underline-strikeout version of the final draft ordinance - Pima County ...

For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!C. Whenever a watercourse, which is regulated by FEMA and ADWR, is to be altered orrelocated the Chief Engineer shall:1. Notify adjacent communities and ADWR prior to such alteration or relocation of awatercourse, and submit evidence of such notification to FEMA through appropriate notificationmeans; and2. Require as a condition of the floodplain use permit that the flood carrying capacity of thealtered or relocated portion of said watercourse be maintained. (Ord. 2010 FC-1; Ord. 2005 FC-2§ 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 7 (B), 1988)16.20.040Permit - Specific conditions authorized.A. Any floodplain use permit may be subject to conditions or restrictions designed to reduce ormitigate the potential danger or hazard to life or property resulting from development within theregulatory floodplain, floodway, or erosion hazard areas. The applicant may be required toexecute deed restrictions, running with the land; or be required to post performance bonds,assurances or such other security as may be appropriate and necessary in order to assure thethatperformance of the conditions or restrictions of the permit that may be imposedare satisfied andto asensure that the requirements of this ordinanceTitle and the NFIPfederal flood insuranceprogram have been satisfied, including the following;1. All other required state and federal permits have been, or will be, obtained;2. The site is reasonably safe from flooding; and3. The proposed development does not adversely affect the flow carrying capacity of thewatercourse and floodplain by demonstrating that:areas where base flood elevations have beendetermined but a floodway has not been designated. For purposes of this ordinance, "adverselyeffects" means thata. The individual development will not increase the flow depth by more than 0.1 foot asmeasured at any property line,b. The individual development will not increase the flow velocity by more than 1 fps or 10%whichever is less as measured at any property line, except when it can be demonstrated that thepost-development velocity is not an erosive velocity. The velocity subject to this standard maybe the overbank velocity, the channel velocity, or both, as appropriate based on the type ofdevelopment and its location within the floodplain.c. Encroachments that exceed these limits may be approved by the Chief Engineer on a caseby-casebasis based on engineering analyses and a determination that the encroachment will notcause any adverse impact to adjacent properties, andd. Tthe cumulative effect of the proposed development, when combined with all other existingand anticipated development, will not increase the water surface elevation of the base flood morethan one foot at any point.B. Examples of conditions that may be imposed include, but are not limited to, the following:1. Relocation of development and structures to areas subject to no or less severe flooding orerosion hazards;2. Elevation of structures and associated service facilities to the regulatory flood elevation;3. Erosion protection;4. Use of flood resistant materials;5. The delineation of maximum encroachment limits;36