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
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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
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mthe was published in the regular daily issue of said newspaper for_. .... ...f...-. . . ..
nmuiomailm m( 1y� "r- -eerroeen6lve insertions as follows :
am mismenu "I
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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
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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