For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!equitably to all property in proportion to flood waters generated by urban use <strong>of</strong> <strong>the</strong> property.The fees will also be restricted to providing flood control improvements necessary for <strong>the</strong>allowed use <strong>of</strong> <strong>the</strong> properties owned by <strong>the</strong> person or entity from which <strong>the</strong> fee is collected, and<strong>the</strong> fees shall be reasonably related to <strong>the</strong> actual cost <strong>of</strong> providing flood control improvementsbeneficial to <strong>the</strong> site or surrounding area. The fees will be reviewed by <strong>the</strong> Flood Control DistrictAdvisory Committee, prior to action by <strong>the</strong> Board. (Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 11 (H), 1988)16.36.120Drainage Channels.Channel design standards for constructed drainage channels and o<strong>the</strong>r flood control structuresshall be established by <strong>the</strong> Chief Engineer. The requirements as specified in this title areminimum standards and address general floodplain management requirements. Specific projectsmay warrant additional requirements that may be imposed by <strong>the</strong> Chief Engineer. In unusualconditions and on a case-by-case basis, permitting and construction <strong>of</strong> perimeter channels, floodwalls, levees or unlined constructed channels may be allowed with approval <strong>of</strong> <strong>the</strong> engineeringand construction specifications by <strong>the</strong> Chief Engineer.A. Drainage channels shall be designed to provide containment <strong>of</strong> <strong>the</strong> regulatory flood and tominimize erosion, but shall not be fully lined so that <strong>the</strong> improved channel bottoms shall remainnatural.B. Perimeter channels that route flow around <strong>the</strong> outer edge <strong>of</strong> <strong>the</strong> development should beareprohibited in all areas where <strong>the</strong>re is an established natural channel. Where used, perimeterchannels shall be adequately armored against erosion from flow intercepted by <strong>the</strong> channel, aswell as from flow within <strong>the</strong> channel.C. Flood walls or levees for flood pro<strong>of</strong>ing shall only be allowed under special circumstanceswith approval <strong>of</strong> <strong>the</strong> Chief Engineer within a FEMA designated floodplain, and shall be designedto meet FEMA's levee design requirements when located within a regulatory floodplain. Whereapproved for use, <strong>the</strong> levee or flood wall shall be constructed withincluding a minimum <strong>of</strong> 3 feet<strong>of</strong> freeboard above <strong>the</strong> base flood elevation. Adjacent finished floor elevations shall be 1 footabove <strong>the</strong> base flood elevation until <strong>the</strong> levee construction has been approved by <strong>the</strong> District, anda LOMR has been issued by FEMA, if necessary.D. For regulatory flows greater than 500 cfs, <strong>the</strong> construction <strong>of</strong> ear<strong>the</strong>n, unlined channels shallrequire written approval by <strong>the</strong> Chief Engineer as well as an engineering analysis prepared andsealed by an Arizona registered civil engineer. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part),2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1998 FC-1 Section 5, 1998)16.36.130Maintenance access to drainage improvements.Any and all drainage improvements shall be designed with adequate access to <strong>the</strong> drainageimprovements to allow for maintenance <strong>of</strong> <strong>the</strong> intended design conveyance and/or storagecapacity, maintenance <strong>of</strong> erosion control, and maintenance <strong>of</strong> flood control function. Suchdrainage improvements may include, but are not limited to, channels, culverts, storm waterdetention/retention basins, storm drains, streets, or o<strong>the</strong>r permanent conveyances or storagefacilities designed to meet <strong>the</strong> requirements <strong>of</strong> this title. (Ord. 2005 FC-2 § 2 (part), 2005)16.36.14062
For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!Appeals <strong>of</strong> subdivisions and development floodplain requirements.A. Appeals: Any property ownerapplicant requesting an appeal <strong>of</strong> a written finding by <strong>the</strong> ChiefEngineer may appeal to <strong>the</strong> Board as provided in Chapter 16.56 <strong>of</strong> this title.Any property ownerappealing any written decision concerning <strong>the</strong> interpretation or administration <strong>of</strong> this chapter,requesting an appeal to <strong>the</strong> development standards and requirements for floodplain management,erosion control or riparian habitat mitigation, shall first appeal in writing to <strong>the</strong> Chief Engineerwithin 30 days from receipt <strong>of</strong> <strong>the</strong> written decision.1. The Chief Engineer will respond within 15 days after <strong>the</strong> filing by an applicant with a <strong>final</strong>response not more than 45 days following <strong>the</strong> initial response.2. Within 10 working days <strong>of</strong> receipt <strong>of</strong> <strong>the</strong> written appeal, <strong>the</strong> Chief Engineer may meet with <strong>the</strong>property owner and request such additional information as is deemed necessary in order to renderhis written decision.3. Any property owner aggrieved by <strong>the</strong> written decision <strong>of</strong> <strong>the</strong> Chief Engineer may file apetition with <strong>the</strong> Clerk <strong>of</strong> <strong>the</strong> Board within 30 days from receipt <strong>of</strong> <strong>the</strong> decision <strong>of</strong> <strong>the</strong> ChiefEngineer to appeal <strong>the</strong> Chief Engineer's decision to <strong>the</strong> Board. The appeal shall contain a detailedexplanation <strong>of</strong> all matters in dispute, and <strong>the</strong> Board, through <strong>the</strong> Chief Engineer, may require <strong>the</strong>submission <strong>of</strong> such additional information, as it deems necessary.B. Any property owner requesting a variance to this chapter shall request a variance through <strong>the</strong>Chief Engineer. The Chief Engineer shall schedule a hearing before <strong>the</strong> Board on <strong>the</strong> request fora variance pursuant to Chapter 16.56 <strong>of</strong> this title. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part),2005)63
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