HomeMy WebLinkAboutOrdinance 3251 - z -
PASSED AND APPROVED this 17 day of March 1987 ,
APPROVED
/.OrgL Mayor
U S
irk
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-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
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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 .
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LIBER1224PAGE884