17-4-3 Duties of Floodplain Administrator and Use Permit Procedures.
A. The Floodplain Administrator shall issue floodplain use permits required by this section.
B. The following procedure shall be used by the Floodplain Administrator in considering issuance of floodplain use permits:
1. Upon receiving an application for a floodplain use permit involving the use of fill, construction of structures, or the storage of materials, and prior to rendering a decision thereon the Floodplain Administrator may:
a. Require the applicant to submit, where applicable, plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, storage of materials, flood-proofing measures; and the relationship of the above to the location of the channel, regulatory floodway, regulatory floodplain, the regulatory floodplain with base flood elevations, the proposed project in relation to flood heights and velocities, and the plans for flood protection. The applicant shall provide a new delineation of all regulatory floodplains affected by the project. The new delineation and reports shall be prepared in conformance with FEMA requirements and this chapter. The delineation shall show pre- and post-project floodplain limits and water surface elevations upstream, adjacent, and downstream of the project.
b. Require, where circumstances necessitate more detailed information, the applicant to furnish as much of the following additional information as is deemed necessary by the Floodplain Administrator for the evaluation of the effects of the proposed use upon flood flows and the consideration of other factors necessary to render a decision on suitability of the proposed use:
i. A typical valley cross-section showing the floodway, floodway fringe area, and the floodplain of the watercourse; elevation of land areas adjoining each side of the channel; cross-sectional areas to be occupied by the proposed development; and high water information;
ii. A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, and soil types, as well as other pertinent information;
iii. A profile showing the slope of the bottom of the channel or flow line of the watercourse;
iv. Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
c. Ensure that the proposed development does not adversely affect the carrying capacity of channels at locations where base flood elevations have been determined but a floodway has not been designated.
d. For FEMA regulated floodplains (SFHAs), require the applicant to submit appropriate (e.g., CLOMR, CLOMR-F, LOMR, etc.) applications, forms, and information to FEMA for review and approval. A floodplain use permit shall not be issued by the Town of Oro Valley until after receiving acknowledgement from FEMA of the acceptance of the CLOMR. Additionally, final building permit inspections shall not be made, nor shall certificates of occupancy be given, until after receiving acknowledgement from FEMA that the LOMR has become effective.
e. Ensure other related State of Arizona and Federal permits have been issued.
2. No permit shall be issued for any development that is not in conformance with this chapter, FEMA regulations, or some other provision of law relating to such development. A floodplain use permit may be denied if the proposed development constitutes a danger or hazard to life or property.
C. The Floodplain Administrator shall be responsible for the following duties:
1. Obtain and maintain for public inspection and make available the following:
a. Certification of the regulatory flood elevation required in Sections 17-5-1(C)(1), 17-5-1(C)(2), and 17-5-5;
b. The Zone AO certification required in Section 17-5-1(C)(2);
c. The flood-proofing certification required in Section 17-5-1(C)(3);
d. The certified opening elevation required in Section 17-5-1(C)(4);
e. Review all development permits for improvements and/or damages to existing structures to determine if the application of the substantial improvement rules apply, including establishing a definition of market value determination and verifying that the estimated improvement and/or repair costs are less than fifty percent (50%) of the market value of the structure;
f. Certification of elevation for subdivisions required by Section 17-5-4(E);
g. Certification for floodway encroachments required by Section 17-5-7(A);
h. Records of all variance actions, including justification for their issuance required by Section 17-6-3(C).
2. Notification of other entities:
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. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.
3. Within one hundred twenty (120) days after completion of construction of any flood control protective works which change 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 ADWR.
4. Advise the Pima County Regional Flood Control District and any adjunct jurisdiction having responsibility for floodplain management in writing and provide a copy of a development plan of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one (1) mile of the corporate limits of the Town of Oro Valley, Arizona. Also, advise the Pima County Regional 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. Written notice and a copy of the plan of development shall be sent to the district no later than three (3) working days after having been received by Town of Oro Valley.
5. Notify FEMA of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
6. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify FEMA 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.
7. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17-3-2 (Basis for Establishing the Regulatory Floodplain Areas), 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 Section 17-5-1 (Standards of Construction). 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 may be submitted to the Floodplain Board for adoption.
8. Make map interpretations, where needed, as to the exact location of the boundaries of the special flood hazard areas (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article 17-6 (Appeal and Variance Procedures).
9. Take remedial actions on violations of this chapter as required in Section 17-3-8 (Abatement of Violations). ((O)21-06, 11/17/2021; (O)17-04, 04/05/2017; (O)05-35, 10/05/2005)