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

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For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!D. The Chief Engineer may require hydrologic, hydraulic, geomorphic, and riparian habitatanalyses that address both existing and future conditions, as well as the impacts that couldpotentially occur during grading and construction. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part),2005)16.42.040Grading or alterations in sheet flooding areas.A. Grading or any alteration that diverts, obstructs, or retards the flow of flood waters is subjectto the provision of this title and shall require permits as specified within this title.B. Slope protection and terracing to control surface drainage, erosion, and debris on cut or fillslopes may be required in accordance with the floodplain use permit and the adopted GradingDesign Manual.C. In accordance with the Grading Design Manual, erosion control shall be implemented andmaintained in order to prevent erosion of slopes and cleared, brushed, grubbed, or graded areas.(Ord. 2005 FC-2 § 2 (part), 2005)66
For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!Chapter 16.44VEHICULAR ACCESSSections:16.44.010 Purpose of provisions - Allocation of responsibility.16.44.020 Areas of applicability.16.44.030 Access requirements-Property owner duties.16.44.040 Permit requirements.16.44.010Purpose of provisions - Allocation of responsibility.It is recognized that private vehicular access may become impassable to ordinary and emergencyvehicles during times of flooding. It is the intent of this chapter to allocate the responsibility forprivate vehicular access, whenever said access crosses a FEMA regulatory floodplain. (Ord.2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2Art. 13 (A), 1988)16.44.020Areas of applicability.This chapter shall apply in all situations where private vehicular access crosses any FEMAregulatory floodplain located between the points where the private access leaves a paved,publicly maintained roadway and the end of the private access at the property line. (Ord. 2010FC-1; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 13 (B), 1988)16.44.030Access requirements - Property owner duties.In all situations where private vehicular access crosses a FEMA regulatory floodplain locatedbetween the points where the private access leaves a paved, publicly maintained roadway and theend of the private access, the owner of the property requiring the private vehicular access shall:A. Construct the private vehicular access in such a manner that it is permanent and is over terrainthat can be traversed by conventional motor vehicles during a base flood; orB. Execute and record a covenant, running with the land and enforceable by the County and theDistrict, which contains the following:1. An acknowledgment that the private vehicular access may be impassable to conventionalmotor vehicles and emergency vehicles in times of flooding,2. A hold-harmless provision, holding the County and the District harmless from and against allinjuries and damages resulting from traversing or attempting to traverse the private vehicularaccess during times of flooding, and3. A provision which either:a. Requires the covenantor successors and assigns to erect and maintain a sign(s) in a location(s)and size(s) acceptable to the County the District stating "DO NOT ENTER WHEN FLOODED,"orb. Causes the covenantor or successors and assigns to assume responsibility to notify users of theprivate vehicular access that it may be impassable in times of flooding, and agree to indemnifyand defend the County, the District, their officers, employees, servants and agents, against all67
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