Ordinance Number 138

Ordinance to supersede ordinance number 13 to provide certain requirements which must be net before a building permit is issued and to outline certain requirements governing the design and installation of water sewage systems; to provide for and created the office of Town building permit agent and the appointment of such agent to provide for penal ties for the violation hereof and declaring an emergency. 

Whereas, the Mayor and Board of Aldermen of the Town of Deer Trail, Colorado finds it necessary. to provide that building construction and installation of water and sewerage systems comply with the requirements of the Federal program of flood insurance; and,

Whereas, the Mayor and Board of Aldermen of the Town of Deer Trail desires to put into effect such compliance; Now,

Therefore, be it ordained by the mayor and board of aldermen of the Town of Deer Trail, as follows.

Section 1

A building permit shall be issued by the Town of Deer Trail, only after the Town Building permit Agent has determined that the proposed building site is reasonably safe from flooding; or if a flood hazard exists, any pro -Posed new construction or substantial improvement (including prefabricated and mobile homes) must:

  1. be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure.
  2. use construction materials and utility equipment that are resistant to flood damage; and
  3. use construction methods and practices that will minimize flood damage.

Section 2

No person, firm, corporation, partnership association or any other legal entity shall construct or cause to be - constructed any structure Or Substantial improvement to any structure (residential, industrial, commercial or otherwise) without first obtaining a permit to construct same from the Town Building permit agent of the Town of Deer Trail, which said office is hereby created and shall be filled by appointment by this body.

Section 3

Proposed subdivisions and land use areas shall be reviewed to assure that a) all proposals for construction provide for methods to minimize flood damage, b) all public utilities and facilities such as sewerage, gas, electrical service and water systems are located and constructed to minimize or eliminate flood damage.

Section 4

All new or replacement water Supply systems and/or sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems/and discharges from the systems into the flood waters.

Section 5

Whoever undertakes construction of a structure without first obtaining a permit as provided for herein shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $15.00 nor more than $50.00.

Section 6

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 7

If any provision of this ordinance be declared invalid or unconstitutional, such declaration shall not affect the remaining portions of this ordinance.

Section 8

An emergency exists due to the need to preserve the public health, Safety and welfare, that this ordinance become effective immediately upon its passage. Ordinance was read and considered section by section and as a whole and was adopted by vote: YES: 5- NAYS: 6 ABSENT

I hereby certify that the above and foregoing is a true and correct copy of the above and foregoing ordinance and the vote thereon, all at a special meeting of the Mayor and Board of Aldermen of the Town of Deer Trail, at a special meeting of said body dilly called and held at the Town Hall, meeting of said body duly called and held at the Town Hall, Deer Trail, Colorado, on this 7th day of October, 1975

Attest: Vera L. Norris, Clerk

James V. Rossi, Mayor