HomeMy WebLinkAboutRES79-48RESOLUTION NO. 79-48
A RESOLUTION OF THE CITY OF APACHE JUNCTION, ARIZONA,
PERTAINING TO THE DEVELOPMENT AND IMPLEMENTATION OF
FLOOD PLAIN MANAGEMENT MEASURES IN CONJUNCTION WITH
THE FEDERAL INSURANCE ADMINISTRATION AND OTHER FEDERAL
STATE AND LOCAL AGENCIES; REPEALING RESOLUTION 79-41:
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL AS FOLLOWS:
WHEREAS, The City of Apache Junction has preliminary information
from the Federal Insurance Administration that certain areas of the
City are potentially subject to periodic flooding; and that serious
damage to properties within these areas may result; and
WHEREAS, relief is available in the form of Federally sub-
sidized flood insurance as authorized by the National Flood Insurance
Act of 1968; and
WHEREAS, it is the intent of this City Council to require the
recognition and evaluation of flood hazards in all official actions
relating to development in the flood plain areas having special flood
hazards.; and
WHEREAS, this body has the legal authority to adopt flood plain
management control measures to reduce future flood losses pursuant to
ARS 45-2342.
NOW, THEREFORE, BE IT RESOLVED, that this City Council hereby;
1. Assures the Federal Insurance Administration that it will enact
as necessary, and maintain in force for those areas having flood
hazards, adequate flood plain management and control measures
with effective enforcement provisions consistent with the criteria
set forth in Section 1910 of the National Flood Insurance Program
Regulations; and
2. Vests the Director of Public Works with the responsibility,
authority, and means to:
a.Delineate or assist the Administrator, as may be reasonably
requested, in delineating the limits of the areas having
special flood hazards on available local maps of sufficient
scale to identify the location of building sites.
b.Provide such information as the Administrator may reasonably
request concerning present uses and occupancy of the flood
plain.
c.Cooperate reasonably with Federal, State, and local agencies
and private firms (under contract to the FIA) which undertake
to study, survey, map, and identify flood plain areas, and
cooperate with neighboring communities with respect to manage-
ment of adjoining flood plain areas in order to prevent
aggravation of existing flood prone hazards.
d.Submit on the anniversary date of the community's
initial eligibility an annual report to the Administrator
on the progress made during the past year within the
community in the development and implementation of flood
plain management measures.
3.Appoints Director of Public Works to maintain for public
inspection and to furnish upon request a record for elevations
(in relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures
located in the special flood hazard areas.If the lowest floor
is below grade on one or more sides, the elevation of the floor
immediately above must be recorded.
4.Agrees to take such other official actions as may be reasonably
necessary to carry out the objectives of the program, such as
but not limited to:
a.The Director of Public Works shall review all new building
permit applications, or requests for subdivision approval,
to determine if the site of the proposed development is
reasonably safe from flooding.
b.The Director of Public Works, in reviewing all applications
for new construction, substantial improvements, prefabri-
cated buildings, placement of mobile homes and other
development(s) will:
1.obtain review and reasonably utilize, if available,
any regulatory flood elevation data from Federal, State
or other sources, until such other data is provided by
the Federal Insurance Administration in a Flood Insurance
Study; and
2.Any proposed new construction or substantial improvement
(including prefabricated and mobile homes) must (i) be
designed (or modified) and anchored to prevent flotation,
collapse, or lateral movement of the structure, (ii) use
construction materials and utility equipment that are
resistant to flood damage, and (iii) use construction
methods and practices that will minimize flood damage;
and
3.New and replacement on -site water supply stems shall be
designed to minimize or eliminate infiltration of flood
waters into the said system.
5.Warns and Disclaims as to_any_potential—liability_that the
degree of flood protection required by this Resolution is considered
reasonable for regulatory purposes and is based on the best
available scientific and engineering considerations.Larger
floods can and will occur on rare occasions.Flood heights may
be increased by man-made or natural causes.This Resolution 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 Resolution shall not create liability on the
part of the City of Apache Junction, any officer or employee thereof,
or the Federal Insurance Administration, for any flood damages that
result from reliance on this Resolution or any administrative de-
cision lawfully made thereunder.
6. Repeals Resolution 79-41.
The immediate operation of the provisions of this resolution is
necessary for the preservation of the public peace, health and safety
of the City of Apache Junction, and an emergency is hereby declared to
exist, and this resolution shall be in full force and effect from and
after its passage, adoption and approval by the City Council of Apache
Junction.•
ADOPTED AND PASSED by the City Council of the City of Apache
Junction this day of ,1979.
ATTEST:
City Clerk
APPROVED AS/TO FO
//IA
City Attorney -,--