Utilities Projects & Programs Critical Facilities and Mobile Populations Ordinance
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Critical Facilities and Lodging Facilities Ordinance - Frequently Asked Questions (FAQs)
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What is the definition of a "substantial Improvement?" "Substantial improvement" means any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. 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 structure. The term does not, however, include either: 1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions; or, 2) any alteration of a structure listed on the National Register of Historic Places or the Colorado Inventory of Historic Places or designated as an individual landmark under section 9-11-2, "City Council May Designate Or Amend Landmarks and Historic Districts," B.R.C. 1981. What is the definition of "substantial modification?" "Substantial modification" means any expansion or enlargement of a structure that equals or exceeds 50 percent of the floor area of the structure intended for human occupancy, considered cumulatively, commencing July 12, 1978. Do downstream effects need to be considered when placing fill? Only in the floodplain conveyance zone. <Return to the top of the page> Are there emergency sirens in place? There are emergency sirens in place for most city drainageways. What would trigger compliance with the ordinance for a facility with hazardous materials? Compliance would be required for development exceeding 25 percent of the value of the existing building, development requiring a floodplain permit, or within a 10-year implementation window. Has an assessment of the costs of implementing the ordinance been completed? Yes, the cost assessment is included in the "Current Study Results" section of the Critical Facilities Web page. <Return to the top of the page> Can mitigation be done upstream in Boulder Canyon? Changes to Barker Reservoir? The focus for the city is the floodplain within the city limits. A blue ribbon panel looked at alternatives to complete upstream mitigation on Boulder Creek. In order to mitigate for the 100-year flood, substantial modifications would need to be made to Boulder Creek, which would have impacts on the riparian habitat and aesthetics of the creek corridor and would require significant financial investment. Currently, there are no plans to make substantial modifications to Boulder Creek. Are there considerations of doing quick deployment of measures to protect buildings (e.g. sand bagging)? Floods in this area would happen too quickly. Although using automatic flood gates as a floodproofing measure is an option. How is "floodproofing" defined? "Floodproofing" means any combination of structural and nonstructural changes, modifications or adjustments to structures or real property that reduces or eliminates flood damage to improved or unimproved real property, water and sanitary facilities, structures and their contents. <Return to the top of the page> Do critical facilities regulations apply to non-habitable buildings? Critical land uses involving non-habitable buildings are included in the regulation. Is "No Action" (status quo) an option? Yes, City Council will review the draft ordinance and could decide on a “No Action” option. How is a facility determined to contain hazardous materials? Facilities that meet the “Hazardous Material Facility” definition are included. These facilities have been identified and notified. <Return to the top of the page> Under the hazardous materials definition, when would a site recertification be necessary? Recertification would be required for development exceeding 25% of the value of the existing building or development requiring a floodplain permit. What if a critical facility has multiple buildings with different addresses? The regulation is tied to critical land uses located in the 500-year floodplain, not specific building addresses. Who else currently has critical facilities regulations in the 500-year floodplain?
<Return to the top of the page> Last Updated on Wednesday, 08 May 2013 10:28 |
