Critical Facilities and Lodging Facilities Ordinance

Recent and historical floods have demonstrated that flooding of critical infrastructure (such a hospitals or wastewater treatment plants) disrupts needed services, increases costs and delays the economic recovery of a community. Additionally, life safety issues increase during flooding if facility occupants are unprepared and unaware of the best ways to respond. Due to Boulder's significant flood risk and to ensure that crucial services remain available and life safety issues are addressed during a flood, the city is developing a potential critical facilities and lodging facilities ordinance (Draft March 8, 2013).

In 2011, a previous version of this ordinance was introduced that included some emergency plan requirements for "mobile populations" facilities (like restaurants, theaters, etc.). These requirements were removed from the most recent draft. Staff is no longer recommending a requirement for mobile populations facilities.

Critical facilities and lodging facilities include:
• at-risk populations such as schools, day cares, senior care facilities, and mobile populations;
• essential services such as fire stations, police stations, and water and wastewater treatment facilities;
• hazardous materials facilities; and
• lodging facilities such as hotels, bed and breakfasts, and dormitories.

General Definitions of Key Terms (from pages 22 to 31 of the March 8, 2013 draft ordinance).

Background

The Comprehensive Flood and Stormwater Master Plan calls for the development of flood protection standards for critical facilities located in city's floodplains, consistent with federal guidance. The plan also states that existing floodplain regulations should be periodically reviewed and updated to reflect changing community needs and to reduce risks to people, property and the environment.

The city's Multi-Hazard Mitigation Plan calls for an ordinance to regulate new construction and improvements for critical facilities in the city's floodplains in order to protect these facilities from potential flood losses and damages that could render them unusable during an emergency.

The National Flood Insurance Program's Community Rating System provides guidance to help local governments determine what land uses are critical and should be protected from flood damage.

Using these federal guidelines, three management strategies were developed and presented to the community for feedback. Based on the input received, city staff is recommending the following management strategy as part of the proposed critical facilities ordinance.

Recommended Management Strategy

Flood protection measures for at-risk populations, essential services and hazardous materials facilities (not including lodging facilities).

• In the 500-year floodplain, flood protection measures would include floodproofing or elevating buildings, or containing hazardous materials to prevent their release into floodwaters.
  • Flood protection measures would be implemented for substantial improvements or modifications, building additions, or new construction for at-risk populations and essential services.
  • Flood protection measures would be implemented for modifications exceeding 25 percent of the value of existing building, work requiring a floodplain permit, construction of new facilities, or within 10 years for hazardous materials facilities.

Emergency management plans for at-risk populations, essential services, hazardous materials facilities and lodging facilities.

• In the 500- and 100-year floodplains, emergency management plans, including either a shelter-in-place or evacuation plan that is available to facility patrons, would be required.
  • Emergency management plans would be implemented for modifications requiring a floodplain permit, floor area additions, substantial improvements, new construction or within 10 years.

Emergency Plan Development Guidelines

Current Study Results

To date, the city has identified approximately 80 facilities that could be required to implement emergency management plans. Of those 80 facilities, approximately 40 critical facilities have been identified that could be required to implement flood protection measures.

City staff has been working with local community groups, potentially-impacted facility managers and the Boulder Chamber of Commerce to inform and engage the public about the proposed ordinance. Analysis of economic impacts.

Please note: The draft ordinance and analysis of economic impacts may change due to ongoing input received from the community, city boards and City Council. The ordinance and analysis of economic impacts will be updated as new information becomes available.

Based on questions staff has received, a list of frequently asked questions is available.

Meetings

City staff will request a recommendation on the draft Critical Facilities and Lodging Facilities Ordinance.

*All meeting dates are subject to change. To receive email updates about this project: select "Stormwater and Flood Management" from the drop-down menu under "Utilities/Water."

Past Meetings

Water Resources Advisory Board (WRAB) Public Hearing - March 18, 2013
The WRAB voted to recommend approval of the ordinance. March 18 WRAB memo.

Water Resources Advisory Board (WRAB) Public Hearing - Dec. 17, 2012
City staff presented an update on the draft Critical Facilities and Lodging Facilities Ordinance.

City Council Meeting - Cancelled
City Council decided to remove this item from the agenda to make it a public hearing item instead. 

•  Memo to City Council from city staff
•  Proposed Ordinance
•  Floodplain Map
•  WRAB and Open House feedback with staff response
•  Cost Analysis
•  Recent updates to the proposed ordinance
•  Matrix of Options 

Planning Board Public Hearing - Aug. 4, 2011
The proposed ordinance was presented to the public and the Planning Board. The Planning Board voted unanimously to recommend approval of the ordinance.

Water Resources Advisory Board (WRAB) Public Hearing - March 28, 2011
The WRAB voted 5-0 to recommend approval of the ordinance.

Water Resources Advisory Board (WRAB) Public Hearing - Jan. 20, 2011
The proposed ordinance was presented to the public and the WRAB.

Public Hearing Informational Open House - Aug. 24, 2010
City staff gave a brief presentation about the ordinance options and answered questions. The open house was for those who use, maintain, own or operate critical facilities that may be affected by the proposed ordinance.

Contact Information

The city appreciates your continued involvement in the public process and development of the proposed critical facilities mobile populations ordinance. We welcome your feedback and questions.

To sign up for email updates about the project, visit the City of Boulder Email Lists page and select "Stormwater and Flood Management." 

For more information, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Engineering Project Manager, at 303-441-4077.

Last Updated on Wednesday, 08 May 2013 10:28