§ 16-4-3 Duties and responsibilities of the floodplain administrator.
Duties of the Floodplain Administrator shall include, but not be limited to the following.
(A) Permit review. Review all development permits to determine that:
(1) The permit requirements of this chapter have been satisfied;
(2) All other required state and federal permits have been obtained;
(3) The site is reasonably safe from flooding;
(4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, ADVERSELY AFFECTS means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
(B) Substantial Improvement and Substantial Damage Assessments.
(1) Review all development permits for improvements and/or damages to existing structures to determine if the application of the substantial improvement rules apply, including establishing a definition of market value determination and verifying that the estimated improvement and/or repair costs are less than 50% of the market value of the structure.
(C) Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 16-3-2, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer Article 16-5. Any such information shall be consistent with the requirements of FEMA and the Director of Water Resources and shall be submitted to the Floodplain Board for adoption.
(D) Information to be obtained and maintained. Obtain and maintain for public inspection and make available the following:
(1) The certified regulatory flood elevation required in Sections 16-5-1(C)(1) and 16-5-5;
(2) The Zone AO certification required in Section 16-5-1(C)(1);
(3) The flood-proofing certification required in Section 16-5-1(C)(2);
(4) The certified opening elevation required in Section 16-5-1(C)(3);
(5) Certification of elevation required by Section 16-5-4 (subdivisions and other proposed development standards);
(6) Certification required by Section 16-5-7 (floodway encroachments);
(7) Records of all variance actions, including justification for their issuance; and
(8) Obtain and maintain improvement and damage calculations required in subsection (B) of this section.
(E) Alteration of watercourses. Whenever a watercourse is to be altered or relocated:
(1) Notify adjacent communities and ADWR prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA through appropriate notification means; and
(2) Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.
(F) Written notice of development plan. Advise the district of Maricopa County and any adjunct jurisdiction having responsibility for floodplain management in writing and provide a copy of the development plan of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one mile of the corporate limits of the City. Also, advise the district of Maricopa County in writing and provide a copy of any development plan of any major development proposed within a floodplain or floodway which could affect floodplains, floodways or watercourses within the district’s area of jurisdiction. Written notice and a copy of the plan of development shall be sent to the district no later than three working days after having been received by the City.
(G) Interpretation of firm boundaries. Make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article 16-6.
(H) Actions on violations. Take actions on violations of this chapter as required in Section 16-3-10.
(I) Notification. Notify FEMA of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
(J) Delineation of floodplains. Within 120 days after completion of construction of any flood control protective works which changes the rate of flow during the flood or the configuration of the floodplain upstream or downstream from or adjacent to the project, the person or agency responsible for installation of the project shall provide to the governing bodies of all jurisdictions affected by the project a new delineation of all floodplains affected by the project. The new delineation shall be done according to the criteria adopted by the Director of Water Resources.
(K) Submission of data. Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the Floodplain Administrator shall notify FEMA of the changes by submitting technical or scientific data in accordance with 44 CFR § 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. (Prior Code, § 16-4-2) (Am. Ord. 05-956, passed 8-22-2005; Am. Ord. 20-1478, passed 8-24-2020)