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Tolleson City Zoning Code

ARTICLE 12

3: - FLOODPLAIN MANAGEMENT

§ 12-3-1 - CITY ENGINEER APPOINTED FLOODPLAIN MANAGER.

The City Engineer is appointed/designated as the Floodplain Manager for the city and will serve as the community point of contact on National Flood Insurance Program issues for county, state and federal officials.

(Ord. 430, N.S., passed 8-9-2005)

§ 12-3-2 - ADOPTED BY REFERENCE.

Those certain documents designated "Flood Insurance Study for Maricopa County, Arizona and Incorporated Areas dated October 16, 2013" (the "FIS"), "Flood Insurance Rate Maps dated October 16, 2013" (the "FIRM") and "Floodplain Regulations for Maricopa County (2014 Revision)" (the "Floodplain Regulations"), copies of which are on file in the Office of the City Clerk, which documents were made public records by Resolution No. 2136 of the City of Tolleson, Arizona are hereby adopted by reference, as the legal basis for implementing floodplain management in the city and establishing the special flood hazard areas in the city. The special flood hazard areas documented in the Flood Insurance Study and Flood Insurance Rate Maps are the minimum area of applicability of the floodplain management regulations and may be supplemented by studies for other areas as allowed in the regulations.

(Ord. 430, N.S., passed 8-9-2005; Am. Res. 2140, passed 7-23-2013; Am. Res. 2265, § 2, passed 8-25-2015)

§ 12-3-3 - LEGAL BASIS.

That public record in the Floodplain Management Regulations for Maricopa County (2000 Revision), three copies of which shall be kept on file in the office of the City Clerk, is hereby adopted as the legal basis for implementing floodplain management in this community.

(Ord. 430, N.S., passed 8-9-2005)

§ 12-3-4 - SEVERABILITY.

If any portion of this article is determined by a court of competent jurisdiction to be invalid, all remaining portions of this article shall remain in full force and effect.

(Ord. 430, N.S., passed 8-9-2005)

§ 12-3-5 - VIOLATION; PENALTY.

(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 § 48-3613. Where the watercourse is a delineated floodplain, it is unlawful to engage in any development affecting the flow of waters without securing written authorization required by A.R.S. § 48-3613. A person who violates this section is guilty of a class 2 misdemeanor.

(B)

Any person found guilty of violating any provision of the Floodplain Management Regulations of the Flood Control District of Maricopa County adopted herein shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not to exceed $2,500 or by imprisonment for a period not to exceed six months, or by both a fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described.

(Ord. 430, N.S., passed 8-9-2005; Am. Ord. 431, N.S., passed 9-13-2005)