In all Special flood hazard areas the following provisions are required for all new construction and substantial improvements:
(a) 
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;
(b) 
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(c) 
All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
(d) 
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;
(e) 
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;
(f) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(g) 
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
(h) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Ord. No. 12-06, § 1, 10-2-12)
In all special flood hazard areas where base flood elevation data has been provided as set forth in: (a) Article III, section 23-6; (b) Article IV, section 23-14(g); or (c) Article V, section 23-20, 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 Article V, section 23-25, 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 Article IV, section 23-15.
(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 community'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 community'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 community'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 Article IV, section 23-15, and the elevation and anchoring requirements for "manufactured homes" in subsection (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 Town of Mt. Crested Butte or a CLOMR was issued by FEMA prior to the effective date of the ordinance codified in this chapter, 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.
(Ord. No. 12-06, § 1, 10-2-12)
Located within the special flood hazard area established in Article III, section 23-6, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(a) 
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 community'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.
(b) 
Nonresidential construction. With the exception of critical facilities, outlined in Article V, section 23-25, all new construction and substantial improvements of nonresidential 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 community's FIRM (at least three feet if no depth number is specified), or together with attendant utility and sanitary facilities be designed so that 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 Article IV, section 23-15, 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.
(Ord. No. 12-06, § 1, 10-2-12)
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 (see definition of floodway in Article II). Located within special flood hazard area established in Article III, section 23-6, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(a) 
Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed 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 community during the occurrence of the base flood discharge.
(b) 
If subsection (a) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V.
(c) 
Under the provisions of 44 CFR Chapter 1, section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a CLOMR and floodway revision through FEMA.
(Ord. No. 12-06, § 1, 10-2-12)
For all proposed developments that alter a watercourse within a special flood hazard area, the following standards apply:
(a) 
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.
(b) 
Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.
(c) 
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.
(d) 
Any stream alteration activity shall be designed and sealed by a registered Colorado professional engineer or certified professional hydrologist.
(e) 
All activities within the regulatory floodplain shall meet all applicable federal, state and Town of Mt. Crested Butte floodplain requirements and regulations.
(f) 
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 community first applies for a CLOMR and floodway revision in accordance with section 23-21 of this article.
(g) 
Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.
(Ord. No. 12-06, § 1, 10-2-12)
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.
(Ord. No. 12-06, § 1, 10-2-12)
(a) 
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.
(b) 
All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of Article III, section 23-7; Article IV, section 23-15; and the provisions of Article V of this chapter.
(c) 
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 five acres, whichever is lesser, if not otherwise provided pursuant to Article III, section 23-6 or Article IV, section 23-14.
(d) 
All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(e) 
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.
(Ord. No. 12-06, § 1, 10-2-12)
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 community at any time before, during and after a flood.
(a) 
Classification of critical facilities. It is the responsibility of the town council and staff to identify and confirm that specific structures in their community meet the following criteria. Critical facilities are classified under the following categories: essential services, hazardous materials, at-risk populations, and vital to restoring normal services:
(1) 
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:
a. 
Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);
b. 
Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors offices, and nonurgent care medical structures that do not provide these functions);
c. 
Designated emergency shelters;
d. 
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);
e. 
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
f. 
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), nonpotable 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 town 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 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 article, 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 town council on an as-needed basis upon request.
(2) 
Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may include:
a. 
Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);
b. 
Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;
c. 
Refineries;
d. 
Hazardous waste storage and disposal sites; and
e. 
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 CFR section 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 CFR section 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 CFR section 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 CFR section 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation of this chapter, but exclude later amendments to or editions of the regulations.
Specific exemptions to this category include:
a.
Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.
b.
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.
c.
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.
(3) 
At-risk population facilities include medical care, congregate care, and schools. These facilities consist of:
a. 
Elder care (nursing homes);
b. 
Congregate care serving 12 or more individuals (day care and assisted living);
c. 
Public and private schools (pre-schools, K-12 schools), before-school and afterschool care serving 12 or more children;
(4) 
Facilities vital to restoring normal services including government operations. These facilities consist of:
a. 
Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);
b. 
Essential structures for public colleges and universities (dormitories, offices, and classrooms only).
These facilities may be exempted if it is demonstrated to the town 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 town council on an as-needed basis upon request.
(b) 
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:
(1) 
Location outside the special flood hazard area; or
(2) 
Elevation or floodproofing of the structure to at least two feet above the base flood elevation.
(c) 
Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the town council, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.
(Ord. No. 12-06, § 1, 10-2-12)