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HomeMy WebLinkAboutOrdinance 3251 - z - PASSED AND APPROVED this 17 day of March 1987 , APPROVED /.OrgL Mayor U S irk {yr f 0 -Z"8i7HC�r"e LIBER 1224 PAGE 873 i PROPOSED FLOOD DAMAGE PREVENTION ORDINANCE I New IIChanged LIBER1224 PAGE 874 60 . 3 ( d ) Revised as of October 1 , 1986 FLOOD DAMAGE PREVENTION ORDINANCE OUTLINE Cross Ref . NFIP Pg . Regulations ARTICLE 1 STATUTORY AUTHORIZATION , FINDINGS OF FACT , PURPOSE 1 AND METHODS . SECTION A Statutory Authorization 1 SECTION B Findings of Fact . . 1 SECTION C Statement of Purpose 1 SECTION D Methods of Reducing Flood Losses 2 ARTICLE 2 DEFINITIONS 3 59 . 1 ARTICLE 3 GENERAL PROVISIONS 7 60 . ( d ) ( 1 ) SECTION A Lands, to Which This Ordinance Applies 7 60 . 3 ( d ) SECTION B Basis for Establishing the Areas of Special Flood Hazard 7 60 . 3 ( d ) ( 1 ) SECTION C Establishment of Development Permit . . . 7 60 . 3 ( d ) ( 1 ) SECTION D Compliance . . . . . . . 1 7 SECTION E Abrogation and Greater Restrictions . . . . . 7 ' SECTION F Interpretation I . .. . . . . . . . . . 7 SECTION G Warning and Disclaimer of Liability . . . 7 ARTICLE 4 ADMINISTRATION 8 SECTION A Designation of the Floodplain Administrator 8 • 60 . 3 ( d ) ( 1 ) SECTION B Duties and Responsibilities of the Floodplain Administrator . . . . . 8 60 . 3 ( d ) ( 1 ) SECTION C Permit Procedures . . . . . . . . . . . . . 8 60 . 3 ( d.) ( 1 ) ' SECTION D Variance Procedures 9 60 . 6 ( a ) ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION 11 SECTION A General Standards . . . . . . . . . . 11 60 . 3 ( d ) ( 1 ) SECTION B . .Specific Standards 11 60 . 3 ( d ) ( 1 ) 1 . Residential Construction 11 60 . 3 ( d ) ( 1 ) 2 . Nonresidential Construction 11 60 . 3 ( d ) ( 1 ) 3 . Enclosures . . . . . . 12 60 . 3 ( d ) ( 1 ) 4 . Manufactured Homes . . . . . . . . 12 60 . 3 ( d ) ( 1 ) SECTION C Standards for Subdivision Proposals . . 12 60 . 3 ( d ) ( 1 ) SECTION D Standards for Areas of Shallow Flooding ( AO/AH Zones ) . . . . . . . . . . . . . . 13 60 . 3 ( d ) ( 1 ) SECTION E Floodways . 13 60 . 3 ( d ) ( 1_ - 3 ) Certification . . 14 • l • I 60 . 3 ( d ) FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTIIORIZATION , FINDINGS OF FACT , PURPOSE AND METHODS SECTION A . STATUTORY AUTHORIZATION The Legislature of the State of Arkansas has in A 629- 1969 ( state ) statutes delegated the responsibility to local governmental units to adopt regulations designed Eo minimize flood losses . Therefore , the Board of Directors ( goverof Cit of Fa Wash . Ct , Arkansas does ordain as ( local unit state follows : SECTION D . FINDINGS OF FACT ( 1 ) The flood hazard areas of City of Fayetteville are subject to periodic inundation which results in loss of life and property , health and safety hazards , disruption of commerce and governmental services , and extraordinary public expenditures for flood Drotection and relief , all of which adversely affect the public health safety and general welfare . ( 2 ) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities , and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands becuase they are inadequately elevated , floodproofed or otherwise protected from flood damage . SrrTION C . STATEMENT OF PURPOSE It is the purpose of tnis ordinance to promote the public health , safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to : ( 1 ) Protect human life and health ; ( 2 ) Minimize expenditure of public money for costly flood control projects ; ( 3 ) Minimize the need for rescue and relief efforts associates, with flooding and generally undertaken at the expense of the general public ; iI ( 4 ) Minimize prolonged business interruptions ; ( 5 ) Minimize damage to public facilities and utilities such as I; I water and gas mains , electric , telephone and sewer lines , s.treets and bridges located in floodplains ; I ( 6 ) Help maintain a stable tax base by providing for the sound use and development of flood - prone areas in such a manner as to minimize future flood blight areas ; and ; i ( 7 ) Insure that potential buyers are notified that property is in a flood area . 1 LIBIR 12?. A PAGE 876 U SECTION 0 , METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes , this ordinance uses the following methods : ( 1 ) Restrict or prohibit uses that are dangerous to health , safety or property in times of• flood , or cause excessive increases in flood heights or velocities ; . ( 2 ) Require that uses vulnerable to floods , including facilities which serve such uses , be protected against flood damage at the time of initial construction ; ( 3 ) Control the alteration of natural floodplains , stream channels , and natural protective barriers , which are involved in the accommodation of flood waters ; ( 4 ) Control filling , grading , dredging and other development which may increase flood damage ; ( 5 ) Prevent or regulate the constructiuon of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands , 2 LIBER1224 PAGE 877 i ARTICLE 2 DEFINITIONS Unless specifically defined below , words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application . APPEAL - means a request for a review of . the Flood Plain Administrator ' s interpretation of any provision of this ordinance or a request for a variance . AREA OF SHALLOW FLOODING - means a designated A0 , AH , or VO zone on a community ' s Flood Insurance Rate Map ( FIRM ) with a one . percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined 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 . AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year . The area may be designated as Zone A on the Flood Hazard Boundary Map ( FHBM ) . After detailed ratemaking has been completed in preparation for publication of the FIRM , Zone A usually is refined into Zones A . AE , AH , A0 , Al - 999 V09 V1 - 30 , VE or V . BASE FLOOD - means the flood having a one percent chance of being 11 equalled or exceeded in any given year . CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system , without which the flood protection provided by the entire system would be compromised . DEVELOPMENT - means any man-made change in improved and unimproved real estate , including but not limited to buildings or other structures , mining , dredging , filling , grading , paving , excavation or drilling operations . ELEVATED BUILDING - means a nonbasement building ( i ) built , in the case of a building in Zones Al - 30 , AE , A , A99 , AU , AH , B , C , X . and D , to have the top of the elevated floor , or in the case of a building in Zones V1 - 30 , VE , or V . to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level t by means of pilings , columns ( posts and piers ) , or shear walls parallel 1 to the floor of the water and ( ii ) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood . In the case of Zones Al - 30 , AE , A , A991 AO , AH , B , C , X , D , "elevated building " also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the the unimpeded movement of flood i waters . In the case of Zones V1 - 30 , VE , or V , "elevated building " i also includes a building otherwise meeting the definition of "elevated building " , even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60 . 3 ( e ) ( 5 ) of the National Flood Insurance Program regulations . 3 A p L18ER1��`� PAGE O� � EXISTING CONSTRUCTION - means for the purposes of determining rates , structures for which the " start of construction " commenced before the effective date of the FIRM or before January 1 , 1975 , for FIRMS effective before that date . " Existing construction " may also be referred to as " existing structures . " FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundtion of normally dry land areas from : ( 1 ) the overflow of inland or tidal waters . ( 2 ) the unusual and rapid accumulation or runoff of surface waters from any source . FLOOD INSURANCE RATE MAP ( FIRM ) - means an official map of a community , on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community . FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency . The report contains flood profiles , water surface elevation of the base flood , as well as the Flood Boundary- Floodway Map , FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source ( see definition of flooding ) . FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized , appropriated , and expended and which have oeen constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a " special flood hazard " and the extent of the depths of associated flooding . Such as system typically includes hurricane tidal barriers , dams , reservoirs , levees or dikes . These specialized flood modifying works are those constructed in conformance with sound engineering standards . FLOODNAY ( REGULATORY FLOODNAY ) - means the 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 . FUNCTIONALLY DEPENDENT USE - means 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 lona- term storaae or related manufacturing facilities . HIGHEST ADJACENT GRADE - means the highest natural elevation of i the ground surface prior to construction next to the proposed walls of a structure . LEVEE - means a man-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 . LEVEE SYSTEM - means a flood protection system which consists of a levee , or levees , and associated structures , such as closure and drainage devices , which are constructed and operated in accordance with sound engineering practices . 4 LIBER1224PAGE879 LOWEST FLOOR - means the lowest floor of the lowest enclosed area ( including basement ) . An unfinished or flood resistant enclosure , usable solely for parking or 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 non - elevation design requirement of Section 60 . 3 of the National Flood Insurance Program regulations . i1AANUFACTURED HOME - means a structure transportable in one or more sections , which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required . utilities . For flood plain management purposes the term "manufactured home " also includes park trailers , travel trailers , and other similar vehicles placed on a site for greater than 180 consecutive days . For insurance purposes the term "manufactured home " does not include park trailers , travel trailers , and other similar vehicles . MEAN SEA LEVEL - - means , for purposes of the National Flood Insurance Program , the National Geodetic Vertical Datum ( NGVD ) of 1929 or other datum , to which base flood elevations shown on a community ' s Flood Insurance Rate Map are referenced . NEW CONSTRUCTUON - means , for flood plain management purposes , structures for which the " start of construction " commenced on or after the effective date of a flood plain management regulation adopted by a community . START OF CONSTRUCTION - ( for other than new construction or substantial improvements under the Coastal Barrier Resources Act ( Pub . L . 97- 348 ) ) , includes substanital improvement and means the date the building permit was issued , provided the actual start of construction , repair , reconstruction , placement , or other improvement was within 180 days of the permit date . The actual start means either the first placement of permanent construction of a structure on a site , such as the pouring . of slab or footings , the installation of piles , the construction of columns , or any work beyond the stage of excavation ; or the placement of a manufactured home on a foundation . Permanent construction does not include land preparation , such as clearing , grading and filling ; nor does it include the installation of streets and/or walkways ; nor does it include excavation for basement , footings , piers or foundations or the erection of temporary forms ; nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as dwelling units or not part of the main structure . STRUCTURE - means a walled and roofed building , including a gas or liquid storage tank , that is principally above ground , as well as a manufactured home . SUBSTANTIAL IMPROVEMENT - means any repair , reconstruction , or improvement of a structure , the cost of which equals or exceeds 500 of the market value of the structure either , ( 1 ) before the improvement or repair is ' started , or ( 2 ) if the structure has been damaged and is being restored , before the damage occurred . For the purpose of this definition " substantial . improvement " is considered to occur when the first alteration of any wall , ceiling , floor , or other structural part of the building commences , whether or not that alteration affects the external dimensions of the structure . The term does not , however , include either ( 1 ) any project for improvement of a structure to comply with existing state or local health , .sanitary , or safety code specifications which are solely necessary to assure safe living conditions , or ( 2 ) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places . o LIBER1224PAGE880 VARIANCE - is a grant of relief to a person from the requirements of this ordinance wnen specific enforcement would result in unnecessary nardship . A variance , therefore , permits construction or development in a manner otherwise prohibited by this ordinance . ( For full requirements see Section 60 . 6 of the National Flood Insurance Program regulations . ) VIOLATION - means the failure of a structure or other development to be fully compliant with, . the Community ' s flood plain management regulations . A structure or other development without the elevation certificate , other certifications , or other evidence of compliance required in Section 60 . 3 ( b ) ( 5 ) , ( c ) ( 4 ) , ( c ) ( 10 ) , ( d ) ( 3 ) , ( e ) ( 2 ) , ( e ) ( 4 ) , or ( e ) ( 5 ) is presumed to be in violation until such time as that documentation is provided . WATER SURFACE ELEVATION - means 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 flood plains of coastal or riverine areas . u LIBERI224PAGE8S1 ARTICLE 3 GENERAL PROVISIONS SECTION A . LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard within the jurisdiction of Fayetteville Washington County , Arkansas . , local unit SECTION B . BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled , " The Flood Insurance Study for City of Fayetteville , Washington County , Arkansas , dated with accompanying Flood Insurance Rate Maps and Flood Boundary- Floodway Maps ( FIRM and FB FM ) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance . SECTION C . ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the i provisions of this ordinance , when any structure or development is located in any " area of special flood hazard " of the City to insure conformance with these regulations prior to the developer commencing j any development operations such as : is ( 1 ) Earth excavation operation ( 2 ) Earth " filling " operation ( 3 ) Changing or relocating any creeks , drainage areas or water courses . ( 4 ) Making any substantial improvements to existing structures i ( 5 ) The " start of construction " of any structure SECTION D . COMPLIANCE No structure or land shall hereafter be located , altered , or have its use changed without full compliance with the terms of this ordinance and other applicable regulations . SECTION E . ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal , abrogate , or impair any existing easements , covenants , or deed restrictions . However , where this ordinance and another conflict or overlap , whichever imposes the more stringent restrictions shall prevail . SECTION F . INTERPRETATION In the interpretation and application of this ordinance , all provisions shall be ; ( 1 ) considered as minimum requirements ; ( 2 ) liberally construed in favor of the governing body ; and ( 3 ) deemed neither to limit nor repeal any other powers granted under State statutes . SECTION G . WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineerinq considerations . On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes . This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages . This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any admin - istrative decision lawfully made thereunder . A LIBER 122 PAGE 882 7 ARTICLE 4 ADMINISTRATION SECTION A . DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Building Inspection Superintendent is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR ( National Flood Insurance Program Regulations ) pertaining to flood plain management . SECTION B . DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include , but not be limited to , the following : ( 1 ) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance . ( 2 ) Review permit application to determine whether proposed building site will be reasonable safe from flooding . ( 3 ) Review , approve or deny all applications for development permits required by adoption of this ordinance . ( 4 ) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal , State or local governmental agencies ( including Section 404 of the Federal Water Pollution Control Act Amendments of 1972 , 33 U . S . C . 1334 ) from which prior approval is required , ( 5 ) Where interpretation is 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 Floodplain Administrator shall make the necessary interpretation . ( 6 ) Notify , in riverine situations , adjacent communities and the State Coordinating Agency which is Division of Soil and Water Resources of the Arkansas Department of Commerce ( State Coordinating Agency ) , prior to any alteration or relocation of a watercourse , and submit evidence of such notificaton of the Federal Emergency Management Agency . ( 7 ) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained . ( 8 ) When base flood elevation data has not been provided in accordance with Article 3 , Section B , the Floodplain Administrator shall obtain , review and reasonably utilize any base flood elevation data and floodway data available from a Federal , State or other source , in order to administer the provisions of Article 5 . ( 9 ) When a regulatory floodway has not been designated , the Floodplain Administrator must require that no new construction , substantial improvements , or other development ( including fill ) shall be permitted within Zones Al - 30 and AE on the community ' s FIRM , unless it is demonstrated that the cumulative effect of the proposed development , when combined with all other existing and anticipated development , will not increase the water surface elevation of the base flood more than one i foot at any point within the community . 8 LIBER SECTION C . PERMIT PROCEDURES ( 1 ) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/ her and may include , but not be limited to , plans in duplicate drawn to scale showing the location , dimensions , and elevation of proposed landscape alterations ; existing and proposed structures , and the location of the foregoing in relation to areas of special flood hazard . Additionally , the following information is required : a . Elevation ( in relation to mean sea level ) , of the lowest floor ( including basement ) of all new and substantially improved structures ; b . Elevation in relation to mean sea level to which any nonresi - dential structure shall be floodproofed ; c . A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5 , Section B ( 2 ) ; d . Description of the extent of which any watercourse or natural drainage will be altered or relocated as a result of proposed development . e . Maintain a record of all such information in accordance with Article 4 , Section ( B ) ( 1 ) . ( 2 ) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant - factors : a . The danger to life and property due to flooding or erosion damage ; b . The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner ; c . The danger that materials may be swept onto other lands to the injury of others ; d . The compatibility of the proposed use with existing and anticipated development ; e . The safety of access to the property in times of flood for ordinary and emergency vehicles ; f . The costs of providing governmental services durinq and after flood conditions including maintenance and repair of streets and bridges , and public utilities and facilities such as sewer , gas , electrical and water systems ; g . The expected heights , velocity , duration , rate of rise and sediment transport of the flood waters and the effects of wave action , if applicable , expected at the site ; h . The necessity to the facility of a waterfront location , where applicable ; i . The availability of alternative locations , not subject to flooding or erosion damage , for the proposed use ; j . The relationship of the proposed use to the comprehensive plan for that area . SECTION D . VARIANCE PROCEDURES ` ( 1 ) The Board of Construction Appeals as established by the community shall hear and render judgement on requests for variances from the requirements of this ordinance . 9 LIBER1224PAGE884