(A) Establishment of development permit. A development permit shall be obtained before construction or development, including the placement of manufactured homes, begins within any area of special flood hazard established in § 13.6-3. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures provided by a certified professional engineer or registered land surveyor; in Zone AO, elevation of existing highest adjacent natural grade and proposed elevation of lowest floor of all structures;
(2) Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria in § 13.6-6(A)(3)(c); and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(B) Designation of the Floodplain Administrator. The Director of the Department of Community Development is hereby appointed to administer, implement and enforce this code by granting or denying development permits in accordance with its provisions.
(C) Duties and responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator shall include, but not be limited to:
(1) Review all development permits to determine that:
(a) The permit requirements of this code have been satisfied;
(b) All other required state and federal permits have been obtained;
(c) The site is reasonably safe from flooding; and
(d) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a floodway has not been designated. For purposes of this code,
ADVERSELY AFFECTS means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point.
(2) Use of other base flood data. When base flood elevation data has not been provided in accordance with § 13.6-3, for example in A Zones for which detailed studies have not been done, or areas subject to flooding which have not been designated by FEMA on FIRMs, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer § 13.6-6. The Floodplain Administrator may require that a hydrologic study which determines base flood elevation be prepared by a professional engineer and be submitted by the property owner prior to the submission of a development or building permit
application. Any such information shall be consistent with the requirements of the Federal Emergency Management Agency and the Director of Water Resources and shall be submitted to the Floodplain Board for adoption;
(3) Obtain and maintain for public inspection and make available as needed for flood insurance policies or effecting increased cost of construction coverage for repetitive loss structures:
(a) The certified elevation required in § 13.6-6(A)(3)(a);
(b) The certification required in § 13.6-6(A)(3)(b);
(c) The floodproofing certification required in § 13.6-6(A)(3)(c);
(d) The certified elevation required in § 13.6-7; and
(e) Permit records for repair of flood-related damage to structures on a cumulative basis over the life of the structure.
(4) (a) Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the Arizona Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration through appropriate notification means; and
2. Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.
(b) Prior to the alteration of any watercourse, the County Engineer shall review and revise as necessary all plans for proposed stream modifications.
(5) Within 120 days after completion of construction of any flood control protective works which change the rate of flow during the flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the Director of Water Resources;
(6) Advise in writing and provide a copy of any development plan, to any city or town which has assumed jurisdiction over its floodplains in accordance with A.R.S. § 48-3610, of any application for a floodplain use permit or variance to develop land in a floodplain or floodway within one mile of the corporate limits of such city or town. The District shall also advise such city or town in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway which could affect floodplains, floodways or watercourses within such city’s or town’s area of jurisdiction. Written notice and a copy of the plan of development shall be sent to such city or town no later than three working days after having been received by the District;
(7) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 13.6-8;
(8) Take actions on violations of this code as required in § 13.6-3(I) herein; and
(9) Notify the Administrator and Director of Water Resources of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
(Ord. 2012-04, passed 12-5-2012)