ARTICLE V. ADMINISTRATION

SECTION 5.1 FLOODPLAIN ADMINISTRATOR

1.  The Pinal County Engineer or his designee is hereby appointed to administer, implement and enforce this ordinance by granting or denying development permits in accordance with its provisions.

2.  Violators of any provision of this Ordinance shall be notified by the Floodplain Administrator who shall state the nature of the violation and order corrective action.

3.  Failure to comply with ordered corrective action may result in submission of a declaration for denial of flood insurance for otherwise insurable structures to the Administrator of the Federal Insurance Administration pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended.

4.  Failure to appeal the order of the Floodplain Administrator within the time period set forth in Section 6.2 shall render the order of the Floodplain Administrator final and enforceable as provided in Article XVI of this Regulation.

SECTION 5.2 FLOODPLAIN USE PERMIT

1.  A Floodplain Use Permit shall be obtained prior to commencing any proposed addition, alteration or change of any building, structure, land or other use within a delineated flood plain, except as exempted by applicable law and within the unincorporated county when a watercourse or contributing watershed has flows greater than 200 cfs (cubic feet per second) during a 100-year flood event unless a Drainage Clearance has been issued.

2.  The Floodplain Administrator may place a time limit and any other conditions or restrictions designed to reduce or eliminate potential hazards to life or property.

3.  The applicant may be required to execute deed restrictions running with the land or to post performance bonds, assurances or other security to guarantee the performance of the conditions and restrictions imposed.

4.  The applicant shall submit any information the Floodplain Administrator considered necessary in making determinations required by this Regulation. The applicant may also be required to provide certification that all requirements of the Floodplain Use Permit have been met.

5.  Floodplain Use Permits for improvements, modifications, or additions to existing buildings is counted cumulatively for at least five (5) years and reconstruction and repairs to damaged buildings is counted cumulatively for at least five (5) years. When the improvements, modifications, additions, reconstruction or repairs reach the 50% substantial improvement threshold, the structure must be brought into compliance.

SECTION 5.3 APPLICATIONS TO FEMA REQUIRING COMMUNITY SIGNATURE

Any applications to FEMA that require the signature of the Community Official, such as applications for Letter of Map revision (LOMR) and Conditional Letter of Map Revision (CLOMR), shall be submitted to the Floodplain Administrator for review. They shall then be recommended by the Floodplain Administrator for approval or denial to the Board of Directors. If approved, the Chair of the Board shall sign as the Community Official on behalf of Pinal County Flood Control District.

SECTION 5.4 ELEVATION/ FLOODPROOFING CERTIFICATE

An Elevation/Floodproofing Certificate by an Arizona Registered Professional Engineer, or Land Surveyor shall be submitted in a form acceptable to the Floodplain Administrator prior to occupancy or use of any building within a flood hazard zone designated on the Flood Management Maps, except those uses exempted by applicable law.

The required Elevation Certificate within a Zone AO may be completed by District Staff as approved by the Floodplain Administrator.

The Floodplain Administrator shall maintain a record of all Elevation and Floodproofing Certificates and may record such certification with the office of the Pinal County Recorder in a manner so that it appears in the chain of title of the affected parcel of land.

SECTION 5.5 COORDINATION

1.  The Board and the Floodplain Administrator shall coordinate the provisions of this Regulation with all other interested and affected political subdivisions, federal and state agencies, as required by A.R.S §§48-3609 and 48-3610.

2.  The Floodplain Administrator shall review proposed development to assure that all other permits required by state and federal laws have been obtained for such development prior to issuance of any clearances, permits or variances authorized by state statute or this Ordinance.

SECTION 5.6 STATUTORY EXEMPTIONS

1.  In accordance with A.R.S. § 48-3609, unless expressly provided, this and any regulation adopted pursuant to this article do not affect:

A.  Existing legal uses of property or the right to continuation of such legal use. However, if a legal nonconforming use of land or a building or structure is discontinued for twelve months, or destroyed to the extent of fifty percent of its value as determined by a competent appraiser, any further use shall comply with this article and regulations of Pinal County;

B.  Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984, or on the date any regulations affecting such property takes effect, except that any alteration, addition, rehabilitation or repair to a legal nonconforming building or structure regardless of the cost as determined by a licensed contractor of the work performed which would result in increasing its flood damage potential by fifty percent or more of the value of such building or structure prior to alteration, addition, rehabilitation or repair as determined by a competent appraiser shall be either floodproofed or elevated to or above the regulatory flood elevation;

C.  Reasonable repair of structures constructed with the written authorization required by A.R.S. § 48-3613; and

D.  Facilities constructed or installed pursuant to a Certificate of Environmental Compatibility issued pursuant to A.R.S. Title 40, Chapter 2, Article 6.2 of the Arizona Revised Statutes.

2.  In accordance with A.R.S §48-3613, written authorization shall not be required, nor shall the Board prohibit the following except that before any construction authorized by this subsection may begin, the person shall submit plans for the construction to the Floodplain Administrator for review and comment.

A.  The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, roads and streets intersecting or crossing a watercourse;

B.  Construction of dams for the conservation of flood waters as permitted by Title 45, Chapter 6 of the Arizona Revised Statutes and construction of storage dams for watering livestock or wildlife, structures on banks of a watercourse to prevent erosion of or damage to adjoining land if the structure will not divert, retard or obstruct the natural channel of the watercourse or dams for the conservation of floodwaters as permitted by A.R.S. Title 45, Chapter 6;

C.  Construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This paragraph does not exempt those sand and gravel operations that shall divert, retard or obstruct the flow of waters in any watercourse from complying with and acquiring authorization from the floodplain board pursuant to regulations adopted by the floodplain board under this article;

D.  Any political subdivision from exercising powers granted to it under A.R.S. Title 48, Chapter 18, Article 10;

E.  Construction of streams, waterways, lakes and other auxiliary facilities in conjunction with development of public parks and recreation facilities by a public agency or political subdivision; and

F.  Construction and erection of poles, towers, foundations, support structures, guy wires and other facilities related to power transmission as constructed by any utility whether a public service corporation or a political subdivision.

3.  In addition to the statutory exemptions, any other use or development within the jurisdiction of this Regulation as may be determined by the Floodplain Administrator to be exempt if the applicant for the exemption satisfies the Floodplain Administrator that such use is not prohibited by any other regulation, code or ordinance, and has a low flood damage potential, shall not cause a change in watercourse mechanics including but not limited to obstruction, diversion or other changes detrimental to the natural flow of water and shall not cause a hazard to life or property.

SECTION 5.7 FLOODPLAIN CLEARANCE.

Before any construction authorized under Section 5.6 may begin, the person shall submit plans for construction to the Floodplain Administrator for review and comment and to determine whether a floodplain clearance or any of the exemptions set forth in this Section are applicable. A Floodplain Clearance may be issued for the review of plans to determine that structures are located outside the floodplain and the erosion control zone; or for other incidental uses not requiring a Floodplain Use Permit.

SECTION 5.8 PERSONAL LIABILITY.

The exemptions contained in Section 5.6 do not relieve any person from liability if that person’s actions cause flood damage to any other person or property.