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 chapter have been satisfied;
(2) All required state and federal permits have been obtained;
(3) The site is reasonably safe from flooding;
(4) In areas where a floodway has not been designated, the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined; and
(5) The proposed development does not adversely affect the water and sediment carrying capacity of the floodway. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development, and all other existing and anticipated developments shall not increase the water surface elevation of the base flood more than one foot at any point, and shall not risk aggravating bed and bank scour which could directly or indirectly endanger human life or cause property damage.
(B) Review all development permits for improvements and/or damages to existing structures to determine if the application of the substantial improvement rules apply, including establishing a definition of market value determination and verifying that the estimated improvement and/or repair costs are less than 50% of the market value of the structure;
(C) When base flood elevation data has not been provided in accordance with § 152.007, 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 §§ 152.045 et seq. Any such information shall be consistent with the requirements of the Federal Emergency Management Agency and the Director of Water Resources and may be submitted to the board for adoption.
(D) Obtain and maintain for public inspection and make available as needed for flood insurance policies:
(2) The certification of flood-proofing required in § 152.045(C)(3);
(3) The certification of elevation required in § 152.048(A)(2);
(4) Permit records for repair of flood-related damage to structures on a cumulative basis for repetitive loss structure purposes over the life of the structure;
(5) Certification of elevation required by § 152.031(E)(1);
(6) Certification required by § 153.045(B)(4); and
(7) Records of all variance actions, including justification for their issuance.
(E) Notification requirements.
(1) Whenever a watercourse is to be altered or relocated:
(a) Notify adjacent communities and the Arizona Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of the notification to FEMA through appropriate notification means; and
(b) Assure that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.
(2) Base flood elevation and rate of flow due to physical alterations:
(a) 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, the Floodplain Administrator shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data in accordance with volume 44 C.F.R. § 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; and
(b) Within 120 days after completion of construction of any flood control protective works which changes the rate of flow during the base 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.
(3) The Federal Emergency Management Agency of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
(F) Advise in writing and provide a copy of any development plan, to any neighboring city, town or county Floodplain Administrator having assumed jurisdiction over its floodplains in accordance with A.R.S. § 48-3610, of any application for a floodplain use permit (development permit) or variance to develop land in a floodplain or floodway within one mile of the corporate limits of such city or town or unincorporated village or urbanized area. The town Floodplain Administrator shall also advise such city or town and county Floodplain Administrator 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 such county, city or town area of jurisdiction. Written notice and a copy of the plan of development shall be sent to such county, city or town no later than three working days after having been received by the town Floodplain Administrator.
(G) Make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas (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 §§ 152.065 et seq.
(H) Take actions on violations of this chapter as required in § 152.014.
(I) Establish a reasonable fee schedule, including higher fees for late compliance, all fee structures to be approved by the Town Council.
(Ord. 2019-863, passed 1-8-2019)