ARTICLE IX. FLOODWAY

SECTION 9.1 FLOODPLAIN USE PERMIT.

All new uses or substantial improvements to existing structures within a floodway (A1-30 and AE Zones) not exempt from this Regulation require a Floodplain Use Permit issued by the Floodplain Administrator and are subject to the provisions of Section 9.2. Issuance of a Floodplain Use Permit does not exempt the holder of the Floodplain Use Permit from any additional requirements necessary to obtain flood insurance.

Uses for which a Floodplain Use Permit may be granted are:

1.  Operations for extraction of sand, gravel and other materials.

2.  Marinas, boat rentals, docks, piers and wharves.

3.  Railroads, privately owned and maintained streets, bridges, utility transmission lines and pipelines.

4.  Stockyards, and corrals.

5.  Private and public recreational uses including, but not limited to, golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, wildlife and nature preserves, game farms, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

6.  Agricultural uses including, but not limited to, general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, sod farming, and wild crop harvesting.

7.  Industrial-commercial uses including, but not limited to, loading areas, airport landing strips, and parking areas.

8.  Accessory residential uses including, but not limited to, lawns, gardens, parking areas and play areas.

9.  Other uses similar in nature to uses described in this section which are consistent with the standards set forth in Section 9.2.

SECTION 9.2. FLOODWAY DEVELOPMENT STANDARDS

No structure, excavation or fill material (including fill material for private roads, dikes, and levees per ARS §48-3613(B)(1)), deposit, obstruction, storage of material or equipment or other uses shall be permitted which alone or in combination with existing or future uses, in the opinion of the Floodplain Administrator, would cause an increase in the base flood elevations or flood damage potential. The following Floodway Development standards apply:

1.  Septic systems, whether public or privately owned, shall not be located wholly or partially within a Floodway.

2.  In accordance with A.R.S §49-767(B)(2) solid waste landfills or any part of such facility, whether public or privately owned, shall not be located wholly or partially within a Floodway or within one-half mile of a one hundred year floodplain that has one hundred year flows in excess of twenty-five thousand cubic feet per second, as determined by the Federal Emergency Management Agency.

3.  Any fill material proposed in the Floodway must be shown by the applicant to have no detrimental effect on the purposes of this Regulation. The amount of fill material shall not be greater than is necessary to achieve the purpose for which it is intended as demonstrated by a plan submitted by the applicant indicating the uses to which the filled land will be put the final dimensions, and the extent of the proposed fill material. Such fill material shall not include junk, trash, tires, garbage, wood or other buoyant materials, nor hazardous, toxic or deleterious materials, and shall be protected against scour and erosion.

4.  Structures and uses permitted within the Floodway shall not include buildings and shall have a low flood damage potential, shall be located so as to minimize obstruction to flood flows with any utilities floodproofed, and shall not be designed or utilized for human habitation.

5.  The processing or the outside storage of materials and equipment may be permitted if flooding would cause minimal damage to the material or equipment and such material or equipment is either non-buoyant or firmly anchored or located so as to prevent floatation or is maintained in a readily transportable condition so as to be readily removed from the area within the time available after flood warning.

6.  In order to control erosion and preserve the natural and beneficial functions of the floodplain, removal of vegetation shall be the minimum necessary for development.

7.  Sand and Gravel Extraction.

a.  A Floodplain Use Permit for the extraction of sand and gravel or other materials within the Floodway shall be granted if the applicant shows that excavations shall not have cumulative adverse impact nor be of such depth, width, length, or location as to present a hazard to life or property or to the watercourse in which they are located and that they shall comply with any applicable Watercourse Master Plan adopted by the Board of Directors.

b.  Excavations shall not be permitted so close to any floodway crossings, utility structures or facilities as to cause or have the potential to cause an adverse effect on such crossings, utilities or similar facilities.

c.  No stockpiling of tailings, overburden or sand and gravel which may obstruct, divert or retard the natural flow of water shall be permitted, except as approved by the Floodplain Administrator in a Floodplain Use Permit.

c.  A plan of development shall be submitted with an application for a Floodplain Use Permit to the Floodplain Administrator. The Floodplain Administrator shall determine whether an engineered plan shall be required and whether a sediment transport analysis is necessary.

d.  The plan of development shall be required to include a plan of reclamation to leave the land when the approved use is terminated in such a condition as to maintain stability of the floodway by backfilling, contouring, leveling, removal of equipment and materials or other appropriate means.

f.  Any significant change, as determined by the Floodplain Administrator, in a previously approved plan of development shall require an application to amend the approved plan of development.

g.  In order to control erosion and preserve the natural and beneficial functions of the floodplain, removal of vegetation shall be the minimum necessary for the development.

h.  The plan of development is subject to post-flood review and possible modification if necessary due to flood related changes in river morphology.

i.  Erosion setbacks shall meet Arizona State Standards or as determined by the Floodplain Administrator.