Loading...
HomeMy WebLinkAboutOrdinance 87.02 Rescinding Ordinance 84.07 and adopting a new floodplain management ordinance ORDINANCE NO. 87.02 AN ORDINANCE RESCINDING ORDINANCE 84.07 AND ADOPTING A NEW FLOOD PLAIN MANAGEMENT ORDINANCE FOR THE TOWN OF MARANA WHEREAS the Town of Marana did enact that certain Ordinance No. 84.07 by action of the Town Council on July 9, 1984; and WHEREAS substantial changes to the Flood Plain Management Or- dinance have been recommended by the Federal Emergency Management Agency and the Arizona Department of Water Resources; and WHEREAS the Town Council of the Town of Marana, Arizona has determined that adoption of the Model Flood Damage Prevention Or- dinance would be in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Marana, Arizona that Ordinance Number 84.07 is hereby rescinded. IT IS FURTHER ORDAINED that the Flood Damage Prevention Or- dinance for the Town of Marana, as approved by the Marana Town Council on March 3, 1987, be and the same is hereby adopted by this Ordinance as the Town's Flood Plain Management Ordinance. WHEREAS the immediate operation of this Ordinance is necessary for the efficient administration and operation of the Town in its development, an emergency is hereby declared to exist, and this Or- dinance shall be in full force and effect from and after its passage, adoption and approval by the Town Council of the Town of Marana. PASSED AND ADOPTED by the Town Council of the Town of Mararia, Arizona this 3rd day of March , 1987. ATTEST: Town Ct~rk :' APPROVED AS TO FORM: FLOOD DAM~d~t:' PREVENTION ORDXNGU~CE ~CT~ON STATUTORY AUTHORIZ¢ITION~ FINDIN65 OF FACT~ PURPOSE liND 1.1 BTATUTORY AUTHORIZATION. The Legislature of the State of Arizona has in A.R.S. §48-3610 enabled the ....... _T~ .... to adopt regulations in conformance with A.R.S. §48-3601 ET. Seq. designed topromote:the public heall safety, and general welfare of its citizenry. Therefore, the Town Council of Mararia ~ Arizona, does ordain as follows: FINDINGS OF FACT A. The flood hazard areas of __M_a_r_a_n_a ...... are sub3ect to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public health, safety, arid general welfare, ar.d to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1 A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public~ D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To insure that potential buyers are notified that property is in an area of special flood hazard; H. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions and I. To malt, rain eligibility for State disaster relief. 1o4 this METHODS O~ REI]~IN~ FLOOD LOSSES. In order to accomplish its purposes, ordinance includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health~ safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, strea~ channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling fillir, g~ grading, dredging, and other development which may increase flood damage; and, E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION E.O I)EFINITII)NS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. _=_~___a_l_= means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request fo~' a variance. _=e_~__a__o_f__s_h_a!!_o~___f!__c~_i~;_" means a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. ~__B_a_s_e__f!_o~__'_' means the flood havir~g a or~e percent chance of being equalled or exceeded in any giver, year. _~_B_~_~_a~,~__W_a!i~ mear~s a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated port ion of the building supporting foundat ion system. _~_~_it_i_~_a_l__~_e_at__~_~_e_~ means an integral and readily identifiable part of a flood protection system without which the flood protection provided by the entire system would be compror~ised. _=_I~__v_e!_o~_m~__~_'_' means any r~an-made change to improved or ur, improved real estate, including but not limited to buildings or other structures; mining, dpedging~ filling, grading, paving, excavation or drilling ope~'ations located within the area of special flood hazard. _=_F_t_zt_a_~_c!_a!__a_s_s_is_t_~_r~;__e_" means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to States. means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid accur~ulat ion or runoff of surface waters from any source, and/or (3) the collapse ¢,r subsidence ¢,f land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding ar~ticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of watery accompanied by a severe storm, oe by an unanti~ipated force of nature, such as flash flood or an abnormal tidal sup~e~ op by so~e similarly unusual and unforeseeable event which results i~ flooding as defined in this definition. ~!~_~_~!~_~ ~eans the official ~ap on which the Federal Insurance Administration has delineated both the aeeas of flood hazard and the floodway. ~-~~-~-~-~!~ means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. ~!~_~~_~ means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. ~!~g~!~_~_~!~~_~ means any land area susceptible to being inundated by water from any source <see definition of "flooding"). "F!~p!~p_~-~D~.~D~ means the Planning and ZoningAdministrator of Mara w~o is hereby authorized by the Floodplain Board to administer the:, provisions of this ordinance. ~~_~ meanm Bh~ __=~ ...... gou.~il of Marana _~ times as they are ~ngaged in the enforcement of this ordinance. means the operatic, r, c.f an overall program of corrective and prayer, rive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control ~orks and floodplain ,~anagement regulat ions. ~~!~_~~_~~] means zoning ordlr, ances, subdivision regulations, building codes, health regulatior, s, special purpose ordinances {such as floodplair~ ordinar~ce, grading ordinar, ce and erosion control ordinance) and other appl icat ior, s of poi i~e power. The ter~ ~escribes such state or local regulations ir~ any combinatior, thereof, which provide standards for the purpose c,f flood da~,~age prevent ion and reduction. '__~_l_o~_d__~_~t__e~_t__i_o_~__s~_st__e~_~ means those physical structural works for which funds have beer, authorized, appropriated, and expended and which have been constructed specifically to ~odify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes da~s, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. ~!~_~B~ ~eans any combination of structural and non-structural additions, changes, or adjust~,~ents to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. ~!~3~!~_~!~'~ means the collapse or subsidence of land along the shore of a lake or other body of water as a result of under~ining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by mr, urnusually high water level in a natural body of water, accompanied by a severe stor~,~, or by an unanticipated force of nature, such as a flash flood or an abr~orr~al tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. ~.~ means the channel of a river or other watercourse and the adjacent land areas necessary in order to discharge the one hundred-year flood without cumulatively increasing the water surface elevation. ~~!~_~D~_~ means a use which cannot perform its intended purpose unless it is located or carried out in close proxi~nity to water. The tep~ includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include Iong-ter~ storage or related manufacturing facilities. ~ff!Bb~_~J~_B~ means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. ~ means a ~an-made structure, usually an earther, embankment, designed and constructed in a~cordance with sound engineerir~g practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. ~_~ means a flood prc, tection system which consists of a levee, or levees, and associated structupes~ s~_~ch as closure arid drainage devices, which are constructed and operated in accordance with sound engineering pratt ices. _~_~__e~_~___f!_o~__~_~ means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure~ usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; ~¥1d~, that such er~closure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. _~_Ma__~_~_f_a_~__~__~__h__o_m_e_~ means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with o~~ without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. _~_~_a_~¥_f_a_~_t_~_~_~___h_o_m_e_~_a_~_~_~_~i¥!~!~ means a parcel (or contiguous parcels) of land divided into two or ~ore manufactured ho~e lots for sale or rent. r~ear~s, fo~~ pu~poses of the Natic, nal Flood Insurance Prograf~, the Natior~al Geodetic Vertical Datum (NGVD) of 19~9 or other datum, to which base flood elevations shown on a co~munity's Flood Insurance Rate Map are referenced. _=__~___~_o_~_st__~_~_~t_i_o_~'_~ means~ for floodplair~ manage~ent purposes, structures for which the "start of construction": commenoed on or after the effective date of a floodplain ~anagement regulation adopted by a cof~munity. _~_~__~__o_~_~ means an individual or his agent~ firm~ partnership, association or corporation, or agent of the aforemer~tioned groups, or this state or its agencies or political subdivisions. _~_~_~_!i_~_a_~_~ means the Nat ional ~lood Insurance Progra~ authorized by 4~ U.S. C. 4001-41~G. _~e_~_lI_~_a_m_~__~_f_i_~_i_e_~_~_~ ~eans a defect in a co~unity's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of t~e NFIP standards. _~_~!_a~_~_~_~i_o._~___~!_e¥~t__i_o_~_~ ~ear~s an elevation or~e foot above the base flood eievat ion. _~_e_m~__l~.__~__~_i_oi_~t__i_o_~_~ Means to bring the structure or other development into compliance with State or local floodplain ManageMent regulations, or~ if this is not possible~ to reduce the impacts of its noncoMpliance. Ways that impacts May be reduced include protecting the structure or other affected development frown flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations~ or reducing Federal financial exposure with regard to the structure or other deve 1 opment. _~_~i_v_e_~_i_~_e_~ Means relating to, foraged by, or resembling a river (including tributaries)~ streaM, brook, etc. _~_~ _~_!_a!__f!_o~_d__~__a_z_a_~2~_~.__a_~__a_' Means an area having special flood or flood- related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99 or AH. _~_St__a_~___o_f__~__~_st__~_~_~t_i~_~_~ includes substantial iMproveMent, and Means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, place~ent, or other iMproveMent was within 180 days of the permafit date. The actual start Means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placeMer, t of a Manufactured home on a foundation. PerManent construction does not ir~clude land preparation, such as clearing, grading arid filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary for~,~s; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the Main structure. _~_~t__~_~_~t__~_~_e_~ means a walled and roofed building, including a gas or liquid ~torage tank, that is principally above ground, as well as a ~,~anufactured home. _~_~¥_b~_t__a_~t_i_a!__i_~_~_o_v_e_.~_~ Means any repair, reconstruction, or i~proveMent of a structure, the cost of which equals or exceeds 50 percent of the Market value of the structure either (a) before the iMproveMent or repair is started, or (b) if the structure has been da~aged, and is being restored, before the damage occurred. For the purposes of this defir~ition "substantial iMproveMent" is considered to occur when the first alteratior~ of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1> any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic P 1 aces. _~_V_a_~_i_a_~__e_~ means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. _~_Vi_o!_at_!_o_~*_' means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance require~ in this ordinance is presumed to be in violation until such time as that documentation is provided. SECT[ON 3.0 (~ENERAL PROVISIONS ~. 1 LANDS TO WHICH THIS ORDINA~r~E APPLIES. This ordinance shall apply to all areas of special flood hazards within the ~orporate limits of Mararia 5. ~ BASIS FOR ESTABLISHI~ ~E AeE~ OF SPECI~ special elood hazapd identified by the Federal InsuPance Administration (FIA) in a seientifi~ and enGineeping pepo~t entitled "The Flood Insurance Study for __~ .... " _~ith ar~ ac~ompanyin~ Flood Ir~supance Rate Map is hepeby adopted by p~feren~e and declared to be a part o~ this ordinance. The Flood Insurance Study is on file at~e ~own uaii, 12775 ~o~ Road, Marand, Az. The Flood Insurance Study is the r~inimum area of ~ce and applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are adopted by the Floodplain Board upon reco~endation of the Floodplain Administrator. ~.3 ~OMPLIAN~. No structure o~ land shall hereafter be constructed, located, extended, cor, verteO, or altered without full ~ompliance with the terms of this ordinance and other applicable regulations. 3.4 ABROGATI~ AND GREATER RESTRICTIOn. This ordinance is not Jr, tended to repeal, abrogate, or impair any existing easemer, ts, covenants, or deed restrictions. However~ where this ordinar, ce and another ordinar~ce, easement, ~ovenant, or deed restriction conflict or overla~, whichever imposes the more stringent restrictions shall prevail. ~.5 INTERPRETATION. In the interpretatior, and applicatic. r, of this ordinance, all provisior, s shall be: A. Cor, sidered as mini~,~um requirements; B. Liberally cor:strued in favor of the goverr, ir, g body; ar~, C. Deemed neither to limit r,z,r repeal ar, y other powers graf, ted urnder state statutes. 3.6 WARNING AND DISCLAIMER OF LIABILITY. The Oegree of flood protection required by this or~inar, ce is cor, sidered reasc. nable for regulatory purposes and is based or, scler, t i fic ar, d er~gir, eering considerat ior, s. Larger floods can ar, d wi 1 1 occur or, rare c. ccasior, s. Flood heights n~ay be Jr, creased by man-made c,r r, atural causes. This ordinar,co does not l~,~ply that lar, d outside the areas of special t'ic, c,d hazards c.r uses oern~itted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of i~_~_~_~_~l_~ any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. ~.7 ~TATUTORY EXEMPTIONS A. In accordance with A.R.S. §48-3609, nothing in this ordinance shall: 1. Affect existing uses of property or the right to continuation of the use under conditions which existed on the effective date of this ordinance. 2. Affect repair or alteration of property for the purposes for which such property was used on the effective date of this ordinance; providing such repair or alteration does not exceed 50 percent of the value of the property prior to the repair or alteration; and provided the repair or alteration does not decrease the carrying capacity of the watercourse. 3. Affect er apply to facilities constructed or installed pureuant to a certificate of environmental compatibility issued under the authority of Title 40, chapter 2, article 6.2. B. In accordance with A.R.S. § 48-3613, written authorization shall not be required, nor shall the Floodplain Board prohibit: 1. The construction of bridges, culverts, dikes and other structures necessary to the constructior~ of public highways, roads and streets intersecting a watercourse. ~. The construction of storage dams for watering livestock or wildlife, structures on banks of a creek, stream, river~ was~ arroyo, or other watercourse to prevent erosion of or damage to adjoining land, or dams for the conservation of flood waters as permitted by Title 48, Cha~ter 21. 3. Construction of tailing dams and waste disposal areas for use i~ connection with ~ining and metallurgical operations. This paragraph does not exempt those sand and gravel operations which will divert, retard or obstruct the flow of waters in any watercourse. lO 4. Any flood control district, or other political subdivision, from exercising powers granted to it under A.R.S. Title 45, Chapter 10. C. Before any construction authorized by Subsection 2 of this Section may begin, the responsible person must submit plans for the construction to the Board for review and comment. D. These exemptions do not preclude any person from liability if that person's actions increase flood hazards to any other person or property. 3.8 DECLARATION OF PUBLIC NUISANCE. Every new structure~ building, fill, excavation or development located or maintained within any area of special flood hazard after March ~, 1987 in violation of this ordinance is a public nuisance per se. 3.9 ABATEMENT OF VIOLATIONS. Within 30 days of discovery of a violation of this ordinance, the Floodplain Ad~linistrator shall submit a report to the Floodplain Board which shall include all ir~fc, rmation available to the Floodplain Ad~inlstrator which is pertinent to said violation. Within 30 days of receipt of this report, the Floodplain Board shall either: A. Take any necessary a~tion to effect the a~a~ement of such violation; or B. Issue a variance to this ordinance in accor~ar~ce with provisions of Section 6.0 herein; or C. Order the owner of the property upon which the violation exists tc~ provide whatever additional ir~for,~ation ~ay be required for their determination. Such ir, fc, r~,~ation must be provided to the Floodplain Administratc, r withir, 30 days c,f such order, and he snail submit an amended report to the Floodplait, Bc, ard withir, ~20 Oays. At their next regularly scheduled public ~,~eeting, the Floc. dplalr, Board ~all either order the abatement of said violatior, c,r they shall grar,t a variance ir accordance with the provisior~s of Sect ion 6. 0 herein. In addition to the above the Board Shall; Subr,~it to, the Ad~inistratc, r of Federal Ir, surar~ce declaration for denial c,f insurance, stating that t,~e violation of a cited State or amended. Ad~,~i r,i st rat ic.r~ property is local law, regulatior, c.r ordinar, ce, 1316 of the National Flood !r, surar,ce Act of 1968 3.10 UNLAWFUL ACTS. A. It is unlawful for any person to divert, retard or obstruct the flow of waters in any watercourse whenever it creates a hazard to life or property without securing the written authorization of the Floodplain Board. B. Any person violating the provisions of this ordinance shall be guilty of a class one misdemeanor. 3.11SEVERABILI]~. This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. 3.12 Relationship to Town Development Code. In situations of conflict between this ordinance and the Town Development Code, the most stringent shall apply. i2 SECTZON ~.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. Application fop a Development Permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: A. Proposed elevation in relation to mean sea level, of the lowest habitable floor (including basement) of all structures; in Zone AO, elevation of existing grade and proposed elevation of lowest habitable floor of all structures. B. Prc.~osed elevation in relation to mean sea level to which any structure will be floodproofed; C. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Sectic. n 5. 1.C.S; and, D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed ~evelopment. 4.2 BUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. Duties of the Floodplain Administrator shall include, but not be limited to: A. Review aii development permits to deter~qine that: 1. The permit requirements of this orclr, ance have been satisfied; 2. Aii other required state and federal permits have been obtaine~; The site is reasonably safe from flooding. 4. The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this ordinance, "adversely affects" means that the cumulative effect 13 and 4. of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot any point. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 3.2., 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 Section 5.0. Any such information shall be submitted to the Floodplain Board for adoption. O. Obtain and maintain for public inspection and make available as needed for Flood Insurance Policies: the certified elevation required in Section 5. 1.C. 1; the certification required in Section 5. 1.O. 2; the floodproofing certification required in Section the certified elevation required in Section 5.4. B. D. Whenever a watercourse is to be altered or relocated: 1. Notify adjacent ccm~munities and the Arizona Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; ~. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is ~aintained. E. Within one hundred twenty 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 ir~statlation of the project shall provide to the governing bodies of all Jurisdictions affected by the project a new delineation of all floc, dplains affected by the project. The new delineation shall be done according to the criteria adopted by the director of water resources. F. Advise the Flood Control District of ?iI~ .................... County and any adjunct jurisdiction having responsibility for flo~dplain manage~ent in writing and provide a copy of development plan of all applications for floodplain use peri, its or variances to develop land in 14 a floodplain or floodway within one r~ile of the corporate limits of the Town Marana ........ ~_~_ of ............. . Also, advise the Flood Control District of _Pi_nl_a ........ County 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 plat, of development shall be ser, t to the District r,o later than three working days after having beer, received by the District. G. 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 cot,testing the location of the boundary shall be giver, a reasonaDie opportunity to appeal the inte~pretation as provided in Section 6.0. H. Take actions on violations of this ordinance as required in Sect ion 3.9 herein. 15 ~CTION ~. O PROWI~I~ FOR FI-OOD H~Z~RD REDUCTION 5. 1 STANDARDS OF CONSTRUCTION. following standards are required: A. In all areas of special flood hazards the Anchoring 1. All new construction and substantial improvements a shall be anchored to prevent flotation, collapse or lateral movement of the structure. 2. All manufactured homes shall meet the anchoring standards of Section 5.5. A. Construction Materials and Methods 1. All new construction and substantial improvements s~all be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using ~ethods and practices that minimize flood damage. Elevation and Floodproofing 1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the regulatory flood elevation. Nonresidential structures may meet the standards in Section 5.1.C.3. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. 2. New construction and substantial improvement of any structure Zone AO of the FIRM shall have the lowest floor, including basemen~ higher than the highest adjacent grade at least one foot higher th~ the depth number on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in Section 5.I.C. Upon completion of the structure a registered professional engineer shall certify to the Floodplain Administrator that the elevation of the structure meets this standard. 3. Nonresidential construction shall either be elevated in conformance with Section 5.1.C. 1. or ~. or together with attendant utility and sanitary facilities: a. be floodproofed so that below the regulatory flood level the structure is watertight with walls substantially impermeable to the passage of water; b. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administratc. r. 4. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to autocratically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect to meet or exceed the following minimum criteria: A mini~l~um of two openings have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foo~ above grade. Openings may be equipped ~ith screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 5. Manufactured homes shall meet the above standards and also the standards in Section 5.5. i7 ~.~ STRND~RDS FOR STDRRSE OF HRTERIRLS RND EOUZPr~_NT Ao The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. B. Storage of other material or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 5.3 STRNDARDS FOR UTILITIES A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. C. Waste disposal systems shall not be installed wholly or partially in a floodway. 5.4 STANDARDS FOR SUBDIVISIONS. A. All preliminary subdivision proposals shall iaer~tify the flood hazard area and the elevation of the base flood. B. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. 5.5 STANDARDS FOR I~ACTURED HOHES. All new and replacement manufactured homes and additions to manufactured homes shall: A. Be elevated so that the bottom of the structural frame or the lowest point of any attached appliances, whichever is lower~ is at the regulatory flood elevation; and B. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. 5.6 F~OODWAYS. Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and eroslot, potential, the following provisions apply: A. Prohibit encroachments, including fill, new const~uction, substantial improvements, and other ~evelopment unless certification by a registered professional engineer demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. If Sections 5.6-1 and 5.6-2 are satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 5. 19 !SECTTON 6. 0 V~R~ PROCEDURE 6.1 ~PPEAL ~RD A. The Floodplain Board of .... _~_~_~_a_II_~_ .... shall hear and decide appeals and requests for variances from the requirements of this ord i nance. B. The Floodplai~ Board shall hear and decide appeals wher~ it is alleged there is ar, error in any requirement, decision, or deterinitiation made by the Floodplain Administrator in the enforcernent or administration of this ordinance. C. In passing upon such applications, the Floodplain Board shall consider ai 1 technical evaiuat ions, al 1 relevant factors, standards specified in other sections of this ordinance, and: 1. the dar~ger that materials may be swept onto other lands to the injury of others; 2. the danger of life and property due to flooding damage; 5. the susceptibility of the proposed facility and to flood darnage and the effect of such damage or~ the individual 4. the importance of the services provided by the proposed facility to the community; 5. the necessity to the facility of a waterfront location, where applicable; 6. the availability of alternative locations for the proposed use which are nob subject to flooding or erosior, damage; 7. the compatibility of the proposed use with existing and anticipated development; 8. the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; its contents 2O 9. the safety of access to the property in time of flood for ordinary and emergency vehicles; 10. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site~ and~ 11. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. D. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 6.1.D. 1. through 11 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. E. Upon consideration of the factors of Section 6. 1-4 and the purposes of this ordinance, the Floodplain Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. F. The Floodplain Administrator shall maintain the re~ords of all appeal actions and report any variances to the Federal Insurance Administration upon request. 6.~ CONDITIONS FOR V~RIANCES A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 2i D. Variances shall only be issued upon: 1. a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and 5. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense~ create nuisances~ cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances. E. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notice will also state that the land upon which the variance is granted s~ail be ineligible for exchange of State land pursuant to the flood relocation and land exchange program provided for by A.R.S. Title 26, Chapter Article 2. A copy c,f the r.=~tice shall be recorded by the ~loodplain Board in the office of the ............ County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel ,of land.