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DRAINAGE AND FLOOD CONTROL[1]
Art.
I. In General, §§ 12-1—12-15
Art.
II. Floodplain Management, §§
12-16—12-35
Art.
III.
Art.
IV. Storm Water Retention, §§
12-56—12-100
Div.
1. Generally, §§ 12-56—12-70
Div.
2. Administration, §§ 12-71—12-85
Div.
3. Standards and Specifications, §§
12-86—12-100
Art.
V. Storm Water System Extension
Policy, §§ 12-101—12-105
Art.
VI. Storm Water Pollution
Control, §§ 12-115—12-152
Div. 1. General Provisions, §§ 12-115—12-124
Div.
2. Prohibitions and Controls to Reduce
the Discharge of Pollutants
in
Storm water, §§ 12-125—12-134
Div.
3. Compliance Monitoring, §§
12-135—12-144
Div.
4. Enforcement, §§ 12-145—12-152
ARTICLE
I. IN GENERAL
Secs.
12-1—12-15. Reserved.
ARTICLE II.
FLOODPLAIN MANAGEMENT[2]
Sec.
12-16. Purpose.
(a) The flood hazard areas of
(b) These flood losses are caused by the
cumulative effect of obstructions in areas of special flood hazard which
increase flood heights and velocities, and, when inadequately anchored, damage
uses in other areas. Uses that are
inadequately floodproofed, elevated or otherwise protected from flood damage
also contribute to the flood loss.
(c) It is the purpose of this article 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:
(1) To protect human life and health;
(2) To minimize expenditure of public money for
costly flood-control projects;
(3) To
minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) 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 areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the second
use and development of areas of special flood hazard so as to minimize future
flood blight areas;
(7) To ensure that potential buyers are notified that property is in
an area of special flood hazard;
(8) To ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions; and
(9) To maintain eligibility for state disaster relief.
(Ord. No. 87.25, 9-10-87)
Sec. 12-17. Methods of reducing flood losses.
In order to
accomplish its purposes, this article includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health,
safety and property due to water or erosion hazards, or which result in
damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of initial
construction;
(3) Controlling the alteration of natural floodplains, stream
channels and natural protective barriers, which help accommodate or channel
floodwaters;
(4) Controlling filling, grading, dredging and other development
which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers
which will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
(Ord. No. 87.25,
Sec. 12-18. Definitions.
Unless
specifically defined below, words or phrases used in this article shall be
interpreted so as to give them the meaning they have in common usage and to
give this article its most reasonable application:
Appeal means
a request for a review of the floodplain administrator's interpretation of any
provision of this article.
Area of shallow flooding means a designated AO Zone on the flood insurance rate map
(FIRM). The base flood depths range from one to three (3) feet, a clearly
defined channel does not exist, the path of flooding is unpredictable and indeterminate,
and velocity flow may be evident.
Base flood means
the flood having a one percent chance of being equaled or exceeded in any given
year.
Breakaway wall means
a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral
loading forces without causing damage to the elevated portion of the building
supporting foundation system.
Critical feature means
an integral and readily identifiable part of a flood protection system without
which the flood protection provided by the entire system would be compromised.
Development means
any man-made change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
Financial assistance means any form of loan, grant, guaranty, insurance, payment,
rebate, subsidy, disaster assistance loan or grant, or any other form of direct
or indirect federal assistance, other than general or special revenue sharing
or formula grants made to states.
Flood or
flooding means a general and
temporary condition of partial or complete inundation of normally dry land
areas from the overflow of flood water; the unusual and rapid accumulation or
runoff of surface waters from any source; or the collapse or subsidence of land
along the shore of a body of water as a result of an unanticipated force of
nature, such as flash flood, or by some similarly unusual and unforeseeable
event which results in flooding as defined in this definition.
Flood boundary floodway map means the official map on which the
Federal Insurance Administration has delineated both the areas of flood hazard
and the floodway.
Flood insurance rate map (FIRM) means the official map on which the
Federal Insurance Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
Flood insurance study means the official report provided by the Federal Insurance
Administration that includes flood profiles, the FIRM, the flood boundary
floodway map, and the water surface elevation of the base flood.
Floodplain or
flood-prone area means any land area
susceptible to being inundated by water from any source (see definition of
"Flooding").
Floodplain administrator means the city engineer of the city who is hereby authorized
by the floodplain board to administer the provisions of this article.
Floodplain board means
the city council of the city at such times as they are engaged in the
enforcement of this article.
Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood-control works and floodplain management
regulations.
Floodplain management regulations means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as floodplain ordinances, grading ordinances and erosion control
ordinances) and other applications of police power. The term describes such
state or local regulations in any combination thereof which provide standards
for the purpose of flood damage prevention and reduction.
Flood proofing means
any combination of structural and nonstructural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real estate
or improved real property, water and sanitary facilities, structures and their
contents.
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 a "special flood hazard" and the extent
of the 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.
Flood-related erosion means the collapse or subsidence of land along a body of
water as a result of an unanticipated force of nature, such as a flash flood,
or by some similarly unusual and unforeseeable event which results in flooding.
Floodway means
the channel of a river or other watercourse and the adjacent land areas
necessary in order to discharge the 100-year flood without cumulatively
increasing the water surface elevation.
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, but does not
include long-term storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Historic structure means a structure
listed on the National Register of Historic Places or in a state or local
inventory of historic places.
Levee means
a man-made structure, usually an earthen embankment, designed and constructed
in accordance with sound engineering practices to contain, control or divert
the flow of water so as to provide protection from temporary flooding.
Levee system means
a flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
Lowest floor means the lowest floor of
the lowest enclosed area (including basement). 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 a building's lowest
floor; provided, that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of this
article.
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 connected 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 sale or rent.
Mean sea level means,
for purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations
shown on a community's flood insurance rate map are referenced.
New construction means,
for floodplain management purposes, 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.
Person means
an individual or his agent, a firm, partnership, association or corporation or
agent of the aforementioned groups, or this state or its agencies or political
subdivisions.
Program means
the National Flood Insurance Program authorized by 42 U.S.C. §§ 4001—4128.
Program deficiency means
a defect in a community's floodplain management regulations or administrative
procedures that impairs effective implementation of those floodplain management
regulations or of the NFIP standards.
Recreational vehicle means a vehicle which
is (1) built on a single chassis, (2) four hundred (400) square feet or less
when measured at the largest horizontal projection, (3) designed to be
self-propelled or permanently towable by a light duty truck, and (4) 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 one foot above the
base flood elevation indicated on the FIRM. For example, buildings in Zone
"AO (one foot depth)" are required to have the lowest floor two (2)
feet higher than the highest adjacent grade.
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
article or otherwise deterring future similar violations, or reducing federal
financial exposure with regard to the structure or other development.
Riverine means
relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
Special flood hazard area means an area having special flood or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99 or AH.
Start of construction includes substantial improvement, 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 one hundred eighty (180) days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the
pouring of slabs 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 clearing, grading and filling; nor does it include the
installation of streets or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings,
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 building, whether or not
that alteration affects the external dimensions of the building.
Structure means
a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
Substantial damage means damage of any
origin sustained by a structure whereby the cost of restoring the structure to
its before damaged condition would equal or exceed fifty percent (50%) of the
market value of the structure before the damage occurred.
Substantial improvement means any repair, reconstruction, rehabilitation, addition
or improvement of a structure, the cost of which equals or exceeds fifty
percent (50%) 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:
(1) 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
(2) 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 article which permits
construction in a manner that would otherwise be prohibited by this article.
Violation means
the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in this article
is presumed to be in violation until such time as that documentation is
provided.
(Ord. No. 87.25, 9-10-87; Ord. 2005.67, 9-29-05)
Sec. 12-19. Compliance and jurisdiction of this article.
(a) This article shall apply to all areas of
special flood hazards within the corporate limits of
(b) Within a delineated floodplain, the community
development department shall not issue a building permit until receipt of
notification from the floodplain administrator that all plans have been
reviewed and approved for conformance with this article.
(c) Within a
delineated floodplain, the community development department shall not issue a
certificate of occupancy until receipt of notification from the floodplain
administrator that all construction has been completed in conformance with this
article.
(Ord. No. 87.25,
Sec. 12-20. Basis for establishing the areas of special
flood hazard.
The area of
special flood hazard identified by the Federal Emergency Management Agency (FEMA)
in a scientific and engineering report entitled "The Flood Insurance Study
for Maricopa County and Incorporated areas" dated July 19, 2001, with an
accompanying flood insurance rate map and all subsequent amendments or
revisions are adopted by reference and declared to be a part of this
article. The flood insurance study and
the flood insurance rate maps are on file at the city engineering office. The flood insurance study is the minimum area
of applicability of this article and may be supplemented by studies for other
areas which allow implementation of this article 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 FEMA and the director of water resources.
(Ord. No. 87.25, 9-10-87; Ord. No. 2005.67, 9-29-05)
Sec. 12-21. Abrogation and greater restrictions.
This article
is not intended to repeal, abrogate or impair any existing easements, covenants
or deed restrictions. However, where
this article and another ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
(Ord. No. 87.25,
Sec. 12-22. Interpretation.
In the
interpretation and application of this article, all provisions shall be
considered as minimum requirements, liberally construed in favor of the
governing body, and deemed neither to limit nor repeal any other powers granted
under state statutes.
(Ord. No. 87.25,
Sec. 12-23. Warning and disclaimer of liability.
The degree of
flood protection required by this article 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 man-made or natural causes. This article 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 article shall not create liability on the part of the city, any
officer or employee thereof, or the Federal Insurance Administration for any
flood damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
(Ord. No. 87.25,
Sec.
12-24. Statutory exemptions.
(a) In accordance
with A.R.S. § 48-3609, nothing in this article shall:
(1) Affect existing uses of property or the right to continuation of
the use under conditions which existed on the effective date of this article;
(2) Affect repair or alteration of property for the purposes for
which such property was used on the effective date of this article; providing
such repair or alteration does not exceed fifty percent (50%) of the value of
the property prior to the repair or alteration; and provided the repair or
alteration does not decrease the carrying capacity of the watercourse; or
(3) Affect or apply to facilities constructed or installed pursuant
to a certificate or environmental compatibility issued under the authority of
Title 40, Chapter 2, Article 6.2.
(b) In accordance with A.R.S. § 48-3613,
written authorization shall not be required, nor shall the floodplain board
prohibits:
(1) The construction of bridges, culverts, dikes and other
structures necessary to the construction of public highways, roads and streets
intersecting a watercourse;
(2) The construction of structures on banks of a creek, stream,
river, wash, arroyo or other watercourse to prevent erosion of or damage to
adjoining land, or dams for the conservation of floodwaters as permitted by
Title 48, Chapter 21;
(3) Construction of tailing dams and waste disposal areas for use in
connection with mining and metallurgical operations. This paragraph does not exempt those sand and
gravel operations which will divert, retard or obstruct the flow of waters in
any watercourse; or
(4) Any flood-control district, or other political subdivision, from
exercising powers granted to it under Title 45, Chapter 10, Arizona Revised
Statutes.
(c) Before any construction authorized by
paragraph (b) above may begin, the responsible person must submit plans for the
construction to the floodplain administrator for review and comment.
(d) These exemptions do not preclude any person
from liability if that person's actions increase flood hazards to any other
person or property.
(Ord. No. 87.25,
Sec. 12-25. Violations.
(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.
(b) Violators of this article shall be notified
in writing by the city engineer. The
notice, which shall be sent by certified mail or personally served, shall state
specifically the nature of the violation and request that it be corrected. If a violation is not corrected within thirty
(30) days after notice, the city engineer shall promptly hand over all
pertinent facts to the city attorney with a request for prosecution under the
provisions of this article. Any persons
violating any of the provisions of this article shall be guilty of a
misdemeanor and punishable as set forth in § 1-7 of this code.
(c) If attempts to abate the violation are
unsuccessful, the floodplain administrator shall submit to the administrator of
Federal Insurance Administration 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 § 1316 of the National Flood Insurance Act of 1968, as
amended.
(Ord. No. 87.25,
Error! Bookmark not defined.Sec.
12-26. Severability.
The ordinance
from which this article is derived, and the various parts thereof, are hereby
declared to be severable. Should any
section of this article be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the article as a whole
or any portion thereof other than the section so declared to be
unconstitutional or invalid.
(Ord. No. 87.25,
Sec. 12-27. Establishment of floodplain permit.
A floodplain
permit shall be obtained before construction or development begins within any
special flood hazard area. Application
for a floodplain permit shall be made on forms furnished by the floodplain
administrator and may include, but not be limited to, plans, in duplicate,
drawn to scale, showing the nature, location, dimensions and elevation of the
area in question; existing or proposed structures, 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 Zone AO, elevation of existing grade and
proposed elevation of lowest floor of all structures;
(2) Proposed
elevation, in relation to mean sea level, to which any structure will be
floodproofed;
(3) Certification
by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in §
12-29(c); and
(4) Description
of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
(Ord. No. 87.25, 9-10-87; Ord. 2005.67, 9-29-05)
Sec.
12-28. Designation, duties and
responsibilities of the floodplain administrator.
(a) Designation. The floodplain administrator is hereby
designated as enforcing officer for this article and is hereby authorized and
directed to formulate the procedures and criteria necessary to carry out its
intent. He may adopt a fee schedule for
review of applications for permits and variances from the requirements of this
article.
(b) Duties
and responsibilities. Duties of the
floodplain administrator or his designee shall include, but not be limited to:
(1) Review all floodplain permits to determine that:
a. The permit requirements of this article
have been satisfied;
b. All other required state and federal permits
relating to floodplains and floodways
have been obtained;
c. The site is reasonably safe from flooding;
and
d. The proposed development does not
adversely affect the carrying capacity of the floodway. For purposes of this article, "adversely
affects" means that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development within
(2) Use of other base flood
data. When base flood elevation data
has not been provided in accordance with § 12-20, 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 this
article. Any such information shall be
submitted to the floodplain board for adoption.
(3) Obtain and maintain for public inspection and make available as
needed for flood insurance policies:
a. The certified elevation required in §
12-29(c)(1);
b. The certification required in §
12-29(c)(2);
c. The floodproofing certification required
in § 12-29(c)(3); and
d. The certified elevation required in §
12-32(b).
(4) Whenever a watercourse is to be altered or relocated:
a. Notify adjacent communities and the
Arizona Department of Water Resources prior to such alteration or relocation of
a watercourse, and submit evidence of such notification to the Federal
Insurance Administration; and
b. Require that the flood-carrying capacity
of the altered or relocated portion of said watercourse is maintained.
(5) Within one hundred twenty (120) days after completion of
construction of any flood control protective works which change the rate of
flow during the flood or the configuration of the floodplain upstream or
downstream from or adjacent to the project, the person or agency responsible
for installation of the project shall provide to the governing bodies of all
jurisdictions affected by the project a new delineation of all floodplains
affected by the project. The new
delineation shall be done according to the criteria adopted by the Director of
the Department of Water Resources of the State of
(6) 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, the city floodplain administrator shall
notify FEMA of the changes by submitting technical or scientific data in
accordance with volume 44 of the Code of Federal Regulations, § 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) Advise the Flood Control District of Maricopa County and any
adjunct jurisdiction having responsibility for floodplain management in writing
and provide a copy of the development plans included with all applications for
floodplain use permits to develop land in a floodplain or floodway within one
mile of the corporate limits of the city.
Also, advise the Flood Control District of Maricopa County in writing and
provide a copy of any development plan of any major development proposed within
a floodplain or floodway which could affect floodplains, floodways or
watercourses within the district's area of jurisdiction. Written notice and a copy of the plan of development
shall be sent to the district no later than three (3) working days after having
been received by the floodplain administrator.
(8) Make interpretations where needed as to the exact location of
the boundaries of special flood hazard areas (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in § 12-35.
(9) Take actions on violations of this article as required in §
12-25 herein.
(Ord. No. 87.25, 9-10-87; Ord. 2005.67, 9-29-05)
Sec. 12-29. Standards of construction.
In all areas
of special flood hazards the following standards are required:
(a) Anchoring:
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure.
(2) All manufactured homes shall meet the anchoring standards of §
12-33(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.
(c) Elevation
and floodproofing:
(1)
New
construction and substantial improvement of any structure shall have the lowest
floor, including basement, elevated to or above the regulatory flood
elevation. Nonresidential structures may
meet the standards in subsection (3) below.
Upon the completion of the structure the elevation of the lowest floor including
basement shall be certified by a registered professional engineer or surveyor
and provided to the floodplain administrator prior to the issuance of a
certificate of occupancy.
(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 by at least one 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 subsection (3) below. Upon
completion of the structure and prior to occupancy, a registered professional
engineer or surveyor shall certify to the floodplain administrator that the
elevation of the structure meets this standard.
(3) Nonresidential construction shall either be elevated in
conformance with subsections (1) or (2) above or, together with attendant
utility and sanitary facilities:
a. Be floodproofed so that below the
regulatory flood level 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 a registered professional
engineer or architect that the standards of this subsection are satisfied. Such
certifications shall be provided to the floodplain administrator prior to
occupying any building or structure on the property.
(4) Require, for all new construction and substantial improvements,
that fully enclosed areas below the lowest floor that are subject to flooding
shall 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 a registered professional engineer or architect to meet
or exceed the following minimum criteria: A minimum of two (2) openings having
a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher
than one foot above grade. 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) Require, for all new construction and substantial improvements
within zones AH or AO, adequate drainage paths around structures on slopes to
guide floodwater around and away from structures.
(6) Manufactured homes shall meet the above standards and also the
standards in § 12-33.
(Ord. No. 87.25, 9-10-87; Ord. No. 2005.67, 9-29-05)
Sec.
12-30. Standards for storage of
materials and equipment within special flood hazard areas.
(a) The storage or processing of materials that
are in time of flooding buoyant, flammable, explosive, or could be injurious to
human, animal or plant life is prohibited.
(b) Storage of other material or equipment may
be allowed if not subject to major damage by floods and if firmly anchored to
prevent flotation or if readily removable from the area within the time
available after flood warning.
(Ord. No. 87.25,
Sec. 12-31. Standards for utilities within special flood
hazard areas.
The following
standards shall apply to utilities within flood hazard areas:
(1) All
new and 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.
(2) On-site
waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(3) Waste
disposal systems shall not be installed wholly or partially in a floodway.
(4) Electrical,
heating, ventilation, plumbing and air conditioning equipment and other service
facilities shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
(Ord. No. 87.25,
Sec. 12-32. Standards for subdivisions.
The following
standards shall apply to subdivisions:
(1) All
preliminary subdivision plats shall identify the boundary of the flood hazard
area and the elevation of the base flood;
(2) All
final subdivision plans will provide the elevation of proposed structure(s) and
pads. The final pad elevation shall be certified by a registered professional
engineer or surveyor and provided to the floodplain administrator; and
(3) All
subdivision proposals shall be consistent with the need to minimize flood
damage. All subdivision proposals shall
have public utilities and facilities, such as sewer, gas, electrical and water
systems, located and constructed to minimize flood damage. All subdivisions shall provide adequate
drainage to reduce exposure to flood hazards.
(Ord. No. 87.25,
Sec. 12-33. Standards for manufactured homes and
recreational vehicles.
(a) All new and replacement manufactured homes
and additions to manufactured homes within special flood hazard areas shall:
(1) Be elevated so that the bottom of the
structural frame or the lowest point of any attached appliances, whichever is
lower, is at the regulatory flood elevation; and
(2) Be securely anchored to an adequately
anchored foundation system to resist flotation, collapse or lateral movement.
(b) All
recreational vehicles placed on site will either:
(1) Be on site for fewer than one hundred eighty (180) consecutive
days;
(2) Be fully licensed and ready for highway use. 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 permanent
attached additions; or
(3) Meet the permit requirements of § 12-27 and the elevation
and anchoring requirements for manufactured homes in § 12-33.
(Ord. No. 87.25, 9-10-87; Ord. No. 2005.67, 9-29-05)
Sec. 12-34. Floodways.
Located within
areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous
area due to the velocity of floodwaters which carry debris, potential
projectiles, and erosion potential, the following provisions apply:
(1) Prohibit
encroachments, including fill, new construction, substantial improvements and
other development, unless certification by a registered professional engineer
or architect is provided demonstrating that encroachments shall not result in
any increase in flood levels during the occurrence of the base flood discharge;
and
(2) If
subsection (a) is satisfied, all new construction and substantial improvements
shall comply with all other applicable flood hazard reduction provisions of §§
12-29 through 12-33.
(Ord. No. 87.25,
Sec. 12-35. Variances and the right of appeal.
(a) The floodplain administrator may grant
variances from the requirements of this article.
(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 article.
(c) In passing upon such applications,
consideration shall be given all technical evaluations, all relevant factors,
standards specified in other sections of this article, and:
(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 availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(6) The compatibility of the proposed use with existing and
anticipated development;
(7) The relationship of the proposed use to the comprehensive plan
and floodplain management program for that area;
(8) The safety of access to the property in time of flood for
ordinary and emergency vehicles;
(9) The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site; and
(10) 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 and water systems, and streets and
bridges.
(d) Generally, variances may be issued for new
construction and substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items (c)(1)
through (10) above have been fully considered.
As the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
(e) Upon consideration of the factors of items
(c)(1) through (10) above and the purposes of this article, the floodplain
administrator may attach such conditions to the granting of variances as he
deems necessary to further the purposes of this article.
(f) The floodplain administrator shall maintain
the records of all appeal actions and report any variances to the Federal
Insurance Administration upon request.
(g) Variances may be issued for the
reconstruction, rehabilitation or restoration of structures listed in the
National Register of Historic Places or the State Inventory of Historic Places
without regard to the procedures set forth in the remainder of this section.
(h) Variances shall not be issued within any
designated floodway if any increase in flood levels during the base flood
discharge would result.
(i) Variances shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(j) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, or create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(k) Any
applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the
regulatory flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation. Such notice will also state
that 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 for by Title 26, Chapter 2, Article 2, Arizona Revised
Statutes. A copy of the notice shall be
recorded by the floodplain board in the office of the Maricopa County Recorder
and shall be recorded in a manner so that it appears in the chain of title of
the affected parcel of land.
(Ord. No. 87.25,
ARTICLE
III.
Sec. 12-36. Dumping in flood channel; permit required.
No person,
other than the United States government, the state or its governmental
subdivisions shall dump or place dirt, sand, gravel, garbage, junk or refuse in
the Salt River floodway or floodway fringe which lies within the city, unless
such person has first procured a permit for such dumping or placing from the
city council.
(Code 1967, § 15-18)
Sec. 12-37. Permit application procedure.
Applications
for permits required by this article, along with a five-dollar application fee,
which may not be returned, may be filed with the city engineer who shall
thereupon make investigations concerning the application, and present the
application along with a report concerning it and his recommendation for its
approval or disapproval to the city council at a regular city council meeting,
held not more than thirty (30) days after the date of filing of the
application.
(Code 1967, § 15-19)
Sec. 12-38. Approval or denial of permit; fee.
The city
council may grant or refuse a permit under this article and may in its
discretion hold a public hearing to determine facts relevant to the application
therefor. If the city council has not
granted or refused a permit within sixty (60) days after filing of the
application, the application shall be deemed approved. Upon approval of the application, the city
engineer shall issue a permit upon payment of a five-dollar permit fee.
(Code 1967, § 15-20)
Sec. 12-39. Permit conditions, renewal fee.
The city
engineer may impose reasonable conditions upon the use of the permits, and may
formulate rules and regulations concerning their use, and in applying for and
receiving a permit the applicant agrees to follow these conditions, rules and
regulations which are in existence at the time of issuance of the permit, and
all conditions, rules and regulations that may be adopted by the city engineer
subsequent to the date of issuance. Such
permits may be renewed by payment of an annual permit fee of five dollars ($5).
(Code 1967, § 15-21)
Sec. 12-40. Revocation of permit; appeal.
The city
engineer may at any time revoke a permit issued pursuant to this article for
breach of any conditions, rules or regulations, but the permit holder may
appeal such revocation to the city council where he shall be entitled to a
public hearing.
(Code 1967, § 15-22)
Sec. 12-41. Altering surface elevation.
No person,
other than the United States government, the state or its governmental
subdivisions, shall raise or lower the elevation of the surface of the earth
within that portion of the Salt River floodway or floodway fringe lying within
the city so as to endanger or jeopardize public or private property lying
within or without the Salt River floodway or floodway fringe, by increasing the
flood danger to or increasing the probable extent of flood damage to such
property.
(Code 1967, § 15-23)
Secs. 12-42—12-55. Reserved.
ARTICLE IV. STORM WATER
RETENTIONError! Bookmark
not defined.
DIVISION
1. GENERALLY
Sec. 12-56. PurposeError! Bookmark
not defined..
The purpose of
this article is to require the owner/developer of each lot, plot or parcel of
land within the city, outside of the alternative retention criteria area, to
provide storage of sufficient volume to hold the total runoff from the
one-hundred year design storm falling on that lot, plot or parcel of land and
on adjacent street and alley rights-of-way, except arterial streets. In the alternative retention criteria area,
the owner/developer is required to provide storage of sufficient volume to hold
the total runoff from the two-year design storm unless storm water pollution best
management practices have been approved by the public works director under § 12‑127(b). The owner/developer shall not be required to
provide storage for runoff from land other than his own.
(Code 1967, § 29A-1; Ord. No. 93.03, 2-11-93; Ord. No. 2004.13,
4-29-04; Ord. No. 2010.02, 2-4-10)
Sec. 12-57. Definitions.
The following
words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alternative retention criteria area means the following areas:
(1) The area bounded by the north right-of-way
of the 202 freeway west of the Union Pacific Railroad and west of Mill Avenue
(north of Washington/Curry Road) and by the city limits on the north and west.
(2) On the south side of Tempe Town Lake, the
area bounded by the north right-of-way of Rio Salado Parkway, the south bank of
the Tempe Town Lake, the north prolongation of Hardy Drive, and the Karsten
Golf Course at ASU, and excluding Arizona State University-owned property. On the north side of
(3) The area bounded by the north right-of-way
of University Drive, the Union Pacific Railroad, the south right-of-way of Rio
Salado Parkway, the west right-of-way of College Avenue and wrapping around the
Tempe Butte on the north and east side of the old railroad spur, and the
property east of College Avenue known as the Arizona National Guard property.
AZPDES permit means an
Building floor elevation means the finished floor elevation in feet above mean sea
level of the lowest floor, including basement, of a building. Building floor elevations shall be related to
the city datum.
Building pad elevation means the elevation in feet above mean sea level of the
material on which the floor slab directly rests.
Drainage plan means
that certain plan on which are shown the locations, dimensions and elevations
of proposed storm water storage areas.
One-hundred-year storm means a storm that has one percent (1%) chance of occurring,
in accordance with criteria established by the city engineer.
On-site storage means
storage on public or private property or any combination thereof, but not on
public street or alley right-of-way.
Retention means
total storage, without overland relief, of flows generated during the design
storm.
Two-year storm means a storm that has
fifty percent (50%) chance of occurring, in accordance with criteria
established by the city engineer.
(Code 1967, § 29A-2; Ord. No. 93.03, 2-11-93; Ord. No. 2004.13,
4-29-04)
Sec. 12-58. Repealed.
(Ord. No. 93.03,
Sec. 12-59. Violations.
(a) Violators of this article shall be notified
in writing by the city engineer. The
notice, which shall be sent by certified mail, shall state specifically the
nature of the violation and request that it be corrected. If a violation is not corrected within thirty
(30) days after notice, the city engineer shall promptly hand over all
pertinent facts to the city attorney with a request for prosecution under the
provisions of this article.
(b) Any persons violating any of the provisions
of this article shall be guilty of a misdemeanor and punishable as set forth in
§ 1-7 of this code.
(Code 1967, § 29A-4)
Sec.
12-60. Exceptions.
The
requirements of this article may be waived at the discretion of the city
engineer if:
(a) An individual AZPDES permit for storm water
discharges directly from a development to waters of the United States has been
issued to the owner/developer by the Arizona Department of Environmental
Quality, or
(b) The public works director, in consultation
with the Arizona Department of Environmental Quality, determines that retention
will result in environmental degradation, and that alternatives to retention
will effectively limit pollutant discharges to waters of the
(Ord. No. 2004.13, 4-29-04; Ord. No.
2010.02, 2-4-10)
Secs. 12-61—12-70. Reserved.
DIVISION
2. ADMINISTRATION
Sec. 12-71. Generally.
(a) The city engineer is hereby designated as
the enforcing officer of this article and is hereby authorized and directed to
formulate the procedures and criteria necessary to carry out its intent.
(b) The community development department shall
not issue a grading or building permit until receipt of notification from the
city engineer that a drainage plan has been approved in accordance with this
article.
(c) The community development department shall
not issue a certificate of occupancy until receipt of notification from the
city engineer that construction has been completed in substantial compliance
with the approved drainage plan or that subsequent completion has been
guaranteed by other means acceptable to the city.
(Code 1967, § 29A-5; Ord. No. 93.03, 2-11-93; Ord. No.
97.20, 4-10-97; Ord. No. 2010.02, 2‑4‑10)
Sec. 12-72. Appeals.
The city
engineer is charged with the responsibility for administration and
interpretation of this article. Any
person who is dissatisfied or aggrieved by any decision of the city engineer
may appeal such decision by filing written notice of appeal with the city
clerk. Such notice of appeal shall be
forwarded to the city council at its next regularly scheduled meeting, at which
time a date will be set for hearing on the appeal. The decision of the city council on the
appeal shall be final.
(Code 1967, § 29A-6)
Sec. 12-73. Drainage permits.
(a) No person may fill or substantially alter
the surface of any lot, plot or parcel of land without first having obtained a
drainage permit from the city engineer.
(b) Prior to issuing a drainage permit, the
city engineer shall require the owner/developer to submit for approval a
drainage plan showing existing and proposed grades with calculations showing
the volume of storage required and provided.
Such plans and calculations shall be prepared under the direction of a
professional engineer registered in the State of
(c) Where the permittee is the owner of a
platted residential lot and where the work is to be done only on such lot,
plans and calculations prepared by a professional engineer will not be
required. The property owner shall
submit a sketch showing the proposed work.
The city engineer is authorized to assist the property owner in preparing
such a sketch and making any computations which may be required.
(d) No drainage permit shall be issued by the
city engineer until receipt of notification from the community development
department that the grading shown on the drainage plan has been approved.
(e) No drainage
permit shall be issued by the city engineer in the alternative retention
criteria area for developments that do not provide retention storage volume for
at least the two-year design storm until receipt of notification from the public
works department that storm water pollution best management practices have been
approved in accordance with § 12-127(b).
(f) All drainage permits required by the
provisions of this article shall be issued by the city engineer. Permits will be issued only upon approval of
a drainage plan and payment of fees.
(see Appendix - Drainage Permit Fees)
(g) The owner/developer will provide
construction staking.
(h) The city will inspect and accept the work,
including material testing necessary to determine that the work is done in
accordance with the requirements of the city engineer.
(i) Prior to acceptance of the work, the
owner/developer shall furnish a reproducible copy of the approved drainage plan
containing a certificate, signed by a professional engineer or land surveyor
registered in this state, certifying that the improvements were constructed in
accordance with the approved plan.
As-built plans will not be required from owners of properties developed
under subsection (c) of this section.
(Code 1967, § 29A-7; Ord. No. 93.03, 2-11-93; Ord. No.
97.20, 4-10-97; Ord. No. 2004.13, 4‑29‑04; Ord. No. 2010.02, 2-4-10)
Secs. 12-74—12-85. Reserved.
DIVISION
3. STANDARDS AND SPECIFICATIONS
Sec. 12-86. On-site storage.
(a) On-site storage may be provided in any of
the following ways:
(1) Individual
storage;
(2) Central storage; or
(3) Combination storage.
(b) Individual storage shall consist of
providing adequate storage volume for the design storm on a lot, plot or parcel
of land for all water falling on the lot, plot or parcel of land. Storage
volume shall also be provided for adjacent streets and alleys, except for
arterial streets. In single-family residential zones, the maximum depth of
water in the storage area at design storm shall be eight (8) inches, unless
otherwise approved by the city engineer. In all other zoning categories, the
maximum depth of water at design storm shall be three (3) feet.
(c) Central storage shall consist of providing
adequate storage volume for the appropriate design storm in one or more central
basins to handle the runoff from more than one lot, plot or parcel of
land. The maximum depth of water in the
storage area at design storm shall be three (3) feet, unless otherwise approved
by the city engineer.
(1) The owner of the property on which the central storage basin is
to be located shall grant a right to use such property for drainage
purposes. Such grant shall be made by
means of a document which shall be approved by the city attorney and recorded
in the office of the county recorder and which shall contain the following
provisions:
a. A legal description of the property to be
used for storage purposes;
b. A legal description of the property which
is permitted to drain to the basin;
c. A statement
that the owner is responsible for the construction and maintenance of the basin
in accordance with standards established by the city engineer;
d. A statement that no buildings or
structures may be constructed within the basin;
e. A statement that the property shall be
used for storm water storage so long as it is required in the opinion of the
city engineer; and
f. Such other provisions as are deemed by
the city attorney to be necessary to effectuate the provisions of this article.
(2) In lieu of the requirements contained in subparagraph (c)(1),
the owner may dedicate the property to be used for central storage to the city
for public use for basins greater than five (5) acres. Such dedication shall become effective only
upon acceptance by the city council. As
conditions precedent to the acceptance of a dedication, the city council may
require the owner to comply with the following conditions:
a. Grading of the basin in accordance with
standards established by the city engineer;
b. Construction of dry wells as necessary to
dispose of nuisance water;
c. Seeding to provide ground cover;
d. Construction of flood irrigation or
sprinkler systems; and
e. Such other construction as the city
council may deem necessary to the proper public use of the property.
Upon the acceptance
of the dedication by the city council and completion of any required
construction, the city will assume responsibility for the operation and
maintenance of the property and all facilities thereon.
(d) Combination storage shall consist of
providing adequate storage volume for the design storm by a combination of
individual and central storage. All
requirements and conditions outlined in subsections (b) and (c) of this section
shall apply.
(Code 1967, § 29A-8; Ord. No. 93.03, 2-11-93)
Sec. 12-87. Building floor elevations.
(a) The minimum building floor elevation shall
be ten (10) inches above the design high water elevation for the design storm
or the outfall of the lot, whichever is higher, in the case of individual or
combination storage.
(b) In the case of central storage, the minimum
building floor elevation shall be ten (10) inches above the outfall of the lot.
(c) The owner/developer shall have the option
of floodproofing, in a manner acceptable to the city engineer, to the minimum
building floor elevation.
(d) The provisions of this section shall not
apply to any existing building or structure, nor to an expansion of less than
twenty-five percent (25%) in floor area to an existing building or structure;
but in no case shall the floor elevation of the extension be below the existing
floor of the habitable space.
(e) Prior to occupying any building or
structure constructed under the provisions of this article, the owner/developer
shall submit to the city engineer a certificate, signed by a professional
engineer or land surveyor registered in this state, giving the actual building
pad elevation as constructed.
(Code 1967, § 29A-9; Ord. No. 93.03, 2-11-93)
Secs. 12-88—12-100. Reserved.
ARTICLE V. STORM WATER SYSTEM EXTENSION POLICY
Sec. 12-101. Established.
There is
hereby established, as set forth in this article, a policy and an orderly
program for extension of the city storm water system to serve those properties
within and without the city limits.
(Code 1967, § 31-12)
Sec.
12-102. Definitions.
For
the purposes of this article, the following words, terms and phrases shall have
the meanings respectively ascribed to them by this section, except where the
context clearly indicates a different meaning:
Cost means
construction contract price.
Developer/owner means
any person engaged in the development of one or more parcels of land and
contracting for an extension of the city storm water system.
Facility means
any storm water conduit, drainage structure, retention basin, pumping equipment
and any other related construction which constitutes or will constitute part of
the city storm water system.
Participating charge means proportionate share of the cost (construction contract
price) based on benefits derived in accordance with standards determined by the
public works director and approved by the city council for any existing storm
water facility.
(Code 1967, § 31-13; Ord. No. 2001.17, 7-26-01; Ord. No.
2010.02, 2-4-10)
Sec. 12-103. Preparation of plans, specifications.
Upon
development of any property, area or subdivision within or without the city
limits for which storm water facilities are required, all plans and
specifications for such facilities shall be prepared by a professional
engineer, registered in the state, and in accordance with the city department
of public works standards and specifications.
(Code 1967, § 31-14)
Sec.
12-104. Agreement with city prerequisite
to connection.
Before
the extension of or connection to any facility shall be made to serve a
subdivision or platted or unplatted property, the developer/owner desiring such
extension or connection must execute an agreement with the city which shall
include the following:
(1) A
warranty of workmanship and material for facilities installed which shall run
to the benefit of the city for a period of at least one year from the date of
acceptance by the city;
(2) A
diagram of all property which may be served by any facility to be installed;
(3) A
statement that the city acquires ownership of any facility upon completion and
acceptance of the work by the city;
(4) A
statement that the city's cost for inspecting such work shall be paid by the
developer/owner;
(5) A
statement of the developer/owner's proportionate share of the cost for
previously installed facilities; and
(6) A
statement of the maximum possible reimbursement that may accrue to the
developer/owner for the cost of facilities to be installed by him but from
which others may be served. If others
are served, a participating charge will be made at the time of their
development.
(Code 1967, § 31-15)
Sec. 12-105. Financing of connections.
The following
provisions may be applicable to facilities to serve individuals, unplatted
areas and subdivisions:
(1) When
an existing facility will be used, a participating charge based upon that
portion of the property to be developed shall be placed on deposit with the
city prior to developing the property;
(2) No
person shall be permitted to extend service to adjacent property owned by
someone else or to property for which a participating charge has not been
advanced and deposited with the city without written approval of the city;
(3) The
city will establish a separate account for each reimbursement agreement for the
collection of participating charges and reimbursements to the party who
financed the installation of the facility.
Sums collected shall be treated as trust funds to be paid upon
receipt. In no event will the sums
reimbursed exceed the contract price for the installation of the facility;
(4) The
reimbursement agreement shall state to whom reimbursement shall be made and
shall include a diagram of the property from which reimbursements are
contemplated. Should the property or any
portion thereof not be served by the facility installed under the agreement,
the developer/owner will not be reimbursed for the proportionate share of the
cost otherwise due from such property;
(5) Any
developer/owner may assign the benefits arising out of any storm water facility
agreement with the city; provided, however, that any such assignment shall not
relieve the developer/owner from his duties and obligations under such
agreement;
(6) Any
agreement providing for reimbursement of the developer/owner by a subsequent
and adjacent developer/owner shall run for a maximum period of twenty (20)
years after execution of the agreement and thereupon terminate;
(7) The
city shall be responsible for servicing and maintaining all storm water
facilities approved and accepted by the city; and
(8) The
city shall be responsible for providing major storm water facilities but may
require developer/owner to pay their proportionate share of the cost of such
facilities, as established by the city.
(Code 1967, § 31-16)
Secs. 12-106—12-114. Reserved.
ARTICLE VI. STORM WATER POLLUTION CONTROL
DIVISION 1. GENERAL PROVISIONS
Sec. 12-115. Purpose and policy.
(a) This article sets forth requirements for
the control of pollutants that are or may be discharged to the public storm
drain system. The purpose is to improve
the quality of storm water discharges and to enable the city to comply with all
applicable state and federal laws, including but not limited to, the Clean
Water Act (33 United States Code § 1251 et seq.), the National Pollutant
Discharge Elimination System Regulations (40 Code of Federal Regulations Part
122), and the Arizona Pollutant Discharge Elimination System Regulations
(Arizona Administrative Code, Title 18, Chapter 9, Article 9). The objectives of this article are:
(1) To reduce the discharge of pollutants from
our public storm sewer system into receiving waters, waterways, and
groundwater;
(2) To control the discharge to the public
storm drain system resulting from spills, dumping, or disposal of materials
other than storm water;
(3) To enable the city to comply with the
conditions of its National Pollutant Discharge Elimination System storm water
permit or Arizona Pollutant Discharge Elimination System storm water permit;
(4) To prevent discharges that could cause or
contribute to damage to the public storm drain system;
(5) To promote the proper management of
hazardous materials and other wastes to prevent their discharge into the public
storm drain system;
(6) To reduce pollutants in storm water to the
maximum extent practicable; and
(7) To protect the public health and the
environment.
(b) This article establishes discharge
prohibitions; authorizes the identification of controls to reduce the discharge
of pollutants that may be required; provides for necessary inspections,
monitoring, compliance, and enforcement activities; and establishes
administrative review procedures.
(Ord. No. 98.34,
Sec. 12-116. Administration.
Except as
otherwise provided herein, the public works director shall administer,
implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon
the public works director may be delegated by the public works director to
other city personnel, but remain the responsibility of the public works
director.
(Ord. No. 98.34,
Sec. 12-117. Abbreviations.
The following
abbreviations, when used in this article, shall have the designated meanings:
ADEQ - Arizona
Department of Environmental Quality
AZPDES -
CFR - Code of
Federal Regulations
EPA - United
States Environmental Protection Agency
NPDES -
National Pollutant Discharge Elimination System
(Ord. No. 98.34,
Sec. 12-118. Definitions.
Unless a
provision explicitly states otherwise, the following terms and phrases, as used
in this article, shall have the meanings hereinafter designated:
Alternative retention criteria area means the following areas:
(1) The area bounded by the north right-of-way
of the 202 freeway west of the Union Pacific Railroad and west of Mill Avenue
(north of Washington/Curry Road) and by the city limits on the north and west.
(2) On the south side of Tempe Town Lake, the
area bounded by the north right-of-way of Rio Salado Parkway, the south bank of
the Tempe Town Lake, the north prolongation of Hardy Drive, and the Karsten
Golf Course at ASU, and excluding Arizona State University-owned property. On the north side of
(3) The area bounded by the north right-of-way
of University Drive, the Union Pacific Railroad, the south right-of-way of Rio
Salado Parkway, the west right-of-way of College Avenue and wrapping around the
Tempe Butte on the north and east side of the old railroad spur, and the
property east of College Avenue known as the Arizona National Guard property.
Arizona Department of Environmental Quality,
or ADEQ, means the state agency charged with primary enforcement of the
federal Clean Water Act.
AZPDES storm water permit means an
Arizona pollutant discharge elimination system permit issued by the ADEQ which
authorizes the discharge of storm water pursuant to the Clean Water Act § 402.
City means the City of
Clean Water Act means the Federal Water
Pollution Control Act, as amended, 33
Director means
the public works director who is hereby charged with certain duties and
responsibilities by this article, or other city personnel designated by the public
works director to act on his/her behalf.
NPDES storm water permit means a National Pollutant Discharge Elimination System
permit issued by the EPA which authorizes the discharge of storm water pursuant to the Clean Water Act § 402.
Person means any individual, partnership,
co-partnership, firm, company, corporation, limited liability company,
association, joint stock company, trust, estate, governmental entity, or any
other legal; or their legal representatives, agents, or assigns. This definition includes all federal, state,
and local governmental entities.
Pollutant means
any solid, liquid, gaseous, or other substance that can alter the physical or
chemical properties of water including, but not limited to: fertilizers,
solvents, sludge, petroleum and petroleum products, solid waste, garbage,
biological materials, radioactive materials, sand, dirt, animal wastes, acids,
and bases.
Pollution means the presence of a pollutant(s) on
land or in storm water.
Premises means
any building, lot, parcel, real estate, or land or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Public storm drain system means all or any part of the storm drains, ditches, pipes,
graded areas, and gutters located within public easements, public
rights-of-way, public parks, streets, roads, highways, common areas, or
required onsite retention areas, or publicly owned real property that are used
for collecting, holding, or conveying storm water.
Release means
any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, placing, leaching, dumping, or disposing into or on any land in a
manner that can cause pollution.
Storm water means
any flow occurring during or following any form of natural precipitation and
resulting from such precipitation.
(Ord. No. 98.34,
Secs. 12-119 to
12-124. Reserved.
DIVISION 2. PROHIBITIONS AND CONTROLS TO REDUCE
THE
DISCHARGE OF POLLUTANTS IN STORM WATER
Sec.
12-125. Prohibitions of non-storm water
discharges to the public storm drain system;
exemptions.
(a) Unless expressly authorized or exempted by
this article, no person shall cause or allow the release to a public
right-of-way or public storm drain system of any substance that is not composed
entirely of storm water.
(b) Unless expressly authorized or exempted by
this article, no person shall use, store, spill, dump, or dispose of materials
in a manner that those materials could cause or contribute to the addition of
pollutants to storm water.
(c) The following discharges are exempt from
the prohibition set forth in subsections (a) and (b) of this section provided
they are not significant sources of pollutants to waters of the
(1) The prohibition on discharges shall not apply to any discharge
regulated under a NPDES OR AZPDES permit issued to the discharger under the
authority of the EPA OR ADEQ, respectively.
(2) The prohibition on discharges shall not apply to any discharge
that is eligible for coverage under a general NPDES or AZPDES permit issued
under the authority of EPA or ADEQ, respectively.
(3) Discharges caused by a person from any of the following
activities:
a. Water line flushing and other discharges
from drinking water sources;
b. Lawn watering;
c. Irrigation water;
d. Diverted stream flow;
e. Rising groundwater;
f. Uncontaminated groundwater infiltration;
g. Uncontaminated pumped groundwater;
h. Foundation and footing drains;
i. Water from crawl space pumps;
j. Air conditioning condensation and
evaporative cooler run-off;
k. Natural springs;
l. Individual residential car washing;
m. Flows from riparian habitats and wetlands,
as those areas are designated under applicable federal and state laws;
n. Dechlorinated swimming pool discharges;
o. Flows resulting from fire fighting
activities;
p. Dust control watering; or
q. Any other activity that is exempted under
the City's NPDES OR AZPDES storm water permit.
(d) No person shall discharge to a publicly
owned right-of-way or the public storm drain system any exempted discharge
under subsection (c) paragraph 2 of this section if the public works director
identifies and provides written notice to the person that the discharge has the
potential to be a source of pollutants to receiving waters, waterways, or
groundwater.
(e) No person shall discharge to the public
storm sewer system where such a discharge would result in or contribute to a
violation of the NPDES or AZPDES storm water permit issued to the city, either
separately considered or when combined with other discharges. Liability for any such discharge shall be the
responsibility of the person causing or responsible for the discharge.
(f) No person shall establish, use, maintain,
or continue any connection to the public storm sewer system which has caused or
will likely cause a violation of this section.
Any connection that was permitted or authorized by a governmental entity
with jurisdiction and authority, will be discontinued upon thirty (30) days
written notice by the public works director to: (a) the last known address of
the owner of the property and by posting on the property; or (b) the person
maintaining the connection. This prohibition is retroactive and shall apply to
any connection that was made in the past, regardless of whether it was made
under a permit or other authorization, or whether it was permissible under the
law or practices applicable or prevailing at the time of the connection.
(Ord. No. 98.34,
Sec. 12-126. Cleanup and notification requirements.
(a) As soon as any owner or operator has actual
or constructive knowledge of any release which may result in pollutants or
discharges that are not in compliance with this article entering the public storm drain system, such person
shall promptly take all necessary steps to ensure the discovery of the source
and extent and proceed with containment and cleanup of such release.
(b) In addition to the requirements contained
in subsection (a) of this section, such person shall notify the public works
director of the release in both of the following manners:
(1) By telephone within twenty-four (24) hours or by
(2) In writing within three (3) days of
receiving knowledge of the release.
(Ord. No. 98.34,
Sec. 12-127. Practicable best management practices.
(a) All persons owning or operating facilities
or engaged in activities which will or may reasonably be expected to result in
pollutants entering the public storm drain system or affecting the public storm
drain system, shall undertake all practicable best management practices
identified by the public works director to minimize such pollutants. Such measures shall include the requirements
imposed by all of the following:
(1) This chapter;
(2) Chapter 33, Article VI (Water Wasting); § 29-20 (discharge of
water from private premises); and § 19-50 (hauling waste fill or waste
excavation material); and
(3) Any written guidelines which may be developed or referenced for
general use by the public works director.
(b) All owners/developers of lots, plots, or
parcels of land in the alternative retention criteria area who do not provide
storage of sufficient volume to hold the total runoff from the two-year design
storm shall provide on-site pollution prevention best management practices
which will provide storm water pollutant removal or prevention equivalent to
that which would be achieved using on-site storage. Best management practice plans shall be
submitted to the public works director for approval prior to construction.
(c) If a practicable best management practice
is required by the public works director, the person receiving the notice of
such a requirement may petition the public works director to reconsider the
application of the practicable best management practice to the facility or the
activity. The written petition must be
received within ten (10) working days setting forth any reasons and proposed
alternatives. The public works director
will act within thirty (30) days on the request.
(Ord. No. 98.34,
Sec. 12-128. Construction sites.
(a) Any person performing construction shall
use all practicable best management practices identified by the public works
director to minimize pollutants and sediment from leaving the construction
site. This is in addition to what may be
required in § 19-50 (hauling waste fill or waste excavation material) of the
Tempe City Code. At a minimum, the
person shall do both of the following:
(1) Not cause or contribute to a violation of §
12-125; and
(2) Comply with any written guidelines which may be developed or
referenced for general use by the public works director.
(b) If a practicable best management practice
is required by the public works director, the person receiving the notice of
such a requirement may petition the public works director to
reconsider the application of the practicable best management practice to the
construction activity. The written petition must be received within ten (10)
working days setting forth any reasons or proposed alternatives. The public works director will act within
thirty (30) days on the request.
(Ord. No. 98.34,
Secs. 12-129 to
12-134. Reserved.
DIVISION
3. COMPLIANCE MONITORING
Sec. 12-135. Inspection and sampling; right of entry.
(a) Upon presentation of credentials and at all
reasonable or necessary hours, all authorized employees of the city shall have
access to all premises and to all records pertaining to those premises for
purposes of ensuring compliance with this article. Inspection, interviewing, copying, sampling,
photographing, and other activities conducted on the premises shall be limited
to those which are reasonably needed by the city in determining compliance with
the requirements of this article. All persons shall allow such activities under
safe and nonhazardous conditions with a minimum of delay.
(b) In addition to those activities described
in subsection (a) of this section, authorized city employees shall engage in
monitoring necessary to ensure compliance with this article. The public works director may establish on
premises such devices as the public works director reasonably determines are
necessary to conduct sampling or metering operations. Such devices shall be installed so as to
minimize the impact on the owner and occupant of the premises. During all inspections as provided in
subsection (a) of this section, authorized city employees may take any samples
necessary to aid in the pursuit of the inquiry or in the recordation of the
activities on the premises.
(c) The public works director may order any
person engaged in any activity or owning or operating on any premises which may
cause or contribute to discharges of pollutants to the public storm drain
system in violation of this article to undertake such monitoring activities and
analyses and furnish such reports as the public works director reasonably may
specify. The costs of such activities,
analyses, and reports shall be borne by the recipient of the order.
(d) If the public works director has been
refused access to any premises, and is able to demonstrate probable cause to
believe that there may be a violation of this article, or that there is a need
to inspect, interview, copy, photograph or sample as part of an inspection and
sampling procedure of the city designed to determine compliance with the
requirements of this article or any related laws or regulations, or to protect
the environment and the public health, safety and welfare of the community,
then the public works director may seek issuance of a search warrant from the
municipal court of the city. The public
works director may, in addition, obtain an "inspection warrant"
pursuant to chapter 34 of this code.
(Ord. No. 98.34,
Secs.
12-136—12-144. Reserved.
DIVISION
4. ENFORCEMENT
Sec. 12-145. Purpose.
The purpose of
this division is to ensure compliance with practicable best management
practices required by the public works director, to cease/discontinue pollutant
discharges, to provide for civil penalty actions in municipal court, or to
institute actions through the city attorney in the appropriate court for civil
or criminal enforcement of this article.
(Ord. No. 98.34, 08-13-98; Ord. No. 2001.17, 7-26-01; Ord.
No. 2010.02, 2-4-10)
Sec. 12-146. Notice of violation.
When the public
works director finds that any person has violated, or continues to violate, any
provision of this article, or any related laws or regulations, the public works
director may serve upon that person a written notice of violation. The person, within ten (10) working days of
the receipt of this notice, must provide in writing to the public works
director an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific actions to be taken by
the person in violation to prevent subsequent violations. Submission of this plan in no way relieves
the person of liability for any violations in the notice or that occurred
before or after receipt of the notice of violation nor limits the public works
director's authority to take further enforcement actions. Nothing in this section shall limit the
authority of the public works director to take any action, including emergency
actions or any other enforcement action, without first issuing a notice of violation. In appropriate situations the public works
director may notify the person orally either in person or by telephone prior
to, and in some cases in lieu of, written notification.
(Ord. No. 98.34, 08-13-98; Ord. No. 2001.17, 7-26-01; Ord.
No. 2010.02, 2-4-10)
Sec. 12-147. Consent orders; best management practice.
The city may
enter into consent orders, assurances of voluntary compliance, negotiated
settlement agreements or other similar documents establishing an agreement with
any person responsible for noncompliance.
Such documents will include specific action to be taken by the person to
correct the noncompliance within a time period specified by the document,
including an identification and description of the best management practices
and measures to utilize in implementing the order. Such documents shall have the same force and
effect as any other orders issued under this article and shall be judicially
enforceable.
(Ord. No. 98.34,
Sec. 12-148. Cease and desist orders.
(a) When the public works director finds that a
person has violated, or continues to violate, any provision of this article or
any related laws or regulations, or that the person's past violations are
likely to recur, the public works director may issue an order to the person
directing them to cease and desist all such violations and direct the person
to:
(1) Immediately comply with all requirements;
and
(2) Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation.
(b) Issuance of a cease and desist order shall
not be a bar against, or a prerequisite for, taking any other action against
the person. A person's failure to comply
with an order of the public works director issued pursuant to this division
shall constitute a violation of this article.
(Ord. No. 98.34,
Sec. 12-149. Civil penalties.
(a) In addition to any other enforcement
authority contained in this article, the city may issue a civil citation to any
person who has violated, or continues to violate, any provision of this article
or any related laws or regulations. The
form of the citation shall be established by the city attorney.
(b) If the defendant fails to appear as
directed on the citation, the court upon request of the city, shall enter a
default judgment for the amount of the fine indicated for the violation
charged, together with a default penalty not to exceed fifty dollars ($50).
(c) The civil penalty for violating this
article shall be an amount not to exceed three hundred dollars ($300).
(d) All civil hearings under this article before
the Tempe Municipal Court shall be informal and without a jury, except that
testimony shall be given under oath or affirmation. The Rules of Evidence do not apply, except
for any rules or statutes relating to privileged communications. If the allegation in the citation is denied,
the city is required to prove the violation by a preponderance of the
evidence. The court is authorized to
make such orders as may be necessary or appropriate to fairly and efficiently
decide the case at hand. An appeal from
the judgment of the court may be taken in the same manner as civil traffic
appeals.
(Ord. No. 98.34,
Sec. 12-150. Injunctive relief.
When the public
works director finds that a person has violated, or continues to violate, any
provision of this article or any related laws or regulations, or that the
person's past violations are likely to recur, the city may petition the
Superior Court of Arizona, Maricopa County, through the city attorney for the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of any order or other requirement
imposed by this article on activities of the person. The city may also seek such other action as
is appropriate for legal or equitable relief.
(Ord. No. 98.34,
Sec. 12-151. Criminal prosecution.
A person who
willfully or negligently violates any provision of this article, or any related
laws or regulations shall, upon conviction, be guilty of a class one
misdemeanor, punishable by a fine of not more than two thousand five hundred
dollars ($2,500) per violation, per day, or imprisonment for not more than six
(6) months, or both.
(Ord. No. 98.34, 08-13-98)
Sec. 12-152. Remedies non-exclusive.
The remedies
provided for in this article are not exclusive.
Each day's noncompliance constitutes a new violation. The city may take any, all or any combination
of these actions against a noncompliant person.
(Ord. No. 98.34,
[1] Cross references—Buildings and building regulations, Ch. 8;
Planning and development, Ch. 25.
State law reference—Authority to
provide for floodplain regulations, A.R.S. §§ 45-2349, 45-2350.
[2] Editors note—Ord. No. 87.25, adopted