Chapter 14.20


14.20.010    Designation of the floodplain administrator.

14.20.020    Nonconforming uses.

14.20.030    Establishment of floodplain use permit.

14.20.010 Designation of the floodplain administrator.

The town engineer or his/her designee is hereby appointed to administer, implement and enforce this title by granting or denying floodplain use permits in accordance with its provisions. Duties of the floodplain administrator shall include, but not be limited to:

A. Review all development permits to determine that:

1. The permit requirements of this title have been satisfied;

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding;

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this title, “adversely affects” means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one-tenth of a foot at any point located off of the property which is to be occupied by the anticipated development.

B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with STC 14.15.020, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Chapter 14.25 STC. Any such information shall be consistent with the requirements of FEMA and the Director of Water Resources and shall be submitted to the floodplain board for adoption.

C. Whenever a regulatory floodplain is to be altered or relocated:

1. Notify adjacent communities and ADWR prior to such alteration or relocation of a watercourse, and submit evidence of such notification to FEMA through appropriate notification means; and

2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.

D. Advise any appropriate adjacent jurisdictions having responsibility for floodplain management in writing and provide a copy of a development plan of all applications for floodplain use permits or floodplain variances to develop land in a floodplain or floodway within one mile of the corporate limits of the town. Also, advise the jurisdictions in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway, which could affect floodplains, floodways or watercourses within the district’s area of jurisdiction. Written notice and a copy of the plan of development shall be sent to the district no later than three working days after having received a complete application by the town.

E. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 14.30 STC.

F. Take actions on violations of this title as required in STC 14.15.100.

G. Notify FEMA and ADWR of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.

H. Within 120 days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the Director of Water Resources.

I. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the FEMA administrator of the changes by submitting technical or scientific data in accordance with 44 C.F.R. Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

J. Obtain and maintain for public inspection the following:

1. The certified regulatory flood elevation required in STC 14.25.010(C)(1);

2. The Zone AO certification required in STC 14.25.010(C)(2);

3. The floodproofing certification required in STC 14.25.010(C);

4. The flood vent certification required in STC 14.25.010(C);

5. The elevation certification required for additional development standards, including subdivisions, in STC 14.25.040;

6. The floodway encroachment certification required in STC 14.25.090;

7. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency; and

8. Obtain and maintain improvement calculations. [Ord. 2020-147 § 4; Ord. 2011-059 § 4.]

14.20.020 Nonconforming uses.

Improvements to nonconforming uses, repairs, reconstruction, or improvements to existing nonconforming uses may only be permitted; provided, that:

A. The improvements, repairs or reconstruction do not:

1. Increase water surface elevations if located in floodway areas;

2. Encroach greater than the limits provided in STC 14.25.010 if located in floodway fringe areas;

3. Encroach further into an erosion hazard area. [Ord. 2020-147 § 4; Ord. 2011-059 § 4.]

14.20.030 Establishment of floodplain use permit.

A. A floodplain use permit shall be obtained before construction or development begins, including placement of manufactured homes, upon any land to which this title applies as defined in STC 14.15.010.

B. Application for a floodplain use permit shall be made on forms furnished by the floodplain administrator and include, but not be limited to:

1. Plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question with contour lines at minimum one-foot intervals;

2. Datum used for plan and structures with conversion factor between NGVD and NAVD;

3. Existing or proposed structures;

4. Fill;

5. Storage of materials;

6. Drainage facilities;

7. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of existing highest adjacent natural grade and proposed elevation of lowest floor of all structures;

8. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed;

9. Certification by an Arizona registered professional civil engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in STC 14.25.010(C)(5);

10. Require base flood elevation data for subdivisions and other developments greater than 50 lots or five acres, whichever is the lesser;

11. Information requested by the floodplain administrator as found on the site plan checklist used for the purpose of floodplain management;

12. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

13. Items required or permitted as part of State Standard SS6-05 (Development of Single Family Homes in Floodplain).

C. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flooding and lateral erosion and will not otherwise aggravate existing conditions. If a proposed development is found to be in the path of flooding, lateral erosion or would aggravate existing conditions, improvements shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing conditions.

D. Applicants for floodplain use permits shall pay a fee in accordance with the adopted town fee schedule set forth in Chapter 3.10 STC.

E. Conditions and restrictions shall apply to all floodplain use permits as administered by the floodplain administrator.

F. No permit shall be issued for any development which is not in conformance with this title or any other provision of law relating to such development. A floodplain use permit may be denied if the proposed development constitutes a danger or hazard to life or property. In making such a determination, the floodplain administrator may consider the following factors, which are not all-inclusive:

1. The danger to life, person, or property due to increased flood heights, velocities, or redirection of flow caused by the development;

2. The danger that materials may be swept onto other lands or downstream to the injury of others;

3. The proposed water supply or sanitation systems of any development and the ability of these systems to prevent disease, contamination and unsanitary conditions if they should become flooded or eroded;

4. The susceptibility of the proposed development and/or its contents to flood damage and the effect of such damage on the individual owners;

5. The use of anchoring to prevent flotation, collapse or lateral movement of the structure or other improvement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

6. The availability of alternative locations for the proposed use on the same property which are in areas not subject to flooding or erosion;

7. The compatibility of the proposed use with existing regulatory floodplain uses and with floodplain management programs anticipated in the foreseeable future;

8. The relationship of the proposed use to any comprehensive plan and floodplain management program for the area;

9. All-weather access to the property;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site under both existing and proposed conditions;

11. Documentation that all necessary permits have been obtained from state and federal agencies; and

12. Such other factors which are relevant to the purposes of this title. [Ord. 2020-147 § 4; Ord. 2011-059 § 4.]