Duties of the FPA shall include, but not be limited to:
(A) Permit review. Review all development permits to determine that:
(1) The permit requirements of this chapter have been satisfied;
(2) All other required state and federal permits have been obtained;
(3) The site is reasonably safe from flooding;
(4) The proposed development does not adversely affect the carrying capacity of areas where BFEs have been determined but a floodway has not been designated. For purposes of this chapter,
ADVERSELY AFFECT means that 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) Substantial improvement and substantial damage procedures. Review all development permits for improvements and/or damages to existing structures to determine if the application of the substantial improvement rules apply, including establishing a definition of market value determination and verifying that the estimated improvement and/or repair costs are less than 50% of the market value of the structure.
(C) Use of other base flood data. When BFE data has not been provided in accordance with § 151-06, the FPA shall obtain, review and reasonably utilize any BFE data available from a federal, state or other source, in order to administer §§ 151-18 through 151-24. Any such information shall be consistent with the requirements of FEMA and the Director of the ADWR and shall be submitted to the FPB for adoption.
(D) Obtain and maintain for public inspection.
(2) The floodproofing certification required in § 151-18(C)(2).
(3) The flood vent certification required in Section 151-18(C)(3)(a).
(4) The elevation certification required for additional development standards, including subdivisions, in § 151-21(A)(2).
(5) The floodway encroachment certification required in § 151-24(A).
(6) Records of all variance actions, including justification for their issuance.
(7) Improvement and damage calculations required in § 151-17(B).
(E) Notification of other entities.
(1) Whenever a watercourse is to be altered or relocated:
(a) Notify adjacent communities and the ADWR prior to such alteration or relocation of a watercourse, and submit evidence of such notification to FEMA through appropriate notification means; and
(b) Assure that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.
(2) BFE and rate of flow due to physical alterations:
(a) BFEs may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the FPA shall notify FEMA of the changes by submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
(b) Within 120 days after completion of construction of any flood control protective works which changes 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 the ADWR.
(3) Corporate boundary changes. Notify FEMA and the ADWR of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
(F) Map determinations. Make interpretations, where needed, as to the exact location of the Special Flood Hazard Areas (e.g., 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 §§ 151-25 through 151-27.
(G) Remedial actions. Take actions on violations of this ordinance as required in § 151-14 herein.
(H) Colorado River Floodway requirements. Assure that proposals for development in the Colorado River Floodway and in the Colorado River Floodway Fringe meet the additional requirements described in §§ 151-28 through 151-30, including the review and concurrence by the Bureau of Reclamation before any proposed development in the Colorado River Floodway is permitted.
(I) Establishment of floodplain use permit. A floodplain use (FPU) permit shall be obtained before construction or development begins, including placement of manufactured homes, within any Special Flood Hazard Area established in § 151-06. Application for a FPU permit shall be made on forms furnished by the FPA and may include, but not be limited to, site 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, drainage facilities and the location of the foregoing. Specifically, the following information is required:
(1) For Zone AO, it is required to show the proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures in relation to the existing highest adjacent natural grade and proposed. It is also required to show the proposed elevation relative to mean sea level for any nonresidential structure that will be floodproofed;
(2) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 151-18(C)(2);
(3) BFE data for subdivision proposals or other development greater than 50 lots or five acres, whichever is the lesser; and
(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(5) For all "A" zones and when the FPA has designated areas of SFHA by the publication of community's FIRM but has neither produced water surface elevation data nor identified a floodway, the City shall:
(a) Require a FPU permit for all proposed construction and other developments including the placement of manufactured homes;
(b) Review the proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Clean Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;
(c) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding;
(d) Review subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will reasonably be safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposal shall be reviewed to assure its consistency with the need of minimizing flood damage within flood-prone area. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage with adequate drainage to reduce exposure to flood hazards;
(e) Require within flood-prone areas new and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters in the systems; and
(f) Require within flood prone-areas new and replacement sanitary sewer systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and also require onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding;
(g) Require that all new construction and substantial improvements of residential structures within zones, AE, and AH on the City's FIRM have the lowest floor (including basement) elevated to or above the RFE, unless the City has granted an exception by the FPA for the allowance of basement per Section 60.6(b) or (c) of the NFIP;
(h) Require that all new construction and substantial improvements on nonresidential structures within zones AE and AH zones on the City's FIRM have their lowest floor (including basement) elevated to or above the RFE or together with the attendant utility and sanitary facilities, be designed so that below the BFE the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(i) Where a non-residential structure is intended to be made watertight below the BFE, a registered professional engineer or architect shall develop/review structural design, specifications, and plan for the construction, and shall certify that the design methods of construction are in accordance with accepted standards of practice for meeting applicable provisions of this ordinance. A record of such certificates which includes specific elevation (in relation to mean sea level) to which such structures are flood-proofed shall be maintained with the FPA;
(j) Flood openings shall meet the standards in § 151-18(C)(3);
(k) Require that within any AO zone on the City's FIRM that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade (HAG), at least as high as the depth number specified in feet on the City's FIRM (at least two feet if no depth number is specified);
(l) Require that within any AO zone on the City's FIRM that all new construction and substantial improvements of non-residential structures have the lowest floor (including basement) elevated above the HAG, at least as high as the depth number specified in feet on the City's FIRM (at least two feet if no depth number is specified), or together with attendant utility and sanitary facilities be completely floodproofed to that level mentioned in division (i);
(m) Require within any A99 zones on the City's FIRM, if any, the standards of paragraphs (a)(1) through (a)(4)(i) and (b)(5) through (b)(9) of Section 60.3 of the NFIP;
(n) No new construction, substantial improvements or other development (including fill) shall be permitted within zone AE within City jurisdiction, unless it is demonstrated that 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 BFE more than one foot at any point within the City;
(o) Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.
(Ord. O2006-53, passed 8-16-06; Ord. O2013-62, passed 12-4-13; Ord. O2021-013, passed 7-21-21)