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HomeMy WebLinkAboutOrdinance 2018 ORDINANCE NO . czO / S } AN ORDINANCE AMENDING CHAPTER 6 , ARTICLE 3 , DIVISION 3 OF THE CITY CODE OF ORDINANCES KNOWN AS AMENDMENTS , ADDITIONS AND DELETIONS TO THE BUILDING CODE OF THE CITY OF FAYETTEVILLE , ARKANSAS ; PROVIDING FOR THE ADOPTION AND ENFORCEMENT OF LAND USE MEASURES WHICH WILL HELP PREVENT AND ALLEVIATE FLOOD HAZARDS AND LOSSES IN FLOOD PLAIN AREAS OF THE CITY : AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF ,/ FAYETTEVILLE , ARKANSAS : Section 1 . Chapter 6 , Article 3 , Division 3 , of the Fayetteville Code of Ordinances is hereby amended by adding a section to read as follows : Sec . 6 - 94 . Chapter XXIX Added . CHAPTER XXIX CONSTRUCTION IN FLOOD PLAIN 2901 . - GENERAL . It is hereby found and declared that there are certain areas in the City of Fayetteville which have suffered from and are threatened by floods and hazards incident to flooding ; that flooding in these areas is a potential cause of destruction of life and property , contributes to the spread of disaster - related diseases , and constitutes a hindrance to the economic development of these areas and endangers the health , safety and welfare of the residents of this City . 2902 - INTENT . Whereas insurance with Federal reinsurance or other Federal assistance is available to those cities having adopted adequate land use and control measures consistent with Federal criteria , it shall be the intent of the City of Fayette - ville to adopt appropriate measures to prevent and lessen these flood hazards and losses to the maximum extent feasible and to discourage the development of land by improvements which are exposed to flood damage , guide the development of proposed con - struction away from locations thus threatened , assist in reducing 869 , . $' 363 DATE MICROFILMED OCT 61978 REEL�- - damage caused by flood and otherwise improve long - range management in , and use of , areas lying within the flood plain . 2903 - SCOPE . These regulations shall apply to all existing and proposed construction and all filling and excavation operations lying within and below the projected 100 - year frequency flood plain elevation . 2904 - DETERMINATION OF FLOOD ELEVATIONS . All flood elevations referred to herein shall be based on the hydrographical information made available by the United States Corp of Engineers at the time of consideration of any development within the flood plain . 2905 - NEW CONSTRUCTION AND ADDITIONS . New construction or additions for residential and non -residential structures ( including prefabricated and mobile homes ) within the area of special flood hazards shall : ( a ) Have the lowest floor ( including basement ) elevated to or above the level of the 100 - year flood . (b ) Be flood proofed up to the level of the 100 - year flood . ( c ) Be designed ( or modified ) and anchored to prevent flotation , collapse , or lateral movement of the structure . (d ) Use construction materials and utility equip - ment that are resistant to flood damage , and ( e ) Use construction methods and practices that will minimize flood damage . EXCEPTION : Non - residential structures together with attendant utility and sanitary facilities may be flood proofed up to the level of the 100 - year flood in lieu of compliance with requirement 2905 ( a ) . 2906 - REPAIRS OR ALTERATIONS . Repairs or alterations , as defined in Section 101 . 4 of this Chapter to residential and non - residential structures shall : ( a ) Use construction materials and utility equip - ment that are resistant to flood damage ; ( b ) Use construction methods and practices that will minimize flood damage . 869 . . 364 2907 - WATER SUPPLY SYSTEMS AND SANITARY SEWAGE SYSTEMS . New or replacement water supply systems and / or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters , and require on site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding . 2908 - SUBDIVISIONS AND OTHER PROPOSED NEW DEVELOPMENTS . All subdivision proposals and other proposed new developments shall be revised to assure that : ( a ) All such proposals are consistent with the need to minimize flood damage ; (b ) All public utilities and facilities such as sewer , gas , electrical , and water systems are located, elevated and constructed to minimize or eliminate flood damage ; (c ) Adequate drainage is provided so as to reduce exposure to flood hazards ; (d ) All subdivision plat approvals shall be consistent with the provisions of SECTION 2905 as set forth herein . 2909 - LAND USE . No land use , including landfill or excavation , may be permitted within the flood plain area having special flood hazards unless the applicant for the land use has demonstrated that the proposed use , when combined with all other existing and anticipated uses , will not increase the water surface elevation of the 100 - year flood more than one foot at any point . 2910 - NEIGHBORING FLOOD PLAIN MANAGEMENT PROGRAMS . Con - sideration of applications for building , repair , or use permits shall take into account flood plain management programs , if any , already in effect in neighboring areas . 2911 - PRECEDENCE OF FLOOD PLAIN REGULATIONS . Within the flood plain area having special flood hazards , the laws and ordinances concerning land use and control and other measures designed to reduce flood losses shall take precedence over any conflicting law , ordinance , or codes . Section 3 . Effective Date . This ordinance shall be in full force and effect thirty - e days from and after its passage 869 365 and publication of this ordinance in accordance with law ; and no ordinance or resolution shall be deemed repealed hereby except to the extent of any conflict herewith . Section 4 . Penalities . : The penalty for violation of any provisions of this or3inance shall be as established in Section 114 of the Building Code of the City of Fayetteville . PASSED AND APPROVED THIS DAY OF , 1974 . APPROVED : MAYOR v 6e2J Ll YA 1 LK : . . : 86956 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I , DARLENE WESTBROOK , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy of the Fayetteville , Arkansas , �� CGCd�rtp�i , ojp/R therein set forth , and the same is as it appears of Record in t2_t� yy Qay [?c( ic p �U , Volume V at Page /.44- I37 thereof . m IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this day of tit CERTIFICATE OF RECORD CITY CLERKJe T'. • , '•rte SS. Ilmeyer, Circuit Clerk and Ex-Officio Record :r for : - . w2 -!'in^ton County, do hnelay certify that the ann_xed .r fore- , s ru::iant was filed for record in my office on the/L day §laat ock an thesarn is rd recoat page �/ Q 'lu. inr - -ied in � -7 19 hand and seal thisj,2day of Circuit Clerk and Ex-officecor ed BY �{ Deputy Clerk y/ M9 r I ORDINANCE NO. 2018 1 AN ORDINANCE AMENDING CHAP_! TNR. 4 'MEMOL7 A DTVM" I OF THE NMD STATE of ARKANSAS 1 AIA J} OODE KNOWING as. V3" . County of Washington7111111 .gyp /�'l yam . I, _ . ` . _.I . , hereby certify that I ffi RR y 7'�, y�+�I am the Puh�iaher of THE NORTHWEST ARKANSAS TIMES, a daily F Dm1eCTORf A OM '^"' "' newspaper having a second class mailing privilege, and being not less than FA1TPrDYDAi, Aii Tin s.etim 1. Chaster 4 Ar1kM 4 DMmn four pages of five columns each, published at a fixed place of business and at '4 of Aa P '�' M � a fixed (daily ) intervals continuously in the City of Fayetteville, County of b a distant Washington, Arkansas for more than a period of twelve months, circulated Oft. 44k• thwM i71a Added and distributed from an established place of business to subscribers and IL Rulamsto readers generally of all classes in the City & County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is Ip considered the value of the publication, based upon the news value and fent Gas and ire �� service value it contains, that at least fifty flumes atl is ands seel0rt y percent of the subscribers Uwtlm*".ig bM'amMVUY a thereto have paid cash for their subscriptions to the newspaper or its agents Z= hehutllon of lYe ape Pcparp, Z= m tee qnW q aeplth� or through recognized news dealers over a period of at least els months ; salad W the 0 "� • Meof and that the said newspaper publishes an average of more than forty percent theca a b gnemiC tme as out al bee arms ela a of w Iha iraof news matter. this c eft waYan a b raWeete of tete ab. I further certify that the legal notice hereto attached in the matter of Who DrllsrlT. Neem tlevanea ' from Feudal NmpaeOe of mer nd aft dn"frodaavmWpem�n�Opa�tpm8 aaaeMnta�Mas s a maN I NW Naar lbaibemmpt frim ._-.._._D, t-(.�I--=-t.C.rt--_ _-¢SL.�f.---.-._---_.------------._-___---_.._of ties coy Faenl ori ata, ► eNl t e lea hrtent prmM to . adoo�t W Pem noes 'w. mthe was published in the regular daily issue of said newspaper for_. .... ...f...-. . . .. nmuiomailm m( 1y� "r- -eerroeen6lve insertions as follows : am mismenu "I l74 bdtl�lY te ma The first insertion on sm the __. .�5 /. __ day at ._. - 19 .-. eassmal by lone-than' fiy�t, w of, the second insertion on the day of _. 19..-.._.._. alwaa lytef'. the 0� Olala implye to tame tgyatNm again 1- --------- 19----------- w u4Nos. aq pappma eon- the third insertion on the __ _ day of _ ____.- ------------ Internet and all w amaeaum operatloH btek a ala hamw the _ 1 p1ej*Krad IWY"ww ty" and Wal" and the fourth insertion on the _ _. day ..-- -...( _._ N01 DETERMINATION OF FLOOD L Eferred In S.b to flood bond on ms threrrea m berate nfo a hassd de me hyeru y the al Stake main avetnmr to M Idle r M tAnp .a of n y at b e �-- Of ro baeptlpp Wain any derNuserm"--wKbhr- - figed Sworn to and subscribed before me on this day of _ __-.._...._ 2805 - MM 01108TRUCTION AND L ADDITION$. NW ,ams tion or aa- ditloe for reildenttal and en-realMnaal stmentrea (including Prefabricated and mobile bomm) wltpE the ane or special flood heaede mall: ,. (U Hare Ym Imrtet rmor tlndvam$ _______________ 4T�K r� bemme14 Novated d. m abon me Mel No y Public of ) Benow tired (th e teed Most. tip m b NrN of me 100-you Nod (c) rte deigned for modified) and anchored to prevent notation. coil"", COIDmieelOn Expires: or lateral movement of the spearmint. (d) m mastneuoa materials and //•� � � � Utility ewipnenl that M regi Y t maM ��C-LtiL /U flood dap. and – �/— (e) Dp sme"mage telhete me (/ pnaticea that war mmrmin Dodd dem site. ExCEP EIG: Nan-reateeattel stns. Fees for Printing tures torrelmr wive attendant it" and military mane may be neer promed up to me lent of the 100-year Oast . In lieu of consonance COBC Of PTOO[ . --- ..._.. ..nce with requirement - ;.--------._------------ M (a). 29se - REPAIRS OR ALTERATIONS. 1 Repairs or alterWea cTotal V , canned 1n Section 1011 of this Chapter In resides. tin] and tan-residential structure a mall: (a) Use ennsWetlm materials and uWlly egmmee that an resistant to flood damage: (b) Use eekmNon rtteeads and preetine that will hum nim flood damage. 29m - WATER SUPPLY SYSTEMS AND SANITARY SEWAGE SYSTEMS. New w replacement imur• apply rya tens and.m maltary mwep eyNems shall be deslged in mlNmlte or rumi- nate Infiltration of flood asters Into the systems and dlacharps from we systema into tend Naten, and require on site wase dispoepl gNama to M located so as to avoid Impalement of them or contaminaneP hggqii mem tlu the floedeg. 2808 - 91713 16IONS AND OTHER PROP'0® 9M DIDY'II@Ualfre An subdivision Pnemis and other proposed new develops W Shell be mime to future that: hat All sues proposals am consistent wits, till need to mm1m',u flovl damage. rpi All pthlle ub.Ltles rands fW, L Ws at,ry sewer as, cstems are loomed, elevetM area care I etrocted to minimus or ellminet0 Dodi damage: Icl Adeeuate drainage is provided Ad eato(dl A1edli uce expsure to subdivision plat approvals rovassjtn- cluding a ' he consistent with the previsions SECTION 2903 as set forth herein. 2909 - LAND USE. No land W.landfill or excavation_ maypermitted within the [hood plain having special flood hazards unlessapplicant for the [anededuNhahenetitrated that A propo r°honed with all other existing and a,.Wit uses, wilt not increasethe wmgurfaise ore then oW toot el enolh 2m - NEIGHBORING FLOOD PLAIN MANAGEMENT PROGRAMS. Comlderm don of applications for building, repair. In or eaplPerot ain Anaga anshall 111t p Brame,count If , Rand any, already In effect In nelghboring areae. 2911 - PRECEDENCE OF FLOOD PLAIN REGULATIONS. Within the (hooch plain area havina special finoe hazards the laws and nMmances concerning land use and con and othela uo's oeaes designed to reduce flood niall take precedence over Any ccMicling law. ' ordinance, or cocoa. Pectic S Etfecdve Date. This ordl- once shall he In full force and effect thirty-one days [rem and Miller lug pusage and publication of this ordinance in accordance with law: and no ordln- ance or resolution shell he deemed [ repealed hereby except W the extent ) of any n lR� 'te l]AMNA1a pawky par Sectio a violation of ny, M deloni of Nle ordln sale atoll he as eM011mm In SecLon 111 of the BWlding Code of that of Fayetteville. DAPASSED V OF ]UNEP PROVED THIS 1974. APPROVED'. RUSSELL T. .PURDY MAYOR ATTTEST: (Seal) DARLENE P'ESTBROOK CITY CLERK ltc 29