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HomeMy WebLinkAboutPackets - Stormwater Utillity Commission (164)       AGENDA STORMWATER UTILITY COMMISSION REGULAR SESSION JULY 15, 2021 ONLINE ZOOM MEETING JOIN ZOOM MEETING https://orovalley.zoom.us/j/97877370451?pwd=aklMKzl3R2JRZUlxQmFod1hGbEl2QT09 To attend via phone ONLY, dial 1-346-248-7799 enter Meeting ID: 978 7737 0451, then enter Passcode: 603302          REGULAR SESSION AT OR AFTER 4:00 PM   CALL TO ORDER   ROLL CALL   CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Commission on any issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual Commission members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Commission may not discuss or take legal action on matters raised during "Call to Audience". In advance requests to speak are preferred and may be sent to the Commission Secretary at stwov@orovalleyaz.gov no later than one hour before the meeting begins.   COUNCIL LIAISON COMMENTS (INFORMATIONAL ONLY)   DIRECTORS REPORT (INFORMATIONAL ONLY)   REGULAR SESSION AGENDA   1.REVIEW AND APPROVAL OF THE MAY 20, 2021 MEETING MINUTES   2.WELCOME, DENNIS ROBERTS, NEW ORO VALLEY STORMWATER UTILITY SENIOR STORMWATER ENGINEER    3.DISCUSSION OF MEETINGS AND EVENTS   4.DISCUSSION OF PROPOSED TOWN CODE CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT   5.DISCUSSION AND REVIEW OF STORMWATER UTILITY APPROVED BUDGET FOR FISCAL YEAR 21-22   FUTURE AGENDA ITEMS   ADJOURNMENT ADJOURNMENT   POSTED: 7/09/21 at 5:00 p.m. by pp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Commission meeting in the Town Clerk's Office between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Commission meeting at 520-229-4700.  INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Commission during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. In accordance with Amendment #2 of the Mayoral Proclamation of Emergency issued on March 27, 2020, the following restrictions have been placed on all public meetings until further notice:   1. In-person attendance by members of the public is prohibited.   2. Members of the public can either watch the public meeting online https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas  or, if they would like to participate in the meeting (e.g. speak at Call to Audience or speak on a Regular Agenda item), they can attend the meeting and participate via the on-line meeting application, Zoom, https://orovalley.zoom.us/j/97877370451?pwd=aklMKzl3R2JRZUlxQmFod1hGbEl2QT09, or may participate telephonically only by dialing 1-346-248-7799 then enter Meeting ID: 978 7737 0451, then enter Passcode: 603302 prior to or during the posted meeting.   3. If a member of the public would like to speak at either Call to Audience or on a Regular Agenda item, please "raise your hand" during the meeting when the Chair announces that it is the appropriate time to do so. For those participating in the meeting through Zoom, place your cursor towards the bottom, middle of the page and look for the "raise your hand" icon and click on it to "raise your hand" to speak. For those participating via phone only, press *9 to "raise your hand".   4. All members of the public who participate in the Zoom meeting either with video or telephonically will enter the meeting with microphones muted.  For those participating via computer/tablet/phone device, you may choose whether to turn your video on or not.  Those participating via computer/tablet/phone device can click the “raise your hand” button during the Call to the Public or Regular Agenda item, and the Chair will call on you in order.  For those participating by phone, you can press *9, which will show the Chair that your hand is raised.  When you are recognized at the meeting by the Chair, your microphone will be unmuted by a member of staff and you will have three minutes to speak before your microphone is again muted.   5. If a member of the public would like to submit written comments to the Stormwater Utility Commission for their consideration prior to the meeting, please email those comments to stwov@orovalleyaz.gov no later than sixty minutes before the public meeting.  Those comments will then be electronically distributed to the public body prior to the meeting. If you have questions, please contact the Stormwater Utility Commission's Recording Secretary, at 520-229-4850 or email at stwov@orovalleyaz.gov    Thank you for your cooperation.   “Notice of Possible Quorum of the Oro Valley Town Council, Boards, Commissions and Committees: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-4 of the Oro Valley Town Code, a majority of the Town Council, Board of Adjustment, Historic Preservation Commission, Parks and Recreation Advisory Board, Stormwater Utility Commission, and Water Utility Commission may attend the above referenced meeting as a member of the audience only."      Stormwater Utility Commission 1. Meeting Date:07/15/2021   Submitted By:Yarina Hynd, Public Works SUBJECT: REVIEW AND APPROVAL OF THE MAY 20, 2021 MEETING MINUTES RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve (approve with changes), the May 20, 2021 meeting minutes. Attachments 05-20-21 Draft Minutes  D R A F T MINUTES STORMWATER UTILITY COMMISSION REGULAR SESSION MAY 20, 2021 MEETING HELD VIA ZOOM            REGULAR SESSION AT OR AFTER 4:00 PM   CALL TO ORDER Chair Cuffari called the meeting to order at 4:00 P.M.   ROLL CALL Present: Joan Brown, Commissioner Dave Parker, Vice Chair Joseph Cuffari, Chair Absent: Gary Mattson, Commissioner William Thomas, Commissioner Staff Present:John Spiker, Stormwater Division Manager Justin Turner, Senior Stormwater Engineer Scott Bennett, Stormwater Utility Analyst Harry Greene, Town Council Liaison  Commissioner Gary Mattson joined the Zoom meeting at 4:21 p.m. Commissioner William Thomas asked to be excused.   CALL TO AUDIENCE There were no speaker requests or raised hands during the Call to Audience.   COUNCIL LIAISON COMMENTS (INFORMATIONAL ONLY) Council Liaison Harry Greene had no comments at this time.   DIRECTORS REPORT (INFORMATIONAL ONLY) Division Manager John Spiker made the following comments: In person meetings may take place in the near future, however, there is no official date at this time. Stormwater Utility (SWU) placed messaging through informational inserts in Oro Valley Water bills. Preparation is taking place for a SWU article in Oro Valley Vista newsletter and the Explorer Messaging includes monsoon preparedness, signing up for Oro Valley CodeRED, signing up for Pima County MyAlerts, the SWU Floodplain Inquiry Map and the Sandbag program information, helping citizens to stay as informed as they can be. 5/20/21 Minutes, Stormwater Utility Commission Regular Session 1 National Weather Service (NWS) has a Monsoon Awareness Month, June 12-19, we are going to utilize some of their messaging, especially be prepared the monsoons are coming. Coordinating with the NWS on post fire conditions as well as monsoon outlook. Post fire coordination meetings to help us to be prepared for what might come down the mountain, include the NWS, the US Forest Service, Pima County, Pinal County, the Town of Oro Valley and Golder Ranch Fire.   REGULAR SESSION AGENDA   1.REVIEW AND APPROVAL OF THE MARCH 18, 2021 MEETING MINUTES       Motion by Vice Chair Dave Parker, seconded by Commissioner Joan Brown to approve the March 18, 2021 regular session minutes as written.  Vote: 3 - 0 Carried   2.RECOGNITION FOR OUTGOING SENIOR STORMWATER ENGINEER, JUSTIN TURNER       Staff and Commissioners said thank you and farewell to Senior Stormwater Engineer Justin Turner, and commented on the scope of work and commitment he provided.   3.DISCUSSION OF STORMWATER MEETINGS AND EVENTS       Mr. Spiker reported on recent and upcoming meetings and events.   4.STATUS UPDATE ON TOWN CODE CHAPTER 17 FLOODPLAIN AND EROSION HAZARD MANAGEMENT       Mr. Spiker reported that the Town Council, acting on an item on last night's Town Council Regular Session Agenda, did pass a motion to initiate changes to the Town Code CH 17, Floodplain and Erosion Hazard Management. A final draft is expected to go onto the Councils Agenda for June 2, 2021.   5.UPDATE AND DISCUSSION ON ACCEPTABLE FIRST FLUSH WATER-QUALITY TREATMENT AND MANAGEMENT METHODS       Mr. Turner commented that we are currently rewriting the Drainage Criteria Manual (DCM) and that should be available for distribution later this summer. One of the chapters deals specifically with water quality, and the rules & regulations that we are required to enforce: the Constructions General Permit - SWPPP plan for contractors the MS4 General Permit - we are required to monitor private and public properties that discharge waters onto our MS4, our public drainage system Regulating parking lots, regarding first flush, the Town required the first 1/2 inch of paved parking lots be treated by first flush filtration devices. The State recently advised the Town that the Town can let the owner/engineer decide how they want to protect the environment to prevent pollution. This will now place us in close step with other communities in Pima County and the State of Arizona. On this topic, the MS4 General Permit is coming up for re-issuance and one of the new provisions is they are going to be requiring small MS4 communities like us to collect runoff water and test it at a laboratory for compounds on an annual basis and use that information to re-emphasize the best management practices to the possible perpetrator.   5/20/21 Minutes, Stormwater Utility Commission Regular Session 2 6.DISCUSSION OF 2020/2021 TOWN OF ORO VALLEY MS4 COMPLIANCE SCHEDULE, THIRD QUARTER REPORT       Mr. Spiker reported on the 3rd quarter of the MS4 Compliance Schedule of the 20/21 reporting period that runs from July1, 2020 to June 30, 2021. A review of the checklist followed. Mr. Spiker commented on a few highlights: A flyer was distributed to Oro Valley Port-a-John rental companies reminding them how to install their facilities and how to operate them properly Encouragement of public participation via volunteer groups, sponsored by the Town, to volunteer through the Keep Oro Valley Clean program which involves roadway cleanups and keeping Oro Valley clean, all things that help water quality Annual inspections of Town municipal operations and maintenance yards which do contain potential pollutants   7.DISCUSSION AND POSSIBLE ACTION REGARDING THE CANCELLATION OF THE JUNE 17, 2021 SWUC REGULAR SESSION MEETING       Discussion ensued among the Commissioners and Staff. Commissioners expressed concern over having enough information to be able to vote on the 2021 Stormwater Utility Rate Analysis without a better understanding of the budget and decided they could begin the review of the budget starting with the July 2021 meeting.    Motion by Commissioner Joan Brown, seconded by Vice Chair Dave Parker to approve cancellation of the June 17, 2021 regular session meeting.  Vote: 4 - 0 Carried   FUTURE AGENDA ITEMS Budget FY 21/22 Discuss date for Field Trip   ADJOURNMENT    Motion by Commissioner Gary Mattson, seconded by Vice Chair Dave Parker to adjourn the meeting.  Vote: 4 - 0 Carried    Chair Cuffari adjourned the meeting at 5:24 P.M.     I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Stormwater Utility Commission of Oro Valley, Arizona held on the 20th day of May, 2021. I further certify that the meeting was duly called and held and that a quorum was present. Dated this _____ day of ___________, 2021. ___________________________ 5/20/21 Minutes, Stormwater Utility Commission Regular Session 3 Yarina Hynd Office Specialist 5/20/21 Minutes, Stormwater Utility Commission Regular Session 4    Stormwater Utility Commission 2. Meeting Date:07/15/2021   Requested by: John Spiker, Public Works Submitted By:John Spiker, Public Works SUBJECT: WELCOME, DENNIS ROBERTS, NEW ORO VALLEY STORMWATER UTILITY SENIOR STORMWATER ENGINEER  RECOMMENDATION: For informational purposes only  EXECUTIVE SUMMARY: Mr. Dennis Roberts joined the Oro Valley Stormwater Utility on June 14, 2021 replacing our esteemed colleague Mr. Justin Turner. Dennis grew up in the Tucson Region, graduating from Canyon Del Oro High School and receiving his Bachelor's of Science in Civil Engineering from the University of Arizona. Dennis has over 15 years of engineering experience with site drainage and development projects encompassing the state of Arizona. A licensed Professional Engineer in the state of Arizona, Dennis comes to the Town from the private sector where he led a team of up to 20 staff members on residential and commercial development projects. Some notable projects in town Dennis has been affiliated with are the La Estancia, Red Rock Villages, and Rincon Knolls developments.  Dennis enjoys hikes in the desert and spending time with his wife and 2 daughters. Please help me welcome Mr. Dennis Roberts to the Town of Oro Valley.  BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: N/A    Stormwater Utility Commission 3. Meeting Date:07/15/2021   Requested by: John Spiker, Public Works Submitted By:John Spiker, Public Works SUBJECT: DISCUSSION OF MEETINGS AND EVENTS RECOMMENDATION: N/A EXECUTIVE SUMMARY: The following is a list of immediate past, and future, stormwater meetings and events.  May 20, 2021 - Stormwater Utility Commission Regular Session Meeting June 14, 2021 - Pima Association of Governments Stormwater Pollution Prevention - Low Impact Development Working Group Meeting June 16, 2021 - Pima County Flood Control District Advisory Committee Meeting June 16, 2021 - Town Council Fiscal Year Budget Adoption June 17, 2021 - Stormwater Utility Commission Regular Session Meeting (canceled) July 12, 2021 - Pima Association of Governments Stormwater Pollution Prevention - Low Impact Development Working Group Meeting July 15, 2021 - Stormwater Utility Commission Regular Session Meeting July 21, 2021 - Pima County Flood Control District Advisory Committee Meeting  BACKGROUND OR DETAILED INFORMATION: For informational purposes only  FISCAL IMPACT: N/A SUGGESTED MOTION: N/A    Stormwater Utility Commission 4. Meeting Date:07/15/2021   Requested by: John Spiker, Public Works Submitted By:John Spiker, Public Works SUBJECT: DISCUSSION OF PROPOSED TOWN CODE CHAPTER 17, FLOODPLAIN AND EROSION HAZARD MANAGEMENT RECOMMENDATION: N/A EXECUTIVE SUMMARY: See below BACKGROUND OR DETAILED INFORMATION: With approval by the Town Engineer, and others, the attached copy of the revised Town Code Chapter 17 went before the Mayor and Council as a Resolution and Public Hearing at the June 2, 2021 Council Meeting. The Town Council did approve the Resolution, (R) 21-22, allowing for a Public Hearing, but the ordinance to adopt the amendments was continued until the September 1, 2021 Council Meeting. Staff has prepared additional presentation material to address comments from the Town Council.   Prior to the Council Meeting, Chapter 17 was reviewed by Town staff as well as Brian Cosson and others from the Arizona Department of Water Resources (ADWR), and presented here at the Stormwater Utility Commission. The current Floodplain and Erosion Hazard Management Ordinance No. (O) 17-04 was passed and adopted by the Town Council on April 5, 2017.  More recently, the ADWR conducted a Community Assistance Contact  (CAC) on July 17, 2020, which resulted in recommendations, among others, that the Town update Chapter 17 to incorporate standard wording contained in the State of Arizona Floodplain Management Model Ordinance, dated June 2020. The attached annotated copy of Chapter 17 has been updated accordingly.  Changes were limited to those needed to bring Chapter 17 into conformance with the state Model Ordinance, as well as to be consistent with changes being made to the Town of Oro Valley Drainage Criteria Manual.  The most notable changes are as follows.  Article 17-2-1 Definitions.   Archaic terms were deleted, and others were added or modified to conform to the Model Ordinance.  Duplicative or conflicting language was also deleted. 1.  Article 17-2-1 Definitions.   The term Base Flood has been changed to mean a 100-year peak discharge of 100 cubic feet per second (100 cfs) instead of 50 cfs.  This was done to be consistent with other local jurisdictions. 2. Article 17-4-3 Duties of the Floodplain Administrator and Use Permit Procedures.  Clarification was added regarding issuance of building permits within effective FEMA Special Flood Hazard Areas. 3. FISCAL IMPACT: N/A SUGGESTED MOTION: N/A Attachments Chapter 17 Amendments  Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 1 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. CHAPTER 17 FLOODPLAIN AND EROSION HAZARD MANAGEMENT Articles: 17-1 Statutory Authorization, Findings of Fact, Purpose and Methods 17-2 Definitions 17-3 Gene ral Provisions 17-4 Administration 17-5 Provisions for Flood Hazard Reduction 17-6 Appeal and Variance Procedures 17-7 Ordinance Amendments 17-8 Fees Article 17-1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS Sections: 17-1-1 Statutory Authorization 17-1-2 Findings of Fact 17-1-3 Statement of Purpose 17-1-4 Methods of Reducing Flood Losses 17-1-1 Statutory Authorization. The Legislature of the State of Arizona has, in ARS § 48-3610, enabled the Town of Oro Valley to assume the powers and duties for floodplain management and adopt regulations in conformance with ARS § 48-3609 that are designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Council of Oro Valley, Arizona, does ordain as follows. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 2 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 17-1-2 Findings of Fact. A. The REGULATORY FLOODPLAINS flood hazard areas of Oro Valley are subject to periodic inundation that may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in REGULATORY FLOODPLAINS the regulatory floodplain, which increase flood heights and velocities. Also, when these obstructions are inadequately anchored, they may cause damage in other areas. Uses that are inadequately flood-proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-1-3 Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located IN REGULATORY FLOODPLAINS in the regulatory floodplain; F. To help maintain a stable tax base by providing for the protection of regulatory FLOODPLAIN SOUND USE AND DEVELOPMENT OF THE SPECIAL FLOOD HAZARD AREAS and erosion hazard areas; G. To ensure that potential buyers are notified that property is in a regulatory floodplain; H. To ensure that those who occupy an area in a regulatory floodplain assume responsibility for their actions; and I. G. To participate in and maintain eligibility for flood insurance and disaster relief. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 3 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 17-1-4 Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to the public health, safety, and welfare as well as public and private property, due to water or development hazards; or which result in increased damages to development or increases in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of start of construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help to accommodate natural flood storage potential or the channelization of floodwaters; D. Controlling filling, grading, dredging, and other development that may increase flood damage; and E. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters, or that may increase flood hazards in other areas. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Article 17-2 DEFINITIONS 17-2-1 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage, and to give this chapter its most reasonable application. Accessory Structure means a structure that is on the same parcel of property as a principal structure, the use of which is incidental to the use of the principal structure. FOR FLOODPLAIN MANAGEMENT PURPOSES, THE TERM INCLUDES ONLY ACCESSORY STRUCTURES USED FOR PARKING AND STORAGE. Alluvial Fan means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported downstream by flood flows, and then deposited on valley floors, and that is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement, deposition, and channel migration. Alluvial Fan – Inactive means an alluvial fan where floodwaters typically flow within incised channels, and adjacent lands are stable. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 4 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. Alluvial Fan Flooding means flooding occurring on the surface of an alluvial fan, or similar landform, which originates at the apex; and is characterized by high-velocity flows; active processes of erosion, sediment transport, deposition, and unpredictable flow paths. Alluvial Fan High Hazard Area (AFHH) means an area of active alluvial fan flooding that is reserved to convey and receive sediment and floodwater without altering, and thereby potentially increasing, the distribution of flood hazards across the fan to otherwise inactive areas and areas located down slope. Apex means a point on an alluvial fan, or similar landform, below which the flow path of the major stream that formed the fan becomes unpredictable, and alluvial fan flooding can occur. Appeal means a request for a review of the decision of the Floodplain Administrator or Town Engineer concerning previous determinations or actions, pursuant to this chapter. REQUEST FOR A REVIEW OF THE FLOODPLAIN ADMINISTRATOR'S INTERPRETATION OF ANY PROVISION OF THIS ORDINANCE OR A REQUEST FOR A VARIANCE. Appeals are heard and decided by the Floodplain Board. Area of Shallow Flooding means a designated zone AO OR AH, AR/AO or AR/AH on a community’s Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Base Flood means a flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood shall mean the peak discharge of a one hundred (100) year flood of fifty (50) cubic feet per second (cfs) or greater. Said flood shall be determined from an analysis of floods on a particular watercourse, and other watercourses in the same general region, in accordance with the criteria established by the Arizona Department of Water Resources and the Town of Oro Valley, which criteria are hereby incorporated by reference and made a part of this chapter. BASE FLOOD ELEVATION (BFE) MEANS THE COMPUTED ELEVATION TO WHICH FLOODWATER IS ANTICIPATED TO RISE DURING THE BASE FLOOD. Basement means any area of a structure with a subgrade floor (i.e., below the adjacent ground level) ON ALL SIDES. Building. See “Structure.” Community means any state or area or political subdivision thereof, or any Indian tribe, authorized tribal organization, or authorized native organization, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction. Critical Facility means a facility such as a hospital, nursing home, police and fire stations, and other public safety facilities that would be severely impacted by flooding interrupting critical services or leading to significant sheltering needs for the sick or elderly. REFER TO SECTION 17-5-8(D). Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 5 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. Detention System means a type of flood control system which delays the downstream progress of floodwaters in a controlled manner, generally through the combined use of a temporary storage area and a metered outlet device, which causes a lengthening of the duration of the flow and thereby reduces downstream flood peaks. Development means any manmade change to improved or unimproved real estate, including but not limited to structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of materials and equipment located within the regulatory floodplain. Dwelling means a habitable structure. Elevation Certificate means an administrative tool of the National Flood Insurance Program (NFIP) that is used to provide elevation information necessary to ensure compliance with community floodplain management ordinances, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision Based on Fill (LOMR-F). Encroachment means the advance or infringement of uses, landscape vegetation, fill, excavation, permanent structures, or development into a floodplain that may impede or alter the flow capacity of a floodplain. An equal degree of encroachment is a standard applied to the evaluation of the effects of the encroachment on increases in flood heights. It assumes that an encroachment, if permitted, may confer on all property owners on both sides of the watercourse an equal right to encroach to the same degree within that reach. Since the factors affecting hydraulic efficiency are usually not uniform within a reach, this standard will usually not result in equal measured distances between regulatory floodway limit lines THE REGULATORY FLOODWAY and the regulatory floodplain boundaries REGULATORY FLOODPLAIN of the watercourse. Erosion means the process of the gradual wearing away of landmasses. This peril is not, per se, covered under the National Flood Insurance Program. Erosion Hazard Area means lands adjoining a watercourse that is regulated by this chapter which are deemed by the Town Engineer to be subject to flood-related erosion losses (ref. the adopted Drainage Criteria Manual, Town of Oro Valley)., PURSUANT TO THE TOWN’S ADOPTED DRAINAGE CRITERIA MANUAL. Erosion Setback means the minimum horizontal distance between a structure or permanent feature and the channel bank necessary to protect the structure/feature from flood related erosion damage. For method to be used for determination of the erosion setback, see the adopted TOWN OF ORO VALLEY Drainage Criteria Manual, Town of Oro Valley Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are affixed (including, at a minimum, the installation of utilities, construction of streets, and either final site grading or the pouring of concrete slabs) was completed before DECEMBER 4, 1979, the effective date of the FLOOD INSURANCE RATES MAPS floodplain management regulations adopted by the COMMUNITY THE TOWN OF ORO VALLEY. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 6 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. Expansion to an Existing Manufactured Home Park or Subdivision means preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA) means an agency of the Federal government responsible for programs of disaster response and recovery, disaster preparedness, hazard mitigation, flood insurance, and other programs of technical and financial assistance. Federal Insurance and Mitigation Administration (FIMA) manages the National Flood Insurance Program. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of floodwaters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood. Flood Protection System means those physical structural works for which funds have been authorized, appropriated, and expended; and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to designation as a regulatory floodplain as well as the extent and depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards. Floodplain or Flood-prone Area means any land area susceptible to being inundated by water from any source (see “FLOOD” OR “Flooding”). Floodplain Administrator is the Town Engineer, or his/her THEIR designee, whose duty it is to oversee administration and enforcement of the floodplain management regulations contained in this CHAPTER document. Floodplain Board means the Town Council of Oro Valley, at such times as they are engaged in the enforcement of this chapter. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 7 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. Floodplain Management means the operation of an integrated natural resource management program encompassing corrective and preventive measures for reducing flood and erosion damage. Floodplain management includes but is not limited to emergency preparedness planning, flood control works and floodplain management regulations. Floodplain Management Regulations means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other applications of legal and regulatory authority that control use of, and development in, flood-prone areas. This term describes Federal, State, or local regulations, and any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain Use Permit ( ALSO PERMIT FOR DEVELOPMENT IN A FLOODPLAIN) means an official document that authorizes special activity within the regulatory floodplains or erosion hazard areas REGULATORY FLOODPLAINS OR EROSION HAZARD AREAS of Oro Valley. Flood-proofed means a watertight structure with walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy, and by means other than elevation. Flood-proofing means any combination of structural and nonstructural additions, changes, or adjustments to NONRESIDENTIAL structures that reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents by means other than elevation. Flood-Related Erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. Floodway. See “Regulatory Floodway.” Floodway Fringe is that area of the floodplain lying on either side of a regulatory floodway where encroachment may be permitted. Functionally Dependent Use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. Governing Body is the local governing unit (i.e., county or municipality) empowered to adopt and implement regulations providing for the public health, safety, and general welfare of its citizenry. Hardship means that the physical characteristics of the property in question are so unusual, exceptional, and peculiar TO THE PROPERTY that a variance regarding its use may be requested and granted. Mere economic Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 8 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, be construed to qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, requires the property owner to build elsewhere, or means that the parcel must be put to a different use than originally intended. Highest Adjacent Grade means the highest natural elevation of the ground surface immediately adjacent to a structure prior to construction of the proposed walls of a structure. Historic Structure means any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on the State of Arizona inventory of historic places, as approved by the Secretary of the Interior; or D. Individually listed on the Town of Oro Valley’s inventory of historic places and that has been certified by an approved State of Arizona program, as determined by the Secretary of the Interior. Levee means a human-made structure, usually an earthen embankment designed and constructed in accordance with sound engineering practices, for the purpose of containing, controlling, or diverting the flow of water so as to provide protection from temporary flooding. Lowest Floor means the lowest floor of the lowest enclosed area including the basement (see “Basement” definition) or crawl space under a manufactured home if it is not vented. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered to be the lowest floor of a structure; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. Market Value means the determination of the estimated cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 9 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but FLOODPLAIN ADMINISTRATOR BUT shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. Alternatively, the market value is the valuation made by the Pima County Assessor’s Office. Mean Sea Level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum of 1988 (NAVD ’88), or other datum to which base flood elevations Base Flood Elevations shown on a community’s Flood Insurance Rate Map are referenced. National Flood Insurance Program (NFIP) means a program administered by FEMA that makes Federally backed flood insurance available for purchase by individuals that live in NFIP participating communities. New Construction. For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Obstruction includes, but is not limited to, any dam, wall, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across, or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or which due to its location influences its propensity to snare or collect debris carried by the flow of water, thereby reducing its likelihood of being carried downstream as well as reducing the channel’s ability to convey flow. One Hundred (100) Year Flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year (see “Base Flood”). ALSO REFERRED TO AS THE ONE-PERCENT ANNUAL EXCEEDANCE PROBABILITY FLOOD (1% AEP FLOOD). PERMIT FOR DEVELOPMENT IN A FLOODPLAIN (ALSO REFERRED TO AS A FLOODPLAIN USE PERMIT) IS AN OFFICIAL DOCUMENT ISSUED BY THE TOWN OF ORO VALLEY AUTHORIZING PERFORMANCE OF SPECIFIC ACTIVITY IN ANY REGULATORY FLOODPLAIN OR EROSION HAZARD AREA AFTER IT HAS BEEN DETERMINED TO BE REASONABLY SAFE FROM FLOODING AND EROSION. THESE PERMITS ARE REQUIRED TO ENSURE THAT PROPOSED DEVELOPMENT PROJECTS MEET THE REQUIREMENTS OF THE NFIP AND THE PROVISIONS OF THIS CHAPTER. EXAMPLES INCLUDE GRADING PERMITS, BUILDING PERMITS, AND FLOODPLAIN USE PERMITS. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 10 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. Person means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or the State of Arizona or its agencies or political subdivisions. Program means the National Flood Insurance Program authorized by 42 U.S.C. 4001 through 4128, or as authorized by subsequent Federal statutes. Reach is a hydraulic engineering term to describe longitudinal segments of a stream or watercourse. A reach will generally include the segment of the flood hazard area where flood heights are primarily controlled by manmade or natural obstructions or constrictions. In an urban area, an example of a reach would be the segment of a stream or watercourse between two (2) consecutive bridge crossings. Recreational Vehicle means a vehicle that is: A. Built on a single chassis; B. Four hundred (400) square feet or less in area, when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Flood Elevation means an elevation that is one (1) foot above the calculated water surface elevation of the base flood BASE FLOOD, AS ESTABLISHED BY THE STATE OF ARIZONA FOR FLOODPLAIN MANAGEMENT PURPOSES Regulatory Floodplain or Flood-Prone Area means that portion of the geologic floodplain associated with a watercourse, including its channel or any other floodplain or flood-prone area that would be inundated by the base flood. It also means areas which are subject to sheet flooding, special flood hazard areas, and those areas mapped as floodplains/flood-prone on recorded subdivision plats or other flood hazard boundary maps. THAT PORTION OF THE GEOLOGIC FLOODPLAIN ASSOCIATED WITH A WATERCOURSE, INCLUDING ITS CHANNEL, OR ANY OTHER FLOODPLAIN OR FLOODPRONE AREA THAT WOULD BE INUNDATED BY THE BASE FLOOD, INCLUDING ALL BASE FLOODS WHERE THE BASE FLOOD PEAK DISCHARGE IS ONE HUNDRED CUBIC FEET PER SECOND (100 CFS) OR GREATER, THOSE AREAS THAT ARE SUBJECT TO SHEET FLOODING EXCEPT WHEN THE MAXIMUM POTENTIAL CONTRIBUTING WATERSHED AREA IS LESS THAN TWENTY ACRES, THOSE AREAS IDENTIFIED ON SUBDIVISION PLATS OR DEVELOPMENT PLANS, THOSE AREAS DESIGNATED BY FEMA, INCLUDING AREAS DESIGNATED AS SHADED ZONE X AS WELL AS THOSE AREAS THAT THE FLOODPLAIN ADMINISTRATOR, USING THE BEST AVAILABLE DATA, HAS DETERMINED IS SUBJECT TO A FLOOD HAZARD DURING THE BASE FLOOD. Regulatory Floodway means the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated amount. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 11 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. Remedy a Violation means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter, otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. Repetitive Loss Structure means a structure, covered by a contract for flood insurance issued pursuant to the National Flood Insurance Act, that has incurred flood -related damage on two (2) occasions during any ten (10) year period ending on the date of the event for which a second claim is made, and for which the cost of repairing the flood damage, on average, equaled or exceeded twenty-four percent (24%) TWENTY-FIVE PERCENT (25%) of the market value of the structure at the time of each such flood event. In addition to the current claim, the NFIP must have paid the previous qualifying claim. Retention System means a type of flood control system that stops the downstream progress of flood water by employing methods of total containment which generally involve creation of storage areas that incorporate infiltration devices, such as dry wells, to dispose of stored waters, principally by percolation over some specified period of time, thereby eliminating basin contributions to downstream flood peaks or flood volumes. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Sheet Flow Area. See “Area of Shallow Flooding.” Special Flood Hazard Area (SFHA) means an area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. A SFHA may be designated on a FIRM as a Zone A, AO, AE, or AH for the base flood, as well as for areas that the Town Engineer, using the best available data, has determined may be subject to a flood hazard during the base flood.AN AREA IN THE REGULATORY FLOODPLAIN SUBJECT TO A 1 PERCENT OR GREATER CHANCE OF FLOODING IN ANY GIVEN YEAR. SFHA’S ARE SHOWN ON A FLOOD INSURANCE RATE MAP AS ZONE A, AO, AE, AH OR A0. Start of Construction includes substantial improvement or other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within the time period when the permit was active. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as the installation of streets and/or walkways, the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a structure, whether or not that alteration affects the external dimensions of the structure. Structure means any building or containment unit that is constructed or erected, the use of which requires location on the ground or attachment to a foundation having a location on the ground. A WALLED AND Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 12 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. ROOFED BUILDING, INCLUDING GAS OR LIQUID STORAGE TANKS, PRINCIPALLY ABOVE GROUND AND AFFIXED TO A PERMANENT SITE. THIS TERM ALSO REFERS TO MANUFACTURED HOME ON A PERMANENT FOUNDATION. Substantial Damage means damage of any origin, cumulatively tracked over a period of ten (10) years, sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed forty-nine percent (49%) of the market value of the structure before the damage occurred. “Substantial damage” also means flood-related damage sustained by a structure on two (2) separate occasions during a rolling ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-four percent (24%) of the market value of the structure before the damage occurred. DAMAGE OF ANY ORIGIN SUSTAINED BY A STRUCTURE WHEREBY THE COST OF RESTORING THE STRUCTURE TO ITS BEFORE DAMAGED CONDITION WOULD EQUAL OR EXCEED 50 PERCENT OF THE MARKET VALUE OF THE STRUCTURE BEFORE THE DAMAGE OCCURRED. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, cumulatively tracked over a period of ten (10) years, the cost of which equals or exceeds forty-nine percent (49%) of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. The term does not, however, include either: RECONSTRUCTION, REHABILITATION, ADDITION, OR OTHER IMPROVEMENT TO A STRUCTURE, THE TOTAL COST OF WHICH EQUALS OR EXCEEDS 50 PERCENT OF THE MARKET VALUE OF THE STRUCTURE BEFORE THE "START OF CONSTRUCTION" OF THE IMPROVEMENT. THIS TERM INCLUDES STRUCTURES WHICH HAVE INCURRED "SUBSTANTIAL DAMAGE", REGARDLESS OF THE ACTUAL REPAIR WORK PERFORMED. THE TERM DOES NOT, HOWEVER, INCLUDE EITHER: A. ANY PROJECT FOR IMPROVEMENT OF A STRUCTURE TO CORRECT EXISTING VIOLATIONS OF STATE OR LOCAL HEALTH, SANITARY, OR SAFETY CODE SPECIFICATIONS WHICH HAVE BEEN IDENTIFIED BY THE LOCAL CODE ENFORCEMENT OFFICIAL AND WHICH ARE THE MINIMUM NECESSARY TO ASSURE SAFE LIVING CONDITIONS; OR B. ANY ALTERATION OF A "HISTORIC STRUCTURE", PROVIDED THAT THE ALTERATION WILL NOT PRECLUDE THE STRUCTURE'S CONTINUED DESIGNATION AS A "HISTORIC STRUCTURE”. A. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official, and which are the minimum necessary to assure safe living conditions, or B. Any alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure. Variance means a grant of relief from the requirements of this chapter that is granted by the Floodplain Administrator or the Floodplain Board (for FEMA floodplains) upon a finding that strict enforcement of the provisions would cause undue hardship owing to circumstances unique to the individual property for which the variance is granted, and not caused by the applicant for said variance. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 13 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. Violation means the failure of a structure or other development to be fully compliant with the Town of Oro Valley floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this chapter, is presumed to be in violation until such time as such documentation is provided. Violation also means unauthorized construction, grading, encroachment, diversion, or lack of maintenance of private drainage structures. Water Surface Elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of riverine AND SHEETFLOW areas. Watercourse means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. “Watercourse” includes specifically designated areas in which substantial flood damage may occur, including regulatory floodplain REGULATORY FLOODPLAINs as designated by FEMA or the Town of Oro Valley. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) ZONE A (UNNUMBERED) IS A SPECIAL FLOOD HAZARD AREA IDENTIFIED BY FEMA THAT IS SUBJECT TO INUNDATION FROM A 100-YEAR FLOOD EVENT. BECAUSE DETAILED HYDRAULIC ANALYSES HAVE NOT BEEN PERFORMED, NO BASE FLOOD ELEVATION OR DEPTHS ARE SHOWN. MANDATORY FLOOD INSURANCE REQUIREMENTS APPLY. ZONE AE IS A SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 100-YEAR FLOOD DETERMINED BY A FLOOD INSURANCE STUDY (FIS). BASE FLOOD ELEVATIONS ARE SHOWN WITHIN THESE ZONES AND MANDATORY FLOOD INSURANCE REQUIREMENTS APPLY. ZONE AH IS A SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY 100-YEAR SHALLOW FLOODING (USUALLY AREAS OF PONDING) WITH AVERAGE DEPTHS BETWEEN ONE AND THREE FEET. BASE FLOOD ELEVATIONS DERIVED FROM DETAILED HYDRAULIC ANALYSES ARE SHOWN IN THIS ZONE. MANDATORY FLOOD INSURANCE REQUIREMENTS APPLY. ZONE AO IS A SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY 100-YEAR SHALLOW FLOODING, USUALLY RESULTING FROM SHEET FLOW ON SLOPING TERRAIN, WITH AVERAGE DEPTHS BETWEEN ONE AND THREE FEET. AVERAGE FLOOD DEPTHS DERIVED FROM DETAILED HYDRAULIC ANALYSES ARE SHOWN WITHIN THIS ZONE. MANDATORY FLOOD INSURANCE REQUIREMENTS APPLY. ZONE X SHADED (OR SHADED ZONE X) IS AN AREA DETERMINED BY A FLOOD INSURANCE STUDY AS HAVING MODERATE OR MINIMAL HAZARD FROM FLOODING. THERE ARE FOUR CLASSIFICATIONS DEPENDING ON LOCATION: (1) AREA OF 100-YEAR FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT; (2) AREA WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; (3) AREA PROTECTED BY AN ACCREDITED LEVEE FROM 100-YEAR FLOOD; AND (4) AREA OF 500-YEAR FLOOD. BUILDINGS OR OTHER IMPROVEMENTS IN THIS ZONE COULD BE Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 14 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. FLOODED BY SEVERE, CONCENTRATED RAINFALL, IN THE ABSENCE OF ADEQUATE DRAINAGE SYSTEMS. FLOOD INSURANCE IS AVAILABLE IN PARTICIPATING COMMUNITIES, BUT IT IS NOT REQUIRED. IN THE TOWN OF ORO VALLEY ONLY THE THIRD CLASSIFICATION APPLIES (I.E., PROTECTED BY LEVEES). Article 17-3 GENERAL PROVISIONS Sections: 17-3-1 Lands to Which This Chapter Applies 17-3-2 Basis for Establishing the Regulatory Floodplain Areas 17-3-3 Compliance 17-3-4 Abrogation and Greater Restrictions 17-3-5 Interpretation 17-3-6 Statutory Exceptions 17-3-7 Floodplain Violations 17-3-8 Abatement of Violations 17-3-9 Unlawful Acts 17-3-10 Remedies 17-3-11 Severability 17-3-12 Warning and Disclaimer of Liability 17-3-1 Lands to Which This Chapter Applies. This chapter shall apply to all regulatory floodplain areas REGULATORY FLOODPLAIN AREAS within the corporate limits of the Town of Oro Valley, INCLUDING SPECIAL FLOOD HAZARD AREAS, FLOODPLAINS SHOWN ON RECORDED SUBDIVISION PLAT MAPS, AS WELL AS THOSE AREAS IDENTIFIED BY THE FLOODPLAIN ADMINISTRATOR, USING THE BEST AVAILABLE DATA. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-3-2 Basis for Establishing the Regulatory Floodplain Areas. The regulatory floodplain areas SPECIAL FLOOD HAZARD AREAS identified by the Federal Insurance and Mitigation Administration (FIMA) of the Federal Emergency Management Agency (FEMA) in a scientific and Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 15 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. engineering report entitled The Flood Insurance Study (FIS) for Pima County, Arizona and Incorporated Areas, revised June 16, 2011 SEPTEMBER 28, 2012, with accompanying Flood Insurance Rate Maps (FIRMs) dated June 16, 2011, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study (FIS) and attendant mapping may be supplemented by studies for other areas that allow implementation of this chapter ARE THE MINIMUM AREA OF APPLICABILITY OF THIS ORDINANCE AND MAY BE SUPPLEMENTED BY STUDIES FOR OTHER AREAS WHICH ALLOW IMPLEMENTATION OF THIS ORDINANCE AND WHICH ARE RECOMMENDED TO THE FLOODPLAIN BOARD BY THE FLOODPLAIN ADMINISTRATOR. The Floodplain Board, within the incorporated limits of the Town of Oro Valley, shall require developers of land to delineate, within areas where development is ongoing or imminent, floodplains consistent with the criteria developed by FEMA, the Arizona Director of Water Resources, and the Town Engineer, pursuant to the Town’s adopted Drainage Criteria Manual. The Flood Insurance Study, and FIRMs are on file at the Town of Oro Valley PUBLIC WORKS DEPARTMENT. A. Additionally, areas determined by the Town Engineer, including floodplains/flood-prone areas identified on previously recorded subdivision plats (and those recorded hereafter), are also hereby adopted, by reference, and declared a part of this chapter.REGULATORY FLOODPLAINS SHALL BE SUBJECT TO REQUIREMENTS IN SECTION 17-5-8 (FLOODWAY FRINGE AREA REQUIREMENTS). A. Regulatory floodplains shall be subject to the following regulations, except as hereinafter provided: 1. No person or persons shall construct any structure which will divert, retard, or obstruct the flow of water in any stream, watercourse, or regulatory floodplain area without having secured all necessary permits from any governmental agency from which approval is required by Federal or State or local law, and said permits or copies thereof shall be provided to the Floodplain Administrator for review. 2. No person shall construct any structure that will divert, retard, or obstruct the flow of water in any stream, watercourse, or regulatory floodplain area without securing written authorization in the form of a Floodplain Use Permit from the Town of Oro Valley, except as exempted in Section 17-3-6. 3. The FIS and areas shown on FIRMs together with floodplains associated with washes and/or sheet flow areas having one hundred (100) year peak discharges of fifty (50) cfs or more, are the minimum areas of applicability of this chapter, and may be supplemented by studies for other areas that allow implementation of this chapter. Applicants for development in the Town of Oro Valley shall delineate floodplains consistent with criteria developed by FEMA, the Town Engineer, and/or pursuant to the Town’s adopted Drainage Criteria Manual. 4. All property in the regulatory floodplains, except that covered by statutory exceptions, shall be governed according to the provisions herein. 5. Any use of land otherwise authorized by law shall be permitted, provided such use meets the minimum standards of the regulations hereinafter set forth. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 16 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. B. Elevation and Boundary Refinements. 1. The determination of elevations (water surface, lowest finished floor, and adjacent land) and regulatory floodway and regulatory floodplain boundaries is an engineering function with calculations and decisions made in accordance with the concepts and policies set forth in this chapter. The best technical data available shall be used for such calculations and decisions. Initial determinations shall be based on floodplain information reports of the Pima County Flood Control District, U.S. Corps of Engineers, U.S. Bureau of Reclamation, U.S. Geological Survey, and/or other general data that are pertinent for the conditions of the streams or the watercourses at the time the data are obtained. 2. Additional and more detailed technical analysis will, from time to time, become available through private or governmental studies and activities. ThIS data will permit refinements in the elevations and boundaries of THE regulatory floodway REGULATORY FLOODWAY and REGULATORY FLOODPLAINS regulatory floodplains in the respective reaches of the streams or watercourses. 3. Whenever such additional data become available and it seems desirable to make refinements, i.e., Letter of Map Amendments (LOMAs) or Letter of Map Revisions (LOMRs), such refinements or revisions may be made at the request of the property owners or developers or by the Town Engineer. The necessary engineering calculations shall be made for the property owner or developer by an Arizona registered professional civil engineer (at the owner’s/developer’s expense) in conformance with requirements of this chapter, the FEMA, and the Arizona Department of Water Resources. These findings will need approval of the Town Engineer. Following the Town’s approval of these refinements to regulatory floodplain areas identified on FIRMs, the property owner shall have calculations and forms forwarded to FEMA for review and approval. 4. The Town Engineer or his/her THEIR duly designated representative shall have the authority and responsibility to revise and refine elevations and boundaries of regulatory floodways and regulatory floodplains whenever such revisions and refinements are for the purpose and in accordance with the conditions set forth in Sections 17-4-3(B)(1)(d), 17-5-8(B)(3), 17-5-8(B)(4), and 17-5-8(B)(5). a. The Flood Insurance Rate Map for Pima County and Incorporated Areas shall be revised to show the refined area boundaries and/or elevations. b. The Town Engineer shall notify the owner of each property for which area boundaries and/or elevations have been revised or refined, as well as those owners of adjoining property immediately upstream and downstream, by first class mail following a duly noticed public hearing on the property involved. c. An appeal to the Floodplain Board may be taken by any person aggrieved, in accordance with Article 17-6. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 17 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 17-3-3 Compliance. All development of land, construction of residential, commercial, or industrial structures, or future development within delineated floodplain areas REGULATORY FLOODPLAIN AREAS is subject to the terms of this chapter AND ANY OTHER APPLICABLE REGULATIONS. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-3-4 Abrogation and Greater Restrictions. The provisions of this chapter are not intended to interfere with, abrogate, or annul any ordinance, rule, regulations, or permit previously adopted or issued, and not be in conflict with any provision of this chapter or any regulation that shall be adopted or issued pursuant to law relating to the use of structure or ordinance not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenant, or other agreement between parties, except when this chapter imposes a greater restriction, this chapter shall control. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-3-5 Interpretation. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally constructed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under State statutes. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-3-6 Statutory Exceptions. A. In accordance with ARS § 48-3609(H) 48-3609(I), unless expressly provided this and any regulation adopted pursuant to this article do not affect: 1. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a structure is discontinued for twelve (12) months or destroyed to the extent of forty-nine percent (49%) FIFTY PERCENT (50%) or more of its market value, as determined by a competent appraiser, or the valuation made by the Pima County Assessor’s Office, any further use shall comply with this article and regulations of the Town of Oro Valley. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 18 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 2. Reasonable repair or alteration of property for the purposes for which the property was legally used on August 3, 1984, or any regulations affecting such property takes effect, except that any alteration, addition, or repair to a nonconforming structure which would result in increasing its flood damage potential by forty-nine percent (49%) FIFTY PERCENT (50%) or more shall be either flood-proofed or elevated to or above the regulatory flood elevation. 3. Reasonable repair of structures constructed with the written authorization required by ARS § 48-3613. 4. Facilities constructed or installed pursuant to a certificate of environmental compatibility CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY issued pursuant to ARS Title 40, Chapter 2, Article 6.2. B. Before the following types of construction authorized by this section A.R.S. § 48-3613(B) may begin, the responsible person must submit grading plans and a grading permit application FOR REVIEW AND COMMENT. WRITTEN AUTHORIZATION IS NOT REQUIRED FOR, NOR SHALL THE FLOODPLAIN BOARD PROHIBIT, THE FOLLOWING PURSUANT TO A.R.S. § 48-3613(C). The applicant must obtain necessary plan and permit approvals, as well as meet requirements pursuant to the Oro Valley Zoning Code Revised, Town of Oro Valley Drainage Criteria Manual, and any other applicable Town standards: 1. The construction of bridges, culverts, dikes, and other structures necessary for the construction of public highways, roads, and streets intersecting or crossing a watercourse. 2. The construction of storage dams for watering livestock or wildlife, structures on banks of a watercourse to prevent erosion of, or damage to, adjoining land, if the structure will not divert, retard or obstruct the natural channel of the watercourse, or dams for the conservation of floodwaters as permitted by ARS Title 45, Chapter 6. 3. The construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This subsection does not exempt those sand and gravel operations that will divert, retard or obstruct the flow of waters in any watercourse from complying with, and acquiring authorization from, the Town Engineer or the Floodplain Board pursuant to regulations adopted by the Floodplain Board under this article. 4. Other construction, if it is determined by the Town Engineer that a Floodplain Use Permit is unnecessary. 5. Any flood control district, county, city, town, or other political subdivision from exercising powers granted to it under ARS Chapter 21, Article 1. 6. The construction, by a public agency or political subdivision, of streams, waterways, lakes, and other auxiliary facilities in conjunction with development of public parks and recreation facilities. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 19 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 7. The construction and erection of poles, towers, foundations, support structures, guy wires, and other facilities related to power transmission as constructed by any utility, whether a public service corporation or a political subdivision. C. IN ACCORDANCE WITH A.R.S. § 48-3613(D), In in addition to other penalties or remedies otherwise provided by law, the State of Arizona, a political subdivision thereof, or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation, or obstruction of a watercourse has the right to go through an Administrator/Board to commence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to this article A.R.S. TITLE 48, CHAPTER 21, ARTICLE 1. If a person is found to be in violation of this section, the Administrator/Board shall require the violator either to comply with this section, if authorized by the Floodplain Board for FEMA regulated floodplains (the Town Engineer for non-FEMA regulated floodplains), or to remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation, including reasonable costs and attorney fees. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-3-7 Floodplain Violations. A. Declaration of Public Nuisance. All development located or maintained within any regulatory floodplain area REGULATORY FLOODPLAIN AREA after August 8, 1973, in violation of this chapter, and without written authorization from the Floodplain Board for FEMA regulated floodplains (the Town Engineer for non-FEMA regulated floodplains), is a public nuisance per se, and may be abated, prevented or restrained by action of the Floodplain Board. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-3-8 Abatement of Violations. Upon discovery of a violation to this chapter, the Floodplain Administrator shall either: A. Take any necessary action to effect the abatement of such violation; or B. Order the owner of the property upon which the violation exists to provide whatever additional information may be required for determination by the Floodplain Administrator. Such information must be provided to the Floodplain Administrator within thirty (30) days of such order. Within thirty (30) days, the Floodplain Administrator shall either order the abatement of said violation or shall grant a variance in accordance with the provisions of Section 17-6-4; or C. For FEMA regulated floodplains (SFHA’S), submit to the Administrator of the Federal Insurance Administration THE FEDERAL EMERGENCY MANAGEMENT AGENCY a declaration for denial of Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 20 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. insurance, stating that the property is in violation of a cited State or local law, regulation or ordinance, pursuant to Section 1316 of the National Flood Insurance Act of 1968, and as amended. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-3-9 Unlawful Acts. A. It is unlawful for any person to divert, retard or obstruct the flow of waters in any watercourse whenever it creates a hazard to life or property without securing the written authorization required by ARS § 48-3613. Where the watercourse is a delineated floodplain, it is unlawful to excavate or build any structure affecting the flow of waters without securing written authorization required per ARS § 48-3613. IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN ANY DEVELOPMENT OR TO DIVERT, RETARD, OR OBSTRUCT THE FLOW OF WATERS IN A WATERCOURSE IF IT CREATES A HAZARD TO LIFE OR PROPERTY WITHOUT SECURING THE WRITTEN AUTHORIZATION REQUIRED BY A.R.S. § 48-3613. WHERE THE WATERCOURSE IS A DELINEATED FLOODPLAIN, IT IS UNLAWFUL TO ENGAGE IN ANY DEVELOPMENT AFFECTING THE FLOW OF WATERS WITHOUT SECURING WRITTEN AUTHORIZATION REQUIRED BY A.R.S. § 48-3613. B. WHEN DRAINAGE IMPROVEMENTS ARE ASSOCIATED WITH AN APPROVED DEVELOPMENT PLAN, SUBDIVISION PLAT OR APPROVED ENGINEERING REPORT, AND ARE CONSTRUCTED TO PROVIDE FLOOD PROTECTION TO REMOVE OR REDUCE FLOOD HAZARDS, INCLUDING THOSE IDENTIFIED BY FEMA OR FOR STORM WATER QUALITY CONTROL, AND WHERE THOSE IMPROVEMENTS ARE PRIVATELY OWNED, THEN IT SHALL BE THE RESPONSIBILITY OF THE PROPERTY OWNER(S) TO PERFORM MAINTENANCE AS NECESSARY TO ENSURE THE INTEGRITY OF SAID DRAINAGE IMPROVEMENTS AND MAINTENANCE OF THE FLOOD CARRYING CAPACITY TO THE DESIGNED DISCHARGE. FOR PURPOSES OF THIS CHAPTER, A PRIVATE DRAINAGE IMPROVEMENT IS CONSIDERED A STRUCTURE. It is unlawful for any person OR ENTITY to neglect maintenance responsibilities on private drainage improvements. C. Any person violating the provisions of this section shall be subject to APPEAL AND VARIANCE PROCEDURES PURSUANT TO ARTICLE 17-6, AND penalties pursuant to Article 1-8, Penalties, Oro Valley Town Code. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) D. THE TOWN MAY ISSUE A WRITTEN NOTICE TO CORRECT TO ANY PERSON WHO HAS VIOLATED OR IS IN VIOLATION OF THIS SECTION. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 21 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. E. FAILURE TO COMPLY WITH ACTIONS DESCRIBED IN AND REQUIRED BY THE NOTICE TO CORRECT MAY RESULT IN A NOTICE OF VIOLATION AND/OR STOP WORK ORDER. THE WRITTEN NOTICE SHALL STATE THE NATURE OF THE VIOLATION, THE CORRECTIVE ACTION REQUIRED, THE TIME FRAME FOR THE CORRECTIVE ACTION, AND PENALTIES FOR CONTINUED NONCOMPLIANCE.17-3-10 Remedies. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited structures, obstructions, or improvements; nor prevent the enforcement, correction, or removal thereof. In addition to the other penalties or remedies provided in this article, the State of Arizona, any political subdivision thereof, or any person who may be damaged as a result of the diversion, retardation, or obstruction of a watercourse shall have the right to commence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin, abate, or otherwise prevent any person from violating or continuing to violate any provision of this chapter. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-3-11 Severability. This chapter, and its various parts thereof, is hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-3-12 Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes, and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the regulatory floodplain areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Oro Valley, any officer or employee thereof, the State of Arizona, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 22 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. Article 17-4 ADMINISTRATION Sections: 17-4-1 Establishment of Floodplain Use Permits 17-4-2 Enforcement and Inspection 17-4-3 Duties of Floodplain Administrator and Use Permit Procedures 17-4-4 Designation of the Floodplain Administrator 17-4-1 Establishment of Floodplain Use Permits. A. Responsibility For Permits. It shall be the duty of the Town Engineer ACTING AS THE FLOODPLAIN ADMINISTRATOR, and all departments, officials, and public employees vested with the duty or authority to issue permits or licenses, to enforce the provisions of this chapter; and no such license or permit shall be issued for uses or building where the same would be in conflict with the provisions of this chapter. Any such license or permit, if issued in conflict with the provisions of this chapter, shall be null and void. B. Floodplain Use Permits. It shall be unlawful to erect, construct, reconstruct, alter, or change the use of any structure within any regulatory floodplain area REGULATORY FLOODPLAIN AREA covered by this chapter without first applying for and obtaining a Floodplain Use Permit from the Town Engineer. C. Application for Floodplain Use Permit. Application for a Floodplain Use Permit shall be made on forms furnished by the Town Engineer, and must include, without limitation, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the areas in question; existing or proposed structures including walls, bank protection, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures. In a designated Zone AO, elevation of existing highest adjacent natural grade and proposed elevation of lowest floor of all structures must be obtained; 2. Proposed elevation, in relation to mean sea level, to which any NON-RESIDENTIAL structure will be flood-proofed; 3. Certification by an Arizona registered professional civil engineer or an Arizona registered professional architect that the flood-proofing methods for any non-residential structure meet the flood-proofing criteria in Section 17-5-1(C); 4. Base flood elevation data shall be provided for subdivisions or other developments greater than fifty (50) lots or five (5) acres, whichever is the lesser; and Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 23 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Each such application shall be accompanied by an application fee, as set forth by the Town, payable to the Town of Oro Valley. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-4-2 Enforcement and Inspection. A. Enforcement. It shall be the duty of the Town Engineer, through his/her duly appointed Floodplain Administrator and officials of the Town otherwise charged with the enforcement of the law, to enforce this chapter and all of the provisions of the same. B. Inspections. Inspections shall be made by OFFICIALS OF THE TOWN DULY APPOINTED BY THE Town Engineer or by a duly appointed Floodplain Administrator. C. Cooperation. The Town Floodplain Administrator may request, and shall receive so far as may be necessary in the discharge of THEIR his/her duties, the assistance and cooperation of all departments, agencies, officials, and public employees vested with the duty or authority to issue permits, licenses, or to enforce the regulations of this chapter. D. Town of Oro Valley Administration. Hydrologic, hydraulic, and related floodplain regulations, as well as engineering matters pertaining to the administration and direction of this chapter, shall be referred to the Town of Oro Valley Town Engineer or THEIR his/her designated representative, who shall be responsible for such reviews, advice, and recommendations. E. Cooperation Agreements and Consultants. The Floodplain Administrator, through the applicable procurement and/or intergovernmental agreement procedures, may retain consultants and experts; and may enter into cooperative agreements for the delineation of floodplains and floodways as well as for such other assistance and guidance considered appropriate and necessary to obtain maximum reasonable protection and benefits under this chapter. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-4-3 Duties of Floodplain Administrator and Use Permit Procedures. A. The Floodplain Administrator shall issue Floodplain Use Permits required by this section. B. The following procedure shall be used by the Floodplain Administrator in considering issuance of Floodplain Use Permits. 1. Upon receiving an application for a Floodplain Use Permit involving the use of fill, construction of structures, or the storage of materials, and prior to rendering a decision thereon the Floodplain Administrator may: Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 24 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. a. Require the applicant to submit, where applicable, plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, storage of materials, flood-proofing measures; and the relationship of the above to the location of the channel, regulatory floodway REGULATORY FLOODWAY, REGULATORY FLOODPLAIN the regulatory floodplain with base flood elevations, the proposed project in relation to flood heights and velocities, and the plans for flood protection. The applicant shall provide a new delineation of all regulatory floodplains REGULATORY FLOODPLAINS affected by the project. The new delineation and reports shall be prepared in conformance with FEMA requirements and this chapter. The delineation shall show pre- and post-project floodplain limits and water surface elevations upstream, adjacent, and downstream of the project. b. Require, where circumstances necessitate more detailed information, the applicant to furnish as much of the following additional information as is deemed necessary by the Floodplain Administrator for the evaluation of the effects of the proposed use upon flood flows and the consideration of other factors necessary to render a decision on suitability of the proposed use: i. A typical valley cross-section showing the floodway, floodway fringe area, and the floodplain of the watercourse; elevation of land areas adjoining each side of the channel; cross-sectional areas to be occupied by the proposed development; and high water information; ii. A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, and soil types, as well as other pertinent information; iii. A profile showing the slope of the bottom of the channel or flow line of the watercourse; iv. Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. c. Ensure that the proposed development does not adversely affect the carrying capacity of channels at locations where base flood elevations have been determined but a floodway has not been designated. d. For FEMA regulated floodplains (SFHA’s), may require the applicant to submit appropriate (e.g., CLOMR, CLOMR-F, LOMR, etc.) applications, forms, and information to FEMA for review and approval. A Floodplain Use Permit shall NOT be issued by the Town of Oro Valley UNTIL AFTER RECEIVING upon acknowledgement from FEMA of the acceptance of the CLOMR. ADDITIONALLY, FINAL BUILDING PERMIT INSPECTIONS SHALL NOT BE MADE, AND NOR SHALL CERTIFICATES OF OCCUPANCY BE GIVEN, UNTIL AFTER RECEIVING ACKNOWLEDGEMENT FROM FEMA THAT THE LOMR HAS BECOME EFFECTIVE. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 25 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. e. Ensure other related State of Arizona and Federal permits have been issued. 2. No permit shall be issued for any development that is not in conformance with this chapter, FEMA regulations, or some other provision of law relating to such development. A Floodplain Use Permit may be denied if the proposed development constitutes a danger or hazard to life or property. C. The Floodplain Administrator shall be responsible for the following duties: 1. Obtain and maintain for public inspection and make available the following: a. Certification of the regulatory flood elevation REGULATORY FLOOD ELEVATION required in Sections 17-5-1(C)(1), 17-5-1(C)(3) 17-5-1(C)(2), and 17-5-5; b. The Zone AO certification required in Section 17-5-1(C)(2); c. The flood -proofing certification required in Section 17-5-1(C)(3); d. The certified opening elevation required in Section 17-5-1(C)(4); e. Review and maintain records of all development permits for improvements and/or damages to existing structures to determine if the application of the substantial improvement rules applies, including establishing a definition of market value determination and verifying that the estimated improvement and/or repair costs are less than forty-nine percent (49%) of the market value of the structure, calculated over a ten (10) year period from the initial application for improvement or repair of damages. The substantial improvement rules shall apply to the following: i. Qualifying structures located in regulatory floodplains as designated by FEMA; those areas mapped as floodplains/flood-prone on recorded subdivision plats; or on flood hazard boundary maps prepared by, or for, the Floodplain Administrator. Qualifying structures shall also satisfy one of the following two (2) additional conditions: (A) Pre-FIRM structures constructed before the date of the initial Flood Insurance Rate Map issued for the Town dated December 4, 1979; or (B) Legal nonconforming structures constructed on, or after, December 4, 1979, in compliance with the effective FIRM at the time of construction, and in compliance with the terms and conditions of the written authorization in effect at the time of construction; e. 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. f. Certification of elevation for subdivisions required by Section 17-5-4(E); Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 26 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. g. Certification for floodway encroachments required by Section 17-5-7(A); h. Records of all variance actions, including justification for their issuance required by Section 17-6-3(C). 2. Whenever a watercourse is to be altered or relocated NOTIFICATION OF OTHER ENTITIES: a. 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; and b. Require that the flood carrying capacity of the altered or relocated portion of said watercourse be maintained. 3. Within one hundred twenty (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 ADWR. 4. Advise the district of Pima County PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT 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 (1) mile of the corporate limits of the Town of Oro Valley, Arizona. Also, advise the district of Pima County PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT 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 (3) working days after having been received by Town of Oro Valley. 5. Notify FEMA of acquisition by means of annexation, incorporation or otherwise, of additional areas of jurisdiction. 6. 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 (6) 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 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. 7. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17-3-2 (Basis for Establishing the Regulatory Floodplain Areas), 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 Section 17-5-1 (Standards for Construction). Any Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 27 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. such information shall be consistent with the requirements of the Federal Emergency Management Agency and the Director of the Arizona Department of Water Resources and may be submitted to the Floodplain Board for adoption. 8. Make map 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 17-6 (Appeal and Variance Procedures). 9. Take remedial actions on violations of this chapter as required in Section 17-3-8 (Abatement of Violations). ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-4-4 Designation of the Floodplain Administrator. The Town Engineer or THEIR his/her designee is hereby appointed to administer, implement, and enforce this chapter and guidelines set forth in this article by processing Floodplain Use Permits in accordance with its provisions. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Article 17-5 PROVISIONS FOR FLOOD HAZARD REDUCTION Sections: 17-5-1 Standards of Construction 17-5-2 Standards for Storage of Materials and Equipment 17-5-3 Standards for Utilities 17-5-4 Standards and Submittal Requirements for Subdivisions 17-5-5 Standards for Manufactured Homes 17-5-6 Standards for Recreational Vehicles 17-5-7 Floodways 17-5-8 Floodway Fringe Area Requirements 17-5-9 Flood Related Erosion-Prone Area 17-5-1 Standards of Construction. In all regulatory floodplain areas REGULATORY FLOODPLAIN AREAS, the following standards are required: Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 28 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. A. Anchoring. 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. All manufactured homes shall meet the anchoring standards of Section 17-5-5.B. B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. All new construction, substantial improvements, and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, as well as other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide floodwaters around and away from proposed structures. C. Elevation and Flood-Proofing. 1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated at or above the regulatory flood elevation Regulatory Flood Elevation. In areas without a detailed study but within Rregulatory Ffloodplain Bboundaries, the applicant shall have an Arizona registered professional civil engineer prepare a detailed study to determine the depth of the BASE FLOOD regulatory flood. Nonresidential structures may meet the standards in Section 17-5-1(C)(3). Upon the completion of the structure, the elevation of the lowest floor including basement, shall be certified by an Arizona registered professional civil engineer or an Arizona registered professional land surveyor, and provided to the Floodplain Administrator and the Town Building Official. 2. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, higher than the highest adjacent grade at least one (1) foot higher than the depth number on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in Section 17-5-1(C)(3). Upon completion of the structure an Arizona registered professional civil engineer OR LAND SURVEYOR shall certify to the Floodplain Administrator that the elevation of the structure meets this standard. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 29 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 3. Nonresidential construction AND NEW AND SUBSTANTIAL IMPROVEMENT OF ANY STRUCTURE shall either be elevated in conformance with Section 17-5-1(C)(13) AND or 2, or together with attendant utility and sanitary facilities: a. Be flood-proofed so that below the regulatory flood elevation the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by an Arizona registered professional civil engineer or an Arizona registered professional architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator and the Town Building Official. 4. Require, for all new construction and substantial improvements of nonresidential structures, that have fully enclosed areas below the regulatory flood elevation that are useable solely for parking of vehicles, building access, or storage in an area other than a basement, and which are subject to flooding, shall be constructed of flood resistant materials to the regulatory flood elevation, have all service facilities elevated at or above the regulatory flood elevation, and be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by an Arizona Registered Professional Civil Engineer REGISTERED PROFESSIONAL ENGINEER or an Arizona registered professional architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings, on different sides of each enclosed area, shall be provided having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding. SMALLER ENGINEERED OPENINGS MAY BE ALLOWED IF THE DESIGN IS SUPPORTED BY A CERTIFICATION REPORT ISSUED BY ICC-ES (INTERNATIONAL CODE COUNCIL EVALUATION SERVICE), OR AN EQUIVALENT PRODUCT CERTIFICATION ORGANIZATION. b. The bottom of all openings shall be no higher than one (1) foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. 5. Manufactured homes shall meet the standards in Section 17-5-5. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 30 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 17-5-2 Standards for Storage of Materials and Equipment. A. The storage or processing of materials is prohibited if they are, in time of flooding: buoyant, flammable, explosive, or could be noxious, deadly, or injurious to human, animal, or plant life. B. Storage of other material or equipment may be allowed if they are not subject to major damage by floods, or if they are firmly anchored to prevent flotation, or if they are readily removable from the area within the time available after flood warning. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-5-3 Standards for UTILITIESWATER SUPPLY AND WASTE DISPOSAL SYSTEMS. A. All new or replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. B. On-site waste disposal systems shall not be installed wholly or partially in a regulatory floodway, erosion setback, or as established by ADEQ, whichever is most restrictive. C. ON-SITE WASTE DISPOSAL SYSTEMS SHALL BE LOCATED TO AVOID IMPAIRMENT TO THEM OR CONTAMINATION FROM THEM DURING FLOODING. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-5-4 Standards and Submittal Requirements for Subdivisions. A. ALL NEW SUBDIVISION PROPOSALS AND OTHER PROPOSED DEVELOPMENT (INCLUDING PROPOSALS FOR MANUFACTURED HOME PARKS AND SUBDIVISIONS), GREATER THAN 50 LOTS OR 5 ACRES, WHICHEVER IS THE LESSER, SHALL: a. IDENTIFY THE REGULATORY FLOODPLAIN AREA AND THE ELEVATION OF THE BASE FLOOD; AND b. IDENTIFY ON THE FINAL PLANS THE ELEVATION(S) OF THE PROPOSED STRUCTURE(S) AND PADS. IF THE SITE IS FILLED ABOVE THE BASE FLOOD ELEVATION, THE FINAL LOWEST FLOOR AND GRADE ELEVATIONS SHALL BE CERTIFIED BY AN ARIZONA REGISTERED PROFESSIONAL ENGINEER OR SURVEYOR AND PROVIDED TO THE FLOODPLAIN ADMINISTRATOR. BA. All subdivision proposals shall be consistent with the need to minimize flood damage. CB. All subdivision proposals (also referred to as a final site plan) shall have all public utilities and facilities, including but not limited to sewer, gas, electrical, and water systems, located and constructed to minimize flood damage. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 31 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. DC. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards (See adopted drainage Criteria Manual). ED. Suitability of the Land. Land that has been found by the Floodplain Board to be unsuitable for development with permanent structures based on hydrological and engineering studies of flooding can be platted and used for only FOR open space and greenbelt uses such as those identified in Section 17-5-7(B)(1). This includes land which is: 1. Physically unsuitable because of flooding, poor drainage, and other features which may endanger health, life, or property, aggravate erosion, increase the flood hazard; or increase the burden imposed on the community, its governmental units, and its citizens; 2. Subject to flooding because of its proximity to the stream or watercourse; or because of low elevation. In applying this provision, the Floodplain Board, with technical support and recommendations from the Town Engineer, shall consider: a. Land subject to flooding by the Bbase Fflood shall not be platted for residential occupancy, or building sites, or for any other uses that may increase the flood hazard or endanger health, life, or property, unless each lot contains a building site that meets requirements set forth below, in subsections (G) and (H) of this section, and within other pertinent sections of this chapter; b. Fill shall not be used to raise land within the Rregulatory Ffloodway. In other areas subject to flooding by the Bbase Fflood, fill may be used; provided, that the proposed fill does not restrict the flow of water and increase flood heights or velocities in the Rregulatory Ffloodway, according to the same standards established in Section 17-5-8, and provided that compensatory flood storage is provided. E. Flood Situation to Be Shown on Plat. Plats submitted shall show the following: 1. Tentative development plans and preliminary development plans (plats) shall show the location, by survey, of watercourses, channels, irrigation laterals, private ditches, culverts, lakes, or other water features, including direction of flow, water level elevations, and the location and extent of areas subject to frequent inundation; 2. All preliminary subdivision proposals shall identify the area of special flood hazard SPECIAL FLOOD HAZARD AREAS, Rregulatory Ffloodplain, the elevation of the Bbase Fflood, pre- and post-development water surface elevations, and pre- and post-development floodplain limits; 3. All tentative, preliminary, and final subdivision plans will provide the elevation(s) of proposed structure(s) and pads. If the site is filled above the base flood elevation, the final lowest floor and pad elevation shall be certified by an Arizona registered professional civil engineer or an Arizona registered professional land surveyor and provided to the Floodplain Administrator and the Town Building Official; Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 32 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 4. Final and preliminary plats shall show the limits of the regulatory floodplain and the regulatory floodway, AND WELL AS THE CORRESPONDING 100-YEAR FLOOD PEAKS, AND THEIR CONTRIBUTING DRAINAGE AREAS, ENTERING AND EXITING THE DEVELOPMENT; 5. Tentative and preliminary plats and plans (also referred to as a final site plan) shall show proposed improvements for areas subject to flooding and/or for areas which contain extremely poor drainage facilities such that the proposed improvements make the areas safe from flooding for the respective type of occupancy. F. Street Elevations. 1. Refer to the Town’s adopted Drainage Criteria Manual and subdivision street standards for additional information and requirements. 2. Fill used for the streets in areas subject to flooding shall not increase flood heights more than a designated amount as defined in Section 17-5-8(A)(1)(b). 3. The developer shall provide pre- and post-developed water surface elevation for streets proposed for placement in or adjacent to areas subject to flooding. Headwater ponding limits and water surface elevations shall be shown upstream of all culvert crossings. G. Building Site. 1. Residential lots shall contain a building site, either natural or manmade, which is not subject to flooding by the base flood. 2. In areas subject to flooding by the Bbase Fflood, where no fill is proposed, the building line shall be located no closer to the watercourse or channel than the edge of the area subject to flooding by the base flood. In areas where fill is used to raise the elevation of the building site, no fill shall be placed in the regulatory floodway., and the building line shall be located no less than twenty-five (25) feet landward from the edge of the fill. FURTHER, WHERE FILL IS USED, THE EROSION SETBACK SHALL NOT BE LESS THAN TWENTY-FIVE (25) FEET FROM AN UNPROTECTED BANK, AND NOT LESS THAN FIFTEEN (15) FEET FOR PROTECTED BANKS. H. Setback from Channels. Along reaches of all regulated watercourses, erosion hazard setback requirements from banks of washes shall be established in accordance with the Town’s adopted Drainage Criteria Manual or standards accepted by the Town Engineer. I. Easements for Drainage. Whenever any watercourse is located in the area being subdivided, an easement or common area encompassing each side of the watercourse shall be provided for the purpose of protecting and/or maintaining the watercourse for flood and drainage purposes, and such further width for construction of bank protection, PHYSICAL ACCESS FOR MAINTENANCE, or for allowing for natural meander of the stream or watercourse that may be reasonably expected, or for all these as will be adequate for the purpose, as determined by the Town Engineer. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 33 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. J. Detention/Retention Systems. See Town’s adopted Drainage Criteria Manual for requirements pertaining to detention/retention systems by visiting the administrative offices of the Town of Oro Valley. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-5-5 Standards for Manufactured Homes. All manufactured homes that are placed within or substantially improved while located within a regulatory floodplain REGULATORY FLOODPLAIN shall APPLY FOR AND OBTAIN A FLOODPLAIN USE PERMIT SUMMARIZING SITE CONDITIONS INCLUDING BASE FLOOD ELEVATION, DEPTH OF THE BASE FLOOD, AND MINIMUM PRUDENT EROSION SETBACK. THE APPLICATION FOR A FLOODPLAIN USE PERMIT SHALL ME ACCOMPANIED BY A SITE PLAN, PREPARED BY AN ARIZONA REGISTERED ENGINEER, THAT CONFORMS TO THE STATE OF ARIZONA OFFICE OF MANUFACTURED HOUSING, “MINIMUM STANDARDS FOR MANUFACTURED HOUSING FOUNDATIONS IN FLOODPLAINS,” DATED OCTOBER 14, 2009, OR AS SUBSEQUENTLY AMENDED. ACCESSORY STRUCTURES ATTACHED TO A MANUFACTURED HOME MUST MEET THE PROVISIONS OF THIS CHAPTER UNLESS ITS USES ARE LIMITED TO PARKING OF VEHICLES OR STORAGE. FURTHERMORE, MANUFACTURED HOMES SHALL: A. Be elevated so that the lowest structural member or the lowest point of any attached appliances, whichever is lower, is at or above the regulatory flood elevation REGULATORY FLOOD ELEVATION. PIT-SET INSTALLATIONS ARE PROHIBITED WHENEVER THE LOWEST STRUCTURAL MEMBER OR APPLIANCE IS BELOW THE REGULATORY FLOOD ELEVATION; and B. Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement. This anchoring requirement is in addition to applicable State and local anchoring requirements for resisting wind forces: AND, C. Upon completion of installation of the manufactured home, certification by aN ARIZONA registered professional engineer or surveyor that the elevation requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-5-6 Standards for Recreational Vehicles. All recreational vehicles placed within a regulatory floodplain area Regulatory Floodplain will either: A. Be on site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use, to the extent that they are not prohibited by any other ordinance. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 34 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. B. Meet the permit requirements of Article 17-4, and the elevation and anchoring requirements for manufactured homes in Section 17-5-5. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-5-7 Floodways. Located within regulatory floodplain areas REGULATORY FLOODPLAIN AREAS, established in Section 17-3-2, are areas designated as floodways REGULATORY FLOODWAYS. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and increase erosion potential, the following provisions apply: A. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited in floodways. The Floodplain Administrator will consider encroachments where certification by an Arizona registered professional civil engineer is provided demonstrating that encroachments will result in no increase WHATSOEVER in flood levels during the occurrence of the base flood discharge, and that the encroachment will not pose a threat to life or property. B. Floodway Requirements. 1. Uses Permitted. The following open space uses shall be permitted within a floodway to the extent that they are not prohibited by any other ordinance or State or Federal permit requirements, nor conflict with uses permitted in adjoining zones, and provided they do not require structures, fill, or storage of materials or equipment: a. Agricultural uses, including general farming, pasture, grazing or outdoor plant nurseries, horticulture, viticulture, truck farming, sod farming, wild crop harvesting, and restoration of native vegetation; b. Private and public recreational uses; c. Accessory residential uses, including lawns, gardens, and play areas. C. Limitations. 1. No use shall be allowed within a REGULATORY Ffloodway which: a. Acting alone or in combination with existing or future uses creates a danger or hazard to life or property; b. Increases the water surface elevation of the base flood; or c. Adversely affects groundwater recharge. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 35 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 2. No on-site waste disposal systems or septic drain fields shall be installed wholly or partly in a floodway. D. If Section 17-5-917-5-7 is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions in this article. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-5-8 Floodway Fringe Area Requirements. A. Floodway Ffringe areas shall be subject to the following regulations: 1. The following uses shall be permitted within a Ffloodway Ffringe area to the extent that they are not prohibited by any other ordinance, AND but only upon issuance of a Floodplain Use Permit: a. Any use permitted in Section 17-5-7 (FLOODWAYS) b. Any other use not involving structures, provided it is elevated above the regulatory base flood elevation and a determination is made by the Town Engineer that the use will not increase the base flood elevation more than one (1) foot where the owner of the land doing the development owns both sides of the floodway, and not more than one-tenth (0.1) foot where only one (1) side is owned. In no case shall the development increase the water surface elevation more than one-tenth (0.1) foot on the property owned by others upstream and downstream, nor unduly restrict the capacity of the channels or floodway of tributaries to the main stream or watercourse, drainage ditches, or other drainage facilities or systems. The aforementioned water surface elevation increases apply to all watercourse channels in Oro Valley except the Canada del Oro Wash where the elevation of the existing levee system and bank protection will allow for no water surface elevation increases due to encroachment. Additionally, when main channel flood-flow velocities are greater than four (4) feet per second (fps), a land use/development activity shall not increase flood-flow velocities immediately downstream of the activity by more than one (1) fps or ten percent (10%), whichever is less, in the regulatory floodway. Any velocity increase greater than the aforementioned criteria must be reviewed and approved by the Town Engineer. c. Structures, including dwellings, may be erected or moved, provided the lowest floor or basement floor is placed at or above the regulatory flood elevation. Land may be filled, provided that the top of such fill shall be at or above the regulatory flood elevation for the particular area, and UNLESS STRUCTURALLY PROTECTED FROM EROSION shall extend at such elevations at least twenty-five (25) feet beyond the limits of any structure erected or placed thereon. WHERE STRUCTURALLY PROTECTED FROM EROSION IS PROVIDED, THE MINIMUM EXTENT TO WHICH TOPS OF THE FILL PAD MUST EXTEND SHALL NOT BE LESS THAN FIFTEEN (15) FEET. The placement of structures and any accompanying fill shall not affect base flood elevation beyond the limits set in subsection (A)(1)(b) of this section. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 36 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. B. The following minimum requirements apply in all zones designated on the FIRM, and the floodplain of those watercourses with a base flood flow rate equal to or greater than fifty (50) cfs TO ALL USES LOCATED WITHIN A REGULATORY FLOODPLAIN: 1. All new construction (including prefabricated structures and mobile homes) and substantial improvements shall be anchored to prevent flotation and lateral movement, and be constructed with flood resistant materials and methods. 2. All proposed plats and proposals for other developments, including their utilities, streets, and drainage structures, shall be located and designed to be consistent with the need to minimize flood damage. 3. All tentative development plans, site plans, final site plans, improvement plans, and final plats, and other proposed new developments shall include base flood elevation data or as otherwise directed by the Town Engineer. 4. The Town must be furnished, for permanent record, all elevations and flood-proofing levels for all new or substantially improved structures, whether such structures contain a basement. 45. If in a riverine situation, all adjacent communities and the State Coordinating Office must be notified prior to any alteration or relocation of the watercourse, and copies of such notifications must be sent to the FEMA. Within the proposed altered or relocated portion of any watercourse, the flood carrying capacity shall be maintained. 56. Within one hundred twenty (120) days after completion of construction of any flood control protective works which changes the rate of flow during the flood, or changes the configuration of the floodplain, the person or agency responsible for installation of the protective works shall provide to the governing bodies of all jurisdictions affected by the protective works a new delineation of all floodplains affected. The new floodplain delineation shall be done according to the criteria adopted by the State of Arizona Director of Water Resources. C. Limitations. 1. No use shall be allowed within a floodway fringe which: a. Acting alone or in combination with existing or future uses creates danger or hazard to life or property. b. Increases the water surface elevation for the base flood by more than that allowed under subsection (A)(1)(b) of this section; c. Adversely affects groundwater recharge. D. Critical Facilities. 1. Critical facility means any of the following: Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 37 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. a. A structure or facility that produces, uses or stores highly volatile, flammable, explosive, toxic, and/or water reactive materials; b. Hospitals, emergency medical facilities, nursing homes and/or housing facilities likely to have occupants who may not be sufficiently mobile to avoid injury or death during a flood; c. Essential emergency response facilities, such as police stations, fire stations, emergency shelters and/or operation centers that are needed for public safety and/or flood response activities before, during and after a flood; and d. Public and private utility facilities, such as but not limited to power, water and wastewater treatment, and/or communications, that are vital to maintaining or restoring normal services to flooded areas before, during and after a flood. 2. Applicability. The critical facility requirements shall only apply along watercourses which have FEMA designated floodplains. Where the two-tenths percent (0.2%) chance floodplain has not been established, the Town Engineer may require that this floodplain be delineated by the applicant. 3. Critical facilities shall be located outside of the two-tenths percent (0.2%) annual chance (five hundred (500) year) floodplain, if possible. If a critical facility must be located in a two-tenths percent (0.2%) annual chance (five hundred (500) year) floodplain, it must be demonstrated that there is either a critical need to locate it within the floodplain, or that there is not a suitable alternative site, as justified by an Arizona registered PROFESSIOINAL civil engineer. Any critical facility located within a two-tenths percent (0.2%) annual chance (five hundred (500) year) floodplain shall be protected from that event. Protection includes, but is not limited to, elevating the lowest floor and all utilities and mechanical services to a minimum of one (1) foot above the base flood or to the two-tenths percent (0.2%) annual chance (five hundred (500) year) floodplain water surface elevation, whichever is greater, providing elevated access ramps, if appropriate, adequately protecting the facility from both lateral and vertical erosion associated with the two-tenths percent (0.2%) annual chance (five hundred (500) year) floodplain, providing all weather access during the base flood and developing an emergency response plan. 4. Existing critical facilities within the two-tenths percent (0.2%) annual chance (five hundred (500) year) floodplain that propose substantial improvements and/or repairs shall be protected from the two-tenths percent (0.2%) annual chance (five hundred (500) year) flood event. Protection includes, but is not limited to, elevating or flood proofing the lowest floor and all utilities and mechanical services to a minimum of one (1) foot above the base flood or to the two-tenths percent (0.2%) annual chance (five hundred (500) year) floodplain water surface elevation, whichever is greater, providing elevated access ramps, if appropriate, adequately protecting the facility from both lateral and vertical erosion associated with the two-tenths percent (0.2%) annual chance (five hundred (500) year) floodplain, providing all weather access to the base flood and developing an emergency response plan. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 38 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 17-5-9 Flood Related Erosion-Prone Area. The protection of Town residents and their property from injury and damage that can occur as a result of streambank lateral migration due to erosion and scour is of primary importance in the administration of this chapter and the following criteria apply: A. The Floodplain Administrator shall require Floodplain Use Permits for proposed construction and other development within all flood related erosion-prone areas, as determined by lateral migration analysis described in the Town’s Drainage Criteria Manual or in other predetermined, documented evidence. Areas generally most susceptible to lateral erosion and scour include, but are not limited to, locations of historical stream/wash meandering, locations where poorly defined or poorly consolidated banks occur, wash reaches characterized by changes in the direction, velocity, or amount of streamflow, and locations in the proximity of stabilizing features or structures such as rock outcrops or bridges. ALTERNATIVE SAFE LIMITS FOR EROSION SETBACKS MAY BE CONSIDERED IF APPROVED IN WRITING BY THE FLOODPLAIN ADMINISTER BASED ON AN ACCEPTABLE ENGINEERING STUDY PREPARED AND SEALED BY AN ARIZONA REGISTERED PROFESSIONAL ENGINEER. HOWEVER, AT NO TIME SHALL A SETBACK BE LESS THAN 25 FEET FROM AN UNPROTECTED BANK, AND NOT LESS THAN 15 FEET FOR A PROTECTED BANK. B. Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion, and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard. C. If a proposed development or structure including associated permanent features such as a patio wall or swimming pool or any other feature is found to be in the path of flood-related erosion, or would increase the erosion hazard, such improvements shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. D. Adjacent to all washes with a base flood flow rate of fifty (50) cfs or more, a setback from the wash is required for all new development to create a safety buffer. The setback shall be determined using the method outlined in the Town of Oro Valley Drainage Criteria Manual. The buffer AREAS WITHIN THE EROSION SETBACK may be used for suitable open space purposes, such as for outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. The erosion setback shall be calculated streamward from the outermost permanent/fixed feature on the property and this structure or feature constructed in such a manner that it will be protected should lateral channel migration occur to its base. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Article 17-6 APPEAL AND VARIANCE PROCEDURES Sections: 17-6-1 Nature of Variances Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 39 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. 17-6-2 Floodplain Board 17-6-3 Appeals and Request for Variance Considerations 17-6-4 Conditions for Variances 17-6-1 Nature of Variances. The variance criteria set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the Town of Oro Valley to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation REGULATORY FLOOD ELEVATION are so serious (as much as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage) that variances from the base flood elevation REGULATORY FLOOD ELEVATION shall not be granted. Variances from other requirements in the floodplain management ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. Additionally, ARS § 48-3609(J) states that the land for which the variance is granted shall be ineligible for exchange of State land pursuant to the flood relocation and land exchange program provided for by Title 26, Chapter 2, Article 2. A copy of the notice shall be recorded in the office of the Pima County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances in a biennial report to FEMA and ADWR. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-6-2 Floodplain Board. A. The Floodplain Board of Oro Valley shall hear and decide requests for variances from the requirements of this chapter to FEMA regulated floodplains, as well as hear appeals to decisions from previous determinations or actions on non-FEMA regulated floodplains by the Floodplain Administrator or the Town Engineer. B. The Floodplain Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 40 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. chapter with regard to FEMA regulated floodplains and floodplains identified on the Town’s Flood Insurance Rate Maps. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-6-3 Appeals and Request for Variance Considerations. A. In passing upon CONSIDERING appeals and requests for variance, the Floodplain Board shall consider all technical evaluations, all relevant factors, and all standards specified in other sections of this chapter, and also consider: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area encompassing the proposed use; 9. The safety of access to the property in time of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges. B. Upon consideration of the factors of subsection (A) of this section and the purposes of this chapter, the Floodplain Board may attach such conditions to the granting of appeals and variances as it deems necessary to further the purposes of this chapter. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 41 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. C. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance and shall report any such variances that are issued in FEMA regulated floodplains in its biennial report, which is also submitted to the Federal Emergency Management Agency. D. Any applicant to whom a variance is granted shall be given written notice over the signature of the Floodplain Administrator, or their designee, that: 1. The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and 2. Such construction below the regulatory flood elevation increases risks to life and property; and 3. The land upon which the variance is granted shall be ineligible for exchange of State land pursuant to the flood relocation and land exchange program provided by ARS § 37-610. A copy of the notice shall be recorded in the office of the Pima County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. E. A person aggrieved in any manner by an action of the Floodplain Review Board may within thirty (30) days appeal to the Floodplain Board. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) 17-6-4 Conditions for Variances. A. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; 3. A determination that failure to grant the variance would result in exceptional hardship to the applicant; 4. A showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Article 17-2 in the definition of “functionally dependent use” (which is unlikely due to the Town of Oro Valley’s arid climate); and 5. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. B. Variances shall not be issued within any designated regulatory floodway REGULATORY FLOODWAY if any increase in regulatory floodway elevation THE BASE FLOOD ELEVATION would result during the base flood discharge. Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 42 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. C. Variances may be issued for the repair, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and that the variance is the minimum necessary in order to preserve the historic character and design of the structure. D. The Floodplain Administrator, at his/her discretion, may grant a variance for non-FEMA regulated flood hazard areas. E. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (0.5) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the regulatory flood elevation, provided the procedures of Articles 17-4 and 17-5 have been fully considered. As the lot size increases beyond one-half (0.5) acre, the technical justification required for issuing the variance increases. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Article 17-7 ORDINANCE AMENDMENTS 17-7-1 Procedures. A. The Floodplain Board may from time to time, after a public hearing required by law (ARS § 38-431.01, and other open meeting laws), amend, supplement, or change the regulations set forth herein or subsequently established. Any amendment, supplement, or change may be initiated by the Floodplain Board or by petition of affected persons hereafter provided. B. The procedures established by this article are to provide for appropriate and timely ordinance amendments, with due consideration of the purpose of this article. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Article 17-8 FEES 17-8-1 Fee Schedule. Fees for Floodplain Use Permits will be charged based on the fee schedule approved by the Town Council. ((O)17-04, 04/05/2017; (O)05-35, 10/05/2005) Chapter 17 Floodplain and Erosion Hazard Management | Oro Valley Town Code Page 43 of 43 The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. The Oro Valley Town Code is current through Ordinance (O)20-10, passed November 4, 2020. Disclaimer: The Town Clerk’s Office has the official version of the Oro Valley Town Code. Users should contact the Town Clerk’s Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. Town Website: www.orovalleyaz.gov Code Publishing Company    Stormwater Utility Commission 5. Meeting Date:07/15/2021   Requested by: Aimee Ramsey, Public Works Submitted By:John Spiker, Public Works SUBJECT: DISCUSSION AND REVIEW OF STORMWATER UTILITY APPROVED BUDGET FOR FISCAL YEAR 21-22 RECOMMENDATION: N/A EXECUTIVE SUMMARY: The Oro Valley Town Council adopted the Fiscal Year 21-22 budget at the Town Council Regular Session Meeting on June 16, 2021. As part of the adopted budget, the Stormwater Utility portion of the budget will be presented to the Stormwater Utility Commission for discussion.   BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: N/A Attachments 21-22 approved budget SWU  TOWN OF ORO VALLEY ANNUAL BUDGET FY 2021-2022 Public Works - Stormwater Utility OVERVIEW The Stormwater Utility enterprise is a division within the Public Works Department. The Stormwater Utility is responsible for federally mandated compliance with the Clean Water Act, meeting all surface water flow quality and quantity issues, including the Town's stormwater management plan, floodplain and erosion hazard management and support of all other Town programs that are impacted by storm events. The Stormwater Utility also coordinates with federal, state and local government agencies with regard to floodplain issues and storm preparedness of this community. 2020-2021 MAJOR ACCOMPLISHMENTS •Updated the ten-year old Drainage Criteria Manual, including: o Town Code Chapter 17 revisions. o Developed regional consistency for drainage modeling and design. •Improved floodplain information request process by developing: o A virtual GIS data and map layout lookup portal. o An online Laserfiche form and public access request process for floodplain status requests. •Participated in Big Horn Fire regional agency coordination and assisted with citizen outreach and education. •Enhanced the automated stormwater billing process and public outreach messaging and access. •Undertook regional watercourse modeling and mapping in partnership with: o Pima County Regional Flood Control District on the following projects: North Ranch Wash Watershed Carmack Wash Watershed Highlands Wash Watershed Big Horn Fire impacted watersheds o FEMA on the following projects: La Cholla Wash Watershed Mutterer/Pusch/Rooney Wash Watersheds •Secured Department of Emergency and Military Affairs funding to deliver Lambert Phase 2 drainage improvement. •Submitted FEMA Building Resilient Infrastructure and Communities (BRIC) Grant application for Highlands Wash. 2021-2022 Recommended Budget TOWN OF ORO VALLEY ANNUAL BUDGET FY 2021-2022 Public Works - Stormwater Utility __________ Expenditure and Staffing Changes Capital Outlay: Capital increased 407% due to planned CIP projects for FY21/22 FY 2020 FY 2021 FY 2021 FY 2022 Variance Personnel Actual Budget Projected Budget to Budget Assistant Public Works Director 0.25 0.25 0.25 0.25 - Stormwater Utility Division Mgr 1.00 1.00 1.00 1.00 - Senior Stormwater Engineer 1.00 1.00 1.00 1.00 - Streets & Drainage Op. Supervisor - 1.00 1.00 1.00 - Stormwater Field Superintendent 1.00 - - - - Stormwater Utility Project Manager 1.00 1.00 1.00 1.00 - Stormwater Inspector Designer 1.00 1.00 1.00 1.00 - Stormwater Utility Analyst 1.00 1.00 1.00 1.00 - Heavy Equipment Operator II 3.00 3.00 3.00 3.00 - Office Specialist - 1.00 1.00 1.00 - Office Assistant 1.00 - - - - Stormwater Intern - - - 0.48 0.48 Total FTEs 10.25 10.25 10.25 10.73 0.48 FY 2020 FY 2021 FY 2021 FY 2022 Variance Expenditures Actual Budget Projected Budget to Budget Personnel 763,646$ 830,507$ 830,507$ 862,098$ 3.8% Operations & Maintenance 505,852 440,243 420,250 440,935 0.2% Capital Outlay 11,033 169,000 144,000 857,374 407.3% Total Expenditures 1,280,531$ 1,439,750$ 1,394,757$ 2,160,407$ 50.1% FY 2020 FY 2021 FY 2021 FY 2022 Variance Actual Budget Projected Budget to Budget Charges for Services 1,443,576$ 1,438,000$ 1,443,000$ 1,440,100$ 0.1% State Grants - - - 300,000 0.0% Miscellaneous 40 -29 - 0.0% Interest Income 23,148 1,000 7,190 1,500 50.0% Total Revenues 1,466,764$ 1,439,000$ 1,450,219$ 1,741,600$ 21.0% Revenue Sources 2021-2022 Recommended Budget