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HomeMy WebLinkAboutOrdinance 32518% FOR RFRO ��Y 1 CORD P14 .44 At` TO,,l0 1� 97 c�RCO/ c M6)ee 4R ORDINANCE NO. 3251 MICROFILMED AN ORDINANCE ADOPTING A FLOOD DAMAGE PREVEN- TION CODE FOR THE CITY OF FAYETTEVILLE, ARKANSAS. WHEREAS, Ark. Stat. Ann. §19-2421 authorizes a municipality to adopt by reference technical codes or regulations without setting forth the provisions of the code provided three copies thereof are filed in the office of the City Clerk for inspection and view by the public prior to the passage of said ordinance; and 5 L WHEREAS, the City of Fayetteville has given notice to the public, by publication in a paper of general circulation with the City, stating that copies of the Flood Damage Prevention Code are open to public examination in the office of the City Clerk as required by Ark. Stat. Ann. §19-2423. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That §6-94(a) of the Fayetteville Code of Ordinances is hereby amended to read: The Flood Damage Prevention Code on file in the office' of the City Clerk is hereby adopted by reference. Three copies of said code shall be maintained on file in the office of the City Clerk. Section 2. That §§6-94(b) and 6-94(c) of the Fayetteville Code of Ordinances are hereby repealed and §6-94(d) is hereby redesignated §6-94(b). Section 3. The Board of Directors hereby determines that severe flooding has occurred in the past within the City and will likely occur in the future; that flooding is likely to cause serious personal injury or death, and is likely to cause substan- tial damage to or destruction of property; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the preservation of the public health, safety and welfare shall be in full force and effect from and after its passage and approval. LIBER1224 PAGE 872 - 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 (2) The Board of Construction Appeals shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competant jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre of less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Board of Construction Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (10) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D(1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 10 u8ER1224PAGE885 ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements; (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydro- dynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(4), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated a minimum of two (2)feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)a., is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated a minimum of two (2) feet above the base flood level or, together with attendent utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability s 1 of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the desiqn and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. 11 USER 1224 PAGE 886 (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less that one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above,grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - a. Require that all manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This require- ment is in addition to applicable State and local anchoring requirements for resisting wind forces. b. All manufactured homes shall be in compliance with Article 5, Section B (1). c. Require that all manufactured homes to be placed or substantially improved within Zones Al -30, AN and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is two (2) feet above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of Section B(4) of the Article. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions or Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivisions proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. 12 I1BIR1224P46 887 SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flooddepths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply; (1) All new construction and substantial improvements of resi- dential structures shall have the lowest floor (including basement) I elevated two (2) feet above the depth number specified in feet on { the community's FIRM or minimum two (2) feet above adjacent grade if { no depth number is specified. (2) All new construction and substantial improvements of nonresiden- tial structures; (i) have the lowest floor (including basement) elevated a minimum of two (2) feet above the depth number specified in feet on the community's FIRM (at least two feet above the highest adjacent grade if no depth number is specified), or; (ii) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is water- tight with walls substantially impermeable to the passage of water and 1 onents having the capability of resisting hydrostatic with structura comp and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C (1)a., are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on•slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODWAYS Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas 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; (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above struction and substantial improvements shall flood hazard reduction provisions of Article 13 is satisfied, all new con - comply with all applicable 5. I1sIR1224PAGE8S8 0 - CERTIFICATE OF RECORD State of Arkansas ( SS City of Fayetteville I, Suzanne C. Kennedy, City Clerk and Ex -Officio recorder for the City of Fayetteville, do hereby certify that the annexed or fore- £(oina is of record in my office and the same ap- pears in Ordinance & Resolution book -)C X/ \L —at page Witness my hand and City Cl€rk and lay of 19_ 1, Alma Kollmeycr, Circuit Clerk and Ex. officio Rcco'dc, lot v,,shlt 9.on County, Arkansas, do hercbY wilily Ih4l this in- suumeat was htcd for record in xy olflee as indicated hereon and the same is now duly recorded with the ack,,owled9ement and certificate thereon to tecord Book and Page as indicated thereon. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court on the dale indicated hereon. Alma Kollmeyer Circuit Clerk and Ex-ofticio Recorder by STATE of ARKANSAS I!. County of Washington NO. AN • PREVENTION CODE FOR • THE CITY OF FAYET- TEVILLE, ARKANSAS. WHEREAS. Ark. Stat. Ann. ss19.2421 authorizes a municipality to adopt by reference technical codes or regulations without setting forth the provisions of the • code provided three copies thereof are filed In the office of the City Clerk for Inspec- tion and view by the public • prior to the passage of said ordinance; and WHEREAS, the City' of Fayetteville has given • notice to the public, by publication in a paper of • general circulation with the City, stating that copies of the Flood Damage Preven- tion Code are open to public examination in the office of tho city Clerk as required by NOW, THEREFORE, BE ' IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYET- -TEVILLE, ARKANSAS: • Section 1. That ss6-9a(e) of the Fayetteville Code of Or- dinances is hereby amended to read; The Flood Damage Prevention Code on file in the office of the City Clerk is hereby adopted by refer- ence. Three copies of said code shall be maintained on file in the office of the City .Clerk. Section 2. That ss6.94(b) and 6-94(c) of the Fayet- • teville Code of Ordinances are hereby repealed and .ss6-94(d) is hereby redesignated ss6-94(b). Section 3. The Boapd Of Directors hereby deter- mines that severe flooding has occurred in the past within the City anti will like. ly occur in the future; that flooding is likely, to cause serious personal Injury or death, and is likely to cause substantial damage to or destruction of property; in order to effectively comply. with minimum standards for coverage under the National I Flood Insurance Program, it Is necessary that this ordi- nance become effective im- mediately.. Therefore;- an emergency is hereby declared to exist, and this ordinance, being necessary 'for the preservation of the public health, safety and welfare shall be in full force and effect from and after its passage and approval. PASSED AND APPROV- ED this 17 day of March, 1987. APPROVED By: Marilyn Johnson Mayor ATTEST • •''• By: Suzanne C. Kennedy City Clerk - I. _'(1 4( C' herebycertify final I am the publisher ol 'EIIENOR'rRl1'EST ARKA'-SASTI\MES. a daily newspaper having a second class mailing privilege. and being not less than four pages of five columns each, published at a fixed place of business and at a fixed idailvi intervals continuously in the City of Fayetteville. County of Washington. Arkansas for more than a period of twelve months. circulated and distributed from an established place of business to subscribers and readers generally of all classes In the City and County for a definite price for each copy. or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon thenews valueand service valuett contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or Its agents or through recognized news dealers over a period of at least six months: and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of l :l LK Cif 2_L_cr 770 • 3oZ� I was published In the regular daily issue of said newspaperfor — consecutive insertions as follows: The first insertion on the. LL day of V q 19 Ii 7 — the second Insertion on the day of 19 the third insertion on the day of 19 and the fourth insertion on the d 19 'mot' Sworn to and subscribed ���gt 7 before me , this .�� . day of \0 a • Public My Commission Expires: Fees for Printing ... . s-'.�._. Cost of PrM)f -__- x Total .. s La,Se2L t 1 .