District cannot • be avoided: Above-ground tanks must be elevated and • anchored Below-ground tanks must be anchored •
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