ORDINANCE NO. 2015-06

 

AN ORDINANCE AMENDING FLOODPLAIN DAMAGE PREVENTION REGULATIONS CONCERNING SPECIAL FLOOD HAZARD AREAS.

 

WHEREAS, by Ordinance No. 2013-04 adopted on October 21, 2013, the Board of Trustees of the Town of Keenesburg adopted floodplain damage prevention regulations; and

 

WHEREAS, changes in the Town’s municipal boundaries since the adoption of such regulations has brought within the Town’s municipal limits a small portion of a floodplain, for which the Town’s floodplain regulations need to be revised as set forth herein.

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

 

Section 1.        Section 18-3-70 of the Keenesburg Municipal Code is hereby repealed and re-enacted to read as follows:

 

Sec. 18-3-70    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 Weld County," dated 01/20/2016, 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 ordinance. These Special Flood Hazard Areas identified by the FIS and attendant mapping are the minimum area of applicability of this ordinance and may be supplemented by studies designated and approved by the Town of Keenesburg. 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.

 

Section 2.        If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

 

Section 3.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

 

Section 4.        The repeal or modification of any provision of the Municipal Code of the Town of Keenesburg by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

 

Section 5.        Every person convicted of a violation of the provisions stated or adopted herein shall be punished by a fine as set forth in Section 1-4-20 of the Keenesburg Municipal Code, and each day such violation continues shall be considered a separate offense.

 

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 14th day of December, 2015.

 

 

TOWN OF KEENESBURG, COLORADO

 

 

____________________________________

Danny Kipp, Mayor

 

ATTEST:

 

 

______________________________

Debra L. Chumley, Town Clerk

 

 

 

11/20/2015 3:26 PM [kmk] R:KeenesburgOrdinancesFloodplain Revised.doc