HomeMy WebLinkAboutRES 06-45RESOLUTION NO. 06-45
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
ENTITLED "APACHE JUNCTION CITY CODE,VOLUME II,LAND
DEVELOPMENT CODE,CHAPTER 5 FLOODPLAIN MANAGEMENT AND
STORMWATER REGULATIONS";AND DECLARING THE CITY'S
INTENT TO ASSUME FLOODPLAIN MANAGEMENT POWERS AND
DUTIES SET FORTH IN A.R.S. § 48-3609.
WHEREAS,Arizona Revised Statutes Annotated (hereinafter
"A.R.S.") § 9-802 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text and at least three copies of the code
or public record are filed in the office of the clerk of the
municipality and are made available for public use and
inspection; and .
WHEREAS,pursuant, to A.R.S.§§9-801(1)and 9 7 802,such
codes .or public record- include regulatory codes such as the
floodplain managemen€ and stormwater provisions; and
WHEREAS,it is the intent of the City to declare such
documents and compilations as public records,on file in the
office of the City Clerk.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
SECTION I IN GENERAL
That certain document entitled "Apache Junction City Code,
Volume II,Land Development Code,Chapter 5,Floodplain
Management and Stormwater Regulations"three copies of
which are on file in the office of the City Clerk of the
City of Apache Junction, Arizona,is hereby declared to be
a public record, shall be made available for public use and
inspection, and shall remain on file with the City Clerk.
RESOLUTION NO. 06-45
PAGE 1 OF 2
SECTION II DECLARING THE CITY'S INTENT TO ASSUME FLOODPLAIN
MANAGEMENT POWERS AND DUTIES SET FORTH IN A.R.S.
48-3609.
That the City of Apache Junction, pursuant to A.R.S. § 48-
3610(A),hereby declares its intent to assume the
Floodplain Management powers and duties enumerated in
A.R.S. § 48-3609.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF SEPTEMBER,2006.
SIGNED AND ATTESTED TO THIS 19TH DAY OF SEPTEMBER ,2006.
DOUGLAS ODLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
C lik.0 ‘
RICHARD J. STERN
City Attorney
RESOLUTION NO.. 06-45
PAGE 2 OF 2
APACHE JUNCTION CITY CODE
VOLUME II
LAND DEVELOPMENT CODE
CHAPTER 5
FLOOD PLAIN MANAGEMENT
AND
STORMWATER REGULATIONS
APACHE JUNCTION CITY CODE
ARTICLE I
ARTICLE II
VOLUME II
FLOOD PLAIN MANAGEMENT
STORMWATER REGULATIONS
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ARTICLE I
FLOODPLAIN MANAGEMENT
SECTION 1.01 STATUTORY AUTHORIZATION
SECTION 1.02 FINDINGS OF FACT
SECTION 1.03 STATEMENT OF PURPOSE
SECTION 1.04 METHODS OF REDUCING FLOOD LOSSES
SECTION 2.01 DEFINITIONS
SECTION 3.01 LANDS TO WHICH THIS ARTICLE APPLIES
SECTION 3.02 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD
SECTION 3.03 COMPLIANCE
SECTION 3.04 ABROGATION AND GREATER RESTRICTIONS
SECTION 3.05 INTERPRETATION
SECTION 3.06 DISCLAIMER OF LIABILITY
SECTION 3.07 STATUTORY EXCEPTIONS
SECTION 3.08 UNLAWFUL ACTS
SECTION 3.09 VIOLATIONS
SECTION 3.10 DECLARATION OF PUBLIC NUISANCE
SECTION 3.11 ABATEMENT OF VIOLATIONS
SECTION 3.12 SEVERABILITY
SECTION 4.01 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
SECTION 4.02 DUTIES AND RESPONSIBILITIES OF THE
FLOODPLAIN ADMINISTRATOR
SECTION 4.03 ESTABLISHMENT OF DEVELOPMENT PERMIT
SECTION 5.01 STANDARDS OF CONSTRUCTION
SECTION 5.02 STANDARDS FOR STORAGE OF MATERIALS AND
EQUIPMENT
SECTION 5.03 STANDARDS FOR UTILITIES
SECTION 5.04 ADDITIONAL DEVELOPMENT STANDARDS, INCLUDING
SUBDIVISIONS
SECTION 5.05 STANDARDS FOR MANUFACTURED HOMES
SECTION 5.06 STANDARDS FOR RECREATIONAL VEHICLES
SECTION 5.07 FLOODWAYS
SECTION 6.01 NATURE OF VARIANCES
SECTION 6.02 APPEAL BOARD
SECTION 6.03 CONDITIONS FOR VARIANCES
SECTION 1.01 STATUTORY AUTHORIZATION
Pursuant to A.R.S. § 48-3610, the Arizona State Legislature has
enabled the City to adopt regulations in conformance with A.R.S.
§ 48-3601, et.seq.,designed to promote the public health,
safety and general welfare of its citizenry.
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SECTION 1.02 FINDINGS OF FACT
A. The flood hazard areas of the City are subject to
periodic inundation which may result in loss of life and
property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public
expenditures for flood protection and relief and
impairment of the tax base, all of which adversely affect
the public health, safety and general welfare.
B. These flood losses may be caused by the cumulative effect
of obstructions in areas of special flood hazards which
increase flood heights and velocities and, when
inadequately anchored, cause damage in other areas. Uses
that are inadequately flood proofed, elevated or
otherwise protected from flood damage, also contribute to
the flood loss.
SECTION 1.03 STATEMENT OF PURPOSE
It is the purpose of this Article to promote the public health,
safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by provisions
designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood
control projects;
C. Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such
as water and gas mains; electric, telephone and sewer
lines; and streets and bridges located in areas of
special flood hazard;
F. Help maintain a stable tax base by providing for the
sound use and development of areas of special flood
hazard so as to minimize blight areas caused by flooding;
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G. Ensure that potential buyers are notified that property
is in an area of special flood hazard;
H. Ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions;
I. Maintain eligibility for disaster relief.
SECTION 1.04 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this Article includes
methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which
result in damaging increases in erosion or flood heights or
velocities;
B. Require that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other
development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers
which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
SECTION 2.01 DEFINITIONS
Unless specifically defined below, •words or phrases used in this
Article shall be interpreted so as to give them the meaning they
have in common usage and to give this Article its most
reasonable application.
A zone.See "Special flood hazard area".
Accessory structure, low-cost and small.A structure that is:
1. Solely for the parking of no more than 2 cars; or limited
storage (small, low cost sheds); and
2. No more than 400 square feet in size, costing no more
than $20,000.00 to build.
Accessory use.A use which is incidental and subordinate to the
principal use of the parcel of land on which it is located.
Alluvial fan.A geomorphologic feature characterized by a cone
or fan -shaped deposit of boulders, gravel, and fine sediments
that have been eroded from mountain slopes, transported by flood
flows, and then deposited on the valley floors, and which is
subject to flash flooding, high velocity flows, debris flows,
erosion, sediment movement and deposition, and channel
migration.
Apex.A point on an alluvial fan or similar-landform below, which
the flow path of the major stream that fOrmed .the fan becomes
unpredictable and alluvial fan flooding can occur-.
Appeal.A request for a review of the Floodplain Administrator's
interpretation of any provision of this Article or a request for
a variance.
Area of shallow flooding.A designated AO or AH Zone on a
community's Flood Insurance Rate Map ("FIRM") with a one percent
or greater annual chance of flooding to an average depth of one
to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding
or sheet flow.
Area of special flood hazard.The land in the floodplain within
a community subject to a one percent or greater chance of
flooding in any given year. These areas are designated as Zone
A, AE, AO, AH, and A1-30 on the FIRM and other areas determined
by the criteria adopted by the Director of the Arizona
Department of Water Resources ("ADWR").See "Special flood
hazard area."
Area of special flood -related erosion hazard.The land within a
community which is most likely to be subject to severe flood-
related erosion losses. The area may be designated as Zone E on
the FIRM.
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Base flood.A flood which has a one percent chance of being
equaled or exceeded in any given year (also called the "100 -year
flood").
Base flood elevation ("BFE").The elevation shown on the FIRM
for Zones AE, AH, A1-30, VE and V1 -V30 that indicates the water
surface elevation resulting from a flood that has a 1 -percent or
greater chance of being equaled or exceeded in any given year.
Basement.Any area of the building having its floor sub -grade -
i.e., below ground level - on all sides.
Building.See "Structure."
City.The City of Apache Junction.
Community.Any state, area or political subdivision thereof, or
any Indian tribe or authorized tribal organization, or
authorized native organization, which has authority to adopt and
enforce floodplain management regulations for the areas within
its jurisdiction.
Development.Any man-made change to improved or unimproved real
estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or
materials.
Encroachment.The advance or infringement of uses, plant growth,
fill, excavation, buildings, permanent structures or development
into a floodplain, which may impede or alter the flow capacity
of a floodplain.
Erosion.The process of the gradual wearing away of landmasses.
Existing manufactured home park or subdivision.A manufactured
home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured
homes are affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) have been in existence
or have been completed no later than April 30, 1987.
Expansion to an existing manufactured home park or subdivision.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manUfaCtured
homes are to be affixed (including the installation of
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utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
Flood or flooding.A general and temporary condition of partial
or complete inundation of normally dry land areas from:(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 an
abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in this
definition.
Flood Boundary and Floodway Map ("FBFM").The official map on
which the Federal Emergency Management Agency ("FEMA") or
Federal Insurance Administration ("FIA") has delineated both the
areas of special flood hazards and the floodway.
Flood Insurance Rate Map ("FIRM").The official map on which
FEMA or FIA has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
Flood Insurance Study ("FIS").The official report provided by
FEMA that includes flood profiles, FIRMs, Flood Boundary and
Floodway Maps and the water surface elevation of the base flood.
Floodplain or flood -prone area.Any land area susceptible to
being inundated by water from any source.See "Flood or
flooding."
Floodplain Administrator.The City Engineer of the City.
Floodplain Board.The City Council at such times as engaged in
the enforcement of this Article.
Floodplain management.The operation of an overall program of
corrective and preventive measures for reducing flood damage and
preserving and enhancing, where possible, natural resources in
the floodplain, including but not limited to emergency
preparedness plans, flood control works, floodplain management
regulations, and open space plans.
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Floodplain management regulations.This Article and other zoning
ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as grading and
erosion control) and other application of police power which
control development in flood -prone areas. This term describes
federal, state or local regulations in any combination thereof,
which provide standards for preventing and reducing flood loss
and damage.
Floodproofing.Any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures, and their contents.
Flood -related erosion.The collapse or subsidence of land along
the shore of a lake or other body of water as a result of.
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 a
flash flood or an abnormal tidal surge, or by some similarly
unusual and unforeseeable event which results in flooding.
Flood -related erosion area or Flood -related erosion prone area.
A land area adjoining the shore of a lake or other body of
water, which due to the composition of the shoreline or bank and
high water levels or wind -driven currents, is likely to suffer
flood -related erosion damage.
Flood -related erosion area management.The operation of an
overall program of corrective and preventive measures for
reducing flood -related erosion damage, including but not limited
to emergency preparedness plans, flood -related erosion control
works, and floodplain management regulations.
Floodway.The area of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface
elevation more than a designated height. Also referred to as
"Regulatory Floodway."
Floodway fringe.That area of the floodplain on either side of
the "Regulatory Floodway" where encroachment may be permitted.
Fraud and victimization.As related to this Article, any granted
variance must not cause fraud on or victimization of the public.
In examining this requirement, the City will consider the fact
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that every newly constructed building adds to government
responsibilities and remains a part of the community for fifty
to one -hundred years. Buildings that are permitted to be
constructed below the base flood elevation are subject during
all those years to increased risk of damage from floods, while
future owners of the property and the community as a whole are
subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future
owners may purchase the property, unaware that it is subject to
potential flood damage, and can be insured only at very high
flood insurance rates.
Functionally dependent use.A use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship repair
facilities, and does not include long-term storage or related
manufacturing facilities.
Governing body.The Mayor and City Council of the City of Apache
Junction.
Hardship.As referenced in this Article, the exceptional
hardship that would result from a failure to grant the requested
variance. The variance shall be exceptional, unusual, and
peculiar to the property involved. Mere economic or financial
hardship alone is not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the
disapproval of one's neighbors likewise cannot, as a rule,
qualify as an exceptional hardship. All of these problems can be
resolved through other means without granting a variance, even
if the alternative is more expensive, or requires the property
owner to build elsewhere or put the parcel to a different use
than originally intended.
Highest adjacent grade.The highest natural elevation of the
ground surface prior to construction next to the proposed walls
of a structure.
Historic structure.Any structure that is:
1. Listed individually in the National Register of Historic
Places (a listing maintained by the U.S. Department of
Interior) or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual
listing on the National Register;
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2. Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical
significance of a registered historic district or a
district preliminarily determined by the Secretary to
qualify as a registered historic district;
3. Individually listed on a state inventory of historic
places in states with historic preservation programs
which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic
places in communities with historic preservation programs
that have been certified either:
a. By an approved state program as determined by the
Secretary of the Interior or
b. Directly by the Secretary of the Interior in states
without approved programs.
Levee.A man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering
practices to contain, control or divert the flow of water so as
to provide protection from temporary flooding.
Levee system.A flood protection system which consists of a
levee, or levees, and associated structures, such as closure and
drainage devices, which are constructed and operated in accord
with sound engineering practices.
Lowest floor.The lowest floor of the lowest enclosed area,
including the basement.See "Basement."An 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 non -elevation design requirements of
this Article.
Manufactured home.A structure, transportable in one or more
sections, which is built on a permanent chassis and is designed
for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does not
include a "recreational vehicle".
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Manufactured Home Park or Subdivision.A parcel (or contiguous
parcels) of land divided into two or more manufactured home lots
for rent or sale.
Market value."Market value" shall be determined by estimating
the cost to replace the structure in new condition and adjusting
that cost figure by the amount of depreciation which has accrued
since the structure was constructed.
A.The cost of replacement of the structure shall be based
on a square foot cost factor determined by reference to
a building cost estimating guide recognized by the
building construction industry.
B.The amount of depreciation shall be determined by taking
•into account the age and physicaLdeterioration of the
structure and functional obsolescence as approved by the
floodplain administrator, but shall not include 'economic
or other forms of external obsolescence.
Use of replacement costs or accrued depreciation factors
different from those contained in recognized building cost
estimating guides may be considered only if such factors are
included in a report prepared by an independent professional
appraiser and supported by a written explanation of the
differences..
Mean sea level.For purposes of the National Flood Insurance
Program ("NFIP"), the National Geodetic Vertical Datum ("NGVD")
of 1929, North American Vertical Datum ("NAVD") of 1988, or
other datum, to which base flood elevations shown on a
community's FIRM are referenced.
New construction.For the purposes of determining insurance
rates, structures for which the "start of construction"
commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for
which the "start of construction" commenced on or after the
effective date of a floodplain management regulation adopted by
a community and includes any subsequent improvements to such
structures.
New manufactured home park or subdivision.A manufactured home
park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be
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affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or
the pouring of concrete pads) is completed on or after the
effective date of floodplain management regulations adopted by
the City.
Obstruction.Including, but not limited to, any dam, wall,
wharf, embankment, levee, dike, pile, abutment, protection,
excavation, channelization, bridge, conduit, culvert, building,
wire, fence, rock, gravel, refuse, fill, structure, vegetation
or other material in, along, across or projecting into any
watercourse which may alter, impede, retard or change the
direction and/or velocity of the flow of water, or due to its
location, its propensity to snare or collect debris carried by
the flow of water, or its likelihood of being carried
downstream.
One -hundred -year flood or 100 -year flood.The flood having a one
percent chance of being equaled or exceeded in any given year.
See "Base flood."
Person.An individual or the individual's agent, a firm,
partnership, association or corporation, or an agent of the
aforementioned groups, or this state or its agencies or
political subdivisions.
Program deficiency.A defect in a community's floodplain
management regulations or administrative procedures that impairs
effective implementation of those floodplain management
regulations.
Public safety and nuisance.As related to this Article, the
granting of a variance must not result in anything which is
injurious to safety or health of an entire community or
neighborhood, or any considerable number of persons, or
unlawfully obstructs the free passage or use in the customary
manner, of any navigable lake, or river, bay, stream, canal, or
basin.
Recreational vehicle.A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest
horizontal projection;
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3. Designed to be self-propelled or permanently towable by a
light -duty truck; and
4. Designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational,
camping, travel, or seasonal use.
Regulatory Flood Elevation ("RFE").An elevation one foot above
the base flood elevation for a watercourse for which the base
flood elevation has been determined and shall be determined by
the criteria developed by the Director of ADWR for all other
watercourses.
Regulatory floodway.The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height.
Remedy a violation.To bring the structure or other development
into compliance with State or local floodplain management
regulations, or if this is not possible, to reduce the impacts
of its noncompliance. Ways that impacts may be •reduced include
protecting the structure or other affected development from
flood damages, implementing the enforcement provisions of the
ordinance or otherwise deterring future similar violations, or
reducing State or Federal financial exposure with regard to the
structure or other development.
Riverine.Relating to, formed by, or resembling a river
(including tributaries), stream, brook, or wash.
Sheet flow area.See "Area of shallow flooding."
Special flood hazard area ("SERA").An area in the floodplain
subject to a 1 percent or greater chance of flooding in any
given year. It is shown on a Flood Boundary and Floodway Map or
FIRM as Zone A, AO, Al -A30, AE, A99, or, AH.
Start of construction.Includes substantial improvement and
other proposed new development and means the date the building
permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or
other improvement was within 180 days from the date of the
permit. 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
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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
include 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. For a substantial improvement, the
actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions
of the building.
Structure.A walled and roofed building that is principally
above ground; this includes a gas or liquid storage tank or a
manufactured home.
Substantial damage.Damage of any origin sustained by a
structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred; or
Flood -related damages sustained by a structure on two separate
occasions during a 10 -year period for which the cost of repairs
at the time of each such event, on the average, equals or
exceeds 25 percent of the market value of the structure before
the damage occurred. This is also known as "repetitive loss."
Substantial improvement.Any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the
structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial
damage", regardless of the actual repair work performed. The
term does not, however, include either:
1. Any project for improvement of a structure to correct
existing violations or state or local health, sanitary,
or safety code specifications which have been identified
by the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that
the alteration will not preclude the structure's
continued designation as a "historic structure."
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Variance.A grant of relief from the requirements of this
Article which permits construction in a manner that would
otherwise be prohibited by this Article.
Violation.The failure of a structure or other development to be
fully compliant with the community's floodplain management
regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence
of compliance required in this Article is presumed to be in
violation until such time as that documentation is provided.
Water surface elevation.The height, in relation to the NGVD of
1929, NAVD of 1988, or other datum, of floods of various
magnitudes and frequencies in the floodplains of coastal or
riverine areas.
Watercourse.A lake, river, creek, stream, wash, arroyo, channel
or other topographic feature on or over which waters flow at
least periodically. Watercourse includes specifically designated
areas in which substantial flood damage may occur.
SECTION 3.01 LANDS TO WHICH THIS ARTICLE APPLIES
This Article shall apply to all areas of special flood hazards
within the corporate limits of the City.
SECTION 3.02 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by FEMA in a
scientific and engineering report entitled "The Flood Insurance
Study ("FIS") for the City dated March 30, 1982", with
accompanying Flood Insurance Rate Maps ("FIRMs") and Flood
Boundary and Floodway Maps ("FBFMs") revised March 19, 1990, and
all subsequent amendments and/or revisions, are hereby adopted
by reference and declared to be a part of this Article. This FIS
and attendant mapping is the minimum area of applicability of
this Article and may be supplemented by studies for other areas
which allow implementation of this Article and which are
recommended to the Floodplain Board by the Floodplain
Administrator. The Floodplain Board shall delineate (or may, by
rule, require developers of land to delineate) for areas where
development is ongoing or imminent, and thereafter as
development becomes imminent, floodplains consistent with the
criteria developed by FEMA and the Director of ADWR. The FIS and
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FIRM panels are on file at the Department of Public Works at 575
E. Baseline Avenue, Apache Junction, Arizona, or any other
location deemed by the City Manager as an appropriate filing
location in the event the Public Works yard is moved.
SECTION 3.03 COMPLIANCE
All development of land, construction of residential, commercial
or industrial structures, or future development within
delineated floodplain areas is subject to the terms of this
Article and other applicable regulations.
SECTION 3.04 ABROGATION AND GREATER RESTRICTIONS
This Article is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However,
where this Article and any ordinance, easement, covenant or deed
restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
SECTION 3.05 INTERPRETATION
In the interpretation and application of this Article, all
provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers
granted under state statutes.
SECTION 3.06 DISCLAIMER OF LIABILITY
The degree of flood protection required by this Article is
considered reasonable for regulatory purposes and is based on
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 Article 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 Article shall not create liability on the part of
the City, any officer or employee thereof, the State of Arizona,
17
or FEMA, for any flood damages that result from reliance on this
Article or any administrative decision lawfully made hereunder.
SECTION 3.07 STATUTORY EXCEPTIONS
In accordance with A.R.S. § 48-3609(H), unless expressly
provided, this and any regulation adopted pursuant: to this
Article do not affect:
A. Existing legal uses of property or the right to
continuation of such legal use. However, if a
nonconforming use of land or a building or structure is
discontinued for twelve months, or destroyed to the
extent of 50 percent of its value as determined by a
competent appraiser, any further use shall comply with
this Article and regulations of the City;
B. Reasonable repair or alteration of property for the
purposes for which the property was legally used on
August 3, 1984, or any regulations affecting such
property takes effect, except that any alteration,
addition or repair to a nonconforming building or
structure which would result in increasing its flood
damage potential by 50 percent or more shall be either
floodproofed or elevated to or above the regulatory flood
elevation;
C. Reasonable repair of structures constructed with the
written authorization required by A.R.S. § 48-3613; and
D. Facilities constructed or installed pursuant to a
Certificate of Environmental Compatibility issued
pursuant to A.R.S. Title 40, Chapter 2, Article 6.2.
Before any authorized construction begins for the exceptions
listed below, the responsible person must submit plans for the
construction to the Floodplain Board for review and comment. In
accordance with A.R.S. § 48-3613, written authorization shall
not be required, nor shall the Floodplain Board prohibit:
E. The construction of bridges, culverts, dikes and other
structures necessary to the construction of public
highways, roads and streets intersecting or crossing a
watercourse;
F. The construction of storage dams for watering livestock
or wildlife, structures on banks of a watercourse to
prevent erosion of or damage to adjoining land if the
structure will not divert, retard or obstruct the natural
18
channel of the watercourse or dams for the conservation
of floodwaters as permitted by A.R.S. Title 45, Chapter
6;
G. Construction of tailing dams and waste disposal areas for
use in connection with mining and metallurgical
operations. This paragraph does not exempt those sand and
gravel operations that will divert, retard or obstruct
the flow of waters in any watercourse from complying with
and acquiring authorization from the Floodplain Board
pursuant to regulations adopted by the Floodplain Board
under this Article;
H. Other construction upon determination by the Floodplain
Board that written authorization is unnecessary;
I. Any flood control district, county, city, town or other
political subdivision from exercising powers granted to
it under A.R.S. Title 48, Chapter 21, Article 1;
J. The construction of streams, waterways, lakes and other
auxiliary facilities in conjunction with development of
public parks and recreation facilities by a public agency
or political subdivision; and
K. The construction and erection of poles, towers,
foundations, support structures, guy wires and other
facilities related to power transmission as constructed
by any utility whether a public service corporation or a
political subdivision.
In addition to other penalties or remedies otherwise provided by
law, this state, a political subdivision or a person who may be
damaged or has been damaged as a result of the unauthorized
diversion, retardation or obstruction of a watercourse has the
right to commence, maintain and prosecute any appropriate action
or pursue any remedy to enjoin, abate or otherwise prevent any
person from violating or continuing to violate this section or
regulations adopted pursuant to this Article. If a person is
found to be in violation of this Section, the court shall
require the violator to either comply with this Section if
authorized by the Floodplain Board or remove the obstruction and
restore the watercourse to its original state. The court may
also award such monetary damages as are appropriate to the
injured parties resulting from the violation including
reasonable costs and attorney fees.
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SECTION 3.08 UNLAWFUL ACTS
A. It is unlawful for a person to engage in any development
or to divert, retard or obstruct the flow of waters in a
watercourse if it creates a hazard to life or property
without securing the written authorization required by
A.R.S. § 48-3613. Where the watercourse is a delineated
floodplain, it is unlawful to engage in any development
affecting the flow of waters without securing written
authorization required by A.R.S. § 48-3613.
SECTION 3.09 VIOLATIONS
1.The City may issue a warning to any person who
violates any provision of this Article.The person
receiving a warning shall take affirmative steps to
address the violation.The City shall allow a person
who has been issued a warning a maximum of fourteen
(14) calendar days to correct the violation.If the
violation has been corrected to the City's
satisfaction within fourteen (14) days, the City shall
not proceed with continued enforcement of ,this
article.
2.If, after fourteen (14) calendar.days, a person who
has received a warning for any violation of this
Article has not corrected the violation, the City may
issue a civil action in Municipal Court.A civil
violation of this section is subject to a fine of not
more than two thousand five hundred dollars
($2,500.00).
3.If, after being assessed a civil penalty for a
violation of this section and the violation has not
been corrected to the City's satisfaction within
fourteen (14) calendar days, a person violating this
Article shall be subject to a criminal action and
shall be guilty of a Class One Misdemeanor, and shall
be subject to the penalty and multiple charging
•provisions set forth in Article 1-8 Penalty of the
Apache Junction City Code, Volume I.
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SECTION 3.10 DECLARATION OF PUBLIC NUISANCE
All development located or maintained within any area of special
flood hazard after August 8, 1973, in violation of this Article,
is a public nuisance per se and may be abated, prevented or
restrained by action of the City.
SECTION 3.11 ABATEMENT OF VIOLATIONS
Within 30 days of discovery of a violation of this Article, the
Floodplain Administrator shall submit a report to the Floodplain
Board which shall include all information available to the
Floodplain Administrator which is pertinent to said violation.
Within 30 days of receipt of this report, the Floodplain Board
shall either:
A. Take any necessary action to effect the abatement of such
violation; or
B. Issue a variance to this Article in accordance with the
provisions of this Article; or
C. Order the owner of the property upon which the violation
exists to provide whatever additional information may be
required for their determination. Such information must
be provided to the Floodplain Administrator within 30
days of such order and the Floodplain Administrator shall
submit an amended report to the Floodplain Board within
20 days. At the next regularly scheduled public meeting,
the Floodplain Board shall either order the abatement of
said violation or they shall grant a variance in
accordance with the provisions of this Article; or
D. Submit to FEMA 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.
SECTION 3.12 SEVERABILITY
This Article and the various parts thereof are hereby declared
to be severable. Should any Section of this Article be declared
by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of the Article as a whole, or any
21
portion thereof other than the Section so declared to be
unconstitutional or invalid.
SECTION 4.01 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Engineer is hereby appointed to administer, implement
and enforce this Article by granting or denying development
permits in accordance with its provisions.
SECTION 4.02 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
Duties of the Floodplain Administrator shall include, but not be
limited to:
A.Permit Review
Review all development permits to determine that:
1. The permit requirements of this Article 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 base flood
elevations have been determined but a floodway has
not been designated. For purposes of this Article,
"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
1. Develop detailed procedures for identifying and
administering requirements for substantial
improvement and substantial damage, to include
defining "Market Value."
22
2. Assure procedures are coordinated with other
departments and divisions and implemented by
community staff.
C.Use of Other Base Flood Data
When base flood elevation data has not been provided
in accordance with this Article, 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
the provisions under this Article.Any such
information shall be consistent with the requirements
of FEMA and the Director of ADWR and shall be
submitted to the Floodplain Board for adoption.
D.Obtain and Maintain for Public Inspection
1. The certified regulatory flood elevation required in
this Article;
2. The floodproofing certification required in this
Article;
3. The flood vent certification required in this
Article;
4. The elevation certification required for additional
development standards, including subdivisions, in
this Article;
23
5. The floodway encroachment certification required in
this Article;
6. Maintain a record of all variance actions, including
justification for their issuance, and report such
variances issued in its biennial report submitted to
FEMA.
7. Obtain and maintain improvement calculations.
E.Notification of Other Entities
1. Whenever a watercourse is to be altered or
relocated:
a. Notify adjacent communities and 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. Base flood elevation and rate of flow due to
physical alterations:
a. Base flood elevations 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 Floodplain
Administrator shall notify FEMA of the changes by
Submitting technical or scientific data in
accordance with Code 44 C.F.R. § 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 one hundred twenty (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
24
project. The new delineation shall be done
according to the criteria adopted by the Director
of ADWR.
3. Corporate Boundary Changes:
a.Notify FEMA and 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 boundaries of the areas of special
flood hazards (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 this Article.
G.Remedial Actions
Take actions on violations of this Article as required
in this Article.
H.Biennial Report
Complete and submit a Biennial Report to FEMA.
SECTION 4.03 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction or
development begins, including placement of manufactured homes,
within any area of special flood hazard established in this
Article. 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, drainage facilities and the location of the
foregoing. Specifically, the following information is required:
A. Proposed elevation in relation to mean sea level of the
lowest floor (including basement) of all structures. In
Zone AO, elevation of existing highest adjacent natural
grade and proposed elevation of lowest floor of all
structures;
25
B. Proposed elevation in relation to mean sea level to which
any non-residential structure will be floodproofed;
C. Certification by a registered professional engineer or
architect that the floodproofing methods for any
nonresidential structure meet the floodproofing criteria
in this Article;
D. Base flood elevation data for subdivision proposals or
other development greater than 50 lots or 5 acres; and
E. Description of the extent to which any watercourse will
be altered or relocated as a result of proposed
development.
SECTION 5.01 STANDARDS OF CONSTRUCTION
In all areas of special flood hazards the following standards
are required:
A.Anchoring
1.All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the
effects of buoyancy; and
2.All manufactured homes shall meet the anchoring
standards of this Article.
B.Construction Materials and Methods
1.All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage; and
2.All new construction and substantial improvements
shall be constructed using methods and practices
that minimize flood damage; and
3.All new construction, substantial improvement and
other proposed new development shall be constructed
with electrical, heating, ventilation, plumbing and
air conditioning equipment and other service
facilities that are designed and/or located so as
to prevent water from entering or accumulating
26
within the components during conditions of
flooding; and
4.Within Zones AH or AO, adequate drainage paths
shall be constructed around structures on slopes to
guide floodwaters around and away from proposed
structures.
C.Elevation and Floodproofing
1.Residential construction
Residential construction, new or substantial
improvement, shall have the lowest floor, including
basement, and
a. In an AO Zone, elevated to or above the
regulatory flood elevation, or elevated at least
two feet above the highest adjacent grade if no
depth number is specified.
b. In an A Zone where a BFE has not been
determined, elevated to or above the regulatory
flood elevation or be elevated in accordance
with the criteria developed by the Director of
ADWR.•
c. In Zones AE, AH and A1-30, elevated to or above
the regulatory flood elevation.
Upon completion of the structure, the elevation of
the lowest floor including basement shall be
certified by a registered professional engineer or
surveyor, and verified by the City's building
inspector to be properly elevated. Such
certification and verification shall be provided to
the Floodplain Administrator.
2.Nonresidential construction
Nonresidential construction, new or substantial
improvement, shall either be elevated to conform
with this Article or together with attendant
utility and sanitary facilities:
a. Be floodproofed below the elevation recommended
under this Article so that the structure is
27
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. Be certified by a registered professional
engineer or architect that the standards of
this section are satisfied. Such certification
shall be provided to the Floodplain
Administrator.
3.Flood openings
All new construction and substantial improvement
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
entry and exit of floodwater. Designs for meeting
this requirement must meet or exceed the following
criteria:
a. Have a minimum of two openings, on different
sides of each enclosed area, having a total net
area of not less than one square inch for every
square foot of enclosed area subject to
flooding. The bottom of all openings shall be no
higher than one 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. If it is not feasible or desirable to meet the
openings criteria stated above, a registered
• engineer or architect may design and certify the
openings.
4.Manufactured homes
Manufactured homes shall also meet the standards in
this Article.
•
5.Garages and low cost accessory structures
a.Attached garages
1.A garage attached to a residential structure,
constructed with the garage floor slab below
the regulatory flood elevation, must be
designed to allow for the automatic entry of
flood waters.See Section 5.01.C.3. Areas of
the garage below the regulatory flood
elevation must be constructed with flood
resistant materials.See Section 5.01.B.
2.A garage attached to a nonresidential
structure must meet the above requirements or
be dry floodproofed.
b.Detached garages and accessory structures
1. "Accessory structure" used solely for parking
(2 car detached garages or smaller) or limited
storage (small, low-cost sheds), as defined in
Section 2.01, may be constructed such that
it's floor is below the regulatory flood
elevation, provided the structure is designed
and constructed in accordance with the
following requirements:
(a)Use of the accessory structure must be
limited to parking or limited storage;
(b)The portions of the accessory structure
located below the regulatory flood
elevation must be built using flood-
resistant materials;
(c)The accessory structure must be
adequately anchored to prevent
flotation, collapse and lateral
movement;
(d)Any mechanical and utility equipment in
the accessory structure must be
elevated or floodproofed to or above
the regulatory flood elevation;
29
(e)The accessory structure must comply
with floodplain encroachment provisions
in Section 5.07; and
(f)The accessory structure must be
designed to allow for the automatic
entry of flood waters in accordance
with Section 5.01.C.3.
2. Detached garages and accessory structures not
meeting the above standards must be
constructed in accordance with all applicable
standards in Section 5.01 C.3.
SECTION 5.02 STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT
A. The storage or processing of materials that could be
injurious to human, animal or plant life if released due
to damage from flooding is prohibited in special flood
hazard areas.
B. Storage of other material or equipment may...be allowed if
not subject to damage by floods and if firmly anchored to
prevent flotation, or if readily removable from the'area
within the time available after flood warning.
SECTION 5.03 STANDARDS FOR UTILITIES
A. All new or replacement water supply and sanitary
sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system and
discharge from systems into flood waters.
B. On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
C. Waste disposal systems shall not be installed wholly or
partially in a regulatory floodway.
30
SECTION 5.04 ADDITIONAL DEVELOPMENT STANDARDS, INCLUDING
SUBDIVISIONS
A. All new subdivision proposals and other proposed
development (including proposals for manufactured home
parks and subdivisions), greater than 50 lots or 5 acres,
whichever is the lesser, shall:
1. Identify the area of the special flood hazard area and
the elevation of the base flood.
2. Identify on the final plans the elevation(s) of the
proposed structure(s) and pads. If the site is filled
above the base flood elevation, the final lowest floor
and grade elevations shall be certified by a
registered professional engineer or surveyor and
provided to the Floodplain Administrator.
B. All subdivision proposals and other proposed development
shall be consistent with the need to minimize flood
damage.
C. All subdivision proposals and other proposed development
shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed
to minimize flood damage.
D. All subdivision proposals •and other proposed development
shall provide adequate drainage to reduce exposure to
flood hazards.
SECTION 5.05 STANDARDS FOR MANUFACTURED HOMES
All manufactured homes that are placed on site or substantially
improved shall:
A. Be elevated so that the bottom of the structural frame or
the lowest point of any attached appliances, whichever is
lower, is at or above the regulatory flood elevation; and
B. Be securely anchored to an adequately anchored foundation
system to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not to be
limited to, use of over -the -top or frame ties to ground
anchors. This requirement is in addition to applicable
31
state and local anchoring requirements for resisting wind
forces.
SECTION 5.06 STANDARDS FOR RECREATIONAL VEHICLES
All recreational vehicles placed on site shall:
A. Be on site for fewer than 180 consecutive days, or
B. Be fully licensed and ready for highway use. A
recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security
devices, and has no permanently attached additions; or
C. Meet the permit requirements of this Article and the
elevation and anchoring requirements for manufactured
homes in this Article.
SECTION 5.07 FLOODWAYS
Located within areas of special flood hazard established in this
Article are areas designated as floodways. Since the floodway is
an extremely hazardous area due to the velocity of floodwaters
which carry debris, potential projectiles and erosion potential,
the following provisions apply:
A. Prohibit encroachments, including fill, new construction,
substantial improvements and other development, unless
certification by a registered professional engineer or
architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
B. If this provision is satisfied, all new construction and
substantial improvements shall comply with all other
applicable flood hazard reduction provisions of this
Article.
SECTION 6.01 NATURE OF VARIANCES
The variance criteria set forth in this section of the Article
are based on the general principle of zoning law that variances
pertain to a piece of property and are not personal in nature. A
32
variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements
of this Article would create an, exceptional hardship to the
applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared
by adjacent parcels. The unique characteristic must pertain to
the land itself, not to the structure, its inhabitants or the
property owners.
It is the duty of the City to help protect its citizens from
flooding. This need is so compelling and the implications of the
cost of insuring a structure built below the regulatory flood
elevation are so serious that variances from the flood elevation
or from other requirements in the flood ordinance are quite
rare. The long-term goal of preventing and reducing flood loss
and damage can only be met if variances are strictly limited.
Therefore, the variance guidelines provided in this Article are
more detailed and contain multiple provisions that must be met
before a variance can be properly granted. The criteria are
designed to screen out those situations in which alternatives
other than a variance are more appropriate.
6.02 APPEAL BOARD
A. The Floodplain Board of the City shall hear and decide
appeals and requests for variances from the requirements
of this Article.
B. The Floodplain Board shall hear and decide appeals when
it is alleged there is an error in any requirement,
decision, or determination made by the Floodplain
Administrator in the enforcement or administration of
this Article.
C. In passing upon such applications, the Floodplain Board
shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this
Article, and:
1. The danger that materials may be swept onto other
lands to the injury of others;
2. The danger of life and property due to flooding or
erosion damage;
33
3. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
4. The importance of the services provided by the
proposed facility to the community;
5. The necessity to the facility of a waterfront
location, where applicable;
6. The availability of alternative locations for the
proposed use, which are not subject to flooding or
erosion damage;
7. The compatibility of the proposed use with existing
and anticipated development;
8. The relationship of the proposed use to the
comprehensive plan and floodplain management program
for that area;
9. The safety of access to the property in time of flood
for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters
expected at the site; and,
11. The costs of providing governmental services during
and after flood conditions, including maintenance and
repair of public utilities and facilities such as
sewer, gas, electrical, water system and streets and
bridges.
D. Upon consideration of the factors and the purposes of
this Article, the Floodplain Board may attach such
conditions to the granting of variances as it deems
necessary to further the purposes of this Article.
E. Any applicant to whom a variance is granted shall be
given written notice over the signature of a community
official that:
1. The issuance of a variance to construct a structure
below the base flood level will result in increased
premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage, and
34
2. Such construction below the base flood level increases
risks to life and property; and
3. The land upon which the variance is granted shall be
ineligible for exchange of state land pursuant to the
flood relocation and land exchange program provided by
A.R.S. Title 26, Chapter 2, Article 2. A copy of the
notice shall be recorded in the office of the Final
County Recorder and shall be recorded in a manner so
that it appears in the chain of title of the affected
parcel of land.
F. The Floodplain Administrator shall maintain a record of
all variance actions, including justification for their
issuance and report such variances issued in its biennial
report submitted to FEMA.
SECTION 6.03 CONDITIONS FOR VARIANCES
A. Generally, variances may be issued 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 constructed
below the base flood elevation, provided the procedures
of this Article have been fully considered. As the lot
size increases beyond one-half acre, the technical
justification required for issuing the variance
increases.
B. Variances may be issued for the repair, rehabilitation or
restoration of structures listed in the National Register
of Historic Places or the State Inventory of Historic
Places, upon a determination that the proposed repair or
rehabilitation will not preclude the structures continued
designation as a historic structure and the variance is
the minimum necessary to preserve the historic character
and design of the structure.
C. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result.
D. Variances shall only be issued upon a determination that
the variance is the minimum necessary, considering the
flood hazard, to afford relief.
35
E. Variances shall only be issued upon a:
1. Showing of good and sufficient cause; and
2. Determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
3. Showing that the use cannot perform its intended
purpose unless it is located or carried out in close
proximity to water. This includes only facilities
defined in Section 2.01 in the definition of
"Functionally dependent use"; and
4. Determination that the granting of a variance will not
result in increased flood heights, additional threats
to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the
public or conflict with existing local laws or
ordinances.
36
SECTION 1.01
SECTION 2.01
SECTION 2.02
SECTION 3.01
SECTION 3.02
SECTION 3.03
SECTION 3.04
SECTION 3.05
SECTION 4.01
SECTION 4.02
SECTION 4.03
SECTION 5.01
SECTION 1.01
ARTICLE II
STORMWATER REGULATIONS
DEFINITIONS
ILLICIT DISCHARGES TO THE STORMWATER SYSTEM
PROHIBITED NON-STORMWATER DISCHARGES
INTENT AND PURPOSE
REQUIREMENT FOR APPROVED STORMWATER
POLLUTION PREVENTION PLANS
REQUIREMENT TO INSTALL AND MAINTAIN EROSION
PREVENTION AND SEDIMENT CONTROL MEASURES
REQUIREMENT TO CONTROL CONSTRUCTION AND
SANITARY WASTE
RIGHT OF ENTRY; CONSTRUCTION SITE
INSPECTIONS
INTENT AND PURPOSE
REQUIREMENT TO IMPLEMENT AND MAINTAIN POST-
CONSTRUCTION STORMWATER MEASURES
RIGHT OF ENTRY; POST CONSTRUCTION
INSPECTIONS
VIOLATIONS •
DEFINITIONS
For the purposes of this Article, the following definitions
apply:
Arizona Department of Environmental Quality or "ADEQ".The
Arizona state agency established pursuant to Arizona Revised
Statutes § 49-102.
Arizona Pollutant Discharge Elimination System or "AZPDES".The
program established by the State of Arizona by provisions in
Arizona Revised Statutes Title 49, Chapter 1, Article 3.1 to
control the discharge of pollutants to waters in Arizona.
Best Management Practices or "BMPs".Those activities or
structural improvements that help reduce the quantity and
improve the quality of stormwater runoff.
City.The City of Apache Junction, located in Pinal and Maricopa
Counties, Arizona.
37
Construction General Permit.A permit issued by the Permitting
Authority that allows discharges to stormwater from construction
activities as defined in 40 C.F.R. § 122.26.
Construction Site Operator.The primary operator of a
construction site within the corporate limits of the City.
Designee.A person designated for a specific purpose by the
Apache Junction Public Works Director.
Director.The Apache Junction Public Works Director.
Environmental Protection Agency or "EPA".The Federal agency
that is empowered by the U.S. Congress to regulate stormwater
and delegate such authority to ADEQ.
Erosion.The wearing away of land due, to the actions of water
and wind.
Illicit Discharge.Any discharge to the stormwater system that
is not entirely composed of stormwater or is not specifically
authorized by this Chapter.
Municipal Separate Storm Sewer System or "MS4".A publicly -owned
conveyance or system of conveyances designed or used for
collecting or conveying stormwater which is not a combined sewer
and which is not part of a publicly owned treatment works.
National Pollution Discharge Elimination System or "NPDES".The
surface water quality program authorized by Congress as part of
the 1987 Clean Water Act.
Notice of Intent or "NOI".Document submitted to the Permitting
Authority in order to obtain coverage under the Construction
General Permit.
Permitting Authority.The NPDES-authorized state agency or EPA
regional office that administers the NPDES stormwater permit
program.
Pollutant.Substances defined in Arizona Revised Statutes § 49-
201(28).
Post -construction Site.A site at which land -disturbing
activities related to construction have been substantially
completed and at which post -construction stormwater management
measures have been implemented.
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Post -construction Site Operator.The ,owner or entity legally
responsible for the maintenance of post -construction stormwater
management measures.
Stormwater.Precipitation that accumulates in natural or man-
made storage systems during and after a precipitation event.
Stormwater Pollution Prevention Plan or ("SWPPP").A plan to
describe a process though which a facility thoroughly evaluates
potential pollutant sources at a site and selects and implements
appropriate measures designed to prevent or control the
discharge of pollutants in stormwater runoff.
Stormwater System.All or part of the City -owned and maintained
system of roads, catch basins, curbs, streets, storm drains,
drywells, and other features designed, used, and maintained for
collecting, holding,, or conveying stormwater.
SECTION 2.01 ILLICIT DISCHARGES TO THE STORMWATER SYSTEM
1.Illicit discharges to the City stormwater system can
cause excessive discharges of pollutants to surface
waters and groundwater.These discharges can,
negatively impact public health, welfare, and the
environment by potentially impacting human health by
transporting and depositing pollutants.The intent of
this Article is to address these illicit discharges.
2.The purposes of this Article are to establish an
inspection and enforcement program to address illicit
discharges to protect public health, welfare, and the
environment, and to enable the City to comply with
illicit discharge prevention provisions of NPDES and
AZPDES.
SECTION 2.02 PROHIBITED NON-STORMWATER DISCHARGES
1.Unless specifically authorized in this Article, no
person shall discharge or cause to be discharged any
substance to the stormwater system that is not
composed entirely of stormwater.
2.Unless specifically authorized in this Article, no
person shall use, store, spill, dump, discharge, or
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dispose of materials that could reasonably be expected
to cause or contribute to the addition of pollutants
in stormwater.
3.This section does not prohibit the following non-
stormwater discharges from entering the City's MS4:
water line flushing, landscape irrigation, diverted
stream flows, uncontaminated pumped groundwater,
discharges of potable water, foundation drains, air
conditioning condensate, irrigation or law watering
water, water from crawl space pumps, footing drains,
residential car washing, riparian and wetlands flows,
dechlorinated swimming pool discharges, street wash
water, and discharges from fire fighting activities.
4.A number of discharges associated with potable and
reclaimed water systems, subterranean dewatering, well
development, aquifer testing, hydrostatic testing of
specific pipelines, charitable car washes, building
and street washing, and dechlorinated swimming pool
water are regulated presently in Arizona by the AZPDES
De Minimus General Permit, and hence the City will
rely on the state regulatory agency to enforce
compliance with these requirements.
SECTION 3.01 CONSTRUCTION SITE STORMWATER MANAGEMENT
1.Land -disturbing activities related to construction can
cause discharges of pollutants to the City stormwater
system, which in turn can cause excessive discharges
of pollutants to surface waters and groundwater.
These discharges can negatively impact public health,
welfare, and the environment by potentially impacting
human health by transporting and depositing
pollutants.The intent of this Article is to address
discharges from construction sites to the stormwater
system.
2.The purposes of this Article are to establish an
inspection and enforcement program to address
discharges from construction sites in order to protect
public health, welfare, and the environment, and to
enable the City to comply with construction site-
related stormwater provisions of NPDES and AZPDES.
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SECTION 3.02 REQUIREMENT FOR APPROVED STORMWATER POLLUTION
PREVENTION PLANS
1.Any entity applying for a City permit, authorization,
license, or permission for construction activity that
will disturb one (1) or more acres of land shall
prepare a Stormwater Pollution Prevention Plan
("SWPPP") for the management of stormwater discharges
from the proposed construction site.A copy of the
SWPPP must be kept at the construction site at all
times.
2.The applicant shall submit to the City proof of Notice
of Intent ("NOI") submitted to the Permitting
Authority which seeks authorization under the
Construction General Permit.
SECTION 3.03 REQUIREMENT TO INSTALL AND MAINTAIN EROSION
PREVENTION AND SEDIMENT CONTROL MEASURES
All land -disturbing activities at the construction site shall be
conducted in accordance with the approved SWPPP.The permittee
shall implement all BMPs as described in the SWPPP and
periodically inspect them to ensure that they are operating as
designed and have not been damaged and/or altered.
SECTION 3.04 REQUIREMENT TO CONTROL CONSTRUCTION AND SANITARY
WASTE
All operators of construction sites shall control wastes and
properly dispose of wastes, including construction and sanitary
wastes.Construction wastes include, but are not limited to,
discarded building materials, concrete truck washout, chemicals,
and litter.
SECTION 3.05 RIGHT OF ENTRY; CONSTRUCTION SITE INSPECTIONS
1.The Director or Designee is authorized upon
presentation of identification to enter construction
sites at reasonable hours in order to conduct
inspections for the purpose of determining compliance
with the Construction General Permit.The Director or
Designee is authorized to take photographs and collect
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other information reasonably necessary to determine
compliance with this Article.
2.If the Director or Designee is refused access to any
construction site and can demonstrate a probable cause
to believe that a violation of this Article has
occurred or is occurring, the Director may request the
issuance of a search warrant from the Apache Junction
Municipal Court.
SECTION 4.01 POST -CONSTRUCTION STORMWATER MANAGEMENT
1.Post -construction stormwater management measures must
be implemented in order to minimize discharges of
pollutants to the City's stormwater system and
excessive discharges of pollutants to surface waters
and groundwater.These discharges can negatively
impact public health, welfare, and the environment by
potentially impacting human health by transporting and
depositing pollutants.The intent of this Article is
to address these discharges to the stormwater system.
2.The purposes of this Article are to establish an
inspection and enforcement program to address post-
construction stormwater management in order to protect
public health, welfare, and the environment, and to
enable the City to comply with post -construction
related stormwater provisions of NPDES and AZPDES.
SECTION 4.02 REQUIREMENT TO IMPLEMENT AND MAINTAIN POST-
CONSTRUCTION STORMWATER MEASURES
Owners of properties must maintain post -construction stormwater
management measures to address post -construction stormwater
runoff to the stormwater system.These measures may be
structural or non-structural BMPs.
SECTION 4.03 RIGHT OF ENTRY; POST -CONSTRUCTION INSPECTIONS
1.The Director or Designee is authorized upon
presentation of identification to enter properties'at
reasonable hours in order to conduct inspections of .
post -construction stormwater measures, such as
retention and detention facilities, dry wells, and
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storm drains.The Director or Designee is authorized
to take photographs and collect other information
reasonably necessary to determine compliance with this
Article.
2.If the Director or Designee is refused access to any
property and can demonstrate a probable cause to
believe that a violation of this Article has occurred
or is occurring, the Director may request the issuance
of a search warrant from the Apache Junction Municipal
Court.
SECTION 5.01 VIOLATIONS
1.The City may issue a warning to any person who
violates any provision of this Article.The person
receiving a warning shall take affirmative steps to
address the violation.The City shall allow a person
who has been issued a warning a maximum of fourteen
(14) calendar days to correct the violation.If the
violation has been corrected to the City's
satisfaction within fourteen (14) days, the City shall
not proceed with continued enforcement of this
article.
2.If, after fourteen (14) calendar days, a person who
has received a warning for any violation of this
Article has not corrected the violation, the City may
issue a civil action in Municipal Court.A civil
violation of this section is subject to a fine of not
more than two thousand five hundred dollars
($2,500.00).
3.If, after being assessed a civil penalty for a
violation of this section and the violation has not
been corrected to the City's satisfaction within
fourteen (14) calendar days, a person violating this
Article shall be subject to a criminal action and
shall be guilty of a Class One Misdemeanor, and shall
be subject to the penalty and multiple charging
provisions set forth in Article 1-8 Penalty of the
Apache Junction City Code, Volume I.
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