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Home My WebLink About08/14/2006 Blue Sheet Floodplain Management Code TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 14, 2006 AGENDA ITEM: J.5 TO: MAYOR AND COUNCIL FROM: Keith Brann, PE, CFM, Assistant Director of Public Works, Town Engineer AGENDA TITLE: Ordinance No. 2006.24: Relating to Land Development; adopting the revised Floodplain and Erosion Hazard Management Code (Land Development Code Title 21). DISCUSSION The Federal Emergency Management Agency (FEMA) has mandated that all communities that participate in the National Flood Insurance Program adopt a floodplain management ordinance with prescribed criteria. Staff has researched and prepared a new floodplain ordinance that meets the requirements ofFEMA and the Town. A draft of the ordinance was presented to Council on July 25, 2006. The final ordinance has been reviewed by staff and the Town Attorney. RECOMMENDATION Staff recommends adoption of the revised Title 21 of the Land Development Code relating to the Floodplain and Erosion Hazard Management Code. SUGGESTED MOTION I move to adopt Ordinance No. 2006.24. Ordinance No. 2006.24, new Floodplain Code 8/14/20061:33 KEB MARANA ORDINANCE NO. 2006.24 RELATING TO LAND DEVELOPMENT; ADOPTING THE REVISED FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE (LAND DEVELOPMENT CODE TITLE 21). WHEREAS Marana is required to adopt and enforce floodplain management regulations to participate in the National Flood Insurance Program (42 V.S.C. ~ 4001 et seq.) and to comply with Arizona law (A.R.S. ~ 48-3601 et seq.); and WHEREAS the Town's floodplain management regulations are found at Title 21 of the Marana Land Development Code; and WHEREAS the Federal Emergency Management Agency (FEMA), which administers the National Flood Insurance Program, has requested the Town to modify its floodplain management regulations as a condition of the Town's continued participation in the National Flood Insurance Program; and WHEREAS Town staff has prepared the Revised Floodplain and Erosion Hazard Man- agement Code (Land Development Code Title 21) (the "Revised Floodplain Code") to address the comments from FEMA and to update and clarify the Town's floodplain management regula- tions so that they better advance the purposes set forth in Section 21.01.03 of the Revised Flood- plain Code; and WHEREAS the Town Council finds that the adoption of the Revised Floodplain Code is in the best interest ofthe Town; and WHEREAS the Revised Floodplain Code is a lengthy document which may appropriately be adopted by reference under A.R.S. ~ 9-802. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. That certain document known as the Revised Floodplain and Erosion Haz- ard Management Code (Land Development Code Title 21) (the "Revised Floodplain Code"), three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which was made a public record by and attached as Exhibit A to Resolution No. 2006-132 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part of this ordinance as if fully set out here. {00002496.DOC I} - 1 - 8/9/20061:40 PM FJe SECTION 2. The Revised Floodplain Code shall become effective on the 14th day of Sep- tember, 2006. SECTION 3. The following penalty clauses are contained in the Revised Floodplain Code: 21.03.08 UNLAWFUL ACTS A It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing the written authorization required by AR.S. S 48-3613. Where the watercourse is a delineated floodplain, it is unlawful to engage in any development affecting the flow of waters without securing writ- ten authorization required by AR.S. S 48-3613. B. Any person violating the provisions of this Title shall be guilty of a class 2 misdemeanor. Each day that a violation continues shall be considered a separate offense. SECTION 4. The existing Marana floodplain regulations found in current Marana Land Development Code Title 20 are hereby repealed, effective as of the 14th day of September, 2006, to the extent they conflict with the provisions of the Revised Floodplain Code; provided, how- ever, that this repeal shall not affect the rights and duties that matured or penalties that were in- curred and proceedings that were begun before the effective date of the repeal. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordi- nance or any part ofthe Revised Floodplain Code is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining provisions of the Revised Floodplain Code. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 14th day of August, 2006. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00002496.DOC I} - 2 - 8/9/20061:40 PM FJC AFFIDA Vll OF PUBLICA liON STATE OF ARIZONA COUNTY OF PIMA ss. Audrey Smith, being first duly sworn, deposes and says that (s)he is the legal Advertising Manager of THE DAilY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: PUBLIC NOTICE MARAN A ORDINANCE NO. 2006.24 RELATING TO LAND DEVELOPMENT et al was printed and published correctly in the regular and entire issue of said THE DAilY TERRITORIAL for 4 issues; that was first made on the 17th day of August 2006 and the last publication thereof was made on the 22nd day of August 2006; that said publication was made on each of the following dates, to-wit: 08/17/06 08/18/06 08/21/06 08/22/06 at the Request of: Town of Marana, Clerk's Office JAMIE C. MACIAS Notary Publ:c - Arizona P~rf;a County Expires 02/04/08 My commission expires: MARANA ORDINANCE NO. 2006.24 RELATING TO LAND DEVELOPMENT: ADOPTING THE REVISED FLOOD- "'LAIN AND' EROSION HAZARD MAN- AGEMENT CODE (LAND DEVELOP- MENT CODE TITLE 21) WHEREAS Marana IS required to adopt and enforce floodplain management regulations to participate in the National Flood Insurance Program (42 U.S.C 9 4001 et seq.) and to comply with Ari- zona law (AR.S. 9483801 et seq.): and WHEREAS the Town's floodolaln man- agement regulations are found at Title 21 of fhe Marana Land Development Code: and WHEREAS the Federal Emergency Management Agency (FEMA), which administers the National Flood Insur- ance Program. has requested the Town to modity its floodplain management regulations as a condition of the Town's continued participation In the National Flood Insurance Program; and WHEREAS Town staff has prepared the Revised Floodplain and ErOSion Hazard Management Code (Land Development Code Title 21) (the "Revised Floodplain Code") to address the comments from FEMA and to update and clarify the Town's floodplain management regula- tions so that they better advance the purposes set forth in Section 21.01.03 of the Revised Floodplain Code; and WHEREAS the Town Council finds that the adoption of the Revised Floodplain Code is in the best interest of the Town; and WHEREAS the Revised Floodplain Code is a lengthy document which may appropriately be adopted by reference under A.R.S. 9 9-802. NOW. THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION ,. That certain document known as the Revised Floodplain and Erosion Hazard Management Code (Land Development Code Title 21) (the "Revised Floodplain Code"), three cop- Ies of which are on file In the office of the Town Clerk of the Town of Marana, Anzona, which was made a public re- cord by and attached as Exhibit A to Resolution No. 2008 132 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part of this ordi- nance as if fully set out here. SECTION 2. The Revised Floodplain Code shall become effective on the 14th day of September, 2008. SECTION 3. The following penalty clauses are contained in the Revised Floodplain Code: 21.03.08 UNLAWFUL ACTS A It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters In a water- course if it creates a hazard to life or property without securing the written authorization required by AR.S. 9 48 3813. Where the watercourse is a de- lineated floodplain, it is unlawful to en- gage in any development affecting the flOW of waters without securing written authorization reqUired by A.R.S. 9 48-3813. B. Any person violating the provisions of this Title shall be guilty of a class 2 mis- demeanor. Each day that a violation continues shall be considered a sepa- rate offense. SECTION 4. The existing Marana flood- plain regulations found in current Marana Land Development Code Title 21 are hereby repealed. effective as of the 14th day of September, 2008. to the extent they conflict with the proviSions of the Revised Floodplain Code: pro- Vided, however. that thiS repeal shall not affect the rights and duties that ma- tured or penalties that were incurred and proceedings that were begun De- fore the effective date of the repeal. SECTION 5. If any section, subsection, sentence. clause, phrase or portion of this ordinance or any part oi the Re- Vised Floodplain Code IS for any reason held to be Invalid or unconstrtutlonal by the deciSion of any court of competent Jurisdiction, that decision shall not affect the validity of the remaimng prOVISions of the Revised FlOOdplain Code. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA. ARIZONA, thiS 14th day of August, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM Frank Cassidy, Town AttorneY-- PUBLISH: The Daily Territorial August 17, 18. 21,22,2006 pnord2006.24 o.t