Section 14-4-3 Duties and Responsibilities of the Floodplain Administrator
Duties of the Floodplain Administrator shall include, but not be limited to:
A. 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.
5. The substantial improvement rules apply, including establishing a definition of market value determination and verifying that the estimated improvement or repair costs are less than 50 percent of the market value of the structure.
B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 14-3-2, 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 14-5. 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.
C. Obtain and maintain for public inspection and make available the following:
1. The certified regulatory flood elevation required in subsections 14-5-1(C)(1) and 14-5-5.
2. The Zone AO certification required in subsection 14-5-1(C)(2).
3. The floodproofing certification required in subsection 14-5-1(C)(3).
4. The certified opening elevation required in subsection 14-5-1(C)(4)(b).
5. Permit records for repair of flood-related damage to structures on a cumulative basis over the life of the structure.
6. The subdivision and other proposed development standards certification of elevation required by subsection 14-5-4(A)(2).
7. The floodway encroachment certification required by subsection 14-5-7(A).
8. Records of all variance actions, including justification for their issuance.
9. The improvement and damage calculations required by subsection 14-4-3(A)(5).
D. Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and ADWR prior to such alteration or relocation of a watercourse, and submit evidence of such notification to FEMA through appropriate notification means.
2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained.
E. Advise the Flood Control District of Maricopa County and any adjunct jurisdiction having responsibility for floodplain management in writing and provide a copy of a 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 Town of Fountain Hills. 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 Town of Fountain Hills.
F. Make interpretations, where needed, as to the exact location of the boundaries of the special flood hazard areas (e.g., 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 14-6.
G. Take actions on violations of this Chapter as required in Section 14-3-10 herein.
H. Notify FEMA of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.
I. Within one hundred twenty days after completion of construction of any flood control protective works which changes the rate of flow during the base 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 ADWR.
J. A community’s 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, a community shall notify FEMA of the changes by submitting technical or scientific data in accordance with Volume 44, Code of the Federal Regulations, Section 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. This is accomplished through the Letter of Map Revision process. (16-02, Added, 06/02/2016; 05-09, Added, 09/15/2005)