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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
All development located or maintained within any area of special flood hazard after August 8, 1973, in violation of this chapter is a public nuisance per se, and may be abated, prevented or restrained by action of this political subdivision.
(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:
For a similar state statute, see A.R.S. § 48-3614
Within 30 days of discovery of a violation of this chapter, the Floodplain Administrator shall submit a report to the Floodplain Board, which shall include all information pertinent to the violation that is available to the Floodplain Administrator. Within 30 days of receipt of this report, the Floodplain Board shall either:
(A) Take any necessary action to effect the abatement of such violation; or
(B) Issue a variance to this chapter in accordance with the provisions of § 151.52 herein; or
(C) Order the owner of the property upon which the violation exists to provide whatever additional information may be required for its determination. Such information must be provided within 30 days of such order to the Floodplain Administrator, who shall submit an amended report to the Floodplain Board within 20 days. At its next regularly scheduled public meeting, the Floodplain Board shall either order the abatement of the violation, or it shall grant a variance in accordance with the provisions of § 151.52 herein; or
(D) Submit to the Administrator of Federal Insurance Administration a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to § 1316 of the National Flood Insurance Act of 1968, as amended.
(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
Except as otherwise provided in A.R.S. § 48-3613, no person shall engage in any development or divert, retard or obstruct the flow of waters in any watercourse, whenever it creates a hazard to life or property, without securing the written authorization required by A.R.S. § 48-3613. Where the watercourse is a delineated floodplain, it is unlawful to excavate or build any structure affecting the flow of waters without securing written authorization required by A.R.S. § 48-3613.
(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
Statutory reference:
For a similar state statute, see A.R.S. § 48-3613
ADMINISTRATION
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