HomeMy WebLinkAboutOrdinance 2764 00
ORDINANCE N0 . Eip� � � F✓y/ �i �'
AN ORDINANCE AMENDING SECTION 6- 94 OF THE FAYETTEVILLE
CODE OF ORDINANCES TO ADOPT AMENDMENTS TO THE FAYETTEVILLE
CODE OF FLOODPLAIN BUILDING AND DEVELOPMENT REGULATIONS .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS .
Section 1 . The amendments to the Fayetteville Code of
Floodplain Building and Development Regulations set out in
EXHIBIT "A" , attached hereto and made a part hereof , are hereby
adopted by reference thereto as if set out fully herein . Three
copies of said amendments shall be maintained in the Office
of the City Clerk .
Section 2 . The amendments to the Fayetteville Code of
Floodplain Building and Development Regulations set out in
EXHIBIT " B" which is the Federal Insurance Administration
engineering report entitled "THE FLOOD INSURANCE STUDY" for the
�J City of Fayetteville , Washington County., Arkansas , dated July
20 , 1981 , attached hereto and made a part hereof, are hereby
adopted by reference thereto as if set out fully herein .
Three copies of said amendments shall be maintained in the
Office of the City Clerk .
Section 3 . The accompanying Flood Insurance Rate maps
identified as EXHIBIT "C" and Flood Hazard Boundary - Floodway
maps identified as EXHIBIT "D" , dated January 20 , 1982 , attached
hereto and made a part hereof, are hereby adopted by reference
thereto as if set out fully herein . Three copies of said maps
shall be maintained in the Office of the City Clerk .
Section 4 . The Board of Directors hereby determines
that the proper regulation of development within the floodplain
areas is essential to the public welfare and that the immediate
passage of this ordinance is necessary for such regulation .
Therefore , an emergency is hereby declared to exist , and this
ordinance being necessary for the public health , safety , and
welfare shall be in full force and effect after its passage .
PASSED AND APPROVED this c.)VtA day of 1()ttV,i qtJ
1981 .
APPROV D
/Z;S
•.••f A 1�.•� • • . MAYO
CITY CLERK et
E OF RjWpo
/ State of Arkansas
" City of Fayetteville ( SS
" poi
I, ,Vivian Koettel, City Clerk and Exd)fficfo
recorder for the City of Fayetteville, do here-
by certify that the annexed or foregoing is
Of record in my office and the same ap. (� ( �
-lean
in .Ordinance 6S�Resolution book � 111i51 519
—+"a a--at Page---,- Witness my
hand and seal this '41�ko
day of
City Clerk and fix-OfficioioRecorder ���•�,:ay%LQ
CERTIFi ; ATE OF
STATE OF ARKAf1S: ; c
Washin."ton County
I, Alma L. Kollmoycr, Circ-it C!,r.`, and Cx-Cf[icio R
Washington County, co herJby cortfy the t thJ ana^x:^oo�r�t
goin inStrumcnt was fil-d for rccortiin r. :7 icc on ;hg1_L
Of � 19&a. o'clJ-k 4.1, and the som / p
duly recorded in_ rccord S at pafeol 1
Witness my hand and sea i -day of _19AI
Circuit Clerk and I
ced,
Ely- = =
Deputy Clerrk
E X H I B I T A "
Amendments to the Fayetteville Code of Flood Plain Buil -
ding and Development Regulations .
1 . Section 2904 is hereby amended to read as follows :
The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study
for the City of Fayetteville , Washington County ,
Arkansas " , dated July 20 , 1981 , with accompanying Flood
Insurance Rate Maps and Flood Hazard Boundary- Floodway
Maps bearing the identification " effective date : January
20 , 1982" and any revision thereto shall be the controlling
regulations for purposes of complying with the requirements
of the National Flood Insurance Program ,
2 . Section 2910 is hereby amended by amending the definition
of "Area of Special Flood Hazard" to read as follows :
AREA OF SPECIAL FLOOD HAZARD - is that land which is
located in the flood plain within a community subject
to flooding by a base ( 100 year frequency ) flood .
Special flood hazard areas are designated on the Community
Flood Plain Management Maps as set out below :
1 . Community Flood Insurance Rate Map ( FIRM )
EXPLANATION
ZONE
A . Areas of 100 year flood ; base flood elevations
and flood hazard factors not determined .
A0 . Areas of 100 year shallow flooding where depths
are between one ( 1 ) and three ( 3 ) feet ; average
depths of inundation are shown , but no flood
hazard factors are determined .
AH . Areas of 100 year shallow flooding where depths
are between one ( 1 ) and three ( 3 ) feet ; base
flood elevations are shown , . -but no C, flood hazard
factors are determined .
Al - A30 . Areas of 100 year flood ; base flood elevations
and flood hazard factors determined .
eu1051 520
2 -
2 . Flood Hazard Boundary - Floodway Map
FLOODWAY FLOODWAY - Special areas of the Base ( 100
Year ) Flood Boundary . See " FLOODWAY" .
3 . Section 2921 is amended to read as follows :
The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study
for the City of Fayetteville , Washington County ,
Arkansas " , dated July 20 , 1981 , with accompanying Flood
Insurance Rate Maps and Flood Hazard Boundary- Floodway
Maps bearing the identification " effective date : January
20 , 1982 " and any revision thereto shall be the controlling
regulations for purposes of complying with the requirements
of the National Flood Insurance Program .
4 . Section 2931 ( 7 ) is amended to read as follows :
( 7 ) When base flood elevation data for the City ' s FIRM
map has not been provided to the City by the Federal
Administrator of the National Flood Insurance Program
the Buildin Ins ection Superintendent shall obtain ,
( Lo
ca Administrator )
and reasonably utilize any base flood elevation data
available from a federal , state , or other source , in
order to administer the provisions of Sections 2941
and 2942 of these regulations .
5 . Section 2933 ( 8 ) is hereby amended by striking the term
" ( Zone ' A ' ) " in the first paragraph and by adding subpara-
graph ( iii ) to read as follows :
( iii ) The proposed development is to be located within
a designated floodway area and where such variance would
cause any increase in the flood levels during the base
flood discharge at that site .
6 . Section 2941 is hereby amended by amending the first
unnumbered introductory paragraph to read as follows :
In all of the special flood hazard areas , as set
out in the Federal Insurance Administration Engineering
report entitled "The Flood Insurance Study" and as shown
on the Community FIRM and FLOODWAY Maps referred to
in Section 2921 of these regulations , the following
provisions are required .
7 . Section 2941 ( 1 ) is hereby amended to read as follows :
1 . RESIDENTIAL CONSTRUCTION5? i
New construction or substantial improvement of
any residential structure shall have the lowest
I
3
habitable floor , attached garage floor , basement
floor , furnace , water heater and air conditioning
equipment elevated a minimum of two ( 2 ) feet above
the base flood elevation . Such construction shall
be anchored to prevent flotation , collapse or lateral
movement of said structure .
j
y This special anchoring however , is not required
s{ in those cases where the structure is elevated
f. by placement upon a " fill " and the elevation of
khat " fill " is two ( 2 ) feet or more above the base
flood elevation .
A registered professional engineer , architect or
land surveyor shall submit to the Build in Ins ection
Su erintendent a certification that t e Stan ar s
of t is subsection have been satisfied . This certification
shall include the location of and elevation of
a bench mark at the site from which the elevation
of the finished floor can later be verified .
Should the residential construction site be located
out of but adjacent to a special flood hazard area ,
the provisions set out above shall apply just as
if said site was actually located within the Flood
Hazard Area .
8 . Section 2941 ( 3 ) is hereby amended by amending the
first paragraph to read as follows :
( 3 ) MOBILE HOME
No Mobile Home shall be placed in a designated
floodway except in an existing mobile home park
or existing mobile home subdivision .
The placement of mobile homes in any special flood
hazard area outside of a designated floodway shall
be regulated as follows , provided , existing mobile
home parks and mobile home subdivisions shall be
exempt from these regulations and persons locating .
mobile homes in existing mobile home subdivisions
and parks shall not be required to comply with
these regulations :
9 . Sections 2941 ( 3 ) ( a ) , ( b ) , and ( c ) , are hereby amended
by deleting the term " ( Zone W ) " .
10 . Section 2941 is hereby amended by adding Subsection ( 4)
to read as follows :
11151 522
_ 4 _
Section 2941 entitled SPECIFIC STANDARDS FOR CONSTRUCTION
is amended by adding subsection FLOODWAYS to read as ollows :
( 4 ) FLOODWAYS
Floodways located within areas of special flood hazard
established in Section 2921 of these regulations are
hereby designated as floodways . 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 shall apply :
( a) Encroachments are prohibited .
Encroachments are prohibited , including fill , new
construction , substantial improvements and other
developments unless , by reason of rechannelization ,
special construction , etc . , certification by a
registered engineer , architect or land surveyor is
provided demonstrating that the proposed encroachments
shall not result in any increase in the flood levels
during occurance of the base flood discharge in the
floodway .
(b ) If Section 2941 (4 ) ( a) above is satisfied , all new
construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions
of Article 5 of these regulations .
(c ) Prohibit placement of any mobile homes , except in an
existing mobile home park or subdivision .
(dJ Prohibit placement of and / or the storage of any type
of materials in a designated floodway area , except
in an existing storage area .
11 . Section 2941 is hereby amended by adding Subsection ( 5 )
to read as follows :
x;, 1351 523
- 5
( 5 ) SHALLOW FLOODING (AO AND AH ) ZONES
Standards for areas of shallow flooding ( AO and
AH) zones , designated as shallow flooding areas
and located within the areas of special flood hazard
established in Section 2921 of these regulations ,
are hereby established in this subsection .
These areas have special flood hazards associated
with base flood depths of 1 to 3 feet where a clearly
defined channel does not exist and where the path
of flooding is unpredictable and indeterminate ;
therefore , the following provisions apply :
( a ) All new construction and substantial improvements
of residential structures shall have the lowest
floor , inclu�ng basement and attached garage
floors , elevated above the crown of the nearest
street to or above the depth number specified
on the FIRM .
( b ) All new construction and substantial improvements
of nonresidential structures shall :
( i ) have the lowest floor , including basement ,
elevated above the crown of the nearest
street or above the depth number specified
on the FIRM ; or
( ii ) Together with attendant utility and sanitary
facilities be completely floodproofed to
or above that level so that any space below
that level is watertight with walls substantially
impermeable to the passage of water and
with structural components having the capability
or resisting hydrostatic and hydrodynamic
loads and effects of bouyancy .
( c ) A registered professional engineer , architect
or land surveyor shall submit a certificate
to the Building Inspection Superintendent ( local
administrator ) that the standards and requirements
of this subsection are satisfied .
i
151 524
CERTIFICATE OF RECORD
STATE OF ARKANSAS
Washin^ton County I SS.
I, Alma L. Kolimeyor, Circ' it Clerk and Ex-Officio Racorder fer
/ Washington County, do horoLy ccrtay that the annexed or ford
./ go going
i . rt., ^nt was
ficrr�rdin myppoffico on thc7y�day
o'rl; :'<ry f�, and the saMilp js
duly recorded in record S at pag09p / /
Witness my hand and seal i _.day of 192/
Circuit Clerk and
y',Ikx Officio Recorded
By_] lA 2 M A 2 Q
Deputy Clerk
"4' ekaatiam andjloodhawd raeiofs vol rt The placemen!d mobile janftsl ba
t 7 �dnnvanedFi44};: ' I any special flood hazard am outside• .
. AO, ArW d Ido rest g1ra11av flooding f d:a Oergeas : )lows. )' ahai 4
YAa1CJI ygo-11 SSC-" j wlera depths are between one (1) and , regulated a follows, provided.
D1ANCIS AMy�NGnM t llcae IS) feel: average depths d a. �+ misting
mobile nanoe parka obi ICr
V. THE TO E;l ADppyund ition are shown, but no flood mobile home subdivisions shall be
torrizare«y LMDYRNia r�v,•ZT.•O" THE Six
rail shallow looding l exempt
ns tla•ating theseregulations
in g 1
..&� CODS J 88.
JAYS7'f%rSV1l.BUnDIND ANDULATIONS. �rhtta drytb art helween obi b l and . existing mobile home wdivisions and
IrL:tIN, '-
Sl� �LOPOI�M MED By THE BOARD j am shown. but ro flood hazard factors '(3� fie: base flood elev parks
regulations:&hall notaired to comply t
OT.DIRa'CrDRS.OF, THE CITY_o AICA701 Areas lW year Road: hax " are hllions mby a�mmded431 nt.by'deleling et. and )the
FA ySTTSVILLE, ARKANSA9."•- , hereby Certify that I
aecbm UyThis em Ont emLL to the ' flood elevations and (load hazard fac- v term "I yAM'A't':.
daily
RtiyaUM .,I Cade d Flpdpliiv' torsdelerenlned.- ' 10. Section 2911 if hereby ameded by
rWitlalR yd (levtlapmenl_Reguta;� t. Flood Hoard Boundary adding Sulxection (41 10 read as TFi NOR IWEST ARKAN6A6 TIMES, e
r-dons vel ml m ERRIeI'g"A a1taM- . ! Fbod%i Map ' tallows;. -,. - COOd class mailing privllaga, and bOIIIB not leea than
4 ddherftagulinE ISIT hereof. are ( areas
FLOODWAY - Special I Wish 2911 entitled SPECIFIC
I ea toy aand dapted d a parcnco thereto, I areas d the Bare ❑W Year) Fba1 B STA.NDARUS FOR CONSTRUCTION 1D8 each, Dubllehed at s fixed place of business and at
r m drat and fully herein Three copies t oundary' Sea "FLOODWAY." I is att�qye ended by adding subectian t0 ,a continuously in the Ctty of Fayetteville, County of
dsaldarsedmentsalullhem,inuln- 3. Sectwn ?921 is amended to read at F 1 FLOOAYSbread as foBos:
j 13 Section
- III FLOOUW f o for more than s period of twelve months, circulated
ed in the War d the City Clerk. Ttss areas d special Good hazard ) Fluodways located wiUin arcaz d
• Sreliarl le The enef Flo d the. identified- sytailso 2l � Code d Floodplain Thareas
by 1M1e Federal d Insurance I special flood cared ntamarea in m established place of business
to subscribers an
fSutldinH ad Development ReHulr j Administration In a scientific and 1 Section 2921 d these regulalions are C1adams in the City & County for a definite prise for
bans set Out in engineering report en- I engineering report entitled "The Flood 1 hereby designated as flood%a". Since Which pT1C0 Wile 11x04 et Whet 1a
titled "THE FLOOD , INSURANCE 1Insurance Study for the City of Fay'et- the Iladway. is an exlremel>• tarot- price Dor annum,
STUDY" far the City d Fayetteville. ' . Wille, Washington County. Arkan- 1 does area due to the velocity of flood If the publieatlOII. based upon the OBWe 'value and
Washington the Cit of Fa et doled : sas dated July 20, 1901, with as waters which carry" debris, Witrtmai BTCOaL Of the subscribers
July W. 19&1 County.
Arkhedansas.
and ' companymg Flood lnsurance - Rale • pcojeclilo and erosion potential, the tins, that at least fifty D 07 iia agents
made a part hereof, arc hereby I Maps and Floud Hazard Boundary. J following provisions`hall apply: {Oi their snbsCilpUOIIa t0 the newspaper
adopted by reference thereto as 9 eel Floodwav Mala: ate.January
W, risco' 1 tat Encroachments
arc prohibited. period OI at least six months;
Out fully herein. Three copies of sold ` tint "tl(eclive date: Januagco, 1�".I Encroachments are prohibited, peWa dealers Ov07 e D
amendments shall be maintained In I and any revision thereto &hall he the j Including fill. ovw construction. a er publishes cep average Of more than [arty percent
1
the(illicit of the City Clerk.- ' aontrolling regulations for Purposes of substantial Improvements and Other D D
I4 -Section 2. -the accompanying Flood complying with the requirements d I developments undess, by reas:m of
Insurance Rate mappss identified as E%- I Ore National Flood Insurance Praj reclumelixation. special aonslruclion.
HIBIT :- _ and Flood Hazard 80YR I .groin, etc., certification by a registered
Hary — Floodway maps azard identified as g. 4cli"^ 290t IA is amended to read I engineer, architeel or land surveyor is 1 the legal not hereto attach0d 1n the matter O
EXHIBIT "D".dated January 20. 19�. . ssfolloas:• ( provided demonstrating that the
attached hereto and made a' part 1 t21 When bane Rod elevation dela 1 proposed encroachments ache not I t�
IhareeL '• arc hereby 'adopted by for the City's FIRM map las not been ! result m any Increase in .Ith Food 1 O /
n:k•nmce herein a; it set out fully ministrator of the National
k-raFlood
In. levels during mm:ame d the bgse � P
Ihercin. Three tapirs of said maps shall suranc Pr H the National Flad lrrl find discharge inthe fl4) (ai a /
be maintained in theOffice of theCity 1 suronce Program the Building Inspce- 1 (01 If Section 2941 :u las above is
t Clerk. `"- • - I lion Superintendent shall obtain, and t satisfied. Ail nnv cunstructiun and
Seetiod 4. 'The Beard d Directors reafombly utilize any hose flood substantial Improvements shall BgulBr daily tsetse Of Bald DBWBpaD07 tOr
hereby determirm' that the proper. elevation data available from a ' comply ' with all applicable flood as follows:
rcinlation of development within the federal, state. w other source. in Order hazard reduction Provisions of Article
Iladplain areas In esuntial to the I to administer the U
provisimts of Sec- . Sof these regulations. � 19
pddic welfare old teal the immediate tions TNlzznl 2of eseregulaliare. l Act Prohibit placement deny mobile On the day Of .
passage d this ordinentt LL nlecefwry, S. Section 299 IEI LL hereby amended homes. except to .a existing mobile
Be such regulation. TLerefars, an 1 fiirrst para rn the he and by rm addi I b ,n the hoidlen)Prohibit prk or amment of ad.'or the 19
emergency 's hereby declared to exist, in the da Ot
and thea ordinance being necessary for i Patriciai7n ImIi paragraph
read tz;follows'
o mownh is to storage of any type of materials in a y
the public health. safety, and welfare 1 hepropnsed p desigastedBoodw'ayami. meeptinan 19
shell Lein fWlforceaet effect and
%elfamafter its . he located within a desighated flood- : existing storage area. I the
� Of
passage , - - Tway arta and where such variance r 11. Section 2911 is hereby amended by
PASSED &%M APPROVED this mlh ; would c0usse any increase in the flood Z adding Subsection (5) to read as T9
levels during the base Clad discharge follows:
day dOctoM. 19a1. Um On the Any Of
. . • _ APPROVED / at that site. 151 SHALLOW FLOODING O AND
John Todd ' ; a Section 2the is Hereby amended DY l All ZONES
MAYOR amending the first unnto and as (loading
for areas of Hallow {`� sus ?
ATTEST: I„ ` IroduclwY paragraph ha reed as flooding IAO and AID , zones, f it l Il
Vivian Koehtel follows: I designnld as shallow finding areas V
CITYCLERK - . . _ In all of the special flood hawed 1 and located within the areas of special
Seal - areas, m set out in the Federal lio- . flood hazard established in Section day Of
sumnize Administration EnHimcring I sell of these regulations., arc hereby
EXIIIBM"A" - 1 . report entitled "Tim Food Insurantt established in this subsection. 'Ibed before me on this �J1.LYYL1r'�
Amendments ta Ore Fayetteville
Code of Flood Plain Building .ad Study" and as shown an Ihe Commun . These areas strip special peed
Development Regulations. ty FIRM and FLOODWAY Maps refer hazards assoeiated .*0 base float
1. Section 2904 is hereby' amended to red to in Section '2W1 d these regula Aeplh d 1 lis a leer where a dmrly Q/ 19 e
rtaa as follow'&: - a - frons• the following provisions am re� defined channel duo not exist ad
on-
,The cress d special flood hazard I Wed• where the path d flooding' a; on-
,The ar by iso Federal Insurancehazard T Seaton 2N1 ll) Is hereby amended predictable and indeterminate: h
to rcadofollows: Ucrcfort. the follo'Ing provisioru \/`"•+.
Administration re in a " he ad 1 RESIDENTIAL CONSTRUCTION , apply:
engineering report booentitledthe
Cit of ayet.Flood Nen, coestr action or substantial im- hal All new construction and sub Nota Public
Uviije. eSldyfwt County,
rkan- rovement of an residential structure stantial improvements of residential ,Iv, pImth , , .,
us".
fail July 2 County, Arkan- ; D y
sea", dated July 10, )sell,ur will au : I anal) have 110 lowest basement 11". structures abase have the lowest floor. ` .0Ili n,i
eompanying Flood Insurance rate.' 11 garagenow. and air ondl- melding basement and attached
the
Maps and Flood Barnett Boundary- furnntt, water healer and aircondi- garage (loon, elevated above the tires:
Fladway Mill's hearing the identilica- 1. tibning equipment elevated a relearn of the overall street to w above n� (. , ••.
tint -'effective dale: January M. 198E I minimum d two 121 feet above the ' the depth number specified on the J I • i •, \'
and any revision therein shall be the' hose flood elevation. Such construction FIRM. ,.I I,
amtrolling regulations for purposes of shall be anchord to Drcvent flomlion, '. Ul NI new construction ed sub
cwnpiving will the requ'vemenLL of collapse w lateral movement d sold stantial improvements 0f 1 A 1
. led National Flood Insurance Pro, I structure' { nonresidenlialsiruclurersnall: . 1 \ ,• ,
This special anchoring however, fit til have the Iwes1 floor, imluding _
gram..: not required in Ilene cases where the . basement, elevated above the crown N \ I I
2, Section 2910 Is thereby amended by
amendstR the definition of "Area of structure is d elevated that "fell" nthe Merest street or above the depth
I the elevation at that Hill" is two 121 . number specified on the FIRM: or • f : f
` Special Flood Ilnwrd" to rcad as fact or move above the base flood liar Together with attendant utility AAA • — •: A" •t <, �_•,
Mallows: . . . . 1• : t
AAREA OF SPECIAL FLOOD eln'alwn' and sanimry facilities be completely
IA7ARD — is that lad which is A registered profasebonl engineer. Rexdpraded to or above that level m — _ , , ,, .
ttcaledin tie floodplain witNnacoro- architect fir land surveyor shall submit that any spare believe that level is
inanity subject to Ilading by a base to the Building Inspection Suprrinlen-; watertight with walb substantially
munity r subject
to
Rad. deal a certification that the standards impermeable to the pass:eRe Of %alar
Special pod bawd anus arc ' of iris subsection have been satisfied and with structural components
disignoted on the Community Flail IThs certification shall include tie' having the capapsility or resisting
Pain Management Maps as set out location d and elevation of a brown hydrostatic and hydrodynamic leads
i before: mark at the sitefrom which theatres- and effects of bory'ancy.
1. Community Flood Insnronee Rate lion of the finished time can later by t _ma�
MaP(FIRM) , verified.
EXPLANATION Should the residential construction
ZONE � - site be (watt out of but adjacent to a
A.-Areas d 100 year flood; base sod special Rood hazard area. the t
rovasifis act Out above shall apply
--- Yusl as if said site wen actually mated
within the Float How rd Area.
a. Section 2911 121 is hereby amended
by amentlOff Ile first paregrapb to
mail as follows:
n21 MOBILE HOME.
No Mobile Home &hall be placed in a
designated flsud%'ov except in an
1 existing mWJa Mme park or existing
mobile Lome subdivision.