HomeMy WebLinkAbout2000-00
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2000060847 BK 3617 foG 695
When recorded, Feturn tn' . . l~J,;:'=~.:~l\. OFFICIAL RECORDS OF MOHAVE COUNTY
Clerk oflhe Mohave Counly Flood Control Drslnc! j~;::~:;:,~~: JOAN Me CALL, MOHAVE COUNTY RECORDER
11/07/2000 03:43P PAGE 1 OF 3
P: O. Box 7000 \s"f.o":-"fj MOHAVE COUNTY BOARD OF SUPERVISORS
Kingman, Anzona 86402-7000 ....:!;~';::.~ ::-'.~,~~'\ . RECORDING FEE 0.00
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RESOLUTION 2000-05
A RESOLUTION OF THE MOHA VE COUNTY FLOOD CONTRO:" DISTRICT, A POLITICAL SUBDIVISION
OF THE STATE OF ARIZONA, (the "District") ADOPTING THE MOHA VE COUNTY FLOOD CONTROL
ORDlNANCE-2000 (the "Ordinance") IN ACCORDANCE WITH ARIZONA REVISED STATUTES TITLE
("Ttl.") 48, CHAPTER ("Ch.") 21, ARTICLE ("Art.") 1, SECTIONS ("99") 48-3603(0) AND 48-3609.
WHEREAS, in AR.S: Ttl. 48, Ch. 21, Art. 1, SS 48-3603(D) and 48-3609, the State of Arizona has authorized
and directed the District Board to, amongst other things, adopt Flood Control Regulations; and
WHEREAS, THE District has, in the past, adopted and has in place a District Flood Control Ordinance; and
WHEREAS, the Federal Emergency Management Agency ("FEMA") has directed the District to amend its
Ordinance as a part of continuing participation in FEMA's Flood Control Insurance Program; and
WHEREAS, the District Floodplain Manager, Floodplain Administrator, and District Engineer, together with legal
counsel, have presented and requested adoption of amended Regulations in the form of the Ordinance; and
WHEREAS, FEMA has reviewed, approved, and urges immediate adoption of the Ordinance; and
WHEREAS, the Board has revised, considered, and discussed the Ordinance as proposed, and therewith has
conducted a public hearing with regards thereto; and
WHEREAS, FEMA has directed the Ordinance should be duly adopted and in force and effect by or before
December 1, 2000 for the unincorporated areas of Mohave County to avoid suspension from the FEMA Flood
Insurance Program; and
WHEREAS, a Countywide or suspension of the unincorporated areas from the FEMA Flood Insurance
Program, and such Insurance Program is a matter of providing for the public health, safety, and welfare of the
District's citizens, including particularly those having property within FEMA designated Flood Zones who
currently or will be participating in the Flood Insurance Program,
NOW, THEREFORE, BE IT RESOLVED that Mohave County Flood Control Ordinance-2000 is herein
otherwise the Ordinance is hereby adopted and shall hereafter be the District Ordinance in place of and lieu
. of prior Flood Control Ordinances and Regulations, from this date forward, to be applied prospectively; and.
BE IT FURTHER RESOLVED that as a matter of providing for the health, safety, and welfare of those having
PAGE 2 OF 3
BK 3617 PG 696 FEEt2000060247
Resolution 2000-05
Paqe 2 of 3
property within FEMA designated Flood Zones who currently or will be participating in the Flood Insurance
Program, the Ordinance is adopted on an emergency basis and shall become effective immediately on the
day this Resolution is adopted and passed by the Board; and
BE IT FURTHER RESOLVED that the Board Chairman and Clerk are authorized to sign this Resolution and
the Ordinance; and
BE IT FURTHER RESOLVED that the Clerk of the Board shall have this Resolution and the Ordinance
recorded in the official records of the Mohave County Recorder's Office.
PASSED, APPROVED, AND ADOPTED this ~ day of N I"l\ ( , 2000.
L DISTRICT BOARD
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3 OF 3
BK
3617 PG 697 FEE~2000060347
Resolution 2000-05
Paqe 3 of 3
STATE OF ARIZONA)
)55.
County Of Mohave)
The foregoing instrument was acknowledged before me this l.; day of
N 1'1 l) C VV\ 1:1 ~ t1' I ,-
2000. by Buster D. Johnson, Chairman of the Board of the Mohave County Flood Control District. a political
subdivision of the State of Arizona, an behalf of the District.
0,-< L c.,.. ~L<,~..-=
. Notary Public
My Commission Expires:
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5T A TE OF ARIZONA)
)55.
County Of Mohave )
The foregoing instrument was acknowledged before me this (s;~ day of '-^r\Q~~,
2000. by Pat Chastain, Clerk of the Board of the Mohave County Flood Control District, a political subdivision
of the State of Arizona, on behalf of the District.
~~~
Notary Public
My Commission Expires:
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When recordedl rdurn to: 2000060848 e.K 3617 PG 698
Clerk of the Board of the Mohave County Flood Control District OFFICIAL RECORDS OF MOHAVE COUNTY
JOAN Me CALL, MOHAVE COUNTY RECORDER
Post Office Box 7000 11/07/2000 03:43P PAGE 1 OF 45
Kingman, Arizona 86402.7000 ~~~ MOHAVE COUNTY BOARD OF SUPERVISORS
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MOHA VE COUNTY FLOOD CONTROL ORDINANCE-200D
FOR
.
MOHAVE COUNTY FLOOD CONTROL DISTRICT,
A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA
MOHA VE COUNTY FLOOD CONTROL DISTRICT
3675 East Andy Devine, Suite C
Post Office Box 7000
Kingman, Arizona 86402-7000
(520) 757-0910
(520) 757-0912 (FAX)
[Effective November 6, 2000]
F'AGE 2
OF 45
BK 3617 PG 699
FEE~2000060848
MOHAVE COUNTY FLOOD CONTROL ORDlNANCE.2000
T ABLE OF CONTENTS
PAGE
1.0 STATUTORY AUTHORIZATION AND EFFECTIVE DATE. BASIS.
PURPOSE AND METHODS. 1
1.1 Statutory Authorization. 1
1.2 History and Effective Date. 1
1.3 Bases For This Ordinance. 2
1.4 Statement of Purpose. 3'
1.5 Methods of Reducing Flood Losses. 4
1.6 Reduction of Flood Insurance Premiums. 4
.
2.0 DEFINITIONS. 5
3.0 GENERAL PROVISIONS. 18
3.1 Lands to Which This Ordinance Applies. 18
3.2 Basis for Establishing the Areas of Special Flood Hazard.
18
3.3 Compliance. 18
3.3.1 Prohibited and Unla\'1ful Acts.
18
3.3.2 Remedvlies) Reqardinq Unlawful Acts.
19
3.4 Abrogation and Application of Greater Restrictions. 19
3.5 Interpretation. 19
3.6 Warning and Disclaimer Liability. 19
3.7 Statutory Exemptions. 20
3.8 Declaration of Public Nuisance, 22
3.9 Violations, Corrections, and Abatements. 22
3.9.1 Owner's Correction of Violations.
22
3.9.2 Notice of Violation.
22
3.9.7 Prosecution. 23
3.10 Severability. 23
1
F'AGE :3
OF 4-5
BK 3617 PG 700 FEE~2000060848
4.0 ADMINISTRATION. 23
4.1 Establishment of FUP. 23
4.1.1 Information and Certification.
24
4.1.2 Issuance of an FUP.
25
4.1.3 FUP and Fee. 25
4.1.4 Issuance of a PFI.
25
4.2 Designation of the Floodplain Administrator.
25
4.3 Duties and Responsibilities of the Floodplain Administrator. 25
4.3.2 Use of Other Base Flood Data.
26
5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION. 27
5.1 Standards of Construction. 27
5.1.1 Anchoring, 28
5.1.2 Construction Materials and Methods.
28
5.1.3 Elevation and Floodproofing.
28
5.1.4 Setbacks, 30
5.2 Standards for Storage of Materials and Equipment. 30
5.3 Standards for Utilities. 30
5.4 Standards for Subdivisions. 30
5.5 Standards for Manufactured Homes. 31
5.6 Standards for Recreational Vehicles. 32
5.7 Floodways. 32
5.8 Flood Related Erosion Prone Area. 32
6.0 VARIANCE PROCEDURE. 33
6.1 Nature and Criteria for Variances. 33
6.2 Appeal Board. 34
6.3 Conditions for Variances. 36
6.4 Variance Fees. 37
11
PAGE 4 OF 45
BK 3617 PG 701 FEE~200J)060848
7.0 REQUIREMENTS FOR AREAS IN THE VICINITY OF COLORADO RIVER. 37
7.1 Basis for Establishing the Areas of Special Flood Hazard.
37
7.2 Colorado River Floodway Fringe. 37
7.3 Flood Related Erosion Prone Areas of the Colorado River
Floodway Fringe Area. 37
7.4 Colorado River Floodway. 38
.
111
F'AGE 5 OF 45
BK 3617 F'G 702 FEG20000603o\.3
MOHAVE COUNTY FLOOD CONTROL ORDINANCE.2000
1.0 STATUTORY AUTHORIZATION, HISTORY AND EFFECTIVE DATE, BASIS, PURPOSE AND
METHODS.
1.1 STATUTORY AUTHORIZATION. The legislature of the State of Arizona has, in Arizona
Revised Statutes CA.R.S.") Title CTt!.") 48, Chapter ("eh.") 21, Section C'S") 48-3601, et seq., (the
"Statute"), delegated the responsibility to organize a county flood control district. Therefore, Mohave
County, a body politic and corporate of the State of Arizona, CMohave County" or the "County"},
through its Board of Supervisors (the "80S"), under BOS Resolution Number 1814 dated August 15,
1983, formally established the Mohave County Flood Control District, a political subdivision of the
State of Arizona (the "District") pursuant to Statute.
Furthermore, the State of Arizona, through the Statute, has direeled each flood control distriel,
including this District, to govern its area of jurisdiction, and has conferred upon it, the powers and
duties to, amongst other things, adopt and enforce regulations in keeping with the purposes of the
Statute. The powers, duties, and immunities conferred have with them, the apparent intent to promote
the public health, safety, and general welfare of the District's property owners, its citizenry, and other
Persons.
1.2 HISTORY AND EFFECTIVE DATE. Since its formation, the District, and BOS prior thereto,
adopted Flood Control Regulations and/or Ordinances including the following: by BOS Resolution
1258 dated January 30, 1978, recorded in the official records of the Mohave County Recorder on
January 31, 1978 at Fee No. 78-2380, Book 440, Pages 549-560; Amended Floodplain Regulation
dated May 17, 1982, recorded in the official records of the Mohave County Recorder May 26,1982
at Fee No. 82-15940, Book 824, Pages 897-930 and adopted by the BOS/Floodplain Board
Resolution No. 82-1, recorded in the official records of the Mohave County Recorder on May 26, 1982
at Fee No. 82-25939, Book 824, Pages 895-896; and thereafter adding authorization for Variance fees
by Floodplain Board Resolution No. 83-5 adopted February 7, 1983, recorded in the official records
of the Mohave County Recorder on February 9, 1983 at Fee No. 83-4815 Book 1075, Pages 113-114;
thereafter the BOS/Floodplain Board adopting a Floodplain Ordinance by official action evidenced by
Resolution No. 84-10 of July 16, 1984, recorded in the official records of the Mohave County Recorder
on July 17, 1984 at Fee No. 84-26768, Book 1032, Pages 996-997 with final adoption of the
Ordinance being on December 3, 1984, and recorded in the official records of the Mohave County
Recorder on December 5, 1984 at Fee No. 84-44346, Book 1075, Pages 77-114; thereafter
Amendments to the Ordinance being adopted May 18, 1987 by Floodplain Board Resolution No. 87-3,
recorded in the official records of the Mohave County Recorder on May 22, 1987 at Fee No. 87 ~20937,
Book 1321, Pages 623-634; thereafter the Ordinance being amended by Floodplain Board action
Page 1 of 40
F'AGE 6 OF 45
8K 3.!l17 F'G 703 FEE*2000060848
When recorded, return to:
Clerk of the Board of the Mohave County Flood Control District
Post Office Box 7000
Kingman, Arizona 86402~7000
MOHAVE COUNTY FLOOD CONTROL ORDINANCE-2000
1.0 STATUTORY AUTHORIZATION, HISTORY AND EFFECTIVE DATE. BASIS, PURPOSE AND
METHODS.
1.1 STATUTORY AUTHORIZATION. The legislature of the State of Arizona has, in Arizona
Revised Statutes CA.R.S.") Title ("Tt!.") 48, Chapter ("Ch.") 21, Section nn 48-3601, et.seq., (the
"Statute"), delegated the responsibility to organize a county flood control district. Therefore, Mohave
County, a body politic and corporate of the State of Arizona, ("Mohave County" or the "County"),
through its Board of Supervisors (the "80S"), under BOS Resolution Number 1814 dated August 15,
1983, formally established the Mohave County Flood Control District, a political subdivision of the
State of Arizona (the "District") pursuant to Statute.
Furthermore, the State of Arizona, through the Statute, has directed each flood control district,
including this District, to govern its area of jurisdiction, and has conferred upon it, the powers and
duties to, amongst other things, adopt and enforce regulations in keeping with the purposes of the
Statute. The powers, duties, and immunities conferred have with them, the apparent intent to promote
the public health, safety, and general welfare of the District's property owners, its citizenry, and other
Persons.
1.2 HISTORY AND EFFECTIVE DATE. Since its formation, the District, and 80S prior thereto,
adopted Flood Control Regulations and/or Ordinances including the following: by 80S Resolution
1258 dated January 30, 1978, recorded in the official records of the Mohave County Recorder on
January 31, 1978 at Fee No. 78~2380, Book 440, Pages 549-560; Amended Floodplain Regulation
dated May 17, 1982, recorded in the official records of the Mohave County Recorder May 26, 1982
at Fee No. 82~ 15940, Book 824, Pages 897-930 and adopted by the 80S/Floodplain Board
Resolution No. 82-1, recorded in the official records of the Mohave County Recorder on May 26, 1982
at Fee No. 82~25939, Book 824, Pages 895-896; and thereafter adding authorization for Variance fees
by Floodplain Board Resolution No. 83-5 adopted February 7, 1983, recorded in the official records
of the Mohave County Recorder on February 9,1983 at Fee No. 83-4815 Book 1075, Pages 113-114;
thereafter the BOS/Floodplain Board adopting a Floodplain Ordinance by official action evidenced by
Resolution No. 84~ 10 of July 16, 1984, recorded in the official records of the Mohave County Recorder
on July 17, 1984 at Fee No. 84-26768, 800k 1032, Pages 996-997 v;ith final adoption of the
Ordinance being on December 3, 1984, and recorded in the official records of the Mohave County
Recorder on December 5, 1984 at Fee No. 84-44346, Book 1075, Pages 77-114; thereafter
Amendments to the Ordinance being adopted May 18, 1987 by Floodplain Board Resolution No. 87 ~3,
recorded in the official records of the Mohave County Recorder on May 22, 1987 at Fee No. 87~20937,
Book 1321, Pages 623~634; thereafter the Ordinance being amended by Floodplain Board action
Page 1 of 40
PAGE 7 OF 45
BK 3617 PG 704- FEE*2000060243
January 18, 1988 evidenced by Resolution No. 88-2, recorded February 3, 1988 in the official recorqs
of the Mohave County Recorder at Fee No. 88-4249, Book 1396, Pages 853-858 and re-recorded to
include Exhibit "A" on March 8, 1988 at Fee No. 88-8937, Book 1406, Pages 17-28; and thereafter
being amended by Floodplain Board Resolution 88-3, dated October 3, 1988, recorded October 25,
1988 in the official records of the Mohave County Recorder at Fee No. 88-44890, Book 1479, Pages
679-680; and thereafter being modified by Floodplain Board Resolution No. 88,81, dated October 3,
1988, recorded October 25, 1988 at Fee No. 88-44891, Book 1479, Page 681; and thereafter the .,
Ordinance being amended by Floodplain Board Resolution 93-2 dated May 3, 1993.
This Ordinance, known as "Mohave County Flood Control Ordinance-2000", is for prospective use
in lieu or in place of all prior regulations and ordinances. This Ordinance shall be effective from the
date of final adoption unless expressly stated otherwise in the written Floodplain Board Re.solution of
Adoption, To satisfy the requirements or rights of adopting Flood Control Regulations, the Floodplain
Board of Directors of the District does hereby adopt and ordain this Ordinance as set forth hereinafter:
1.3 BASES FOR THIS ORDINANCE. The bases forthe District adopting this Ordinance include,
without necessary limitation, the following:
1.3.1 The County has geographical areas subject to periodic inundation and/or Flooding
that may, if uncorrected or unmitigated, result in damage to Persons and/or property, loss of
life and/or property, impaired health and safety, detrimental hazards, disruption of commerce,
governmental services, and other essential services, extraordinary public expenditures for
Flood Protection and relief, and impairment of the tax base, all of which are adverse to the
public health, safety, and general welfare of the County, District, their property owners,
citizenry, or other Persons.
1.3.2 Adverse Impact and damage can be caused by the individual or cumulative effects
of the occurrence of Flood Hazard in Areas of Special Flood Hazard that increase Flood
heights and velocities, and/or by Structures, which, when inadequately anchored, may and
in probability vlill cause damage(s) or loss(es) in such Special Flood Hazard Area(s) ("SFHA")
or other area(s). Structures and other appurtenances inadequately constructed to contend
with and avoid or minimize Flooding including, without limitation, being inadequately
Floodproofed, elevated, or otherwise protected from Flood Damage also contribute to the
damage(s) and loss(es).
1.3.3 In addition, there are the need and desire for the citizens and other Persons owning
real property with appurtenances including Structures located within currently designated
Areas of Special Flood Hazard as herein otherwise defined and as hereafter may be
designated, as located on the current Flood Hazard Maps including, without limitation, the
Flood Hazard Boundary Map CFHBM") as hereafter defined, the Flood Boundary and
Floodway Map ("FBFM") as hereafter defined, the Flood Insurance Rate Map ("FIRM") as
hereinafter defined, and other Maps that may hereafter become applicable, to denote or
identify Areas of Special Flood Hazard, and to be able to obtain insurance to cover Floodplain
Page 2 of 40
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BK 3617 F'G 705 FEE=::20
000608-t8
Damage from periodic inundation or Flooding loss(es) that may occur therein.
1.3.4 FEMA, through its Floodplain Insurance Administration and FIA has required the
District to amend its Flood Control Ordinance, which this Ordinance, when adopted, is
intended to satisfy FEMA's requirement(s).
1.4 ST A TEMENT OF PURPOSE. It is the purpose of this Ordinance to comply with State ...
requirements including A.R.S. Ttl. 48, Ch. 26, Article ("Art.") 1, 9948-3603(0) and 48-3609,
and the requirements of the Federal Emergency Management Agency ("FEMA") including
National Flood Insurance Program ("NFIP") regulations, as pr~sently adopted and as
hereafter may be adopted.
1.4.1 This Ordinance is intended to promote the public health, safety, and general
welfare in relation to periodic inundations, particularly as to any Area of Special Flood Hazard
as defined in Section 2.0 hereinafter, and minimize public and private losses due to Flood
conditions in specific areas by provisions of this Ordinance, which when fully complied with
are designed to:
1.4.1.1 Protect human life and health.
1.4.1.2 Minimize expenditure of public money for Flood Control projects.
1.4.1.3 Minimize the need for rescue and relief efforts associated with Flooding
and generally undertaken at the expense of the general public.
1.4.1.4 Minimize prolonged business interruptions.
1.4.1.5 Minimize Flood Damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges located in
Areas of Special Flood Hazard.
1.4.1.6 Help maintain a stable tax base by providing for the alternate use and
development of Areas of Special Flood Hazard so as to minimize future Flood
Damage and Flood Blight Areas.
1.4.1.7 Provide that potential buyers, occupants, and others with interests in
properties within designated Floodplains or Flood Prone Areas are notified the
properties are in Areas of Special Flood Hazard.
1.4.1.8 Provide that those who occupy the Areas of Special Flood Hazard
assume responsibility for their actions, including those regarding Development,
including, without limitation, New Construction, Subsequent Improvements, and
Substantial Improvements.
Page 3 of 40
PAGE 9 OF
45
BK 3617 PG 706
FEE~2000060848
1.4.1.9 Maintain eligibility for State disaster relief.
1.4.2 Neither this Ordinance nor any other legislative action or adoption by the District
or the Floodplain Board shall be construed as superseding FEMA, NFIP, or State of Arizona
regulations, or any other Laws, nor shall this Ordinance be construed as being less restrictive
than FEMA, NFIP, or State of Arizona regulations.
...
1.5 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish the purposes, this
Ordinance includes methods and provisions for the following:
1.5.1 Restricting or prohibiting uses which are dangerous to Persons' health, safety,
welfare, and property due to Flooding, Flood Damage, Flood Hazard or Erosion damage or
use that may cause increases in Flooding, Flood Damage, Flood Hazard, or Erosion.
1.5.2 Requiring that uses vulnerable to Floods, including property(ies) and
appurtenances and/or facilities thereupon which serve such uses be protected against Flood
Damage at the time of initial Development and/or construction.
1.5.3 Controlling or d!iecting the alteration of natural Floodplains, Watercourses, and
person-made or natural protective barriers that help accommodate or channel Flood waters.
1.5.4 Controlling or directing Development of real property and any appurtenance
thereupon or alteration that, in a manner, is to decrease and/or minimize Flooding and/or
Flood Damage.
1.5.5 Preventing or regulating the construction of Structures that will divert Flood waters
or which may increase Flood Hazards or the propensity to Flood Damage.
1.5.6 Increasing the awareness of the Community citizenry and other Persons about
Flood Hazards and SFHAs by providing services to the Community in the form of Property
Floodplain Information.
1.6 REDUCTION OF FLOOD INSURANCE PREMIUMS. It is the intent of this Ordinance to
encourage or require the implementation of methods designed to reduce, minimize, or eliminate Flood
Hazards and thereby, as possible, reduce Flooding, Adverse Impact, Flood Damage, and thus reduce
Flood insurance premiums.
1.6.1 Compliance to the provisions of this Ordinance makes available a federally
subsidized Flood insurance to Developments in "SFHA".1
lThis is a federal subsidization, which by a change in legislation, could be decreased or removed.
Nonetheless, compliance with Ordinance terms and conditions should benefit property owners, occupants and
other Persons within SFHA's.
Page 4 of 40
PAGE 10 OF 45
e,K 3617 PG 707 FEH2000060848
1.6.2 Compliance with this Ordinance provides participation in Community Rating System
("CRS") administered by FEMA, which reduces Flood insurance premiums by five percent
(5%) when upgrading from a starting category of ten (10) to nine (9) and decreasing by
another five percent (5%) for every category upgrade.2
2.0 DEFINITIONS. Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common usage, and to give this Ordinance its most
reasonable application. Words shall be interpreted to maintain the integrity and enforceability of this
Ordinance.
Accessory Use: a use that is incidental and subordinate to the principal use in, on, or of the parcel of land
in or on which the incidental and subordinate use is located.
Administrative Procedures: procedures based on FEMA policies for administering Floodplain Management
Regulations.
-
Administrator: See Federal Insurance Administrator ("FIA').
Adverse Impact: cumulative effect of a proposed or existing Development, when combined with all other
existing and anticipated Developments, will increase Water Surface Elevation of the Base Flood more than
one foot (1') at any point or which will create other conditions that result in Flooding and Flood Damage.
Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar land form that originates
at the Apex and is characterized by high velocity flows, active processes of Erosion, sediment transport and
deposition, Channel Migration, and unpredictable flow paths.
Apex: a point on an aliuvial fan or similar land form below which the flow path of the major stream that formed
the fan becomes unpredictable and Alluvial Fan Flooding can occur.
Appeal: a request for a review of the Floodplain Administrator's interpretation or determination of any
provision of this Ordinance or a request for a Variance, or a request for a review of an order of the Floodplain
Administrator for abatement or correction.
Appeal Board: Members of the Floodplain Board hearing matters of Appeal.
Area of Shallow Flooding: a designated AD, AH, APJAO, APJAH, or VO Zone on a Community's FIRM with
a one percent (1 %) or greater annual chance of Flooding to an average depth of one (1) to three (3) feet where
a clearly defined Watercourse channel does not exist, where the path of Flooding is unpredictable, and where
velocity flow may be evident. Such Flooding is characterized by ponding or sheet flow.
2These computations are based on current legislation, and are subject to change insofar as there is
a change in the legislation.
Page 5 of 40
F'AGE 11 OF 45
BK 3617 PG 708 FEE:::2000060848
Area of Special Flood Hazard: land in the Floodplain or Flood Prone Area within the Community subject ,to
a one percent (1 %) or greater chance of Flooding in any given year. This area is designated as Zone A, AO,
AH, A 1-30, AE, A99, or AH on the FIRM, FHBM, or FBFM and other areas determined by the criteria adopted
by the Director of ADEM. [Also Special Flood Hazard Area ("SFHA")]
Arizona Division of Emergency Management (or ADEM): the State of Arizona agency responsible for
administering the Community Assistance Program for FEMA.
Backfill: placement of fill material within a specified depression, hole or excavation pit below the surrounding
adjacent ground level as a means of improving Flood water conveyance or to restore the land to the natural
contours existing prior to excavation.
Base Flood: the Flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Base Flood Elevation: elevation or level of water in a Watercourse during a One Hundred (100) Year Flood.
Basement: any area of a Structure having its floor subgrade (below ground level) on all sides.
Breakaway Wall: 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 or supporting foundation system.
Channel Migration: lateral movement of a Watercourse channel.
Chief Executive Officer ("CEO"): County Manager charged with the authority to implement and administer
applicable statutes, rules, codes, laws, ordinances, regulations, policies, and restrictions (collectively referred
to as "Laws") for the County and other political subdivisions including this District for v/hich the BOS sits and
acts as its Board, or other Person designated by the Floodplain Board or CEO.
Colorado River Floodway Fringe: that Area of Special Flood Hazard subject to inundation by Floods or
Floodings in the Colorado River of varying magnitudes, up to and including the Floodway flow, but which is
not required for the safe conveyance of the Floodway flow and is not included in the computation of the
Colorado River Floodway elevation.
Colorado River Floodplain: combined area of the Colorado River Floodway and the Colorado River
Floodway Fringe.
Community: any State, area, or political subdivision thereof or any Indian tribe or authorized tribal
organization, or authorized native organization that has authority to adopt and enforce Floodplain Management
Regulations for the areas within its jurisdiction, including Mohave County, Arizona.
Community Rating System ("CRS"): rating system designed to evaluate and as applicable lower Flood
insurance rates upon the FIA determining there are improved Floodplain systems andlor Flood Control
Page 6 of 40
. .. -- --
BK 3617 F'G 709 FEE~2000060848
Management practices so as to exceed the NFIP; upon submission to the ISO and FEMA and determinati~n
of a better rating so that the lowering of Flood insurance rates may occur.
Cost of Compliance Coverage: the rates set by FEMA for required insurance coverage, determined by a
variety of factors including, without necessary limitation, the Zone designation(s), repetitive loss(es), Lowest
Floor Elevation of a Structure and Floodproofing (as to nonresidential structures).
Critical Feature: an integral and readily identifiable part of a Flood Protection System without which or without
the proper functioning of which the Flood Protection provided by the entire system would be compromised.
Curvilinear Line: the border on either an FHBM, FBFM, or FIRM that delineates the special Flood, Mudslide
(i.e., Mudflow) and/or Flood Related Erosion Hazard areas and consists of a curved or contour line t~at follows
the topography.
Development (or New Development): any person-made change to improved or unimproved real estate,
including but not limited to buildings whether constructed or placed or other appurtenances including
Structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of materials
and equipment located, wholly or partially, within the Area of Special Flood Hazard.
Development Plan: the drawings, specifications, details, and other requirements for Development.
Emergency Preparedness Plan: a written plan adopted by the BOS dated February 3, 1998 that the plan
defines the roles and responsibilities of the various Mohave County Departments, officials, and other persons
to provide a rapid and effective response to conditions hazardous to persons and property within Mohave
County.
Elevation Certificate: documents issued by FEMA as forms, which when completed by an Arizona licensed,
registered engineer or surveyor, are to certify compliance of a regulatory elevation of the Lowest Floor of a
Structure to determine compliance with a Community Floodplain Management ordinance to determine property
Flood insurance premium rates.
Encroachment: the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent
Structures or Development into a Floodplain, Flood Prone Area, or Watercourse, which may impede or alter
the flow capacity of a Floodplain, Flood Prone Area, or Watercourse without being a Permitted Use as provided
in this Ordinance.
Erosion: the process of the gradual wearing away of landmasses by water or other agents or causes. Except
as herein otherwise specifically provided, this peril is not per 5e covered under the Program.
Flood related Erosion that causes Flood Damage or Flood loss should be covered.
Erosion Hazard: Some conditions or features prone to cause, encourage, or allow Erosion or Flood Related
Erosion.
Page 7 of 40
F'AGE 13 OF ~~
BK 3617 PG 710' FEE~20000608~8
Erosion Rate: anticipated rate of Erosion of a land mass based on engineered calculations or evaluatiol.ls
performed and certified by an Arizona licensed, registered professional engineer.
Existing Manufactured Home Park or Subdivision: a Manufactured Home Park or Subdivision for which the
construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including,
at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring
of concrete slabs) is completed before the effective date of the Floodplain Management Regulations adopted
by the Community.
Expansion to an Existing Manufactured Home Park or Subdivision: the preparation of ackEtional sites by
the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed
(installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (UFEMAU): an independent agency of the federal executive branch
of government de~ignated, authorized, and responsible for binding and supporting the emergency
Management system, including amongst other duties, advising and directing on building codes and Floodplain
Management and administering the NFIP.
Federal Insurance Administration: division of FEMA for administering Flood insurance.
Federal Insurance Administrator (UFIAn): Person designated as director, and charged and responsible to
administer the National Flood Insurance Program.
Financial Assistance: 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 (Flooding): a general and temporary condition of partial or complete inundation of normally dry land
areas from: 1) the overflo'!l of Flood waters; 2) the unusual and rapid accumulation or runoff of surface waters
from any source; and/or 3) the collapse or subsidence of land along the shore of a lake or other body of water
as a result of Erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as flash Flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable event that results in Flooding as defined in this definition,
Flood Blight Area: geographic area that economically and physically deteriorated due to Flooding or due to
the propensity for Flood Damage.
Flood Boundary and Floodway Map (nFBFM"): official map(s) delineating Flooding with Base Flood Elevation
in specified areas of Mohave County, prepared by FEMA dated March 15, 1982, and any amended and/or
successor maps published by FEMA or its successor hereafter.
Page 8 of 40
PAGE 14 OF 45
BK 3617 PG 711 FEE:::2000060843
Flood Carrying Capacity: presumed water fiow, which a Floodplain, Flood Prone Area, or Watercourse c?n
carry in relation to a particular Flooding event.
Flood Control Protective Work: the completion of any design, construction, or other method that is part of
Development to reduce, minimize, or eliminate Flooding or Flood conditions.
Flood Damage: Adverse Impact to Persons or property, real or perceived, including but not limited to
Structures.
Flood Elevation Data: factual information and data used to establish Base Flood Elevation or make a Flood
Elevation Determination.
Flood Elevation Determination: a determination by the FIA of the Water Surface Elevation of the Base
Flood, that is, the Flood level that has a one percent (1 %) or greater chance of occurrence in any given year.
Flood Elevation Study: an examination, evaluation and determination of Flood Hazard and, if appropriate,
corresponding Water Surface Elevations, or an examination, evaluation and determination of Mudslide (i.e.,
Mudflow) and/or Flood Related Erosion Hazards.
Flood Hazard: any Structure, condition, obstacle, or other situation that would be prone to create, cause,
encourages, or allow Flooding or Adverse Impact during a Flood or Flooding.
Flood Hazard Boundary Maps ("FHBM"): official map(s) first published on or about February 6, 1979 on
which the FIA, under the Department of Housing and Urban Development, designates and/or delineates areas
of Flooding potentials and/or Flood Hazards, and any amended and/or successor maps thereto.
Flood Insurance Rate Maps ("FIRMs"): official maps effective March 15, 1982, and all subsequent changes
or revisions on which FEMA and/or the FIA designated and/or delineated both the areas of Flooding potential
and/or Special Flood Hazards and the Risk Premium Zones applicable to the Community, and any amended
and/or successor maps thereto.
Flood Insurance Study ("FIS"): an official report provided by FEMA and/or the FIA that includes, but is not
limited to, Flood profiles for specified areas of Moha'le County, the Water Surface Elevation of the Base Flood,
and Flood Hazard factors.
Floodplain or Flood Prone Area: any land area susceptible to being inundated by water from any source (see
Flooding) and includes, but is not necessarily limited to, the areas adjoining the channel of a Watercourse
including areas where drainage is or may be restricted by person-made Structures that have been or may be
covered partially or wholly by Flood water from the One Hundred (100) Year Flood.
Floodplain Administrator (District Administrator): County Engineer of Mohave County, or other Arizona
licensed registered professional engineer, who is expressly designated or appointed by the Floodplain Board,
and who is hereby authorized by the Floodplain Board to administer and implement the provisions of this
Page 9 of 40
PAGE 15 OF 45
BK 3617 F'G 712 FEE~2000060843
Ordinance on behalf of the District.
Floodplain Board or District Board: Board of Directors of the Flood Control District of Mohave County,
Arizona at such times as they are engaged in the enforcement of this Ordinance, and of any other Laws.
Floodplain Information [Property Floodplain Information] ("PH'): information regarding whether or not
property and/or Structures appear to be within or outside an SFHA.
Floodplain Management: management and operation of an overall program of corrective and preventive
measures for reducing Flood Damage, including but not limited to Emergency Preparedness Plans, Flood
Control Protective Work and/or Floodplain Management Regulations.
Floodplain Management Regulations: this Ordinance and other zoning ordinances, Subdivision regulations,
building codes, health regulations, special purpose ordinances (such as grading and Erosion control) and other
applications of police power that control development in a Floodway, Floodplain and/or Flood Prone Area. This
term describes Laws individually or in any combination thereof which provide standards for preventing and
reducing Adverse Impact including Flood or Flooding loss and damage.
Floodplain Use Permit ("FUP"): a discretionary permit form setting forth requirements and conditions of the
District and Floodplain Administrator for any Person who is intending to cause Development including, without
limitation, New Construction, Subsequent Improvements, Substantial Improvements within Areas of Special
Flood Hazard.
Floodproofed: where a Structure has been constructed to provide Floodproofing, as evidenced by a
Floodproofing Certificate.
Floodproofing: any combination of structural and nonstructural additions, changes, or adjustments to
Structures that reduce, minimizes or eliminate Flood Damage to real estate or impro'/ed real property, water
and sanitary facilities, Structures and their contents.3 This is not express or implied warranty that Flooding or
Flood Damage will not occur.
Floodproofing Certification: sealed and signed certification by an appropriate Arizona licensed engineer on
a form supplied by FEMA or the Floodplain Administrator.
Flood Protection: requirements and acts for the development of lands including New Construction,
Subsequent Improvements, and Substantial Improvements to reduce, minimize, or eliminate Adverse Impact
from Flooding or Flood Damage.
Flood Protection System: physical Structure(s) or Structural Work(s) for which funds have been authorized,
3Floodproofing of residential New Construction, Subsequent Improvements, and Substantial
Improvements including any portion thereof, is not an alternative to the requirements for Lowest Floor elevation
to be above Base Flood Elevation as the means of elevation height compliance for Residential Structures.
Page 10 of 40
PAGE 16 OF 45
E'.K 3617 PG 713 FEE:::201JOO60848
appropriated, and expended and which have been constructed specifically to modify Floodplain or Flood Prone
Area to reduce, minimize or eliminate Flooding in order to reduce the extent of the area within a Community,
which is subject to a Special Flood Hazard(s) and the extent of the depths of associated Flooding. Such Flood
Protection System typically includes dam(s), reservoir(s), Levee(s), Levee System(s), or dike(s). These
specialized Flood modifying works are those constructed in conformance with sound engineering standards.
Flood Related Erosion: collapse or subsidence of land along a Floodway, Watercourse, the shore of a lake, ~
or other body of water (including a wash, channel, river, pond and/or lake that intermittently contain water, as
a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly
caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a flash Flood or an abnormal tidal surge, or by some similarly unusual
and unforeseeable event that results in Flooding.
Flood Related Erosion Prone Area: land within a Community that is most likely to be subject to severe Flood
Related Erosion losses. The area may be designated as Zone E on a Map. After a detailed evaluation of the
Special Flood Hazard(s) within a Special Flood Related Erosion Hazard A.rea, in preparation for publication
of the FIRM or other Map, Zone E may be further refined.
Flood Related Erosion Prone Area Management: operation of an overall program of corrective and
preventive measures for reducing Flood Related Erosion Damage, including, but not limited to, Emergency
Preparedness Plans, Flood Related Erosion control works, and Floodplain Management Regulations.
Floodway ( Regulatory Floodway): channel of a river or other Watercourse and the adjacent land areas that
must be reserved in order to discharge the Base Flood without cumulatively increasing the Water Surface
Elevation more than a designated height.
Floodway Fringe: that area of the Floodplain or Flood Prone Area on either side of the Floadway or
Regulatory Floodway where Encroachment may be permitted as a Permitted Use.
Freeboard: a factor of safety usually expressed in feet above a Flood elevation for purposes of Floodplain
Management. Freeboard tends to compensate for the many unknown factors that could contribute to Flood
Elevation heights greater than the height calculated for a selected size Flood and Floodway conditions, such
as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
Functionally Dependent Use: 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.
Governing Body: local governing unit, i.e., county or municipality, empowered to adopt and implement
regulations to provide for the public health, safety, and general welfare of its citizenry.
Hardship: as related to Section 6.0 Variances, means the continuing existence of a unique condition causing
Page 11 of 40
PAGE 17 OF 45
BK 3617 PG 714 FEE::=200006084S
an exceptional burden, prejudice, and damage that would result from a failure to grant the requested Varianc~.
The Governing Body requires that the Variance be exceptional. unusual. and peculiar to the property involved,
and not created or allowed by the applicant, current or past owner, or current or past user of the property.
Mere economic orfinancial burden, prejudice, and damage alone are not exceptional. Inconvenience, aesthetic
considerations, physical handicaps, personal preferences, or the approval or disapproval of one's neighbors
likewise cannot, qualify as or determine an exceptional burden, prejudice, and damage. If problems can be
resolved through other means, without granting a Variance, even if the alternative is more expensive, or
requires the property owner to build elsewhere or put the parcel to a different use than originally intended, a
Hardship shall not be determined to .exist for the purpose of administering this Ordinance.
Highest Adjacent Grade: the highest natural elevation of the ground surface prior to construction next to the
proposed walls of a Structure.
Historic Structure: any Structure that is:
.
a. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register.
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district.
c. Individually listed on a State inventory of historic places in States with historic preservation
programs that the Secretary of the Interior has approved; or,
d. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
1. By an approved State program as determined by the Secretary of the Interior; or,
2. Directly by the Secretary of the Interior in States without approved programs.
Insurance Service Organization ("ISO"): independent insurance rating service that the District, FEMA and/or
ADEM may use to assist in or to designate insurance ratings and modifications therein.
La'ws: all applicable federal, state, county, involved municipality or administrative agency Laws, effective
County Orders, and Appellate Court Decision of Record.
Levee: a person-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.
Page 12 of 40
PAGE is OF 45
BK 3617 PG 715 FEE{:2000060848
Levee System: a Flood Protection System that consists of a Levee, or Levees, and associated Structure.s,
such as closure and drainage devices, which are constructed and operated in accordance with sound
engineering practices.
Lowest Floor: 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 Ordinance. As to
a Manufactured Home, the Lowest Floor means the bottom of the mainframe.
Manufactured Home: a Structure, transportable in one or more sections, which is built on a permanent
chassis and designed for use with or without a permanent foundation when attached to required utilities. The
term Manufactured Home does not include a Recreational Vehicle.
Manufactured Home Park or Subdivision: a parcel (or contiguous parcels) of land divided into two or more
Manufactured Home lots for sale or rent.
Map(s): FHBM, FBFM, or FIRM for a Community already issued by FEMA, or which may, subsequent to
adoption of this Ordinance, be designated or issued by FEMA.
Market Value: determined by estimating the cost to replace a Structure in new condition and adjusting that
cost figure by the amount of depreciation that has accrued since the Structure was constructed. The cost of
replacement of the Structure shall be based on a square foot cost factor determined by reference to a building
cost estimating guide recognized by the building construction industry. The amount of depreciation shall be
determined by taking into account the age and physical deterioration of the Structure and functional
obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of
external obsolescence. Use of replacement costs or accrued depreciation factors different from those
contained in recognized building cost estimating guides may be considered only if such factors are included
in a report prepared by an Arizona certified or licensed, independent professional appraiser and supported by
a written explanation of the differences.
Mean Sea Level: for purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum to which Base Flood Elevations are shown on a Community's FIRM or other Map(s).
Mudslide (or Mudflow): condition where there is a river, flow or inundation of liquid mud down a hillside usually
as a result of a dual condition of loss of brush cover, and the subsequent accumulation of water on the ground
preceded by a period of unusually heavy or sustained rain. A Mudslide (i.e., Mudflow) may occur as a distinct
phenomenon while a landslide is in progress, and will be recognized as such by the Administrator only if the
Mudflow, and not the landslide, is the proximate cause of damage that occurs.
Mudslide (or Mudflow) Area Management: operation of an overall program of corrective and preventive
measures for reducing Mudslide (Le., Mudflow) damage, including, but not limited to, Emergency Preparedness
Plans Mudslide control works, and application of Floodplain Management Regulations.
Page 13 of 40
F'AGE 19 OF 45
BK 3617 PG 716 FEE~2000060848
MudsJide (or Mudflow) Prone Area: an area with land surfaces and slopes of unconsolidated material where
the history, geology and climate indicate a potential for Mudflow.
National Flood Insurance Program ("NFIP"): program allowed by Laws, including 42 USC 4001, et seq.,
allowing national floodplain management and administration, and an insurance program being provided to
Persons in Floodplains and Flood Prone Areas.
.0
New Construction: for the purposes of determining insurance rates, Structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974,
whichE':'.Jer is later, and include Subsequent Improvements and Substantial Improvements to such Structures.
For Floodplain Management purposes, New Construction means Structures for which the Start of Construction
commenced on or after the effective date of a Floodplain Management Regulations or ordinance as first
adopted by Mohave County on January 30, 1978 or other Community and include Subsequent Improvements
or Substantial Improvements to such Structure(s).
New Development: See Development.
One Hundred (100) Year Flood: Flood having a one percent (1%) chance of occurrence by being equaled
or exceeded in any given year (see Base Flood).
Permits: See Floodplain Use Permit ("FUP'j.
Permitted Use: an allovved use that without permission as provided in this Ordinance, would be an
Encroachment and/or Violation.
Person: any individual or his agent, firm, proprietorship, partnership, limited liability company, association,
trust, or corporation, or owner, director, officer, agent employee, manager, trustee, or beneficiary of the
aforementioned groups or this State or its agencies or political subdivisions.
Principally Above Ground: at least fifty-one percent (51 %) of the actual cash value of the Structure, less land
value, is above ground.
Program: NFIP authorized by 42 use 4001-4128. [See National Flood Insurance Program ("NFIP')]
Program Deficiency: 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.
Property Floodplain Information ("PH'): a written report depicting the apparent FEMA determination
regarding a parcel's inclusion or omission from an Area of Special Flood Hazard.
Page 14 of 40
F'AGE 20 OF 45
BK 3617 PG 717 FEE:::2000060848
Recreational Vehicle: a vehicle, which is:
a. built on a single chassis;
b. four hundred (400) square feet or less when measured at the largest horizontal projection;
c. designed to be self-propelled or permanently towable by a light duty truck; and
d. designed primarily not for use as a permanent dv/elling but as a temporary living quarters for
recreational, camping, travel or seasonal use.
Regulatory Flood Elevation means an elevation one foot (1') above the Base Flood Elevation for a
Watercourse for which the Base Flood Elevation has been or shall be as determined by the criteria developed
by the Director of ADWR (ADEM or other designated agency) for any other and/or all other Watercourses.
Regulatory Floodviay (or Floodway): channel of a river or other Watercourse and the adjacent land areas
that must be reserved in order to discharge the Base Flood without cumulatively increasing the Water Surface
Elevation more than a designated height.
Remedy A Violation: to bring the Structure or other Development into compliance with State or local
Floodplain Management Regulations including this Ordinance; or, if this is not possible, to reduce the Adverse
Impacts of its noncompliance. Ways that Adverse Impact may be reduced include protecting the Structure or
other affected Development from Flood Damages, implementing the enforcement provisions of this Ordinance
or otherwise deterring future similar Violations, or reducing Federal financial exposure with regard to the
Structure or other Development.
Repetitive Loss Structure: a Structure covered by a contract for Flood insurance issued pursuant to the
National Flood Insurance Act that has incurred Flood related damage on two (2) occasions during any ten (10)
year period ending on the date of the event for which a second claim is made, in which the cost of repairing
the Flood Damage, on average, equaled or exceeded twenty-five percent (25%) of the Market Value of the
Structure at the time of each such Flood event. In addition to the current claim, the NFIP must have paid the
previous qualifying claim in order to qualify for the increased Cost of Compliance Coverage, within the CRS.
Risk Premium Zones: designated by the FIA for purposes of establishing premium tables based on Flood
Hazard factors.
Riverine: relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Setback: distance from the bank or edge of a Watercourse, as measured from the closest edge of the
Watercourse bank to the Development site; the prescribed distance from the bank or edge of a Watercourse
required for a Structure to be constructed .for purposes of improved health, safety, and/or welfare.
Sheet Flow Area: See Area of Shallow Flooding.
Page 15 of 40
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PAGE 22 OF 45
e.K 3617 PG 719 FEE:::2000060848
incurred Substantial Damage, regardless of the actual repair work performed. The term does not, however,
include either: .
a. Any project for Development or improvement of a Structure to correct existing Violations of
State or local health, sanitary, or safety code specifications that have been identified by the local code
enforcement official and are the minimum necessary to assure safe living conditions or compliance
with Laws; or,
b. Any alteration of a Historic Structure, provided that the alteration will not preclude the
Structure's continued designation as (1 Historic Structure; any addition to a Historic Structure that is
not included with the designation of Historic Structure is not excepted from the requirements that
would otherwise be applicable to Substantial Improvements.
Ten (10) Year Flood: Flood having a ten percent (10%) chance of occurrence by being equaled or exceeded
in any given year.
-
Variance: grant of relief from the requirements of this Ordinance, which permits construction in a manner that
would otherwise be prohibited by this Ordinance.
Violation: failure of a Structure or other Development to be fully compliant with the Community's Floodplain
Management Regulations and in particular, this Ordinance. A Structure or other Development without the
Elevation Certificate, other certifications, or other evidence of compliance required in this Ordinance is
presumed to be in Violation until such time as that documentation evidencing compliance is provided.
Violator: Person who causes or allows Development to occur, including the placement of a Structure, that
is not in compliance with the Community Floodplain Management Regulations, and in particular this Ordinance.
Water Surface Elevation: the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929,
(or other datum, where specified) of Floods of various magnitudes and frequencies in the Floodplain of
Riverine areas.
Watercourse: a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over
which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial
Flood Damage may occur.
Watercourse Master Plan: a hydraulic plan for a Watercourse that examines the cumulative impacts of
existing Development and future Encroachment in the Floodplain and future Development in the watershed
on potential Flood Damages, and establishes technical criteria for subsequent Development so as to minimize
potential Flood Damages for all Flood events up to and including the One Hundred (100) Year Flood.
Zone: land area designated by FEMA in its FHBM, FBFM, or FIRM as to the potentiality of Flooding or Flood
Hazard.
Page 17 of 40
PAGE
23 OF 45
BK
3617 PG 720 FEE~2000060848
3.0 GENERAL PROVISIONS.
3.1 LANDS TO WHICH THIS ORDINANCE APPLIES. This Ordinance shall apply to all Areas
of Special Flood Hazard, and as expressly stated herein or by Laws otherwise, to Watercourses within
the boundaries of Mohave County as designated or prescribed by FEMA by Maps or otherwise,
currently or hereafter, except those incorporated cities and towns, which have adopted an alternative
Resolution in accordance with A.R.S. Ttl. 48, Ch. 26, Art. 1, S 48-3610.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. Any Area of
Special Flood Hazard and/or Special Flood Hazard Area identified in the FHBM dated February 6,
1979 and thereafter by the Federal Insurance Administration, FIA, orotherwise by FEMA in a scientific
and engineering report entitled, "The Flood Insurance Study for Mohave County" originally.effective
September 15, 1981 and assigned Community No. 040058 [for unincorporated areas of Mohave
County] and subsequent additions, amendments or revisions for any or all areas as specified by
Subsection 3.1 herein above with accompanying FIRMs and FBFMs originally dated March 15, 1982
and all subs"equent additions, amendments and/or revisions are hereby adopted by reference and
declared to be a part of this Ordinance. FIS and attendant mapping are on file at the Mohave County
Floodplain Office, currently physically located at 3675 East Andy Devine Avenue, Kingman, Arizona
86401, with a mailing address of Post Office Box 7000, Kingman, Arizona 86402-7000. FIS provides
the minimum areas of applicability of this Ordinance and may be supplemented by studies for other
areas that allow implementation of this Ordinance, and which are recommended to the Floodplain
Board by the Floodplain Administrator, and are adopted by the Floodplain Board. The Board, within
its area of jurisdiction, shall delineate (or may by rule, require developers or subdividers of land and
other land dividers to delineate) for areas INhere Development is ongoing or imminent, and thereafter
as Development becomes imminent, Floodplains consistent with the criteria developed by FEMA, the
Director of ADWR, or the Director of ADEM.
3.3. COMPLIANCE, All Development of land, construc;ion including New Construction,
Subsequent Improvements, Substantial Improvements, 'Ilhether involving residential, commercial or
industrial Structures or future Development within any and all Areas of Special Flood Hazard, are
subject to the terms of this Ordinance, and shall comply with this Ordinance in addition to other
applicable Laws.
3.3.1 Prohibited and Unlawful Acts. In addition
to any other provision of this
Ordinance, in accordance with A.R.S. Ttl. 48, eh. 21 948-3613 except as provided in A.R.S.
Ttl. 48, Ch. 21, S 48-3625 and in this Ordinance, a Person shall not, and it is unlawful for any
Person to, develop any property including, without limitation, the Development or construction
including New Construction, Subsequent Improvements or Substantial Improvements of any
Structure that will divert, retard or obstruct the flow of waters in any Watercourse without
securing written authorization from the Floodplain Board. Where the Watercourse within an
Area of Special Flood Hazard, no Structure shall be constructed in the Flood plain or Flood
Prone Area without written authorization from the Board. Violation of this Section shall be a
Class 2 Misdemeanor.
Page 18 of 40
PAGE 24 OF 45
BK 3617 F'G 721 FEE~2000060848
3.3.2 Remedy(ies) ReQarding Unlawful Acts. In addition to other penalties or remedies
otherwise provided by Laws, the State of Arizona, 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 Ordinance or other regulations adopted pursuant
to A.R.S. Ttl. 48, Ch. 21 or other applicable Laws. If a Person is found to be in Violation of ."
this Ordinance, the court shall require the Violator to either comply with this Ordinance, obtain
a Variance if authorized by the Floodplain Board in its discretion under the terms of this
Ordinance, or remove the obstruction and restore the Watercourse to its original state. The
court may also award such monetary damages as are appropriate for payment by the
Violator(s) to the injured party(ies) resulting from the Violation including reasonable costs and
attorney fees including those of the District. [See without limitation Subsections 3.8 and 3.9
hereinafter.]
-
3.4 ABROGATION AND APPLICATION OF GREATER RESTRICTIONS. This Ordinance is not
intended to repeal, abrogate, or impair existing easements, covenants, or deed restrictions. However,
where this Ordinance and other Laws or any dedication, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
3.5 INTERPRET A TION. In the interpretation and application of this Ordinance, all provisions shall
be:
3.5.1 Considered as minimum requirements.
3.5.2 Liberally construed in favor of the Governing Body.
3.5.3 Deemed neither to limit nor repeal any other powers granted under the State of
Arizona Statutes or other applicable Laws.
3.5.4 Whenever the context so requires, the appropriate gender, be it masculine,
feminine, or neuter shall be implied, and the singular includes the plural and vice versa. This
Ordinance shall not be construed to defeat its intents or to negate its enforcement, and it shall
be construed to allow its continuation and enforceability.
3.6 WARNING AND DISCLAIMER OF LIABILITY. The degree of Flood Protection required by
this Ordinance 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 person-made or natural causes. This Ordinance does not imply that land outside the
Areas of Special Flood Hazards or Permitted Use(s) within such Areas of Special Flood Hazards will
be free from Flooding, Flood Damages, or other Adverse Impact. This Ordinance shall not create
liability on the part of the District, Mohave County, their directors, officers, agents, officials, or
employees thereof, or FEMA, the FIA, or other agencies for any Flood Damage that result from
Page 19 of 40
PAGE
25 OF 45
BK
3617 PG 722 FEE~2000060848
reliance on this Ordinance or any administrative decision lawfully made thereunder.
This Ordinance provides minimum requirements for compliance with the NFIP. The actual measures
required to assure the owners, occupants, or other persons against Flooding or to provide
Floodproofing, may be in addition to these requirements and remain the responsibility of the owner,
land users and/or developers.
'.
In addition, nothing to the contrary withstanding, full and sole responsibility for compliance with this
Ordinance, and for developing all other appropriate Flood Control Protective Work and the protection
and safety measures associated therewith, remain with the land owner(s), land user(s) and/or
developer(s) together with their agents, officers, directors, and employees.
3.7 STATUTORY EXEMPTIONS.
3.7.1 In accordance with AR.S. Ttl. 48, Ch. 21, Art. 1, S 48-3609(H), unless expressly
provided to the contrary, this Ordinance and other Lavvs, unless expressly stated to the
contrary, do not affect:
3.7.1.1 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 twelve months or destroyed to the extent of fifty per cent (50%) or
more of its value, as determined by a competent Arizona licensed or certified
appraiser, any further use shall comply with AR.S. Ttl. 48, Ch. 21, this Ordinance,
and other applicable Laws.
3.7.1.2 Reasonable repair or alteration of property for the purposes for which
the property vIas legally used on August 3, 1984, or on the date any regulation
affecting such property take effect, except that a::1Y alteration, addition or repair to
a nonconforming building or Structure which would result in increasing its Flood
Damage or Adverse Impact potential by fifty per cent (50%) or more of its value as
prescribed in Subsection 3.7.1.1 hereinabove, shall be either Floodproofed
(allov'led only for nonresidential Structures) and/or its Lowest Floor elevated to or
above the Regulatory Flood Elevation (required for any Residential Structure).
3.7.1.3 Reasonable repair of Structures constructed with the written
authorization required by AR.S. Ttl. 48, Ch. 21, Art. 1, S 48-3613.
3.7.1.4 Development, including facilities or Structures, constructed or installed
pursuant to a certificate of environmental compatibility issued pursuant to TlI. 40,
Ch. 2, Art. 6.2.
3.7.2. In accordance with AR.S. TlI. 48, Ch. 21, Art. 1, S 48-3613, written authorization
shall not be required, nor shall the Floodplain Board prohibit:
Page 20 of 40
PAGE 26 OF 45
BK 3617 F'G 723 FEE:::2000060848
3.7.2.1 The construction of bridges, culverts, dikes and other Structures
necessary for the construction of public highways, roads and streets intersecting
or crossing a Watercourse.
3.7.2.2 The construction of storage dams for watering livestock or wildlife and
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 Flood waters as permitted by AR.S.
Ttl. 48, Ch. 21 and AR.S. Ttl. 45, Ch. 6.
3.7.2.3 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 from complying with and acquiring authorization
- from the Board pursuant to regulations adopted by the Board under AR.S. Ttl. 48,
Ch.21.
3.7.2.4 Other construction which complies with the requirements of this
Ordinance and Laws. if it is determined by the Board that written authorization is
unnecessary.
3.7.2.5 Any Community including, without limitation, the District, County, city,
town, or other political subdivision which is exercising powers granted to it under
AR.S. Ttl. 48, Ch. 21.
3.7.2.6 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.
3.7.2.7 The construction and erection of poles, towers, foundations, support
Structures, guy wires, and other facilities related to power transmission as
constructed by any utility whether a public service corporation or a political
subdivision.
3.7.3 Before any construction authorized by Subsection 3.7.2 of this Section may begin,
the responsible Person must submit plans for the construction to the Board for review and
comment.
3.7.4 Development including construction shall not be allowed, permitted, or performed
under Subsection 3.7.2, which endangers or causes Adverse Impact to the life, safety, health,
and welfare of Persons or property.
Page 21 of 40
PAGE 27 OF 45
BK 3617 PG 724 FEE:::2000060343
3.8 DECLARATION OF PUBLIC NUISANCE. All Development including New Constructio,n,
Subsequent Improvements, Substantial Improvements, and including, without limitation. every new
Structure including additions. building. fill, excavation or Development located or maintained within
Areas of Special Flood Hazard after August 8, 1973 in Violation of this Ordinance or A.R.S. Ttl. 48,
eh. 21, is a public nuisance per 58 and may be abated, prevented, or restrained by action of the
County, the District, or othervvise as permitted by Laws including, without limitation, action of the
Floodplain Board and as authorized herein or otherwise action of the Floodplain Administrator. ..
3.9 VIOLATIONS, CORRECTIONS, AND ABATEMENTS. Any and all noncompliance with or
Violations of the requirements of this Ordinanc".:: shall be corrected or abated as provided herein, as
otherwise provided by Laws, or, as applicable. be prosecuted under the A.R.S. Criminal Statutes.
[Also see Subsection 3.3, hereinabove.]
3.9.1 Owner's Correction of Violations. Owners. occupants, and/or other Violators
shall immediately and in any event within thirty (30) days of the owner's, occupants, and/or
other responsible Person's awareness of a Violation from any source. or in any event within
thirty (30) days of the owners, occupants, and/or other responsible Persons being given
notice by the Floodplain Administrator or his designated representative of any Violation, such
owners, occupants, and/or other responsible Persons shall fully correct or abate such
Violations or the Ovmer shall act to obtain a Variance. Responsibility and/or liability is jointly
and severally that of the owner, occupant and/or other Violator(s) or responsible Person(s).
3.9.2 Notice of Violation. Within thirty (30) days of the actual discovery of a Violation
including public nuisances, the Floodplain Administrator shall give a written notice and
reasonable amount of time, but in any event not longer than thirty (30) calendar days, to the
owner of the property on which the Violation has occurred, as well as to any other Persons
as to whom responsibility is being asserted, to fully correct the Violation. A copy of any such
notice shall be provided to the County Attorney.
3.9.3 If the owner or other Person(s) fail(s) to achieve the full correction of the Violation,
the Floodplain Administrator shall act as otherwise permitted in this Ordinance or other Laws
to cause correction or abatement.
3.9.4 If compliance, including full correction or abatement, is not forthcoming from the
owner or other Person(s) after the Notice per Subsection 3.9.2. hereinabove, the Floodplain
Administrator shall forward the matter to the County Attorney, including a full report as to the
apparent Violation, as basis appears existent. The County Attorney shall issue second Notice
of Violation to the owner and other Person(s) deemed by the County Attorney to be
responsible, and a demand for correction of the Violation(s) within ten (10) calendar days.
3.9.5 Within thirty (30) days of the County Attorney's demand, the Floodplain
Administrator shall make a factual determination as to whether or not the Violation has been
fully corrected or abated. At that time, if full correction and/or abatement has not occurred,
Page 22 of 40
F'AGE
28 OF 45
BK
3617 PG 725 FEE::=2000060848
and if no agreement has been reached with the property owner or other responsible Person
for abatement or correction, the Floodplain Administrator shall submit a report to the
Floodplain Board and CEO [County Manager], which shaH include aH information available
to the Floodplain Administrator which is pertinent to said Violation. Within thirty (30) days of
receipt of this report, the Floodplain Board shall agendize such matter(s) and shall:
3.9.5.1 Take any necessary action to effect the abatement
or correction of .~'..
such Violation; or
3.9.5.2 Issue a Variance to this Ordinance if otherwise
allowed in accordance
with the provisions of this Ordinance; or
3.9.5.3 Order the owner and, as applicable, any other
occupant of the property
upon which the Violation exists to provide whatever additional information may be
required for their determination. Such information must be provided by the owner
to the Floodplain Administrator within fifteen (15) days of such order, and he shall
submit an amended report to the Floodplain Board within twenty (20) days. At their
next regularly scheduled meeting, the Floodplain Board shall order the abatement
of said Violation or grant a Variance in accordance with the provisions herein.
3.9.6 If correction or abatement is not made by the owner or other responsible Person(s),
in compliance with a Floodplain Board Order, the Floodplain Board, directly or through the
Floodplain Administrator or other designated representative, shall submit a declaration for
denial of insurance to the FIA, stating the property is in Violation of this Ordinance or other
cited Laws pursuant to Section 1316 of the National Flood Insurance Act of 1968 as
amended, This Declaration may be recorded by the District in the official records of the
Mohave County Recorder and released only upon full abatement or correction of the
Violation, or upon the issuance of a Variance under this Ordinance, to fully resolve all
Violations.
3.9.7 Prosecution. As addition to other remedies, as provided herein or as otherwise
permitted by Laws, any Violator may also be prosecuted, and if convicted, subject to fine,
imprisonment, injunctive order as to the offender and restitution to damaged Persons, all as
permitted by Laws including, without limitation, the A.R.S. Criminal Code.
3.10 SEVERABILITY. This Ordinance and the various parts thereof are hereby declared to be
severable. Should any Section of this Ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the Ordinance as a whole, or any portion thereof
other than the section so declared to be unconstitutional or invalid.
4.0 ADMINISTRATION.
4.1 EST ABLlSHMENT OF FUP.
Page 23 of 40
PAGE 29 OF 45
BK 3617 PG 726 FEEnOOOO60348
4.1.1 Information and Certification. An FUP shall be applied for by the owner a[ld
thereafter be obtained from the District before construction or Development begins, including
the placement of any Structure, including New Construction, Subsequent Improvements, and
Substantial Improvements, and including a Manufactured Home [whether or not affixed to the
property] andlor modular Structure within Areas of Special Flood Hazard established herein.
An Application for an FUP shall be made by the owner with the District on forms furnished by
the Floodplain Administrator. The Floodplain Administrator may require the applicant to
provide, but need 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:
4.1.1.1 Proposed elevation in relation to Mean Sea Level of the Lowest Floor
(including Basement) of all Structures,4 including the Lowest Floor elevation above
. the Highest Adjacent Grade, and additional information such as:
4.1.1.1.1 Field information including topographic details deemed
necessary for determination per Subsection 4.3.1.
4.1.1.1.2 The name, address, phone numbers, and fax numbers of
the engineer or surveyor being employed or contracted with by the
owner for purposes, including preparation of an Elevation Certificate.
4.1.1.2 Proposed Floodproofing information such as:
4.1.1.2.1 Proposed elevation in relation to Mean Sea Level to which
any nonresidential Structure that is proposed for Floodproofing.
4.1.1.2.2 Certification by an Arizona licensed, registered professional
engineer or architect that the Floodproofing methods for any
nonresidential Structure meet the Floodproofing criteria in Subsection
5.1.3.
4.1.1.3 Description of the extent to which any Watercourse will be altered or
relocated as a result of proposed Development.
4.1.1.4 Any additional information deemed reasonably necessary by the
Floodplain Administrator for making a determination of requirements for an FUP or
< No residential Basement shall be permitted within Areas of Special Flood Hazard. Any existing
nonconforming residential Structure built prior to this Ordinancf;, and which becomes subject to this Ordinance
because of Substantial Improvement shall be required to bring the Lowest Floor elevation to the Regulatory
Flood Elevation.
Page 24 of 40
f,\
F'AGE 30
OF 45
BK 3617 F'G 727 FEE:;:20
00060343
whether or not to issue an FUP.
4.1.2 Issuance of an FUP. The District may issue an FUP with the conditions and
requirements deemed necessary to implement this Ordinance or other applicable Laws.
Alternatively, the District may refuse to issue an FUP and deny Development within a Special
Flood Hazard Area including, without limitation, within a Watercourse, so as to reasonably
implement the provisions of this Ordinance and other applicable Laws.
4.1.3 FUP and Fee.
4.1.3.1 Prior to any Development with Special Flood Hazard Area, the owner
or the owner's agent shall apply for and must receive an FUP.
4.1.3.2 An FUP Application fee of Fifty Dollars ($50.00) will be charged for
every FUP Application. There shall be no refund(s) of the Application fee or credits
. including upon issuance of the FUP, upon determination that an FUP is
unnecessary or in the event an adverse determination is made whereby an FUP
does not issue.
4.1.4 Issuance of a PFI. Periodically, the District is requested to provide PFls, which
shall be handled in the foliowing manner:
4.1.4.1 Upon request, a PFI will be provided by the District within a reasonable
time after request is made.
4.1.4.2 A fee of Five Dollars ($5.00) per PFI will be paid by the requestor to
the District. No refund or credit for this fee shall be granted
4.2 DESIGNA TION OF THE FLOODPLAIN ADMINISTRATOR. The County Engineer, other
professional engineer 0: individual, appointed by action of the Floodplain Board shall serve as the
Floodplain Administrator to administer, implement, and enforce this Ordinance including by granting
or denying of Development Permits in accordance with the provisions of this Ordinance and other
applicable Laws. This position shall satisfy the intent of appointing a general manager as prescribed
by A.R.S. Ttl. 98, Ch. 21, Art. 1, S 48-3603(14), unless the Floodplain Board makes a separate
appointment.
4.3 DUTIES AND RESPONSIBILITIES OFTHE FLOODPLAIN ADMINISTRATOR. Duties of the
Floodplain Administrator shall include, but not be limited to:
4.3.1 Review all Development permits, including any Applications for FUPs, FUPs, and
PFls to:
4.3.1.1 Reasonably determine the requirements of this Ordinance, and
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eK 3617 PG 728 FEE:;:2000060848
determined such requirements have been satisfied, including such being FUP
requirements; .
4.3.1.2 Inform the owner or developer that other State and Federal permits
may be required by the owner or developer including, without limitation, Section
404 of the Federal Water Pollution Control Act Amendment of 1972 and
subsequent amendments (if any) [33 use 1334]. ..
4.3.1.3 To inform the owner and/or developer that he/she/it/they are
responsible to assure that the Structure(s) will be reasonably safe from Flooding,
\",hich may require more stringent requirements than those stated in the FUP, this
Ordinance, or other Laws.
4.3.1.4 Reasonably determine if it appears the proposed Development does
. not have a material Adverse Impact upon the carrying capacity of areas where
Base Flood Elevations have been determined but a Floodway has not been
designated insofar as not less than the FUP requirements are met.
4.3.2 Use of Other Base Flood Data. When Base Flood Elevation Data has not been
provided in accordance with Subsection 3.2, the Floodplain Administratorshall obtain, review,
and reasonably utilize any Base Flood Elevation Data available from a Federal, State or other
source, in order to administer this Ordinance including, without limitation, Subsection 5.0. Any
such information shall be consistent with the requirements of FEMA and ADEM, and shall be
submitted to the Floodplain Board for adoption, either on an individual parcel or basis, or as
a pre-approved m_ethodology. Such other source information may include requiring the
developer to provide adequately engineered Base Flood Elevation Data.
4.3.3 Obtain and maintain for public inspection and make available as needed for Flood
insurance policies information and documents, including the following:
4.3.3.1 The certified elevation evidenced by an Elevation Certificate required
in Subsection 5.1.3.1.
4.3.3.2 The certification required in Subsection 5.1.3.2.
4.3.3.3 The Floodproofing Certification required in Subsection 5.1.3.3.
4.2.3.4 The certification required in Subsection 5.1.3.4.
4.2.3.5 The certification evidencing a certified elevation required in Subsection
5.4.2.
4.3.4 Whenever a Watercourse is to be altered or relocated:
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4.3.4.1 Notify adjacent communities and the appropriate State agency, includir)g
ADEM, prior to any alteration or relocation of a Watercourse, and submit evidence
of such notification to the Federal Insurance Administration when such alteration
or relocation affects any SFHA.
4.3.4.2 Require that the Flood Carrying Capacity of the altered or relocated portion
of said Watercourse is achieved without any Adverse Impact.
,.
4.3.5 Within one hundred twenty (120) days after completion of construction of any
Flood
Control Protective Works which changes the rate of flo\'1 during the Flood or the configuration
of the Floodplain or Flood Prone Area upstream or downstream from or adjacent to the
Development, the Person or agency responsible for installation of the Development shall
provide to the governing bodies of all jurisdictions affected by the Development a new
delineation of all Floodplains affected by the Development. The new delineation shall be done
in accordance to the criteria adopted by the Director of ADEM.
.
4.3.6 Advise any city or town which has assumed jurisdiction over its Floodplains
or
Flood Prone Areas in accordance with A.R.S. Ttl. 48, Ch. 21, Art. 1, S 48-3610 in writing and
provide a copy of any Development Plan of any Application for FUr or Variance to develop
land in a Floodplain or Floodway within one (1) mile of corporate limits of such city or town.
The District shall also advise such city or town in writing and provide a copy of any
Development Plan of any major Development proposed within a Floodplain, Flood Prone
Area, or Floodway which could affect Floodplains, Flood Prone Areas, Floodways, or
Watercourses within such city's or town's area of jurisdiction. Written notice and a copy of the
Development Plan shall be sent to such city or town no later than two (2) weeks after having
been received by the District.
4.3.7 Make interpretations where needed, as to the exact location of the boundaries
of
the Areas of Special Flood Hazards (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 reasonable opportunity to Appeal the interpretation as provided
in Section 6.0.
4.3.8 Take actions on Violations of this Ordinance as required in Subsection 3.9 herein.
4.3.9 Notify the FIA and Director of ADEM of acquisition by means of annexation,
incorporation, or otherwise, of additional or reduced areas of jurisdiction.
5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION. In all Areas of Special Flood Hazard, the
following shall apply:
5.1 8T ANDARDS OF CONSTRUCTION. For all Construction, and as additions but not reductions
of other standards or requirements of Laws, the fol/owing standards are required:
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5.1.1 Anchoring.
5.1.1.1 All New Construction, Subsequent Improvements, and Substantial
Improvements shall be anchored to prevent flotation, collapse or lateral movement
of the Structure.
5.1.1.2 All Manufactured Homes shall meet the anchoring standards of
Subsection 5.5.3.
5.1.2 Construction Materials And Methods.
5.1.2.1 All New Construction, Subsequent Improvements, and Substantial
Improvements shall be constructed with materials and utility equipment resistant
to Flood Damage.
- 5.1.2.2 All New Construction, Subsequent Improvements, and Substantial
Improvements shall be constructed using methods and practices that minimize
Flood Damage.
5.1.2.3 All New Construction, Subsequent Improvements, and Substantial
Improvements and other proposed New Development shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of Flooding.
5.1.2.4 Require within Zones AH or AO that adequate drainage paths around
Structures on slopes guide Flood waters around and aV'/ay from proposed or
existing Structures.
5.1.3 Elevation and Floodproofing.
5.1.3.1 New Construction, Subsequent Improvements, and Substantial
Improvements 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 5.1.3.3. Upon the completlon of the
Structure or other modifications or additions thereto, the elevation of the Lowest
Floor including Basement shall be certified by an Arizona registered professional
engineer or surveyor and original sealed and signed copy be provided to the
Floodplain Administrator, together with field notes and data.
5.1.3.2 New construction, Subsequent Improvements, and Substantial
Improvements of any Structure in Zone AO shall have the Lowest Floor, higher
than the Highest Adjacent Grade by at least one foot higher than the depth number
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BK 3617 F'G 731 FEE:::2000060843
on the FIRM, or at least two feet if no depth number is specified. Nonresidenti,al
Structures may meet the standards in Subsection 5.1.3.3 and 5.1.3.4. Upon
completion of the Structure, an Arizona licensed, registered professional engineer
or surveyor shall certify to the Floodplain Administrator that the elevation of the
Structure meets this standard by providing original sealed copy of the Elevation
Certificate.
5.1.3.3 Nonresidential construction shall either be elevated in conformance ..
with Subsection 5.1.3.1 or 5.1.3.2 alternatively, the Structure(s), or together with
attendant utility and sanitary facilities, shall:
5.1.3.3.1 Be Floodproofed so that below the regulatory Flood level
the Structure is watertight with walls substantially impermeable to the
passage of water. This is not to be construed as permitting,
promising, or otherwise allowing subgrade Structures including
- Basements for New Construction or Substantial Improvements, except
as expressly stated in this Ordinance to the contrary.
5.1.3.3.2 Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
5.1.3.3.3 8e certified by an Arizona licensed, registered professional
engineer or architect that the standards of this Subsection and
otherv/ise as to Floodproofing are satisfied. Such certifications shall
be provided to the Floodplain Administrator prior to an FUP issuing on
proposed construction, and prior to occupancy.
5.1.3.4 Require, for all New Construction, Subsequent Improvements, and
Substantial Improvements of nonresidential Structures, that fully enclosed areas
belov/ the Lowest Floor that are usable solely for parking of vehicles, building
access or storage in an area other than a Basement and which are subject to
Flooding shall be designed to automatically equalize hydrostatic Flood forces on
exterior walls by allowing for the entry and exit of Flood waters. Designs for
meeting this requirement must be certified by an Arizona licensed, registered
professional engineer or architect to meet or exceed the following minimum criteria:
5.1.3.4.1 A minimum of two 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.
5.1,3.4.2 The bottom of all openings shall be no higher than one foot
above grade.
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BK 3617 PG 732 FEE02000060848
5.1.3.4.3 Openings may be equipped with screens, louvers, valv~s.
or other coverings or devices provided that they permit the automatic
entry and exit of Flood waters.
5.1.3.5 Manufactured homes shall meet the above standards and also the
standards in Subsection 5.5.
5.1.4 Setbacks. In addition to other Setbacks required by Laws, additional Setbacks,
including Setbacks from Watercourse banks may be required by the Floodplain Board, upon
recommendation of the Floodplain Administrator.
5.2 STANDARDS FOR STORAGE OF MATERIALS AND EQUIPMENT. In addition to other
requirements or Laws, the following standards shall apply:
5.2.1 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.
5.2.2 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.
5.3 ST ANDARDS FOR UTilITIES. In addition to requirements of Laws, the following standards
shall apply:
5.3.1 All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate infiltration of Flood waters into the system and discharge
from systems into Flood waters.
5.3.2 On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during Flooding.
5.3.3 Waste disposal systems shall not be installed wholly or partially in a Floodway or
Regulatory Floodway. In addition, sewer treatment plants and public or Community septic
systems shall not be installed wholly or partially in a designated Floodplain or Flood Prone
Area.
5.4 ST ANDARDS FOR SUBDIVISIONS. In addition to other requirements of laws, the following
standards shall apply:
5.4.1 All preliminary and final Subdivision proposals shall identify the Special Flood
Hazard Area and including, without limitation. any Watercourse, Floodplain. Flood Prone
Area, and elevation of the Base Flood.
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5.4.2 All final Subdivision plans will provide Base Flood Elevations for each lot and
Lowest Floor elevations for each of the proposed Structure(s) certified by an Arizona licensed,
registered engineer or architect. Such shall have the Lowest Floor including any Basement
at or above Regulatory Flood Elevation. If the site is filled above the Base Flood, the final
Lowest Floor and pad elevation shall be certified by an Arizona licensed, registered
professional engineer or surveyor as being above Base Flood Elevation. Such certification
shall be provided to the Floodplain Administrator. Subdivisions will be designed so that each
lot provides a building pad of sufficient surface area to provide adequate space. The
Subdivision plan will also show conclusively how the flows will be handled and how they will
exit the Development without Adverse Impact upon surrounding property(ies).
5.4.3 All Subdivision proposals shall be consistent with the need to minimize Flood
Damage, and shall provide for such.
5.4.4 All Subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize or eliminate Flood Damage.
5.4.5 All Subdivisions shall be planned to provide and shall provide adequate drainage
to reduce or minimize exposure to Flood Hazards.
5.4.6 Any and all Subdivision plans and other Development that mayor appear to alter
an SFHA, including the Floodplain characteristics and including increase(s) or decrease(s)
of Base Flood Elevations resulting from physical changes or proposed physical changes
affecting Flooding, shall be submitted to FEMA through the District and its Floodplain
Administrator per NFIP including, without limitation, 44 CFR Ch. 1, Part 65.3 or subsequent
provisions,
5.5 STANDARDS FOR MANUFACTURED HOMES. In addition to other requirements of Laws
applicable, the following standards for all new and replacement Manufactured Homes and additions
to Manufactured Homes shall apply:
5.5.1 Elevated so the bottom of the structural frame or the lowest point of attached
appliances, whichever is lower, is at or above the Regulatory Flood Elevation; and
5.5.2 When placed or substantially improved within Zones A 1-30, AH, and AE, on a site
located in one or more of the following categories of Developments, be elevated on a
permanent foundation per Subsection 5.5.1:
5.5.2.1 Outside of a Manufactured Home Park or Subdivision.
5.5.2.2 In a new Manufactured Home Park or Subdivision.
5This information may result in a FEMA letter of Map revision and letter of Map amendment.
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BK 3617 F'G 734-
FEE:::2000060848
5.5.2.3 In an expansion to an existing Manufactured Home Park ~r
Subdivision.
5.5.2.4 In an existing Manufactured Home Park or Subdivision on which a
Manufactured Home has incurred "substantial damage" as the result of a Flood.
5.5.3 Be securely anchored to an adequately anchored foundation system to resist
flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be
limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition
to applicable State or other anchoring requirements for resisting wind forces.
5.6 ST ANDARDS FOR RECREATIONAL VEHICLES. In addition to other requirements of Laws,
the following standards shall apply:
5.6.1 Any Recreational Vehicle left on site for more than one hundred eighty (180)
con-secutive days, or is not licensed nor ready for highv/ay use, or which is affixed to real
property, shall meet the requirements of Subsection 5.5.
5.7 FLOODWA YS. Located within Areas of Special Flood Hazard established in Subsection 3.2
are areas designated as Floodways.6 Since the Floodv/ay is an extremely hazardous area due to the
velocity of Flood waters, which carry debris, potential projectiles, and Erosion potential, the following
provisions apply:
5.7.1 Prohibit any Encroachment, including fill, NevI Construction, Substantial
Improvements, and other Development unless certification by an Arizona licensed, 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
written permission is provided by the District and any other necessary organization, by way
of example and not limited to the Bureau of Reclamation, within the Colorado River Floodway.
5.7.2 If Subsection 5.7 is satisfied, all New Construction, Subsequent Improvements, and
Substantial Improvements shall comply with all other applicable Flood Hazard reduction
provisions of Section 5.
5.8 FLOOD RELATED EROSION PRONE AREA.
5.8.1 The Floodplain Administrator shall require permits including FUPs for proposed
construction including New Construction, Subsequent Improvements, and Substantial
Improvements, and any other Development within all Flood Related Erosion Prone Areas as
known to the Community.
6Floodways may not always be designated within each Area of Special Flood Hazard. The owner
and/or developer are yet responsible to obtain engineering for such Flood Hazard(s).
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e.K
3617 F'G 735 FEE:::2000060848
5.8.2 Permit applications including those for FUPs shall be reviewed to determine
whether the proposed site alterations 2nd improvements together with Developmen t, including
New Construction, Subsequent Improvements, or Substantial Improvements, will be
reasonably safe from Flood Related Erosion and will not cause Flood Related Erosion
Hazards or otherwise aggravate the existing Flood Hazard. The applicant shall provide
adequately engineered reports prepared by an Arizona licensed, registered engineer,
establishing how any erosion problem is mitigated and how neighboring property will be
affected.
5.8.3 If a proposed Development is found to be in the path of Flood Related Erosion
or
would increase the Erosion Hazard, such improvements shall be relocated or adequate
protective measures shall be taken to avoid aggravating the existing Erosion Hazard.
5.8.4 Within Zone E on the FIRM, a Setback is required for all New Development or
Development including New Construction, Subsequent Improvements, or Substantial
Improvements from the lake, bay, river front, or other body of water to create a safety buffer
consisting of natural vegetative or contour strip. This buffer shall be designated according to
the Flood Related Erosion Hazard and Erosion Rate, in relation to the anticipated "useful life"
of Structures, and depending upon the geologic, hydrologic, topographic, and climatic
characteristics of the land. The buffer may be used for suitable open space purposes, such
as for agricultural, forestry, outdoor recreation, and wildlife habitat areas, and for other
activities using temporary and portable Structures only.
6.0 VARIANCE PROCEDURE.
6.1 NATURE AND CRITERIA FOR VARIANCES. The Variance criteria set forth in this Section
are based on the general principle of zoning law that Variances pertain to a piece of property and are
not Personal in nature. A Variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this Ordinance would create an
exceptional Hardship to the applicant or the surrounding property owners. The characteristics must
be unique to the property and not be shared by adjacent parcels. The unique characteristic must
pertain to the land itself, not to the Structure, its inhabitants, or the property owners.
It is the desire and intent of the District to help protect its citizens and others from Flooding. FEMA
provides that this is a duty of such Governing Body, with the requirements of this Ordinance being
considered already to be minimums. Thus, the need for compliance is so compelling and the
implications of the cost of insuring a Structure built below the Regulatory Flood Elevation are so
serious that Variances from the Flood elevation or other requirements in the Flood Ordinance should
be rare. The long term goal of preventing and reducing Flood Damage and Flood loss require
Variances to be strictly limited and utilized only when all necessary criteria are met. Therefore, the
Variance guidelines provided in this Ordinance are more detailed and contain multiple provisions that
must be met before a Variance can be properly granted. The criteria are designed, intended, and shall
be applied to screen out those situations in \'/hich alternatives other than a Variance are more
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BK 3617 PG 736
fEE:::2000t)6(t843
appropriate.
6.2 APPEAL BOARD.
6.2.1 The Floodplain Board of the District shall hear and decide Appeals and requests
for Variances from the requirements of this Ordinance.
..
6.2.2 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 Ordinance.
6.2.3 In passing upon such applications, the Floodplain Board shall consider all technical
. evaluations, all relevant factors, standards specified in other sections of this Ordinance.
Therewith, the Floodplain Board shall consider the following:
~ 6.2.3.1 The danger of such Variance having an Adverse Impact, including
Structures or materials being swept onto other lands to the injury of those other
lands, Persons, or others.
6.2.3.2 The dcmgerof Adverse Impact, Flood Damage, orFlood loss to body,
life, and property due to Flooding, Flood Related Erosion damage, or Erosion
damage.
6.2.3.3 The increase in susceptibility of the proposed Structure or other facility
and its contents to Flood Damage and the effect of such damage on the Person(s).
6.2.3.4 The importance of the Variance to allow services, and in particular
essential services, to the Community, which can be provided only by the Structure
or other facility being constructed as proposed, and which Structure or other facility
proposed for Variance cannot be completed in the proposed manner or other
reasonable variation thereof, without the Variance, and there is therewith a
negative determination as to Subsection 6.2.3.6.
6.2.3.5 Where applicable, the necessity for the Structure or other facility to be
placed on a waterfront location, and there is therewith a negative determination as
to Subsection 6.2.3.6.
6.2.3.6 The availability of alternative locations for the proposed Structure,
other facility, or use, which alternatively are not subject to Flooding, Erosion
damage, or other Adverse Impact vicinity.
6.2.3.7 The compatibility of the proposed use with existing and anticipated
Development(s) within the geographic area.
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BK 3617 PG 737 FEE:::2000060848
6.2.3.8 The relationship of the proposed use to the general plan, area plan (if
any), and/or Floodplain Management program for that area.
6.2.3.9 The safety of access to and from the property in time of Flood or
Flooding for ordinary and emergency vehicles.
6.2.3.10 The expected heights, velocity, duration, rate of rise, and sediment
transport of the Flood waters expected at the site; and,
6.2.3.11 The costs of providing governmental services during and after Flood
conditions, including maintenance and repair of public utilities and facilities such
as sewer, Community septic, gas, electrical, and water system, and streets and
bridges.
6.2.4 Upon consideration of the factors of Subsection 6.2.3 and the purposes of this
Ordinance, the Floodplain Board may attach such conditions to the granting of any Variance,
as it deems necessary to further the purposes of this Ordinance.
6.2.5 Any applicant to whom a Variance is granted shall be given written notice over the
signature of a Community official that:
6.2.5.1 The issuance of a Variance to construct a Structure below the Base
Flood level will result in increased premium rates for Flood insurance up to
amounts of Twenty-Five Dollars ($25.00) for One Hundred Dollars ($100.00) of
insurance coverage or higher; and,
6.2.5.2 Such construction below the Base Flood level increases risks to life
and property.
6.2.5.3 The land upon which the Variance is granted shall be ineligible for
exchange of land pursuant to any Flood relocation and land exchange program,
including A.R.S. Ttl. 26, Ch. 2, Art. 2.
6.2.6 A copy of the notice shall be recorded by the Floodplain Board in the office of the
MohaveCounty Recorder and shall be recorded in a manner so that it appears in the chain
of title of the affected parcel of land.
6.2.7 The Floodplain Administrator shall maintain a record of all Variance actions, as
required by this Ordinance, including justification for their issuance, and report such Variances
issued in the biennial report submitted to FEMA.
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6.3 CONDITIONS FOR VARIANCES.
6.3.1 Generally, Variances may be issued for New Construction, Subsequent
Improvements, and Substantial Improvements to be erected or placed on a lot of one-half
(JI/2) acre or less in size contiguous to and surrounded on all sides by lots with existing
Structures constructed below the Base Flood Elevation, providing the procedures and
provisions of this Ordinance including, without limitation, Sections 4.0 and 5.0 together with ,--
Subsection 6.2.3, have been fully considered. As the lot size increases beyond one-half (1/2)
acre, the technical justification required for issuing the Variance increases.
6.3.2 Variances may be issued for the repair, rehabilitation or restoration of Structures
listed on the National Register of Historic Places or the State Inventory of Historic Places,
upon a determination that the proposed repair or rehabilitation will not preclude the Structure's
continued designation as a Historic Structure and the Variance is the minimum necessary to
preserve the historic character and design of the Structure.
6.3.3 Variances shall not be issued within any designated Floodway if any increase in
Flood levels during the Base Flood discharge would result.
6.3.4 Variances shall not be issued within any designated Floodway if there would be a
probable Adverse Impact to Person or property.
6.3.5 Variances shall only be issued upon a determination that the Variance is the
minimum necessary to afford relief, considering the Flood Hazard.
6.3.6 Variances shall only be issued when the applicant establishes:
6.3.6.1 A showing of good and sufficient cause;
6.3.6.2 A determination that failure to grant the Variance would result in
exceptional Hardship to the applicant; and
6.3.6.3 A showing that the proposed use or use cannot perform its intended
purpose unless it is located or carried out in close proximity to water. This includes
only facilities defined in Section 2.0 of this Ordinance in the definition of
"Functionally Dependent Use."
6.3.6.4 A determination that the granting of a Variance will not result in
increased Flood heights, additional threats to public safety, extraordinary public
expense, nuisances, fraud on or victimization of the public or conflict with existing
Laws.
6.3.7 Any Variance granted shall contain therein, written notice over the signature of a
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BK
3617 PG 739 FEE:::2000060848
Community official that:
6.3.7 .1 The insurance of a Variance to construct
a Structure below the Base
Flood Elevation will result in increased premium rates for Flood insurance up to
amounts as high as Twenty-Five Dollars ($25.00) for One Hundred Dollars
($100.00) of insurance coverage.
..
6.3.7.2 Such construction below the Base Flood Elevation
increases risks to :
Persons, including body, life, and property.
6.4 VARIANCE FEES. The application for Variance shall include payment of fees as follows:
6.4.1 Fifty Dollars ($50.00) for request for Variance prior to construction.
6.4.2 One Hundred and Fifty Dollars ($150.00) for request for Variance after Start
of
Construction.
7.0 REQUIREMENTS FOR AREAS IN THE VICINITY OF COLORADO RIVER.
7.1 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The Area of
Special Flood Hazard located in the Colorado River Floodplain identifed by the FIA in a scientific and
engineering report entitled "The Flood Insurance Study for Mohave County, Arizona Unincorporated
Areas, October 20,2000" or such later version as may exist with an accompanying FIRM and the area
of the Colorado River mapped by the U.S. Department of the Interior, Bureau of Reclamation and
subject to provisions of Public Law 99-450, Colorado River Floodway Act, are the minimum areas of
applicability of this Ordinance. Minimum areas may be supplemented by studies for other areas which
allow implementation of this Ordinance and which are recommended to the Floodplain Board by the
Floodplain Administrator.
7.2 COLORADO RIVER FLOODWAY FRINGE. The following provisions apply:
7.2.1 Fill. permanent Structures or buildings, including residential Structures, may
be
placed or erected in the Floodway Fringe, provided, in the case of buildings, that the elevation
of the Lowest Floor (including Basements) is at least one foot above the Floodway elevation.
7.2.2 Land may be filled, provided the top of the fill shall at no point be below
the
Floodway elevation for at least NJenty-five feet beyond the limits of any Structure erected or
placed thereon and that the placement of the fill meets the fill compaction criteria of Part 65.5
of the NFIP regulations.
7.3 FLOOD RELATED EROSION PRONE AREAS OF THE COLORADO RIVER FLOODWAY
FRINGE AREA.
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BY- 3617 PG 740 FEE~2000060348
7.3.1 The Floodplain Administrator shall require permits including FUP'S for proposed
construction and other Development within the Floodway Fringe area of the Colorado River.
7.3.2 Any requests for permits, including FUPs, shall be reviewed to determine whether
the proposed site alterations and improvements will be reasonably safe from Flood Related
Erosion and will not cause Flood Related Erosion Hazards, Erosion Hazard, Flood Hazard or
otherwise aggravate any propensity for Flooding.
7.3.3 If a proposed improvement including Development, New Construction, Subsequent
Improvement, or Substantial Improvement is found to be in the path of Flood Related Erosion
or would increase erosion or an Erosion Hazard, such improvement shall be relocated or
adequate protective measures shall be taken to avoid aggravating the existing Erosion
Hazard.
7.3.4 A Setback from the Floodway is required for all New Development and
Development including, without limitation, New Construction, Subsequent Improvements, and
Substantial Improvements so as to create a buffer and to provide access to the Floodway for
possible maintenance and improvements work. The buffer may consist of a natural vegetation
or contour strip. This buffer shall be designated according to the Flood Related Erosion
Hazard and Erosion Rates in relation to the anticipated useful life of Structures, and
depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land.
The buffer may be used for suitable open space purposes, such as for agriculture, forestry,
outdoor recreation, and wildlife habitat areas, and for other activities using temporary and
portable Structures only.
7.3.5 A waiver to the Setback requirements may be granted if it can be demonstrated that
adequate Erosion and flow velocity protection can and will be constructed and provided that
the Erosion protection meets the applicable parts of Part 65.5(a) (6). of the NFIP regulations.
All plans for Erosion and flow velocity protection must be reviewed and approved by the
Floodplain Administrator.
7.4 COLORADO RIVER FLOODWA Y. Those lands located within Areas of Special Flood Hazard
along the Colorado River are designated the Colorado River Floodway.7 Since the Floodway is an
extremely hazardous area due to the velocity of Flood waters, which carry debris, potential projectiles,
and Erosion potential, the following provisions apply:
7.4.1 Encroachments, including fill, New Construction, Substantial Improvements, and
other Development are prohibited. Necessary river control, water conservation, power, water
quality Structures and related works, and improvements and alterations to approved
Structures associated with allowed uses of the Floodway under Subsection 7.6.2 are
excluded from this prohibition.
7The Colorado River Floodway is administered by the United States Bureau of Reclamation.
Page 38 of 40
PAGE: -4-4 OF ~5
BK 3617 PG 741 FEE~2000060348
7.4.2 Allowed uses of the Floodway may include functions and uses that serve the pub!ic
interest and that are compatible with the Floodway operation and that will not cause a rise of
one foot (1 ') in the Floodway elevation. These may include river control, water conservation
and diversion, power, and water quality Structures and related works; remedial or corrective
actions including, but not limited to, drainage facilities to assist in controlling adjacent high
ground water conditions caused by Flood flows; public and tribal roads; military activities; fish
and wildlife enhancement projects; navigational aids; emergency action assistance; public "
health assistance; compatible public, private, and tribal recreational Developments such as
parks, golf courses, recreational developments such as parks, golf courses, docks, and boat
launching ramps; and compatible agricultural uses that do not include permanent crops which
would constitute an obstruction to river Flood flows.
APPROVED, PASSED, AND ADOPTED this to \ h day of Nn Il 2000.
MOHAVE COUNTRY FlOO.ONTROl DISTRICT, a political
. subdivi 'on of the State of Ar' aha
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Page 39 of 40
"
PAGE ~5 OF ~5
e.K 3617 PG 7~2 FfE:::20000608~8
STATE OF ARIZONA )
)55.
County Of Mohave )
The foregoing instrument was acknowledged before me this ~ day of N ~t) € In bWooo, by Buster
D. Johnson, Chairman of the Board of Supervisors of Mohave County, a body politic and corporate of the State
of Arizona, sitting as the Board of the Mohave County Flood Control District, a political subdivision of the State
of Arizona.
(;) ('-' L, fJ. ---c:.
fJ1 . k-. .
Notary Public
My Commission Expires:
.
O~FIC;IAL S..AL
.
e PAr.,. CHAST^,~.
, . tlOTA.9f ?UBUC..A.,<1lO1I.!>,
. . MC~VE. GoutnY
'. '. My Con-.m. opi(~s F~iJ. 5. 20')1
STATE OF ARIZONA)
)55.
County Of Mohave )
The foregoing instrument was acknowledged before me this U th.- day of'1 VYlJ.t\'ll 6,,,,, 2000, by Pat
Chastain, Clerk of the of the Board of Supervisors of Mohave County, a body politic and corporate of the State
of Arizona, sitting as the Board of the Mohave County Flood Control District, a political subdivision of the State
of Arizona.
m~ ~u?-~
Notary Public
My Commission Expires:
=<==
e w",,,,,,,
C:\WINOOWS\ TEMP\omer.dednoodconb'olregsord. wpd '. p; ,~~Ra~.F~~ BRACKEN
. - '. Hu IA~Y .-J:L:C.A,";lONA
~. . ", ~~J'-iAV~ COUNTY
. ,,' M'I CaGr... Ex.:ir:; r~=. 27, 2C04
Page 40 of 40