§ 17-26. Floodplain Administrator.

(a)

The Floodplain Administrator is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

(b)

The duties of the Floodplain Administrator shall include, but not be limited to:

(1)

Permit review:

a.

Review all development permits to determine that the permit requirements of this chapter have been satisfied.

b.

Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

c.

Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this chapter, "adversely affects" 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 (1) foot at any point.

d.

Determine that the site is reasonably safe from flooding.

(2)

Use of other base flood data:

a.

When Base Flood Elevation data has not been provided in accordance with Section 17-10, the Floodplain Administrator shall obtain, review, and reasonably use any base flood elevation data available from a federal, state or other source, in order to administer this chapter. Any such information shall be consistent with the requirements of the Federal Emergency Management Agency and the Director of the Arizona Department of Water Resources and shall be submitted to the Floodplain Board for adoption.

b.

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 the Federal Emergency Management Agency of the changes by submitting technical or scientific data in accordance with 44 CFR § 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.

(3)

Information to be obtained and maintained: The city shall obtain and maintain for public inspection and make available as needed for flood insurance policies:

a.

The certified Regulatory Flood Elevation required in Section 17-43;

b.

The elevation certification required for additional development standards, including subdivisions, required in Section 17-43 and 17-46;

c.

The floodproofing certification required in Section 17-43 and 17-46;

d.

The certified elevation required in Section 17-43 and 17-46;

e.

The flood vent certification required in Section 17-43;

f.

The floodway encroachment certification required in Section 17-48;

g.

A complete record of all variance actions, including justification for their issuance; and,

h.

A record of improvement calculations, as required in Section 17-26.

(4)

Alteration of watercourses:

a.

Notify adjacent communities and the Arizona Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; and

b.

Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

(5)

Interpretation of FIRM boundaries: Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 17-29;

(6)

Abate violations: Take actions on violations of this chapter as required in Section 17-13;

(7)

Notice to flood control district:

a.

Advise in writing the County Flood Control District and any adjunct jurisdiction having responsibility for floodplain management and provide a copy of the development plans of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one mile of the corporate limits of the city.

b.

Advise the County Flood Control District in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway which could affect floodplains, floodways or watercourses within the district's area of jurisdiction.

c.

Written notice and a copy of the plan of development shall be sent to the County Flood Control District no later than three (3) working days after the city receives the plan.

(8)

Changes in rate of flow: 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 project. The new delineation shall be done according to the criteria adopted by the director of water resources.

(9)

Substantial improvement and substantial damage procedures:

a.

Develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value."

b.

Assure procedures are coordinated with other departments and divisions and implemented by community staff.

(10)

Corporate boundary changes: Notify the Federal Emergency Management Agency and the Arizona Department of Water Resources of acquisition by means of annexation, incorporation, or otherwise, of additional areas of jurisdiction.

(11)

Biennial report: Complete and submit a Biennial Report to the Federal Emergency Management Agency.

(Res. No. 4742, § 2(Exh. A), 11-13-13)