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!!!iii4) . The certified opening elevationflood vent certification required in Chapter 16.20;.iv. The floodway encroachment certification required in Chapter 16.24v. The certifications of elevation required for additional development standards, includingsubdivisions required in Chapter 16.36vi. A record of all variance actions, including justification for their issuance, and report suchvariances in the biennial report submitted to FEMA; andvii. All improvement calculations used to determine substantial improvement.c. Whenever a federally regulated watercourse is to be altered or relocated, provide notificationas required by this title.B. The Chief Engineer is responsible forauthorized to:1. Interpretation of this title and associated technical flood and watercourse documents includingfloodplain maps and riparian habitat maps identified within this title;2. Establishment of engineering standards and guidance manuals, as necessary for activitiesregulated by this title;3. Administration Administer of appeals requesting waivers or modifications to engineeringstandards and guidance manuals and administrative interpretation as provided within provisionsof this title. Appeals to the Chief Engineer shall follow the requirements of 16.56.010;4. Make tTechnical interpretations including base flood data and elevations consistent withfederal and state floodplain management requirements;.5. Take actions Render final decisions and orders on violations of this ordinance as required inChapter 16.64 herein.C. The Board is responsible forauthorized to:1. Adoption of rules and bylaws for enforcement of regulation of floodplains, erosion hazardsand riparian habitats,2. Hearing requests for variances from the regulations to the extent permitted by A.R.S. Section48-3609,3. Hearing requests for appeals of written findings decisions of the Chief Engineer; and4. Exerciseing all powers and duties to carry out regulatory functions, as required by A.R.S.Section 48-3603, including establishment of a fee schedule for the review of applications forpermits and variances from, or interpretations of, the provision of this title.D. The Technical Review Committee may be requested by the Chief Engineer, or the Board, toprovide technical review and recommendations on complex technical issues for administration,compliance and enforcement of this title.(Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005)16.54.030Compliance.A Compliance mechanisms: Title compliance is sought through:1. A review procedure for floodplain use permits, subdivision plats, development plans and otherplans;2. A permitting system that will deny the issuance of a permit if the proposed activity conflictswith title requirements;3. An enforcement system that will provide for compliance and enforcement of the title; and4. An organizational structure that identifies specific officers and employees empowered toadminister the above methods of compliance. (Ord. 2005 FC-2 § 2 (part), 2005)74
For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!B. It shall be the duty of the Chief Engineer, Floodplain Administrator, County Engineer, ZoningInspector and all other departments, officials and public employees vested with the duty orauthority to issue permits to determine compliance with the provisions of this title and to issue nopermit in conflict with the provisions of this title.C. Validity of permit:1. The issuance or granting of a floodplain use permit, a building permit, or approval of plans orspecifications under the authority of this title shall not be deemed or construed to be a permit for,or an approval of, any violation of any of the provisions of this title or the amendments thereto,or of any other title or law;2. No permit presuming to give authority to violate or cancel any of the provisions of this title orany existing law shall be issued, and if issued, then the permit shall not be valid and shall berevoked as provided in 16.20.060 of this title;3. Any permit issued in conflict with the provisions of this title shall be null and void; and4. A floodplain use permit shall be valid:a. For one year after the date of issuance for permanent structures and flood controlimprovements, orb. Upon completion of permanent structures and flood control improvements associated with thepermit provided that all permit requirements are met including certifications of elevationcertificates when required, orc. For one year after the date of issuance for any excavation activity or any other activity-basedpermits issued under this title. Such activity-based permits shall be reviewed for complianceannually, and be re-permitted, if appropriate, based on conditions current at the time of permitrenewal. (Ord. 2010 FC-1, Ord. 2005 FC-2 § 2 (part), 2005)16.54.040Enforcement.A. The Floodplain Administrator is responsible for investigating all complaints of suspectedviolations of this title.1. Notification. When necessary to enforce this title, the Floodplain Administrator shall providewritten notification to the property owner:a. Identifying the compliance required by this title.b. Identifying additional information or engineering required to show compliance.2. Schedule. Provide a time schedule for corrective actions for complianceB. The Chief Engineer shall hear and decide complaints alleging violations of this title;1. The form and service of complaints and the hearing procedures of the Chief Engineer shallfollow the procedure identified in chapters 16.56 and 16.64 of this title.2. The Chief Engineer will render a decision in writing, which may be appealed in accordancewith chapters 16.56 of this title.3. Mitigation Requirements:a. The action of the Chief Engineer regarding a building, grading or plant removal violation mayinclude a requirement to mitigate the damage resulting from the violation; andb. The Chief Engineer may, in writing, refer a determination of all or part of the requirements formitigation of a violation of this title to the Technical Review Committee.C. Any property owner party to the violation may appeal the decision of the Chief Engineer tothe Board subject to the provisions in Chapter 16.56;75
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