A. Any floodplain use permit may be subject to conditions or restrictions designed to reduce or mitigate the potential danger or hazard to life or property resulting from development within the regulatory floodplain, floodway, or erosion hazard areas. The applicant may be required to execute deed restrictions running with the land or be required to post performance bonds, assurances or such other security as may be appropriate and necessary to assure that performance of the conditions or restrictions of the permit are satisfied and to ensure that the requirements of this title and the NFIP have been satisfied, including the following:
1. All other required state and federal permits have been, or will be, obtained;
2. The site is reasonably safe from flooding; and
3. The proposed development does not adversely affect the flow carrying capacity of the watercourse and floodplain by demonstrating that:
a. The individual development will not increase the flow depth by more than one-tenth of one foot at any property line,
b. The individual development will not increase the flow velocity by more than one fps or ten percent, whichever is less, as measured at any property line, except when it can be demonstrated that the post-development velocity is not an erosive velocity. The velocity subject to this standard may be the overbank velocity, the channel velocity, or both, as appropriate based on the type of development and its location within the floodplain.
c. Encroachments that exceed these limits may be approved by the chief engineer on a case-by-case basis based on engineering analyses and a determination that the encroachment will not cause any adverse impact to adjacent properties, and
d. The cumulative effect 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 at any point.
B. Examples of conditions that may be imposed include, but are not limited to, the following:
1. Relocation of development and structures to areas subject to no or less severe flooding or erosion hazards;
2. Elevation of structures and associated service facilities to the regulatory flood elevation;
3. Erosion protection;
4. Use of flood resistant materials;
5. The delineation of maximum encroachment limits;
6. The submittal of "as-built" plans, prepared by an Arizona registered civil engineer, that demonstrate that improvements were constructed in conformance with this title;
7. Modification of waste disposal and water supply-facilities;
8. Limitations on periods of use and hours of operation;
9. Institution of operational controls;
10. Requirements for construction of channel modifications, dikes, levees, or other protective measures;
11. Indemnification agreements whereby the applicant agrees to hold the county, the district and the board, as well as their officers, employees, and agents, harmless; and defend them from any and all claims for damages now and in the future relating to the use of the property sought to be developed by reason of flooding, flowage, erosion, or damage caused by water, whether surface flow, flood, or rainfall;
12. Flood proofing measures for nonresidential structures, such as the following, which shall be designed to be consistent with the regulatory flood elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. The chief engineer may require that the applicant submit a plan or document, sealed by an Arizona registered civil engineer, structural engineer, or architect, that the flood proofing measures are consistent with the regulatory flood elevation and associated flood factors for the particular area. Examples of flood proofing measures that may be required include, but are not limited to:
a. Anchorage to resist flotation and lateral movement;
b. Installation of watertight doors, bulkheads, and shutters;
c. Reinforcement of walls to resist water pressures;
d. Use of paints, membranes or mortars to reduce seepage of water through walls;
e. Addition of mass or weight to structures to resist flotation;
f. Installation of pumps to lower water levels in structures;
g. Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters;
h. Pumping facilities to relieve subsurface external foundation wall and basement floor pressures;
i. Construction designed to resist rupture or collapse caused by water pressure or floating debris;
j. Cutoff valves on sewer lines, or the elimination of gravity flow basement drains;
k. Elevation of structures or service facilities to the regulatory flood elevation;
l. Bank protection, armor plating or other erosion control measures on any proposed fill; and
m. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities designed and/or located to prevent water entry or accumulation.
C. An applicant appealing any permitting conditions, interpretation or administration of this title, permit denial or requesting a waiver to specific permit conditions or to engineering standards shall first appeal in writing to the chief engineer as provided in Section 16.56.010.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 7 (E), 1988)