Chapter 26
FLOODPLAIN, STORMWATER, AND EROSION HAZARD MANAGEMENT*

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*   Editors Note: Ord. No. 5777, § 1, adopted May 23, 1983, repealed ch. 26, pertaining to swimming pools, bath houses and bathing places, in its entirety. Former ch. 26 was derived from Ord. No. 3002, § 2, adopted June 26, 1967, as amended by Ord. No. 5722, §§ 1, 3, adopted Feb. 28, 1983. Ord. No. 5802, § 1, adopted July 5, 1983, specifically repealed Ord. No. 5722, §§ 1, 3, from which §§ 26-70 and 26-72 had been derived. For a complete sectional disposition, see the Code Comparative Table at the back of this volume.

Subsequently, Ord. No. 7407, § 5, adopted June 25, 1990, added a new ch. 26.

   Note: Ord. No. 10209, § 1, adopted Oct. 18, 2005, amended the title of ch. 26 to read as herein set out. Prior to inclusion of said ordinance, ch. 26 was entitled, "Floodplain and Erosion Hazard Management."

   Cross References: Spa/pool code, § 6-181 et seq.

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Art. I.   In General, §§ 26-1--26-19

   Div. 1. Floodplain and Erosion Hazard Area Regulations, §§ 26-1--26-19

Art. II.   Stormwater Management, §§ 26-20--26-48

   Div. 1. Purpose and Definitions, §§ 26-20--26-29

   Div. 2. Powers and Duties, §§ 26-30--26-39

   Div. 3. Prohibitions, Non-Prohibited Discharges, and Requirements, §§ 26-40--26-46

   Div. 4. Enforcement, §§ 26-47, 26-48

Article I. In General

Division 1. Floodplain and Erosion Hazard Area Regulations

Sec. 26-1.   Purpose.

Sec. 26-1.1.   Authority.

Sec. 26-1.2.   Applicability.

Sec. 26-1.3.   Basis for establishing areas of special flood hazard.

Sec. 26-1.4.   Methods of reducing flood losses.

Sec. 26-2.   Definitions.

Sec. 26-3.   Floodplain boundaries, elevations.

Sec. 26-3.1.   Floodplain boundary and flood elevation revisions.

Sec. 26-4.   Statutory exceptions.

Sec. 26-4.1.   Nonconforming development.

Sec. 26-5.   Floodplain and erosion hazard area development.

Sec. 26-5.1.   Floodway development.

Sec. 26-5.2.   Floodway fringe development.

Sec. 26-5.3.   Special flood hazard areas.

Sec. 26-6.   Extraction of sand, gravel and other earth products; permit required.

Sec. 26-6.1.   Stockpiling.

Sec. 26-6.2.   Standards for construction of utility systems.

Sec. 26-7.   Erosion hazard areas and setbacks from watercourses.

Sec. 26-7.1.   Setbacks on regional watercourses.

Sec. 26-7.2.   Setbacks on all other watercourses.

Sec. 26-8.   Subdivision and development project requirements.

Sec. 26-9.   Standards for manufactured homes and manufactured home parks and subdivisions.

Sec. 26-10.   Detention/retention systems.

Sec. 26-11.   Floodplain use permit requirements and regulations.

Sec. 26-11.1.   City engineer review of floodplain and erosion hazard area development.

Sec. 26-11.2.   Floodplain use permit procedure.

Sec. 26-11.3.   Penalties, violations, unlawful acts, classifications.

Sec. 26-11.4.   Declaration of public nuisance; abatement.

Sec. 26-12.   Appeals and variances.

Sec. 26-13.   Amendments.

Sec. 26-14.   Enforcement.

Sec. 26-15.   Disclaimer of liability.

Sec. 26-16.   Severability.

Sec. 26-17.   Coordination with other agencies.

Sec. 26-18.   Public hearing.

Sec. 26-19.   Reserved.

Article II. Stormwater Management

Division 1. Purpose and Definitions

Sec. 26-20.   Purpose.

Sec. 26-21.   Consistency.

Sec. 26-22.   Severability.

Sec. 26-23.   Definitions.

Secs. 26-24--26-29.   Reserved.

Division 2. Powers and Duties

Sec. 26-30.   Authorized representative.

Sec. 26-31.   General.

Sec. 26-32.   Authority to enter.

Sec. 26-33.   Warrants, restraining orders, and injunctive relief.

Sec. 26-34.   Authority to inspect.

Sec. 26-35.   Authority to monitor.

Sec. 26-36.   Authority to abate.

Secs. 26-37--26-39.   Reserved.

Division 3. Prohibitions, Non-Prohibited Discharges, and Requirements

Sec. 26-40.   Prohibited discharges.

Sec. 26-41.   Non-prohibited discharges.

Sec. 26-42.   Requirements.

Secs. 26-43--26-46.   Reserved.

Division 4. Enforcement

Sec. 26-47.   Violation notices.

Sec. 26-48.   Penalties and corrective actions.

ARTICLE I. IN GENERAL

DIVISION 1. FLOODPLAIN AND EROSION HAZARD AREA REGULATIONS

Sec. 26-1. Purpose.

These floodplain and erosion hazard area regulations are intended to protect human life and health, and promote and protect the public peace, safety, comfort, convenience, and general welfare; to meet state and federal requirements, thereby allowing residents of the city to purchase flood insurance; receive disaster relief should the need arise, and obtain residential and commercial real estate loans; to manage uses of the floodplains, recognizing that the highest and best use of the regulatory floodplains in the city is for the maintenance of hydrologic and hydraulic processes, with consideration for aesthetics, natural open space, recreation areas and wildlife habitat; to minimize flood and erosion damage; to protect and preserve groundwater recharge; to minimize costs to the city; to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; to encourage the most effective expenditures of public money for drainage projects; to minimize prolonged business interruptions; minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in special flood hazard areas; to help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize blight areas caused by flooding; to notify potential buyers when a property is in a Special Flood Hazard Area; participate in and maintain eligibility for flood insurance and disaster relief; to accommodate anticipated runoff; to preserve the natural areas, streams, washes, arroyos, rivers, and drainage courses in their natural riverine condition whenever possible and that any land use proposal which utilizes this approach be considered superior to all others; to recognize that southwestern watercourses are unstable and that their physical characteristics may change; and to ensure that those who occupy the areas within a regulatory floodplain or erosion hazard area assume the responsibility for their actions.

(Ord. No. 7407, § 5, 6-25-90; Ord. No. 11396, § 1, 8-9-16)

Sec. 26-1.1. Authority.

The mayor and council, pursuant to the powers and jurisdiction vested by A.R.S. title 9, chapter 4, article 6.1, section 9-462.01(A)(8), (9), and title 48, chapter 21, article 1, section 48-3610, et seq., and other applicable laws, statutes, orders and regulations of the city, do hereby exercise the power and authority to adopt floodplain and erosion hazard area regulations for the city. The mayor and council, within city limits, shall delineate through this chapter for areas where development is ongoing or imminent or becomes imminent, the criteria for development within floodplains in a manner that is consistent with the criteria developed by FEMA and the Director of the Arizona Department of Water Resources.

(Ord. No. 7407, § 5, 6-25-90; Ord. No. 10311, § 1, 8-8-06; Ord. No. 11396, § 1, 8-9-16)

Sec. 26-1.2. Applicability.

These floodplain and erosion hazard area regulations shall be applicable and enforceable in all incorporated areas of the city for all developments located within the floodplains, as defined herein, including public lands and to erosion-prone areas (as described in section 26-11.1) located within the corporate limits of the city. This ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 7407, § 5, 6-25-90; Ord. No. 11396, § 1, 8-9-16)

Sec. 26-1.3. Basis for establishing areas of special flood hazard.

The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for Pima County, Arizona, and Incorporated Areas" dated September 28, 2012, with any accompanying flood insurance rate maps (FIRM) and all subsequent amendments and/or revisions thereto are hereby adopted by reference and declared to be a part of this chapter. The FIS is on file with the floodplain section of the Engineering Division at the Planning and Development Services Department. The FIS and FIRM are the minimum areas and standards of applicability of this chapter and may be supplemented by studies for other flood hazard areas which allow implementation of this chapter and which are approved by the city engineer, and may be recommended to the floodplain board and FEMA. All river and basin management plans, or other land use plans approved by the mayor and council, are hereby incorporated into this chapter and made a part thereof by reference. Engineering drainage design standards, approved by the city engineer as revised on an ongoing basis to include the most current practices and methodologies, will be used in creating river and basin management plans.

(Ord. No. 7407, § 5, 6-25-90; Ord. No. 10311, § 1, 8-8-06; Ord. No. 11396, § 1, 8-9-16)