FLOODPLAIN AND DRAINAGE (2026)

Chapter 17.5

FLOODPLAIN AND DRAINAGE

Sec. 17.5-1.

Sec. 17.5-2.

Sec. 17.5-3.

Sec. 17.5-4.

Sec. 17.5-5.

Sec. 17.5-6.

Sec. 17.5-7.

Sec. 17.5-8.

Sec. 17.5-9.

Sec. 17.5-10.

Sec. 17.5-11.

Sec. 17.5-12.

Requirements and regulations established; short title.

Definitions.

The floodplain administrator.

Appeals and variances.

Interpretation.

Warning and disclaimer of liability.

Prohibited development.

Development requirements to be met for issuance of a permit.

Requirement for certifications and required permits.

Obstruction of a waterway prohibited.

Removal of obstructions.

Penalties.

CD17.5:1

FLOODPLAIN AND DRAINAGE

Sec. 17.5-1. Requirements and regulations

established; short title.

(a) It is the purpose of this chapter to establish

requirements and regulations pertaining to the

use and development of land in the Community

which will minimize the occurrence of losses,

hazards and conditions adversely affecting the

public health, safety and general welfare which

might result from flooding caused by the surface

runoff of rainfall.

§ 17.5-2

Flood or flooding means a general and temporary condition of partial or complete inundation of

normally dry land areas from:

(b) This chapter may be referred to as the

floodplain and drainage ordinance.

(Code 1981, § 17.5-1; Code 2012, § 17.5-1; Ord. No.

SRO-185-95, § A, 10-26-1994; Ord. No. SRO-4022012, § 17.5-1, 5-30-2012)

Sec. 17.5-2. Definitions.

(1)

The overflow of floodwaters;

(2)

The unusual and rapid accumulation or

runoff of surface waters from any source;

and/or

(3)

The collapse or subsidence of land along

the shore of a lake or other body of water

as a result of erosion or undermining

caused by waves or currents of water

exceeding anticipated cyclical levels or

suddenly caused by an unusually high

water level in a natural body of water,

accompanied by a severe storm, or by an

unanticipated force of nature, such as

flash flood, or by some similarly unusual

and unforeseeable event which results in

flooding as defined in this definition.

Unless specifically defined as follows, words or

phrases used in this chapter shall be interpreted

so as to give them the meaning they have in

common usage and to give this chapter its most

reasonable application:

Floodplain or floodprone area means any land

area susceptible to being inundated by water from

any source.

Appeal means a request for a review of the

floodplain administrator's interpretation of any

provision of this chapter or a request for a variance.

Floodplain administrator means the Community development director or designee who is

authorized by this chapter to administer its provisions.

Base flood means the flood having a one percent chance of being equaled or exceeded in any

given year. This is also called a 100-year flood.

Basement means the lowest level or story of a

structure which has its floor subgrade on all sides.

Construction means new construction of or

substantial improvements to a structure.

Detention basin means a hydraulic structure

similar to a reservoir that intercepts and retards

or detains stormwater and is specifically designed

to attenuate or dampen peak discharge rates.

Development means any manmade change to

improved or unimproved real estate, including

but not limited to construction, mining, excavation, filling, grading, paving or farming.

Environmentally sensitive lands means environmentally sensitive lands as defined in regulations adopted pursuant to this chapter.

Floodproofing or flood protection means any

combination of structural and nonstructural additions, changes, or adjustments to structures,

including utility and sanitary facilities, which

would preclude the entry of water. The structure

must be watertight, with walls which are substantially impermeable to the passage of water. Structural components shall have the capability of

resisting hydrostatic and hydrodynamic loads and

the effect of buoyancy.

Floodway means the channel of a river or other

watercourse and the adjacent land areas necessary in order to discharge the 100-year flood

without cumulatively increasing the water surface elevation more than one foot above the base

floodwater surface elevation.

Grading means an excavation or filling of land

or combination thereof.

Lowest floor means the lowest floor of the

lowest enclosed area (including basement). An

CD17.5:3

§ 17.5-2

COMMUNITY CODE OF ORDINANCES

unfinished or flood resistant enclosure, usable

solely for parking of vehicles, building access or

storage in an area other than a basement area is

not considered a building's lowest floor; provided,

that such enclosure is not built so as to render the

structure in violation of the applicable nonelevation design requirements of this chapter.

Natural areas means those areas within environmentally sensitive areas which are required to

be retained in a natural state, including areas

stipulated as such through the zoning process.

Special conditions relating to environmentally

sensitive lands will apply to such natural areas.

clude the installation on the property of accessory

buildings, such as garages or sheds not occupied

as dwelling units or not part of the main structure.

Structure means a walled and roofed building

or a gas or liquid storage tank that is principally

above ground. The term "structure" includes, but

is not limited to, houses, commercial buildings,

factories, storage buildings, mobile homes and

similar structures.

Substantial improvement.

(1)

Regulatory base flood elevation means the water surface elevation of the base flood.

Regulatory floodway means the channel of a

wash or other watercourse and the adjacent land

areas that must be reserved in order to discharge

the base flood without raising the water surface

elevation more than one foot above the base

floodwater surface elevation.

Residential structure means a place of residence and may be a single-family or multifamily

dwelling.

a.

Improvement is started; or

b.

Damage occurred, if the structure

has been damaged and is being restored.

For the purposes of this subsection of this

definition, substantial improvement is considered to occur when the first alteration

of any wall, ceiling, floor or other structural part of the building commences,

whether or not that alteration affects the

external dimensions of the structure.

Retention basin means a hydraulic structure

similar to a reservoir that intercepts and stores

stormwater and is specifically designed to be

drained to the underground or to be emptied by

evaporation to the atmosphere.

Start of construction for purposes of this chapter only, includes substantial improvement, and

means the date the building permit was issued,

provided the actual start of construction, repair,

reconstruction, placement, or other improvement

was within 180 days of the permit date. The

actual start means either the first placement of

permanent construction of a structure on a site,

such as the pouring of slab or footings, the installation of piles, the construction of columns, or any

work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land

preparation, such as clearing, grading and filling;

nor does it include the installation of streets

and/or walkways; nor does it include excavation

for a basement, footings, piers, or foundations or

the erection of temporary forms; nor does it in-

The term "substantial improvement"

means any repair, reconstruction or improvement of a structure, the cost of which

equals or exceeds 50 percent of the market value of the structure either before

the:

(2)

The term "substantial improvement does

not include any alteration to comply with

existing local health, sanitary, building or

safety codes or regulations which are solely

necessary to ensure safe living conditions.

Variance means a grant of relief from some of

the requirements of this chapter which permits

construction in a manner that would otherwise be

prohibited by this chapter.

Waste disposal system means any system of

disposing of worthless materials and useless

byproducts, either sanitary or commercial or industrial, except: existing single-family septic systems and sanitary sewer pipe lines.

Watercourse means a lake, river, creek, stream,

wash, arroyo, channel or other topographic feature on or over which waters flow at least period-

CD17.5:4

FLOODPLAIN AND DRAINAGE

ically. The term "watercourse" includes specifically designated areas in which substantial flood

damage may occur.

(Code 1981, § 17.5-2; Code 2012, § 17.5-2; Ord. No.

SRO-185-95, § B, 10-26-1994; Ord. No. SRO-4022012, § 17.5-2, 5-30-2012)

Sec. 17.5-3. The floodplain administrator.

(a) Designated. The Community development

department director or designee shall be the floodplain administrator.

(b) Responsibilities. It is the responsibility of

the floodplain administrator or his or her authorized representative to do the following:

(1)

Review all applications for development

permits and ensure that the requirements of this chapter are enforced.

(2)

Take action on violations of the regulations in this chapter.

(3)

Review proposed development documents

to ensure that necessary permits required

by section 404 of the Clean Water Act (33

USC 1344) have been obtained for such

development prior to issuance of any development permits.

(4)

Administer the processing of requests for

a variance from the requirements of this

chapter, maintain records of all actions

taken.

(Code 1981, § 17.5-3; Code 2012, § 17.5-3; Ord. No.

SRO-185-95, § C, 10-26-1994; Ord. No. SRO-4022012, § 17.5-3, 5-30-2012)

Sec. 17.5-4. Appeals and variances.

(a) A person may appeal to the Community

Council for a variance or for a judgment on the

interpretation of this chapter. The Community

Council upon the recommendation of the land

management board may grant a variance if conditions would not be created by the variance

which would result in danger or damage to persons or property and if strict application of the

regulations would deprive the property owner of

privileges enjoyed by similar property in the floodplain. The subsections of this section describe the

conditions applicable to the granting of a variance.

§ 17.5-5

(b) A variance shall not be granted for property within a regulatory floodway if the water

surface elevation during a base flood discharge

would result in an increase in water surface

elevation greater than one foot.

(c) A variance may be granted in conformance

with subsections (d), (e) and (f) of this section for

new construction and substantial improvements

to be erected on a lot of one-half acre or less in size

contiguous to and surrounded by lots with existing structures with lowest floors constructed below the base flood level.

(d) A variance shall only be granted upon the

determination of the following: Granting the variance will not allow conditions to be created which

result in increased floodwater heights, additional

threats to public safety, extraordinary public expense, the creation of nuisances, the causing of

fraud or victimization of the public, or conflict

with other laws or ordinances.

(e) A variance shall only be granted upon a

determination that the variance is the minimum

necessary, considering the flood hazard, to afford

relief for the applicant.

(f) The floodplain administrator shall notify

the applicant in writing that the following condition will exist as a result of the variance.

(1)

Construction of a lowest floor below the

base flood level will result in increased

premium rates for flood insurance.

(2)

Construction below the base flood level

increases risks to life and property.

(g) While the granting of variances generally

is limited to a lot size less than one-half acre,

deviations from this limit may be considered by

the floodplain administrator; however, as the lot

size is increased beyond one-half acre, the technical justifications required for a variance must be

more detailed and comprehensive.

(Code 1981, § 17.5-4; Code 2012, § 17.5-4; Ord. No.

SRO-185-95, § D, 10-26-1994; Ord. No. SRO-4022012, § 17.5-4, 5-30-2012)

Sec. 17.5-5. Interpretation.

In the interpretation and application of this

chapter, all provisions shall be:

CD17.5:5

(1)

Considered as minimum requirements;

§ 17.5-5

(2)

COMMUNITY CODE OF ORDINANCES

Liberally construed in favor of the Community; and

(3)

Deemed neither to limit or repeal any

other powers granted under law.

(Code 1981, § 17.5-5; Code 2012, § 17.5-5; Ord. No.

SRO-185-95, § E, 10-26-1994; Ord. No. SRO-4022012, § 17.5-5, 5-30-2012)

Sec. 17.5-6. Warning and disclaimer of liability.

The degree of flood protection provided by the

requirements in this chapter is considered reasonable for regulatory purposes and is based on

scientific and engineering considerations. Floods

larger than the base flood can and will occur on

rare occasions. Floodwater heights may be increased by manmade or natural causes. This

chapter does not imply that land outside the

areas of special flood hazards or uses permitted

within such areas will be free from flooding or

flood damages. This chapter shall not create liability on the part of the Community, any officer or

employee thereof, or the federal government for

any flood damages that result from reliance on

this chapter or any administrative decision lawfully made thereunder.

(Code 1981, § 17.5-6; Code 2012, § 17.5-6; Ord. No.

SRO-185-95, § F, 10-26-1994; Ord. No. SRO-4022012, § 17.5-6, 5-30-2012)

(b) Waste disposal systems shall not be installed wholly or partially in a floodway and/or a

regulatory floodway. Replacement of existing systems will be reviewed on an individual basis and

may be granted a variance.

(Code 1981, § 17.5-7; Code 2012, § 17.5-7; Ord. No.

SRO-185-95, § G, 10-26-1994; Ord. No. SRO-4022012, § 17.5-7, 5-30-2012)

Sec. 17.5-8. Development requirements to be

met for issuance of a permit.

Prior to the issuance of a permit by the Community for development on private property or for

work in the public rights-of-way, the applicant for

the permit shall furnish the floodplain administrator information as required to determine that

all proposed building sites will be reasonably safe

from flooding and sufficient data to enable the

Community development department to determine that the proposed work is not of such a scope

that it would be prohibited in accordance with

subsections (1) and (2) of this section. Reports,

construction plans, and other data submitted in

support of an application for a permit shall comply with the following criteria:

Sec. 17.5-7. Prohibited development.

(a) A development is prohibited if it would

create hazards to life or property by increasing

the potential for flooding either on the property to

be developed or on adjacent property or to any

other property. A watercourse may not be altered.

Alteration within the meaning of this section

includes, but is not limited to: Encroachments,

fill, new construction, substantial improvements

to existing developments, and other construction

within a watercourse, unless a professional engineer certifies that the alterations will not increase

flooding hazards within, upstream or downstream

of the altered portion of the watercourse.

CD17.5:6

(1)

Drainage reports. When a drainage report

is required, it must be prepared and sealed

by a civil engineer registered as a professional engineer in the State of Arizona,

and it must be prepared in accordance

with the criteria established by the Community. The purpose of the report is to

analyze the effect that a proposed development would have upon the rainfall runoff in the vicinity of the development, to

provide data to ensure that the development is designed to be protected from

flooding, to provide data to ensure that

the development is to be designed to minimize flooding and to provide data supporting the design of facilities to be constructed for the management of rainfall

runoff. Each drainage report must consider rainfall runoff from storms with a

return frequency up to and including a

100-year storm. The complexity of the

report depends upon the nature of the

development and the site on which the

FLOODPLAIN AND DRAINAGE

development will occur. A drainage report

shall be submitted by an applicant requesting one of the following:

(2)

a.

A permit for grading, unless the requirement is waived by the floodplain administrator.

b.

A permit to construct right-of-way

improvements.

c.

A permit to construct any structure,

except that a report will not be required if the structure is to be a

single-family residential structure to

be built without a basement and to

be located at a site which the floodplain administrator has determined

will not be in the vicinity of a watercourse in which the flow of rainfall

runoff might be hazardous to the

structure or its occupants.

Drainage characteristics. Rainfall runoff

from storms of all return frequencies should

enter and depart from property after its

development in substantially the same

manner as under predevelopment conditions. Any proposals to modify drainage

characteristics must be fully justified by

engineering data which shall demonstrate to the floodplain administrator that

hazards to life and property will not be

increased by the proposed modifications.

As a minimum, drainage and flood control

easements will be dedicated to the Community to the extent of the estimated

100-year flood for all watercourses having

a capacity of 25 cubic feet per second or

greater, and the development shall be

responsible for the maintenance of the

watercourse. Exceptions to this regulation will be for environmentally sensitive

lands and other areas covered by master

drainage plans or other provisions of this

chapter which ensure that the standards

established by this section are met. Any

proposed modification must be compatible

with environmentally sensitive lands criteria.

CD17.5:7

(3)

§ 17.5-8

Street crossings at natural or manmade

drainage channels.

a.

The crossing structure requirements

listed herein will normally apply;

however, the engineer may depart

from these requirements if he or she

can demonstrate to the floodplain

administrator's satisfaction that they

are inappropriate because of the type

of development or the nature of the

terrain or because the requirements

violate environmentally sensitive land

ordinances. In extreme cases it may

be necessary to allow for the entire

channel flow to pass over the road.

1.

Local and minor collector streets

shall have a culvert or bridge

which is capable of carrying all

of the peak flow of runoff from a

ten-year frequency storm beneath the roadway and which

is also capable of carrying

enough of the peak flow of runoff from a 25-year frequency

storm beneath the road so that

the portion of the flow over the

road is no more than six inches

deep.

2.

Major collector and major or

minor arterial streets shall have

a culvert or bridge which is

capable of carrying all of the

peak flow of runoff from a 50year frequency storm beneath

the roadway and which is also

capable of carrying enough of

the peak flow of runoff from a

100-year frequency storm so that

the portion of the flow over the

road is no more than six inches

deep.

3.

Watercourse crossings for roads

shall be designated so that all

lots and structures within a

development will be accessible

from the boundary of that development by at least one route

during the period of peak flow

of runoff from a 100-year fre-

§ 17.5-8

(4)

(5)

COMMUNITY CODE OF ORDINANCES

quency storm. The boundary

shall include any adjacent street

or streets. Accessibility will be

considered to exist if it can be

demonstrated by the engineer

that at the time of the peak

flow the depth of flow over the

road will be no greater than

one foot.

b.

Regardless of the size of the culvert

or bridge, the street crossing should

be designed to convey the 100-year

storm runoff flow under and/or over

the road to the area downstream of

the crossing to which the flow would

have gone in the absence of the street

crossing. The construction of a channel crossing must not cause the diversion of the drainage flows except

when that diversion is part of an

approved plan for modification of

drainage patterns.

Streets as water carriers. It is expected

that streets will carry water from adjacent property and from local areas, but

they are not to be used as major water

carriers in lieu of natural washes or

manmade channels. The maximum depth

for water flowing in any street shall be

eight inches during the peak runoff from a

100-year frequency storm. The above requirements imply that in some cases water may flow deeper than a normal vertical curb height and may flow for a short

distance over sidewalk or other back-ofcurb areas, but the flow of the water shall

always be confined to the road right-ofway or to drainage easements. Particular

care must be taken in street sag locations

to ensure that these requirements are

met. Catchbasins, scuppers or similar facilities, together with the necessary channels, must be provided at appropriate

locations to remove water flowing in the

streets so as not to exceed the above

described depth limit.

Design procedures and criteria. The design procedures and criteria to be used

shall be in accordance with those prepared and published by the Community.

CD17.5:8

(6)

Lowest floor elevations in residential structures.

a.

b.

New residential structures (single or

multifamily) shall be constructed according to one of the two following

requirements:

1.

The lowest floor shall be constructed at an elevation which

is a minimum of one foot above

the base floodwater surface elevation. In all cases the finished floor elevation shall be a

minimum of 14 inches above

the lot outfall elevation.

2.

The lowest floor may be constructed below the base floodwater surface elevation, but

floodproofing shall be provided

for the structure to an elevation which is at least one foot

above the base floodwater surface elevation. In all cases the

finished floor elevation shall be

a minimum of 14 inches above

the lot outfall elevation.

In those single-family residential

structures which are to be built without a basement and located at a site

which the floodplain administrator

has determined will not be in the

vicinity of a watercourse in which

the flow of rainfall runoff might be

hazardous to the structure or its

occupants, the elevation of the lowest floor may be established by the

method described in this subsection

as follows: The floor elevations chosen for the residence may be indicated on a topographic plan of the

building site parcel which shows the

construction pad site and any grading proposed on the parcel. This plan

must be prepared and sealed by a

civil engineer or architect registered

as a professional engineer or architect in the State of Arizona. The floor

elevations indicated on the plan are

to be elevations certified by the engineer or architect sufficiently high

FLOODPLAIN AND DRAINAGE

to provide protection during the base

flood in the event of flooding caused

by a 100-year storm.

(7)

Lowest floor elevations in nonresidential

structures.

a.

b.

New nonresidential structure or the

substantial improvement of an existing nonresidential structure shall be

constructed according to one of the

following requirements:

1.

The lowest floor shall be constructed at an elevation which

is at or above the base floodwater surface elevation.

2.

The lowest floor may be constructed below the elevation of

the base floodwater surface elevation but floodproofing shall

be provided for the structure to

an elevation which is at least

as high as the base floodwater

surface elevation.

Adequate drainage paths must be

constructed to guide floodwaters

around and away from the structures.

(8)

Reference to regulatory base floodwater

surface elevations on development plans.

The grading and drainage plans for any

development adjacent to a regulatory

floodway and the grading and drainage

plans for any development which proposes to modify an existing regulatory

floodway as a part of the development

must indicate the base floodwater surface

elevations.

(9)

Information pertaining to flood protection

to be placed on building plans. The following subsections describe requirements for

information which shall be placed on building plans for both residential and nonresidential structures. Depending upon the

type of structure and its location, one or

more of the subsections will apply:

a.

The proposed elevation of the lowest

floor must be shown, regardless of

the type of structure or its location.

CD17.5:9

§ 17.5-8

b.

If the structure is to be built in a

regulatory floodway, the base floodwater surface elevation must be

shown.

c.

If the structure is to be floodproofed,

the elevation to which the floodproofing will be provided must be shown.

(10) Minimizing the potential for flood damage. Within any area of the Community

where the floodplain administrator determines that the land is subject to flooding,

all development, including substantial improvements to structures, must meet the

following requirements:

a.

All structures shall be anchored to

their foundations to prevent flotation, collapse, or lateral movement.

b.

Building construction materials and

utility system equipment shall be

resistant to flood damage.

c.

The construction methods and practices shall be those which minimize

flood damage.

d.

Multiple occupancy developments

such as subdivisions, shopping centers, etc., shall have their public

utility systems such as sewer, water,

gas and electric lines and their associated facilities located and constructed in a manner to minimize or

eliminate the potential for flood damage. The developments must be constructed with drainage systems which

will minimize the exposure to flood

damage.

e.

New and replacement water supply

systems shall be designated and constructed to minimize or eliminate

infiltration of floodwater into the systems.

f.

New and replacement sanitary sewage systems shall be designed and

constructed to minimize or eliminate

infiltration of floodwaters into the

systems and the discharge of sewage

into the floodwaters.

§ 17.5-8

COMMUNITY CODE OF ORDINANCES

(11) Stormwater detention or retention storage

facilities.

a.

Except as noted below, development

of all land within the Community

must include provisions for the management of stormwater runoff from

the property which is to be developed. This management shall consist of constructing stormwater storage facilities which includes detention

basins. Stormwater storage facilities

will provide reduced peak rates of

outlet flow from the developed property onto downstream property in

comparison to the peak rates of runoff flow from the same property under natural conditions with no development. As a minimum, all

development will make provisions to

store runoff from rainfall events up

to and including the 100-year twohour duration event. If a suitable

outlet for a detention basin is not

available, or if engineering analysis

indicates that available outlet systems would be overtaxed by a detention basin outflow a retention basin

may be constructed in lieu of a detention basin. The requirement for

construction of a detention system or

a retention basin may be waived in

the following cases:

1.

The runoff has been included in

a storage facility at another location.

2.

An application for a building

permit to construct a singlefamily residential structure.

3.

Development adjacent to a

floodway or a watercourse drainage channel which has been

determined by the Community

development department using

engineering analyses provided

by the development to have been

designed and constructed to

handle the additional runoff flow

without increasing the potential for flood damage on any

other downstream property.

CD17.5:10

4.

Development of a parcel under

one-half acre in an area where

it can be demonstrated by engineering analyses that no significant increase in the potential

for flood damage will be created

by the development.

If storage is waived, the development shall be required to contribute

to the cost of public drainage works

on the basis of runoff contribution.

b.

Stormwater storage facilities shall

be designed and constructed according to the procedures and criteria

established by the Community including the following:

1.

The extent of the area to be

used to estimate development

storage requirements is the entire proposed development including: streets, alleys, easements and rights-of-way, and

one-half or other fractional parts

of streets, alleys, easements and

rights-of-way.

2.

If possible, storage facilities are

to be located so they can intercept the flow from the entire

development.

3.

If portions of the area cannot

drain to a primary storage facility then additional facilities

are to be added for these additional areas as approved by the

director of the Community development department. These

facilities may include individual lot retention.

4.

No stormwater storage facility

shall detain or retain standing

water longer than 36 hours if

the basin has not been designed and constructed to be a

permanent body of water with

appropriate health, safety, and

water quality measures for such

a body of water.

FLOODPLAIN AND DRAINAGE

c.

Stormwater storage facilities are to

be drained by either controlled bleedoff, discharge pump and, in limited

cases, by infiltration or dry well or

injection wells. Controlled bleed-off

or pumping to a recognized watercourse is the preferred method. Methods

which

discharge

stored

stormwater to the underground must

be approved by the floodplain administrator.

(12) Parking in flood hazard areas. Parking

areas shall be permitted within regulatory floodways provided that there will be

no overnight parking, that there will be

no unattended vehicles, and that there

will be no obstruction to the natural flow

of water.

a.

Overnight parking shall be considered to exist when a vehicle is left

unattended during the hours from

sunset to sunrise.

b.

The term "unattended" means that

the owner or authorized driver cannot reasonably be expected to be

available to remove the vehicle before flooding occurs.

Whenever parking is permitted within

regulatory floodways, warning signs shall

be posted by the parking area owner to

indicate that the parking area is subject

to flooding.

(13) Special considerations in environmentally

sensitive land areas.

a.

Existing watercourses with a capacity of 50 cubic feet per second or

greater, disregarding any estimated

peak discharge values, shall be maintained in their natural state unless

it is determined that alterations are

required to meet other provisions of

this chapter.

b.

A drainage and flood control easement will be dedicated to the Community which encompasses the area

required to convey the base flood in

the watercourse.

§ 17.5-9

c.

Road-wash crossings may disrupt the

natural channel beyond the right-ofway limits if engineering investigations determine the need, and are

approved by the director of project

review.

d.

Stormwater storage facilities may

not be required in areas zoned for

environmentally sensitive development if the Community staff determines that such facilities cannot be

built without conflicting with the

Community's environmentally sensitive lands ordinance requirements.

If on-site stormwater storage facilities requirements are waived, the

development may be required to contribute to the cost of public drainage

works at another location on the

basis of runoff contribution.

e.

All drainage structures and detention facilities shall be constructed in

such a manner as to minimize the

impact on the natural environment,

promote recharge and when finished, shall be revegetated to be compatible with nearby natural areas.

(Code 1981, § 17.5-8; Code 2012, § 17.5-8; Ord. No.

SRO-185-95, § H, 10-26-1994; Ord. No. SRO-4022012, § 17.5-8, 5-30-2012)

Sec. 17.5-9. Requirement for certifications

and required permits.

Before the Community will make a final inspection and grant a utility clearance for a singlefamily residential structure built in a regulatory

floodway, a special flood hazard area or before the

Community will grant a certificate of occupancy

for a structure other than a single-family residential structure built in a regulatory floodway, the

builder must submit certain certificates to the

floodplain administrator. The certificates which

are required pertain to lowest floor elevations,

adjacent ground elevations and floodproofing. The

following subsections describe the required certificates:

(1) Certificates pertaining to elevations shall

be made by either a civil engineer or land

surveyor who is registered to practice in

the State of Arizona.

CD17.5:11

§ 17.5-9

COMMUNITY CODE OF ORDINANCES

(2)

Certificates pertaining to the adequacy of

floodproofing shall be made by a civil

engineer or architect who is registered to

practice in the State of Arizona.

(3)

A certificate shall be submitted stating

the as-built elevation (in relation to mean

sea level) of the lowest floor of each new

structure or substantial improvement to a

structure built in a regulatory floodway. If

the lowest floor is below grade on one or

more sides, the certificate must also state

the elevation of the floor immediately

above the lowest floor. This certificate

must indicate whether the structure does

or does not have a basement. If a structure has been floodproofed, a statement of

the elevation to which the structure was

floodproofed must be included with this

certificate.

(4)

For those structures which have been

built in a regulatory floodway and have

been floodproofed, a certificate shall be

submitted which certifies that the

floodproofing methods are adequate to

withstand the flood depths, pressures, velocities, impact and uplift forces and other

factors associated with the base flood conditions expected at the building site.

(Code 1981, § 17.5-9; Code 2012, § 17.5-9; Ord. No.

SRO-185-95, § I, 10-26-1994; Ord. No. SRO-4022012, § 17.5-9, 5-30-2012)

Sec. 17.5-10. Obstruction of a waterway prohibited.

No person, firm or corporation in the Community shall either obstruct or reduce the capacity of

a watercourse by any use or by filling, dumping,

or constructing or by any other means, except as

provided in this chapter.

(Code 1981, § 17.5-10; Code 2012, § 17.5-10; Ord.

No. SRO-185-95, § J, 10-26-1994; Ord. No. SRO402-2012, § 17.5-10, 5-30-2012)

Sec. 17.5-11. Removal of obstructions.

(a) Any person who owns, occupies, or leases

real property within the Community and who

obstructs or reduces the capacity of a watercourse

other than as provided for in this chapter, shall be

deemed to have created a public nuisance. Such

persons shall be notified in writing, either personally delivered or by certified or registered mail,

return receipt requested, by the floodplain administrator or his or her authorized representative, to

remove said obstructions or the materials creating the reduction of the capacity of a watercourse

within ten days after receipt of said written

notice. If the owner does not reside on such

property, a duplicate shall also be sent to him or

her at his or her last known address.

(b) If the owner, lessee, or occupant of such

real property, after having been given notice as

required by this chapter, does not comply and

abate such conditions which constitute a public

nuisance, the floodplain administrator shall be

authorized to abate such condition at the expense

of such owner, lessee or occupant.

(c) The floodplain administrator, or his or her

authorized representative, shall prepare a verified statement and account of actual cost of such

abatement, including inspection and other incidental costs in connection with such abatement.

Said verified statement and account is hereby

declared as a debt of such owner, lessee, or occupant. A copy of said statement and account shall

be personally delivered or sent by certified mail,

return receipt requested, to the party served with

the original notice. The Community attorney may

institute an action to collect the debts so created

in the Community court at any time after delivery

of said statement and account.

(d) Within ten days after receipt of the notice

described in subsection (a) of this section, any

person, firm or corporation may appeal the Community's request by serving written notice of

appeal upon the Community secretary and shall

be entitled to a hearing before the administrative

hearing officer on said appeal. In the event such

an appeal is filed, all proceedings shall be stayed

pending disposition of the appeal. Any person,

firm or corporation may also appeal to the Community land management board within ten days

after the receipt of the statement and account

prepared and served pursuant to subsection (c) of

this section the amount of said debt by serving

written notice of appeal upon the Community

secretary which also shall stay all further proceed-

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FLOODPLAIN AND DRAINAGE

ings pending disposition of said appeal. The decision of the land management board shall be final

and not appealable.

(e) When, in the opinion of the floodplain administrator, there is immediate danger to life or

property, constituting an emergency, as the result

of any obstruction or reduction of the capacity of a

watercourse not authorized under this chapter, he

or she may order the immediate abatement of

said condition notwithstanding the notice provisions provided in subsection (a) of this section.

The cost of said abatement shall be collected in

the same manner as other debts, as provided for

in subsection (c) of this section.

(Code 1981, § 17.5-11; Code 2012, § 17.5-11; Ord.

No. SRO-185-95, § K, 10-26-1994; Ord. No. SRO402-2012, § 17.5-11, 5-30-2012)

Sec. 17.5-12. Penalties.

Any person, corporation, partnership or association violating or failing to comply with the provisions of this chapter, shall, upon conviction

thereof, be guilty of a civil offense and be subject

to a fine not to exceed $1,000.00 for each day of

violation. Each day of violation of this chapter

shall constitute a separate civil offense.

(Code 1981, § 17.5-12; Code 2012, § 17.5-12; Ord.

No. SRO-185-95, § L, 10-26-1994; Ord. No. SRO402-2012, § 17.5-12, 5-30-2012)

CD17.5:13

§ 17.5-12