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(a) Except as otherwise provided in these regulations, it shall be unlawful for any person to establish, erect, alter or relocate a use or structure in the regulatory floodplain or an erosion-prone area as described in section 26-11.1(2) without first obtaining a floodplain use permit from the city engineer.
(b) It shall be unlawful for any person to perform any grading operation in or alteration of any watercourse in violation of this chapter. Without written authorization from the city engineer, any such act, including excavation of any kind, is a public nuisance per se and may be abated, prevented or restrained by action of the city.
(c) No license, permit or other similar approval for any development which would be in conflict with the provisions of this chapter shall be issued by any department, official or employee of the city; and any such license, permit or approval, if issued in conflict with the provisions of this chapter, shall be considered null and void.
(Ord. No. 7407, § 5, 6-25-90)
The city engineer shall review all of the following applications for compliance with these regulations:
(1) Applications for development within a regulatory floodplain and erosion hazard areas.
(2) Applications for development requiring building permits within an area five hundred (500) feet on either side of delineated floodway boundaries in floodplains having watersheds larger than thirty (30) square miles, or two hundred fifty (250) feet on either side of watercourses having watersheds between ten (10) and thirty (30) square miles, and one hundred (100) feet on either side of watercourses having watersheds less than ten (10) square miles shall be reviewed. If, within twenty (20) working days, the city engineer determines that the location is subject to flood or erosion hazards, an application for a floodplain use permit pursuant to section 26-11.2 is required. Property owners may request a preliminary determination from the city engineer for property in such areas prior to any application for actual development.
(3) Applications for subdivision plat approval.
(Ord. No. 7407, § 5, 6-25-90; Ord. No. 11396, § 1, 8-9-16)
(a) General: Upon receiving an application for a floodplain use permit, the city engineer shall, within twenty (20) working days, review the application to ensure that the site is reasonably safe from flooding, declare the application complete, or:
(1) Require the applicant to submit, where applicable, plans in triplicate drawn to scale, showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures (existing nonresidential structures only), and the relationship of the above to the location of any watercourse channel, floodway, regulatory floodplain, erosion hazard area boundaries, and the regulatory flood elevation of the structures. All elevations or vertical distances must be referenced to an established datum or base elevation.
(2) Require the applicant to furnish as much of the following additional information as the city engineer deems necessary for the evaluation of effects of the proposed development upon flood flows and erosion:
a. A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information.
b. Plan (surface view) showing elevations or contours of the ground; structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply lines, sanitary sewers and waste disposal facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.
c. Profile showing the slope of the bottom of the channel or flow line of the stream or watercourse.
d. Specifications for building construction and materials, filling, dredging, grading, channel improvement, storage of materials, water, and sewage facilities.
e. An engineering study prepared by a state-registered professional 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 or structures, land, banks, etc., for the adjacent regulatory floodplain and the surrounding area.
f. A soils investigation study prepared by a state-registered professional civil engineer, outlining the determination of the erosive properties of areas or lands to be graded or disturbed which may create sediment deposition or erosion in any watercourse or watershed regulated by this chapter.
(3) Require applicants to submit an additional copy of the development plan and/or subdivision plat, including the pertinent reports of the studies performed for forwarding to the county flood control district ("district"), if the proposed development in the floodplain is located within one (1) mile of the boundary between the city and the district's area of jurisdiction. The city 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 which could affect regulatory floodplains, floodways, erosion hazard areas or watercourses within the district's area of jurisdiction. Written notice as required above and a copy of the plan of development shall be sent to any adjacent jurisdiction no later than three (3) working days after having been received by the city.
(4) Require the applicant to obtain all necessary permits from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. 1334.
(b) Conditions: Any floodplain use permit may be subject to conditions or restrictions designed to reduce or mitigate the potential damage or hazard to life or property resulting from development within the regulatory floodplain, floodway or erosion hazard areas.
Any grading or alteration (including excavation) of any watercourse regulated by this chapter shall be controlled to minimize the loss of soil through erosion from rainfall or stormwater flowage. Methods to control erosion and sedimentation must be demonstrated to the satisfaction of the city engineer prior to the granting of a floodplain use permit for any work in any floodplain. Both temporary and permanent measures for sediment and erosion control must be clearly delineated on plans or other written documents prior to receiving a floodplain use permit.
Examples of conditions that may be imposed include, but are not limited to, the following:
(1) Modification of sanitary sewer, waste disposal, and water supply facilities.
(2) Limitations on periods of use and hours of operation.
(3) Imposition of operational controls, sureties related to temporary uses, and deed restrictions.
(4) Requirements for construction of channel modifications, dikes, levees and other protective measures.
(5) All new construction and substantial improvements (including the placement of prefabricated buildings and manufactured homes) shall:
a. Be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure;
b. Be constructed with materials and utility equipment resistant to flood and erosion damage; and
c. Be constructed by methods and practices that minimize flood and erosion damage.
(6) Indemnification agreements whereby the applicant agrees to hold the city and its officials, 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, flood or rainfall.
(7) Dry floodproofing measures for existing nonresidential structures, 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 city engineer may require that the applicant submit a plan or document certified by a state-registered professional civil engineer that the floodproofing measures are consistent with the regulatory flood elevation and associated flood factors for the particular area. Examples of floodproofing measures may be obtained from the city engineer approved drainage design standards. Floodproofing for nonresidential structure construction or new or substantial damage repairs or improvements shall either be elevated to conform to regulations, or together with attendant utility and sanitary facilities:
a. Be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. If structure is elevated, be certified by a registered professional surveyor as certified by an accepted dry floodproofing elevation certificate;
d. If structure is floodproofed by other means than elevating, be certified by a civil engineer.
(8) Wet floodproofing requires flood vent certification. All new construction and substantial damage repairs or improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. Designs for meeting this requirement must meet or exceed the following criteria:
a. Have a minimum of two (2) openings, on different sides of each enclosed area, having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
b. Alternatively, a registered civil engineer may design and wet-floodproof-certify the openings.
(c) Revocation of Permit: Any person who fails to comply with the terms of the floodplain use permit or has created situations that can be a danger to life and property as determined by the city engineer shall be subject to revocation of the floodplain use permit by the city engineer upon written notice by registered mail to the applicant citing the reasons for revocation. The person holding the floodplain use permit or any affected party may appeal the decision of the city engineer by requesting in writing a hearing before the floodplain board in accordance with section 26-12.
(d) Removal of violation: Upon written notice, the city engineer may cause any structure, encroachment or work constructed without a floodplain use permit, or which is in violation with the terms of a permit, to be removed immediately at the expense of the person who caused the structure, encroachment or work if the structure, encroachment or work will cause an immediate danger to life and property.
(e) Recovery of costs: The city shall be entitled to recover all costs, administrative, engineering and legal, as well as actual costs to remove or modify the structure, encroachment and/or any other work in violation of this chapter.
(f) Factors upon which a decision of the city engineer shall be based: In reviewing floodplain use permit applications, the city engineer shall consider, in addition to relevant factors specified in other sections of these regulations, any other provision of law relating to such development. In making such a determination, the city engineer may consider the following factors:
(1) The danger to life and property due to increased flood heights, velocities or altered direction of flow caused by the development.
(2) The danger that materials may be swept onto other lands or downstream to cause injury to others.
(3) The proposed water supply, sanitary sewer systems and waste disposal systems of any development and the ability of these systems to prevent disease, contamination and unsanitary conditions due to flooding and/or erosion.
(4) The susceptibility of the proposed development and/or its contents to flood and erosion damage and the effect of such damage on the individual owner.
(5) The availability of alternative locations for the proposed use on the same property which are not 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, basin management plan, neighborhood plan, and floodplain management program for the area.
(8) The safety of access to the property in times of flood for conventional and emergency vehicles.
(9) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site under both existing and proposed conditions.
(10) The enhancement and preservation of groundwater recharge and the potential pollution of the groundwater supply.
(11) Such other factors, including but not limited to cost to the city, which are relevant to the purposes of these regulations.
(12) Documentation that all necessary permits have been obtained from state and federal agencies.
(g) Decision: The city engineer shall, within twenty (20) working days of the application's being declared complete, render a decision on the floodplain use permit. A floodplain use permit shall be denied if the proposed development constitutes a danger or hazard to life and/or property.
(h) Certificate of flood elevation: Prior to the issuance of final occupancy permits for development undertaken pursuant to a floodplain permit, the applicant shall submit, on a form provided by the city, certification that the elevation (in relation to mean sea level) of the lowest floors (including basement) of all new or substantially improved, or substantially damage repaired, structures is at or above the regulatory flood elevation. The certificate shall also disclose the method used to determine the regulatory flood elevation and the required erosion hazard setback, if any. The certification shall be signed by a state-registered professional civil engineer or land surveyor. Following acceptance of a certificate by the city engineer, a copy shall also be maintained in the building safety division records of the development. For elevation certificate for projects in SFHA or other jurisdictional floodplains, use current FEMA form for both stages for Building Under Construction and for Finished Construction.
The city engineer shall maintain for public inspection and furnish upon request, for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on an FHM or FIRM, any certifications and information on the elevation (in relation to mean sea level) of the level of the lowest flood (including basement) of all new or substantially improved structures.
(i) Floodplain administrator is responsible for record keeping and shall obtain and maintain for public inspection and make available as needed:
(3) Certification required by section 26-11.2(b)(8) (flood vents);
(5) Certification required by section 26-5.1(5) (floodway encroachments);
(6) Records of all variance actions, including justification for their issuance;
(7) Obtain and maintain improvement and damage calculations required in section 26-4.1(2);
(j) Fees: The following fees are imposed on applications for floodplain use permits:
Flood status requests . . . . . $ 15.00
Floodplain use permit . . . . . 50.00
Review of engineering studies, including review of first resubmittal . . . . . 150.00
Review of subsequent resubmittals . . . . . 300.00
(Ord. No. 7407, § 5, 6-25-90; Ord. No. 11396, § 1, 8-9-16)
(a) Civil infraction: Except as provided in subsection (b) below, it is unlawful and is hereby declared a civil infraction for any person to:
(1) Fail to obtain any floodplain use permit; or
(2) Fail to comply with the terms and conditions of any permit required by this chapter; or
(3) Violate any of the provisions of this chapter.
All violations under this section shall be heard under the procedures set forth in chapter 8 of this Code. Additionally, any person found responsible under this section shall be punished by a fine of not less than fifty dollars ($50.00) and not more than twenty-five hundred dollars ($2,500.00). The administrative hearing officer may also order abatement of the violation. Furthermore, where the provisions of chapter 8 conflict with the provisions of this section, this section shall govern.
(b) Class 2 Misdemeanor: Pursuant to A.R.S. section 48-3615, it is unlawful and is hereby declared a class 2 misdemeanor for any person to engage in any development or by any acts to cause a diversion, retardation or obstruction to the flow of waters in a watercourse whenever it creates a hazard to life or property and without securing the permit required by any provision of this chapter. Any person found guilty of violating this section shall be punished by a fine not to exceed more than seven hundred fifty dollars ($750.00) or four (4) months' imprisonment, or both. In addition, a person convicted of a class 2 misdemeanor may be placed on probation for a period not to exceed twenty-four (24) months.
(Ord. No. 7407, § 5, 6-25-90; Ord. No. 10311, § 1, 8-8-06; Ord. No. 11396, § 1, 8-9-16)
All development located or maintained in a floodplain since August 8, 1973, in violation of Title 48, Chapter 21, Article 1 of the Arizona Revised Statutes or of floodplain regulations established by this chapter and without written authorization from the floodplain board is a public nuisance per se and may be abated, prevented or restrained by action of the City of Tucson. To abate violations, the city may:
(a) Take any necessary action to effect the abatement of such violation; or
(b) Issue a variance to this ordinance in accordance with the provisions of section 26-12 herein; or
(c) Order the owner of the property upon which the violation exists to provide whatever additional information may be required for their determination; or
(d) Submit to the Federal Emergency Management Agency 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 Section 1316 of the National Flood Insurance Act of 1968 as amended.
(Ord. No. 10311, § 1, 8-8-06; Ord. No. 11396, § 1, 8-9-16)
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