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GENERAL PROVISIONS
The area of special flood hazard identified by the Federal Emergency Management Agency (FEMA), in a scientific and engineering report entitled “The Flood Insurance Study for the Town of Payson, Gila County”, dated December 4, 2007, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated December 4, 2007, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study (FIS) and attendant mapping is the minimum area of applicability of this chapter, and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the Floodplain Board by the Floodplain Administrator. The Floodplain Board, within its area of jurisdiction, shall delineate (or may by rule require developers of land to delineate) for areas where development is ongoing or imminent, and thereafter as development becomes imminent, floodplains consistent with the criteria developed by FEMA and the Director of the Arizona Department of Water Resources. The Flood Insurance Study, FIRMs and FBFMs are on file at 303 North Beeline Highway, Payson, Arizona, in the office of the Town Engineer.
(Res. 1579, passed 1-10-02; Am. Ord. 759, passed 4-2-09; Am. Res. 2477, passed 4-2-09; Am. Ord. 889, passed 5-18-17; Am. Res. 3024, passed 5-18-17)
All development of land, construction of residential, commercial or industrial structures or future development within delineated floodplain areas is subject to the terms of this chapter and other applicable regulations.
(Res. 1579, passed 1-10-02; Am. Ord. 759, passed 4-2-09; Am. Res. 2477, passed 4-2-09; Am. Ord. 889, passed 5-18-17; Am. Res. 3024, passed 5-18-17)
Statutory reference:
This provision is required by A.R.S. § 48-3609
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, whichever imposes the more stringent restrictions shall prevail.
(Res. 1579, passed 1-10-02; Am. Ord. 759, passed 4-2-09; Am. Res. 2477, passed 4-2-09; Am. Ord. 889, passed 5-18-17; Am. Res. 3024, passed 5-18-17)
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Res. 1579, passed 1-10-02; Am. Ord. 759, passed 4-2-09; Am. Res. 2477, passed 4-2-09; Am. Ord. 889, passed 5-18-17; Am. Res. 3024, passed 5-18-17)
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 areas of special flood hazard 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, any officer or employee thereof, the State of Arizona, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Res. 1579, passed 1-10-02; Am. Ord. 759, passed 4-2-09; Am. Res. 2477, passed 4-2-09; Am. Ord. 889, passed 5-18-17; Am. Res. 3024, passed 5-18-17)
(A) In accordance with A.R.S § 48-3609H, unless expressly provided, this and any regulation adopted pursuant to this chapter do not affect:
(1) Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a building or structure is discontinued for 12 months, or destroyed to the extent of 50% of its value, as determined by a competent appraiser, any further use shall comply with this chapter and regulations of the town.
(2) Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984, or any regulations affecting such property takes effect, except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage potential by 50% or more shall be either floodproofed or elevated to or above the regulatory flood elevation.
(3) Reasonable repair of structures constructed with the written authorization required by A.R.S. § 48-3613.
(4) Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to A.R.S. Title 40, Chapter 2, Article 6.2.
(B) Before any authorized construction begins for the exceptions listed below, the responsible person must submit plans for the construction to the Floodplain Board for review and comment. In accordance with A.R.S. § 48-3613, written authorization shall not be required, nor shall the Floodplain Board prohibit:
(1) The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, roads and streets intersecting or crossing a watercourse.
(2) The construction of storage dams for watering livestock or wildlife, structures on banks of a watercourse to prevent erosion of or damage to adjoining land if the structure will not divert, retard or obstruct the natural channel of the watercourse or dams for the conservation of flood waters, as permitted by A.R.S. Title 45, Chapter 6.
(3) Construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This paragraph does not exempt those sand and gravel operations which will divert, retard or obstruct the flow of waters in any watercourse from complying with, and acquiring authorization from the Floodplain Board pursuant to regulations adopted by the Board under this chapter.
(4) Other construction upon determination by the Floodplain Board that written authorization is unnecessary.
(5) Any flood control district, county, city, town or other political subdivision from exercising powers granted to it under A.R.S. Title 48, Chapter 21, Article 1.
(6) The construction of streams, waterways, lakes and other auxiliary facilities in conjunction with development of public parks and recreation facilities by a public agency or political subdivision.
(7) The construction and erection of poles, towers, foundations, support structures, guy wires and other facilities related to power transmission as constructed by any utility, whether a public service corporation or a political subdivision.
(C) In addition to other penalties or remedies otherwise provided by law, this state, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse has the right to commence, maintain and prosecute any appropriate action, or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this section, or regulations adopted pursuant to this section. If a person is found to be in violation of this section, the court shall require the violator to either comply with this section if authorized by the Board, or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation, including reasonable costs and attorney fees.
(Res. 1579, passed 1-10-02; Am. Ord. 759, passed 4-2-09; Am. Res. 2477, passed 4-2-09; Am. Ord. 889, passed 5-18-17; Am. Res. 3024, passed 5-18-17) Penalty, see § 151.99
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