HomeMy WebLinkAboutOrdinance 3888 ORDINANCE NO. 3888
AN ORDINANCE ADOPTING THE FLOOD DAMAGE
PREVENTION CODE FOR THE CITY OF FAYETTEVILLE.
WHEREAS, A .C . A. § 14-55-207 authorizes a municipality to adopt by reference
technical codes; and
WHEREAS, three copies of the Flood Damage Prevention Code have been duly filed
in the office of the clerk of the City of Fayetteville; and
WHEREAS, notice to the public by publication in a paper of general circulation within
Fayetteville has been given stating that the copies of the Flood Damage Prevention Code are
open to public inspection prior to the passage of this ordinance adopting said code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . That the Flood Damage Prevention Code attached hereto as Exhibit A and
made a part hereof is hereby adopted by reference.
Section 2. Should any paragraph, section, clause, phrase or part of said Flood
Damage Prevention Code, for any reason, be held invalid, such invalidity shall not affect the
validity of the remaining provisions of said Flood Damage Prevention Code and the application
of those provision to any person or circumstances shall not be affected thereby.
PASSED AND APPROVED this 18th day of April 1995 .
APPROVED :
By :
red Hanna, Mayor
ATTEST:
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Traci Paul, City Clerk
bTr�
EXHIBIT "A (amended 4/11/95; illustrations added 5/18/95)"
FLOOD DAMAGE PREVENTION CODE
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
A, STATUTORY AUTHORIZATION
The legislature of the State of Arkansas has in Act 629- 1969 delegated the responsibility to local .
governmental units to adopt regulations designed to minimize flood losses. Therefore, the City
Council of the City of Fayetteville, Washington County, Arkansas, does ordain as follows:
B, FINDINGS OF FACT
1 . The flood hazard areas of the 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 protection 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
hazard areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage.
C, STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas as designated by the
latest adopted Flood Insurance Rate Maps, in addition to the following:
I . To minimize expenditure of public money for costly flood control projects;
2. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
3 . To minimize prolonged business interruptions;
4. To minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines, streets and bridges located in floodplains;
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5 . To 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;
6. To ensure that potential buyers are notified that property is in an area of special flood
hazard;
7. To ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions; and
8. To protect human life and health.
D, METHODS OF REDUCING FLOOD LOSS
In order to accomplish its purposes, this ordinance uses the following methods:
1 . Restricting or prohibiting uses that are dangerous to health, safety or property due to
water or erosion hazards in times of flood, or cause excessive increases in flood heights or
velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
3 . Controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
4. Controlling filling, grading, dredging and other development which may increase flood
damage;
5 . Preventing or regulating the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards to other lands.
E, DEFINITIONS
In addition to those terms defined in section 160.002 of the Fayetteville Municipal Code, the
following definitions apply:
Appeal. A request for a review of the Floodplain Administrator's interpretation of any
provision of this Chapter.
Area of shallow flooding. A designated A0, AH, or CP Zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from I to 3 feet; a
clearly defined channel does not exist; the path of flooding is
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unpredictable and indeterminate; and velocity flow may be evident.
Area of flood-related erosion hazard. The area subject to severe flood-related erosion losses. The
area is designated as Zone E on the Flood Insurance Rate
Map.
Area of special flood hazard. See " Special flood hazard area. "
Base flood. The flood having a 1 % chance of being equalled or exceeded in any given year
(also called the " 100-year flood").
Base Flood Elevation (BFE). The height of the base flood, usually in feet, in relation to the
National Geodetic Vertical Datum of 1929 or other datum as
specified.
Basement. Any area of a building having its floor subgrade (below ground level) on all sides.
Elevated building. A non-basement building (i) built, in the case of a building in Zones Al -30,
AE, A, A99, AO, AH, B, C, X, and D, to have the top of the floor elevated
above the ground level by means of pilings, columns (posts and piers), or
shear walls parallel to the flow 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 AI -30, AE, A,
A99, 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 unimpeded movement of flood waters.
Development Any man-made change in improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment
or materials.
Existing construction For the purposes of determining rates, structures for which the "start of
construction" commenced before the effective date of the FIRM
(September 18, 1991 ). "Existing construction" may also be referred to as
"existing structures. "
Existing_manufactured home park or subdivision A manufactured home park or subdivision
for which the construction of facilities for
servicing the lots on which the manufactured
homes are to be affixed (including, at a
minimum, the installation of utilities, the
construction of streets, and either final site
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grading or the pouring of concrete pads) is
completed before the effective date of the
floodplain management regulations adopted
by a community.
Expansion to an existing manufactured
home park or subdivision The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or
the pouring of concrete pads)
Federal Emergency Management Agency (FEMA). The independent federal agency that, in
addition to carrying out other activities,
oversees the administration of the National
Flood Insurance Program.
Federal Insurance Administration (FIA) The component of FEMA directly responsible for
administering the National Flood Insurance
Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of flood waters, or the unusual
and rapid accumulation or run-off of surface water from any source.
Flood boundary and floodway map. The official map on which the Federal Insurance
Administration has delineated both the areas of flood hazard
and the floodway.
Flood Insurance Rate Map (FIRM). The official map on which the Federal Emergency
Management Agency or Federal Insurance Administration i
has delineated both the areas of special flood hazards and
the Floodway.
Flood Insurance Study. The official report provided by the Federal Insurance
Administration that includes flood profiles, the FIRM, the Flood
Boundary and Floodway Map, and the water surface elevation of
the Base flood.
Floodplain or flood-prone area. Areas that are subject to, or are exposed to, flooding and
flood damage.
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Floodplo;n ,
- Doodwoy I Flootlwoy
F rtnge Flootlwny �L.--- Fringe
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a i
Floodwoy Fringe
Floodwoy Floodplo;n
Floodplain management. The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to,
emergency preparedness plans, flood control works and floodplain
management regulations.
Floodplain management regulations. Development code, building codes, health regulations,
special purpose ordinances (i.e., grading ordinance and
erosion control ordinance) and other applications of police
power. The term describes such state or local regulations in
any combination thereof, which provide standards for the
purpose of flood damage prevention and reduction.
Floodproofing. Any combination of structural and nonstructural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures
and their contents.
Floodw Regulatory floodway). 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 1 foot. Also referred to as "Regulatory
floodway. "
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Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water.
Highest adiacgrit gam. The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic Structure Any structure that is:
(a) Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district; or
(c) Individually listed on a state inventory of historic places which
has been approved by the Secretary of the Interior.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area is not considered a building's
lowest floor; provided, that such an enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of this
chapter.
Levee. 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
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Levee system. 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.
Manufactured home A factory-built, single-family structure that meets the National
Manufactured Home Construction and Safety Standards Act (42 U. S. C .
Sec. 5401 ), commonly known as the HUD (U. S . Housing and Urban
Development) code. For floodplain management purposes the term 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.
Manufactured home lark or subdivision. A parcel (or contiguous parcels) of land divided into
2 or more manufactured home lots for sale or rent.
Mean sea level. 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 construction. For floodplain management purposes, structures for which the "start of
construction" commenced on or after the effective date of this development
code.
One hundred year flood. A flood which has a 1 % annual probability of being equalled or
exceeded. It is identical to the "base flood, " which will be the term
used throughout this chapter.
Reeulatory floodway. see "Floodway. "
Remedy a violation. To bring the structure or other development into compliance with State or
local floodplain management regulations, or, if this is not possible, to
reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development
from flood damages, implementing the enforcement provisions of this
Development Code or otherwise deterring future similar violations, or
reducing Federal financial exposure with regard to the structure or other
development.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
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Special flood hazard area (SFHA). An area having special flood or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO,
Al -301 AE, A99, CO, C1 -V30, VE, or V.
Start of construction The date the building permit is issued for either new construction or
substantial improvement, provided the actual start of construction, repair,
reconstruction, replacement, 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, beyond excavation, or the
placement of a manufactured home on a foundation. Permanent
construction does not include land preparation or the installation of streets
and/or walkways, 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.
Stream. A watercourse having a source and terminus, banks, and channel through which
waters flow at least periodically. Streams do not lose their character as a
watercourse even though the water may dry up. For the purposes of this
ordinance, streams are defined on the Flood Insurance Rate Maps as single lines
with no floodplain or floodway defined.
Structure. A combination of materials to form a construction for use, occupancy, or
ornamentation whether installed on, above, or below the surface of land or water.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds 50% of the market value of the
structure either:
A. before the improvement or repair is started; or
B . if the structure has been damaged, and is being restored, before the damage
occurred.
For the purposes 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:
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A. 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
B. any alteration of a structure listed on the National Register of Historic Places or a
state inventory of Historic Places.
Variance. A grant of relief to a person from the requirements of this ordinance when specific
enforcement would result in unnecessary hardship. 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. The failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other
evidence of compliance required in this chapter is presumed to be in violation until
such time as that documentation is provided.
Water surface elevation. The height, in relation to the National Goedetic Vertical Datum
(NGVD) of 1929 (or other datum where specified) of floods of
various magnitudes and frequencies in the floodplains of coastal or
riverine areas.
F, GENERAL PROVISIONS
1 . This chapter shall apply to all areas of special flood hazards and areas of flood-
related erosion hazards within the jurisdiction of the city.
2. The areas of special flood hazards and areas of flood-related erosion hazards
identified by the Federal Emergency Management Agency or the Federal Insurance
Administration in a scientific and engineering report entitled "Flood Insurance
Study for the City of Fayetteville, Arkansas" dated September 29, 1989, with an
accompanying Flood Insurance Rate Map is hereby adopted by reference and
declared to be a part of this chapter. This Flood Insurance Study is the minimum
area of applicability of this chapter and may be supplemented by studies for other
areas which allow implementation of this chapter and which are recommended to
the council by the Floodplain Administrator.
3 . No structure or land shall hereafter be constructed, located, extended, converted
or altered without full compliance with the terms of this chapter and other
applicable regulations. Violations of the provisions of this chapter by failure to
comply with any of its requirements (including violations of conditions and
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safeguards established in connection with conditions) shall constitute a
misdemeanor. Nothing herein shall prevent the city from taking such lawful action
as is necessary to prevent or remedy any violation.
4. This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and any other code,
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more restrictive restrictions shall prevail.
5 . In the interpretation and application of this chapter, all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
6. The degree of flood protection required by this chapter is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This chapter does not imply that land
outside the areas of special flood hazards, areas of flood-related erosion hazards,
or uses permitted within such areas will be free from flooding or flood damages.
This chapter shall not create liability on the part of the city, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages
that result from reliance on this chapter or any administrative decision lawfully
made thereunder.
G, ADMINISTRATION
I . A Flood Control Development Permit shall be obtained before obtaining a Building
Permit and prior to any construction or development within any area of special
flood hazards or area of flood-related erosion hazards established in section F (2).
An application for a Flood Control Development Permit shall be made on forms
furnished by the Floodplain Administrator and may include, but not be limited to:
plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevation of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of same. Specifically, the following
information is required:
a. Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
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b. . Proposed elevation in relation to mean sea level to which any structure
shall be floodproofed;
C. All appropriate certifications listed in section G(3)(a)(2) of this chapter;
and
d. Description of the extent to which a watercourse will be altered or
relocated as a result of proposed development.
2. The Floodplain Administrator' shall be designated by the Mayor and appointed to
administer and implement this chapter by granting or denying Flood Control
Development Permits in compliance with its provisions. Approval or denial of a
Development Permit shall be based on all 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 during 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 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 General Plan 2010.
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