A. This chapter shall apply to all special flood hazard areas within the corporate limits of the town. In addition, this chapter shall also apply to the following areas:
1. FEMA zone X-500, also known as shaded zone X, as it pertains to the tortolita mountain alluvial fan.
2. Local floodplains associated with washes and/or sheet flow having a base flood discharge of 50 cfs or more.
3. Areas within the erosion hazard setback of a watercourse.
4. All floodplains/flood-prone areas and erosion hazard setbacks identified on previously and subsequently recorded subdivision plats.
5. All floodplains/flood-prone areas and erosion hazard setbacks identified on previously and subsequently drainage studies commissioned by the town engineer.
B. Basis for establishing special flood hazard areas.
1. The regulated areas of this chapter as outlined in subsection A of this section are derived from a variety of sources, whose hydrologic and hydraulic data and maps of delineation are kept on file by the town at 11555 West Civic Center Drive, Marana, AZ 85653, Marana municipal complex, public works department. This information includes or will include:
a. The special flood hazard areas identified by FEMA in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Pima County Arizona and incorporated areas, revised June 16, 2011,” with accompanying FIRMs dated February 8, 1999 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. The FIS, FIRMs and amendments and corrections to the maps are all kept on file.
b. The FIS and FIRMs may be supplemented by studies for other areas that allow implementation of this chapter. The floodplain board, within the limits of the town, shall require developers to delineate, within areas where development is ongoing or imminent, floodplains consistent with the criteria developed by FEMA, the director of water resources and the town.
c. Due to the episodic nature of natural flood events and the resulting changes to hydrologic and hydraulic conditions along watercourses within the town, base flood peak discharges, flow volumes, and associated regulatory floodplain and erosion hazard areas are subject to continuous revision. At a minimum, base flood values and base flood elevations shall meet or exceed the current values established by FEMA and reflect historic flood information and general, current watershed conditions. Current regulatory floodplain and erosion hazard area maps will be maintained by the floodplain administrator for the Santa Cruz river and all watersheds which generate regulatory flood peak discharges exceeding 5,000 cfs for the base flood. These watersheds are listed in appendix 1 of this chapter.
d. The floodplain administrator may accept hydrologic and hydraulic studies prepared by an Arizona registered professional civil engineer as a delineation of regulatory floodplain and erosion hazard setback areas.
e. In all cases the most recently accepted information shall be used for floodplain management.
C. Compliance. All development of land, construction of residential, commercial or industrial structures, or future development on lands to which this chapter applies is subject to the terms of this chapter and other applicable regulations.
D. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town, its officers or employees, the state of Arizona, NFIA or FEMA, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter.
Ordinance 2022.006 amended Section 17-15-3 A., B., E.