Chapter 14.15
GENERAL PROVISIONS
Sections:
14.15.010 Lands to which this title applies.
14.15.020 Basis for establishing the areas of special flood hazard.
14.15.040 Abrogation and greater restrictions.
14.15.060 Disclaimer of liability.
14.15.070 Statutory exceptions.
14.15.090 Declaration of public nuisance.
14.15.100 Abatement of violations.
14.15.010 Lands to which this title applies.
This title shall apply to all areas of special flood hazards within the corporate limits of the town of Taylor, Arizona. [Ord. 2015-02.]
14.15.020 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Navajo County, Arizona, and Incorporated Areas” dated September 26, 2008, with accompanying Flood Insurance Rate Maps (FIRMs) dated September 26, 2008, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title and may be supplemented by studies for other areas which allow implementation of this title and which are recommended to the floodplain board by the floodplain administrator. The floodplain board, within its area of jurisdiction, shall delineate (or may, by rule, require developers of land to delineate) for areas where development is ongoing or imminent, and thereafter as development becomes imminent, floodplains consistent with the criteria developed by the Federal Emergency Management Agency and the Director of the Arizona Department of Water Resources. The FIS and FIRM panels are on file at the Taylor Town Hall in Taylor, Arizona, and the Navajo County Administration Building in Holbrook, Arizona. [Ord. 2015-02.]
14.15.030 Compliance.
All development of land, construction of residential, commercial or industrial structures, or future development within delineated floodplain areas is subject to the terms of this title and other applicable regulations. [Ord. 2015-02.]
14.15.040 Abrogation and greater restrictions.
This title is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this title and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. [Ord. 2015-02.]
14.15.050 Interpretation.
In the interpretation and application of this title, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes. [Ord. 2015-02.]
14.15.060 Disclaimer of liability.
The degree of flood protection required by this title 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 title does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This title shall not create liability on the part of the town council of the town of Taylor, Arizona, any officer or employee thereof, the state of Arizona or the Federal Emergency Management Agency, for any flood damages that result from reliance on this title or any administrative decision lawfully made hereunder. [Ord. 2015-02.]
14.15.070 Statutory exceptions.
In accordance with A.R.S. section 48-3609(H), unless expressly provided, this and any regulation adopted pursuant to this article do not affect:
A. Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or a building or structure is discontinued for 12 months, or destroyed to the extent of 50 percent of its value as determined by a competent appraiser, any further use shall comply with this article and regulations of the town council of the town of Taylor, Arizona;
B. 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 take effect, except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage potential by 50 percent or more shall be either floodproofed or elevated to or above the regulatory flood elevation;
C. Reasonable repair of structures constructed with the written authorization required by A.R.S. section 48-3613; and
D. Facilities constructed or installed pursuant to a Certificate of Environmental Compatibility issued pursuant to A.R.S. title 40, chapter 2, article 6.2.
Before any authorized construction begins for the exceptions listed below, the responsible person must submit plans for the construction to the floodplain board for review and comment. In accordance with A.R.S. section 48-3613, written authorization shall not be required, nor shall the floodplain board prohibit:
E. The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, roads and streets intersecting or crossing a watercourse;
F. 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 A.R.S. title 45, chapter 6;
G. 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 floodplain board pursuant to regulations adopted by the floodplain board under this chapter;
H. Other construction upon determination by the floodplain board that written authorization is unnecessary;
I. Any flood control district, county, city, town or other political subdivision from exercising powers granted to it under A.R.S. title 48, chapter 21, article 1;
J. The construction of streams, waterways, lakes and other auxiliary facilities in conjunction with development of public parks and recreation facilities by a public agency or political subdivision; and
K. 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.
In addition to other penalties or remedies otherwise provided by law, this state, a political subdivision 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 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 chapter. If a person is found to be in violation of this section, the court shall require the violator to either comply with this section if authorized by the floodplain board or 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. [Ord. 2015-02.]
14.15.080 Unlawful acts.
A. 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. section 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. section 48-3613.
B. Any person found guilty of violating any provision of this title shall be guilty of a misdemeanor. Each day that a violation continues shall be a separate offense punishable as hereinabove described. [Ord. 2015-02.]
14.15.090 Declaration of public nuisance.
All development located or maintained within any area of special flood hazard after August 8, 1973, in violation of this title, is a public nuisance per se and may be abated, prevented or restrained by action of this political subdivision. [Ord. 2015-02.]
14.15.100 Abatement of violations.
Within 30 days of discovery of a violation of this title, the floodplain administrator shall submit a report to the floodplain board which shall include all information available to the floodplain administrator which is pertinent to said violation. Within 30 days of receipt of this report, the floodplain board shall either:
A. Take any necessary action to effect the abatement of such violation; or
B. Issue a variance to this title in accordance with the provisions of Chapter 14.35 TTC; or
C. Order the owner of the property upon which the violation exists to provide whatever additional information may be required for their determination. Such information must be provided to the floodplain administrator within 30 days of such order and the floodplain administrator shall submit an amended report to the floodplain board within 20 days. At the next regularly scheduled public meeting, the floodplain board shall either order the abatement of said violation or they shall grant a variance in accordance with the provisions of Chapter 14.35 TTC; or
D. Submit to the Federal Emergency Management Agency a declaration for denial of 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 as amended. [Ord. 2015-02.]
14.15.110 Severability.
This title and the various parts thereof are hereby declared to be severable. Should any section of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. [Ord. 2015-02.]