(A) Red Lot designation established; process.
(1) Authorization. The city shall be authorized to designate certain lots as drainage and/or erosion "Red Lot" zones when they have been determined to possess drainage and/or erosion impacts to the property itself, adjacent or downstream properties as defined herein.
(2) Designation by resolution. A designation may be initiated by city staff, the city Planning and Zoning Commission or City Council or upon a finding being made that the lot meets any of the criteria defined further herein. A lot may be so designated upon the approval of a resolution by City Council which includes the legal description of the property, its current owner, a physical address (if assigned) and a finding of all applicable criteria within this section.
(3) Designation criteria. Such designation shall be based upon any one or combination of the following criteria:
(a) The suitability of development within a drainage or erosion zone.
(b) Soil type and stability, level of compacted earth suitable for development and/or geotechnical condition or where the integrity of the compaction where the soil surface or subsurface has been compromised.
(c) When a natural drainage channel or arroyo is present and presents a drainage or erosion condition.
(d) The property is susceptible to lateral erosion or evaluation of the level of erosion relative to soil conditions or a determination of erosion envelope.
(e) Lack of vegetative cover to secure soil stability and/or reduce velocity and impact of runoff.
(f) The potential for adverse impacts to adjacent or downstream properties.
(g) Reliance upon the information contained within the adopted City Drainage Master Plan and its updates, accompanying studies and successors.
(h) Any plans, studies or reports, either commissioned privately or by a governmental agency - including the city - for a single lot or larger study area, which identify any of the aforementioned conditions being present on the area of study.
(i) A plan, study or report shall include any of the following types of engineering, developed conditions assessment, geotechnical, hydrological, soil conditions, erosion assessment, Comprehensive Plan, floodplain or flood hazard plan, subdivision plan, or plans for grading, clearing or drainage.
(B) Administration and enforcement.
(1) The city Floodplain Administrator shall administer and enforce the provisions of this subsection. All lots designated as Red Lots shall conform to the general zoning permit requirements, Chapter 153, 154 and § 155.050 in addition to the requirements contained herein, which are specifically adopted to minimize the potential impacts posed by the development of the lot.
(a) When engineered plans are required to be submitted as part of a development plan and/or zoning permit application, the Floodplain Administrator shall refer the plans to the City Engineer or designated engineering firm for review and comment.
(2) Upon designation of a lot as a drainage and erosion zone area, an official "Red Lot" list and/or map will be updated and retained in the Planning and Code Enforcement Department office itemizing each lot that has been so designated.
(a) Such designated lots may be situated outside of FEMA's Flood Insurance Rate Map (FIRM) and/or Flood Hazard Boundary Map (FHBM) and are not necessarily reliant upon federal or state designations and criteria.
(b) The official list and map shall additionally be referenced in the city's Comprehensive Plan and reviewed during such times as the Comprehensive Plan is updated, although the provisions of this subchapter shall take legal precedence.
(3) Penalties. Failure to adhere to the requirements of this section shall be subject to the penalty procedures contained elsewhere within Chapter 154.
(Ord. 157, passed 8-5-2015; Am. Ord. 194, passed 12-16-2020)