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Pima County Overview
Pima County, AZ Code of Ordinances
PIMA COUNTY, ARIZONA CODE
Publisher's Introduction
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 INDIGENT HEALTH CARE
Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 ENVIRONMENTAL QUALITY
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 TRAFFIC AND HIGHWAYS
Title 11 PIMA COUNTY PROCUREMENT CODE
Title 12 (RESERVED)
Title 13 PUBLIC SERVICES
Title 14 RENEWABLE ENERGY INCENTIVE DISTRICT (REID)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 FLOODPLAIN MANAGEMENT
Title 17 AIR QUALITY CONTROL
Title 18 ZONING
Title 19 ROADWAY DEVELOPMENT FEE
Title 20 THE SMALL BUSINESS ENTERPRISE PARTICIPATION PROGRAM
Title 21 PUBLIC LANDS AND FACILITIES
STATUTORY REFERENCES FOR ARIZONA COUNTIES
CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
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16.20.020   Permit—Information requirements.
   A.   Upon receiving an application for a floodplain use permit, the chief engineer may require, where applicable, the applicant to submit plans, drawn to a standard engineering scale, providing the following information at a minimum:
      1.   The property location, dimensions, and elevation of the lot;
      2.   Existing or proposed structure(s), manufactured home(s), or improvements;
      3.   Area to be graded, fill pads and elevations of same;
      4.   Any fill, storage of materials, walls, fences, or other development that may obstruct, divert or retard flow;
      5.   Any flood proofing measures and specifications;
      6.   The relationship of all the above improvements and developments to the location of the watercourse, regulatory floodplain, floodway, riparian habitat, and erosion hazard area boundaries; and
      7.   The base flood elevation and proposed elevation of the lowest floor and the method of elevation. All elevations must reference an established datum or base elevation.
   B.   For a floodplain use permit associated with a subdivision plat or development plan, the following must be provided with the permit application:
      1.   A copy of the approved grading plan; or
      2.   Lot and building sketch including:
         a.   The existing and finished grade of the area to be graded based on spot elevations or two-foot contour interval maps. It is also a requirement that the finished pad grade be surveyed and the results of the survey be sealed by an Arizona registered land surveyor;
         b.   The extent of graded areas, shaded and labeled "graded area," and, a depiction of where structures are to be constructed;
         c.   The existing grade at the primary building corners, and the proposed finished floor elevations;
         d.   The location of proposed erosion or drainage mitigation measures, such as rock armoring a building pad or retaining walls to support steep-sloping soils;
         e.   The exterior boundaries of the site; and
         f.   Where applicable, any structural measures for flood protection, bank stabilization, erosion and drainage control measures.
   C.   Where special circumstances necessitate more detailed information, the applicant shall furnish any or all of the following, as is deemed necessary by the chief engineer, for the evaluation of the effects of the proposed use upon flood flows, riparian habitat, erosion, and other factors necessary in order to render a decision on the suitability of the proposed use:
      1.   One or more cross-sections showing the existing watercourse, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water information (if available);
      2.   Plan (surface view) showing elevations or contours of the ground; pertinent structures, fill, or storage elevations; size, location and spatial arrangement of all proposed and existing structures and channel banks on the site; location and elevation of streets, water supply, sanitary facilities; photographs showing existing land-uses and upstream and downstream vegetation types, and other pertinent information;
      3.   Profile showing the elevation and slope of the bottom of the channel or flow line of the stream or watercourse;
      4.   Specifications for building construction and materials, flood proofing, filling, erosion protection, excavating, channel improvements, storage of materials, water supply, and sanitary and waste facilities;
      5.   An engineering study prepared by an Arizona registered civil engineer outlining the effects the development will have on the flow of water through the area being developed and the surrounding areas. This study will be for the purpose of evaluating possible flood hazards and shall, where necessary, include consideration of the effects of the development on flood heights, water velocities, direction of flow, sedimentation and/or erosion, volume of flows, channel shape and size, type of channel banks and other items that may be pertinent, and the resultant effects on structures, land, banks, etc., for the adjacent regulatory floodplain and the surrounding area;
      6.   Riparian habitat information as required under Chapter 16.30 of this title; and
      7.   Any other information deemed necessary for review of public safety and floodplain management requirements by the chief engineer.
   D.   The chief engineer shall review the proposed development to verify that the applicant has requested permits from any other governmental agencies which are required by federal or state law to review or approve the proposed development including any permits required by the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1134.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 7 (C), 1988)
16.20.030   Permit—Issuance conditions—Notices of development.
   A.   It shall be the duty of the chief engineer, through the floodplain administrator, to issue any floodplain use permit required by this chapter. The chief engineer may request and shall receive the assistance and cooperation of all departments, agencies, officials, and public employees of the county in the enforcement of this title. No license, permit or other similar approval for any development that would be in conflict with the provisions of this title shall be issued by any department, official, or employee of the county; and any such license, permit, or approval, if issued in conflict with the provisions of this title, shall be null and void.
   B.   In accordance with A.R.S. Section 48-3610, the district shall advise any city or town that has assumed, in writing, jurisdiction over the district's regulatory floodplains, and provide a copy of any development plan or any application that has been filed with the district for a floodplain use permit or a variance to develop land in a regulatory floodplain, floodway, or erosion hazard area within one mile of the boundary between the district's area of jurisdiction and the jurisdiction of that city or town. The district shall also advise any city or town in writing and provide a copy of any development plan of any major development proposed within a regulatory floodplain, floodway, or erosion hazard area within the County that could affect regulatory floodplains, floodways, erosion hazard areas or watercourses within that city's or town's area of jurisdiction. Written notice and a copy of the plan of development shall be sent to any adjacent jurisdiction no later than three working days after having been received by the district.
   C.   Whenever a watercourse, which is regulated by FEMA and ADWR, is to be altered or relocated the chief engineer shall:
      1.   Notify adjacent communities and ADWR prior to such alteration or relocation of a watercourse, and submit evidence of such notification to FEMA; and
      2.   Require as a condition of the floodplain use permit that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 7 (B), 1988)
16.20.040   Permit—Specific conditions authorized.
   A.   Any floodplain use permit may be subject to conditions or restrictions designed to reduce or mitigate the potential danger or hazard to life or property resulting from development within the regulatory floodplain, floodway, or erosion hazard areas. The applicant may be required to execute deed restrictions running with the land or be required to post performance bonds, assurances or such other security as may be appropriate and necessary to assure that performance of the conditions or restrictions of the permit are satisfied and to ensure that the requirements of this title and the NFIP have been satisfied, including the following:
      1.   All other required state and federal permits have been, or will be, obtained;
      2.   The site is reasonably safe from flooding; and
      3.   The proposed development does not adversely affect the flow carrying capacity of the watercourse and floodplain by demonstrating that:
         a.   The individual development will not increase the flow depth by more than one-tenth of one foot at any property line,
         b.   The individual development will not increase the flow velocity by more than one fps or ten percent, whichever is less, as measured at any property line, except when it can be demonstrated that the post-development velocity is not an erosive velocity. The velocity subject to this standard may be the overbank velocity, the channel velocity, or both, as appropriate based on the type of development and its location within the floodplain.
         c.   Encroachments that exceed these limits may be approved by the chief engineer on a case-by-case basis based on engineering analyses and a determination that the encroachment will not cause any adverse impact to adjacent properties, and
         d.   The cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point.
   B.   Examples of conditions that may be imposed include, but are not limited to, the following:
      1.   Relocation of development and structures to areas subject to no or less severe flooding or erosion hazards;
      2.   Elevation of structures and associated service facilities to the regulatory flood elevation;
      3.   Erosion protection;
      4.   Use of flood resistant materials;
      5.   The delineation of maximum encroachment limits;
      6.   The submittal of "as-built" plans, prepared by an Arizona registered civil engineer, that demonstrate that improvements were constructed in conformance with this title;
      7.   Modification of waste disposal and water supply-facilities;
      8.   Limitations on periods of use and hours of operation;
      9.   Institution of operational controls;
      10.   Requirements for construction of channel modifications, dikes, levees, or other protective measures;
      11.   Indemnification agreements whereby the applicant agrees to hold the county, the district and the board, as well as their officers, employees, and agents, harmless; and defend them from any and all claims for damages now and in the future relating to the use of the property sought to be developed by reason of flooding, flowage, erosion, or damage caused by water, whether surface flow, flood, or rainfall;
      12.   Flood proofing measures for nonresidential structures, such as the following, which shall be designed to be consistent with the regulatory flood elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the base flood. The chief engineer may require that the applicant submit a plan or document, sealed by an Arizona registered civil engineer, structural engineer, or architect, that the flood proofing measures are consistent with the regulatory flood elevation and associated flood factors for the particular area. Examples of flood proofing measures that may be required include, but are not limited to:
         a.   Anchorage to resist flotation and lateral movement;
         b.   Installation of watertight doors, bulkheads, and shutters;
         c.   Reinforcement of walls to resist water pressures;
         d.   Use of paints, membranes or mortars to reduce seepage of water through walls;
         e.   Addition of mass or weight to structures to resist flotation;
         f.   Installation of pumps to lower water levels in structures;
         g.   Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters;
         h.   Pumping facilities to relieve subsurface external foundation wall and basement floor pressures;
         i.   Construction designed to resist rupture or collapse caused by water pressure or floating debris;
         j.   Cutoff valves on sewer lines, or the elimination of gravity flow basement drains;
         k.   Elevation of structures or service facilities to the regulatory flood elevation;
         l.   Bank protection, armor plating or other erosion control measures on any proposed fill; and
         m.   Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities designed and/or located to prevent water entry or accumulation.
   C.   An applicant appealing any permitting conditions, interpretation or administration of this title, permit denial or requesting a waiver to specific permit conditions or to engineering standards shall first appeal in writing to the chief engineer as provided in Section 16.56.010.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 7 (E), 1988)
16.20.050   Permit—Denial conditions.
   A.   No permit shall be issued for any development that is not in conformance with this title, or any other provision of law relating to such development. A floodplain use permit shall be denied if the proposed development constitutes a danger or hazard to life or property.
   B.   In making such a determination, the chief engineer shall consider the following factors:
      1.   The danger to life, person, or property due to flood heights, velocities, or redirection of flow caused by the development;
      2.   The danger that materials may be swept onto other lands;
      3.   The proposed water supply and sanitation systems of any development and the ability of these systems to prevent disease, contamination, and unsanitary conditions, if they should become flooded or eroded;
      4.   The susceptibility of the proposed development or its contents to flood or erosion damage, and the effect of such damage on the individual owners;
      5.   The availability of alternative locations for the proposed use on the same property, which are in areas least likely to be subject to flooding or erosion;
      6.   The compatibility of the proposed use with existing regulatory floodplain uses and with floodplain management programs anticipated in the foreseeable future;
      7.   The relationship of the proposed use to any comprehensive plan and floodplain management program for the area;
      8.   The ability of conventional and emergency vehicles to access the property in times of flooding;
      9.   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site under both existing and proposed conditions;
      10.   Where disturbance to riparian habitat can be avoided, by the availability of alternative locations for the proposed use on the same property, as required under Chapter 16.30 of this title; and
      11.   Such other factors that may be relevant to the purposes of this title.
   C.   Any applicant aggrieved by the written finding of the chief engineer to deny a permit may appeal that decision pursuant to Chapter 16.56 of this title.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 7 (D), 1988)
16.20.060   Permit—Revocation.
   Failure to comply with any term or condition of a floodplain use permit or provision of this title shall be grounds for revoking the floodplain use permit.
   A.   When the chief engineer determines the permittee has not complied with any term or condition of a floodplain use permit, the chief engineer may issue a written stop work order provisionally revoking the floodplain use permit pending a hearing. The written stop work order shall be delivered by registered mail or personal delivery to the permittee citing the reasons for revocation.
   B.   The person holding the floodplain use permit may request a hearing before the chief engineer where the merits of and reasons for revoking the permit are heard within ten working days from the receipt of notice or personal delivery.
   C.   If no request for a hearing is made within fifteen working days from the receipt of notice or personal delivery, the permit shall be considered revoked and the chief engineer shall issue a written finding to revoke the permit.
   D.   If a hearing is held, after considering the issues and facts presented during the hearing, the chief engineer shall issue a written finding to either reinstate or revoke the permit.
   E.   The applicant may appeal the written finding of the chief engineer to revoke a permit by requesting a hearing before the board in accordance with Chapter 16.56 of this title.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 7 (G), 1988)
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