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

For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!A. Whenever a subdivision plat or development plan contains a watercourse that is regulated bythis title, all rights-of-way, easements, and floodplains, associated with the watercourse shall beclearly labeled and designated as "drainageway," and/or floodplain.B. If the watercourse is an improved major watercourse with a base flood of 10,000 cfs or more,the drainageway right-of-way shall include the channel, the channel improvements; and forCounty or District use, a 50-foot wide area measured outward from the front face of the top ofthe bank protection on both sides of the channel.C. If the watercourse is an improved, minor watercourse, the drainageway shall include thechannel, the channel improvements, and access easements and ingress/egress points as necessaryfor maintenance access to assure the flood carrying capacity of the improved watercourse bemaintained.D. If the watercourse is to remain natural, the drainageway shall be the boundaries of theregulatory floodplain, the maximum encroachment limits, when applicable, or the erosion hazardarea, whichever is greater.E. Along any major watercourses where the peak discharge of a base flood is 10,000 cfs, orgreater, the improved drainageway andor/or floodway shall be dedicated in fee simple, or as aneasement, to the District.F. Along any minor watercourses where the peak discharge of a base flood is greater than 2,000cfs, constructed drainageways, channels, and associated flood control structures, as required toflood proof and protect property, shall be dedicated in fee simple, or as an easement, to theCounty; or, if acceptable to the Chief Engineer a private maintenance easement will be allowedin accordance with Chapter 16.38.G. Along other watercourses, the Chief Engineer shall determine whether it is necessary for theCounty or the District to have control of the drainageway. If the Chief Engineer determines thatpublic control is necessary, the owner shall dedicate the drainageway in fee simple or grant aneasement. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005; Ord.1999 FC-1 §§ 1 (part) 1999;Ord. 1988 FC-2 Art. 11 (F), 1988)16.36.100Detention systems.All development with residential densities of 3 or more units per acre that is located within acritical or balanced drainage basin, or any residential development larger than 1 acre in size thathas a density of 6 units per developed acre, or greater, as well as all proposed commercial andindustrial developments greater than 1 acre in size, shall provide some method of peak orvolumetric runoff reduction, unless fees in lieu of detention are proposed pursuant to 16.48.040and approved by the Chief Engineer. See Chapter 16.48 of this title. (Ord. 2010 FC-1; Ord. 2005FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 11 (G), 1988)16.36.110Cost recovery for drainage or flood control improvements.The Board may establish a cost-recovery system or fee system for the improvement orinstallation of public flood control systems. The purpose of the fee is to provide a method foroffsite improvements necessary in order to mitigate the effect of urbanization and to provide asystematic approach for the construction of public flood control improvements. Whenever such asystem is adopted, it shall demonstrate that the fee will in some manner benefit the propertyowned by the person or entity from which the fee is collected, and that it will be applied61