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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: 1 Traci Paul, City Clerk EXHIBIT "A 1 5/18/95)" FLOOD DA1\ v CODE O l A U a & O STATUTORY AUTHORIi •E AND METHODS A. STATUTORY AUT 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 I . 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: 1. 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; E I► e EXHIBIT "A (amended 4/11/95; illustrations added 5/18/95)" FLOOD DAMAGE PREVENTION CODE Ii a 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 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: 1. 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, O telephone and sewer lines, streets and bridges located in floodplains; I xD I O 25x n 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 O 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. O Area of shallow flooding. A designated AO, All, 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 2 O O 25xD I. 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. f 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 "I00 -year flood"). Base Flood Elevation (BFEI. 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 Al -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 O (September 18, 1991). "Existing construction" may also be referred to as "existing structures." O O 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 O z5Xl 1% O O 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 has delineated both the areas of special flood hazards and the Floodway. 0 ! 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 0 flood damage. 4 x® D x to Floodplo,n floo1y Floodwcy Frnee Fringe Floodwoy `Q► 1 l 1 L 1 Y 4 Floodwoy Fr;nge Floodwoy Fl oodplo,n a y Floodwoy) Froge v r r 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 p adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway (Regulatory floodway). The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the O ' base flood without cumulatively increasing the water surface elevation more than 1 foot. Also referred to as "Regulatory floodway." 5 XD I C° o .f 2 Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. Highest adjacent grade. 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. 0 Levee 6 x 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 190 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. Manufactured home park 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. Regulatory 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 O 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. O Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. O )) 25X 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 -30, AE, A99, CO, CI -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. O 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 O commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: O O O 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 O declared to be a part of this chapter. This Flood Insurance Study is the minimum O 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 O or altered without full compliance with the terms of this chapter and other O applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and ❑ •I .CG D ). 25XI 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 1. 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). O An application for a Flood Control Development Permit shall be made on forms IO 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: O D a. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; 10 x�fl I ( Q O 25X Y 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 Administratof 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 o damage, for the proposed use; j. The relationship of the proposed use to the General Plan 2010. Ii OI xIL a • O O �f. 25X The duties and responsibilities of the Floodplain Administrator, as related to this chapter, shall include, but not be limited to: a. Permit Review i) Review all Flood Control Development Permits to determine that the permit requirements of this chapter have been satisfied; Ii ii) All other required state and federal permits have been obtained from those Federal, State, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1334) from which prior approval is required; iii) The site is reasonably safe from flooding; iv) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but the floodway has not been designated on the FIRM. For purposes of this chapter, "adversely affects" means 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 foot at any point. However, under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al -30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA. b. When base flood elevation data has not been provided in compliance with section (F)(2), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other © ! source, in order to administer this section. Any such information shall be p submitted to the Council for adoption. c. Whenever a watercourse is to be altered or relocated, the Floodplain Administrator shall: O i) Notify adjacent communities and the Arkansas Soil and Water Conservation Commission prior to the alteration or relocation of a J watercourse, and submit evidence of the notification to the Federal 12 ° O I;. 25x Emergency Management Agency; ii) Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained. d. Secure and maintain for public inspection and availability the certifications, appeals and variances identified in section G(1) and section I. e. Make interpretations where needed as to the exact location of the boundaries of �► the areas of special flood hazards or areas of flood -related erosion hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be give a reasonable opportunity to appeal the interpretation as provided in section H. PROVISIONS FOR FLOOD HAZARD REDUCTION In all areas of special flood hazards the following standards shall apply: 1. Anchoring a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All manufactured homes shall meet the anchoring standards of section (H)(6)• 2. Construction materials and methods = a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. O b. All new construction and substantial improvements shall be constructed • using methods and practices that minimize or resist flood damage. C. All new construction and 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 O to prevent water from entering or accumulating within the components during conditions of flooding. 13 X u a .:k O O 25X 11► rR 0 0 3. Elevation and floodproofing a. New construction and substantial improvement of structure shall have the lowest floor, including basement, elevated two feet above the base flood elevation specified in feet on the FIRM, or at least 2 feet above the highest adjacent grade if no depth number is specified. Nonresidential structures shall meet the standards in section H(3)(b). Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer to be properly elevated. The certification or verification shall be provided to the Floodplain Administrator. ❑n With On Piles. ;lab Bnsenent Pers. or Colunns Base ReFer ence ReFevel Flood Level Level Elevlat�on 1 Reference Bnse FBood Adjacent % L_vel Eleva ton Elevation Grode Elevotlons should be measured at the top of the re Ference level Floor. b. Nonresidential construction shall either be elevated in conformance with section H(3)(a) or (c) or together with attendant utility and sanitary facilities: i) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and iii) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. The certification or verification shall be provided to the Floodplain Administrator. c. Require, for all new construction and substantial improvements, that fully 14 x l o 1 0 0 KI 01 ri 0 O enclosed areas below the lowest floor that area subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: i) Either a minimum of 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than 1 foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood waters; or ii) Be certified to comply with floodproofing standards approved by the Federal Insurance Administration. 1 f t. I)G:• IUU sq. nches total d. Manufactured homes shall also meet the standards in this section. 4. Standards for utilities a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. b. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5. Standards for subdivisions 15 >dn 1 -----. ° ). 25X1 1b it 0 r9 Applications for Preliminary, Final, and/or Concurrent Plat approval shall contain the requirements identified in sections 159.12, 159.13, and/or 159.14 (content and form) of the Fayetteville Municipal Code in addition to the following: a. Identify the special flood hazards areas, including delineation of floodways, and the elevation of the base flood. b. All Final Plats shall provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be verified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. c. All proposals shall be consistent with the need to minimize flood damage. d. All proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. e. All proposals shall provide adequate drainage to reduce exposure to flood hazards. f. To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways. on't Do This Flood Hozord Areo 16 Do This X ® 1 ( © 0 Flood Hazard Areo x =I 0 II g.. Any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6,000 square feet of buildable area, including setbacks, outside the special flood hazard area, or if it contains less than 6000 square feet of buildable area, it shall be platted to contain a minimum of one acre. Any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of one acre. fFloocC Hazard Area h. For subdivisions partially located in special flood hazard areas, minimum lot area requirements may be waived by the Director to allow the platting of lots to be clustered outside the special flood hazard area, the density permitted for the zoning district to be averaged over the entire parcel, provided a permanent conservation easement is granted to the City, a land trust, or the property owners association to ensure that the area of special flood hazard will remain undeveloped. 4 units per acre on 4 acres rwinw O '1 Don't Do This Do This 17 MI O O 1 JOR © O I. In any area that is located outside a special flood hazard area but where a stream is located, no building or fill may be located within a distance of the stream bank equal to five times the width of the stream at the top of the bank or 20 feet on each side, whichever is greater. 0 j. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise pursuant to F(2) or G(3)(b). 6. Standards for manufactured homes All new and replacement manufactured homes and additions to manufactured homes shall be constructed in the following manner: a. Be elevated so that the lowest floor is two feet above the base flood elevation; and b. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements include: i) Over -the -top ties be provided at each of the 4 corners of the { manufactured homes, with 2 additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring I additional tie per side; O ii) Frame ties be provided at each corner of the home with 5 additional O ties per side at intermediate points, with manufactured homes less than 50 feet long requiring 4 additional ties per side; 18 { X® ° } 25X iii) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and iv) Any additions to the manufactured homes be similarly anchored. 7. Floodways a. Located within areas of special flood hazard established in section F(2) 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: Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. b. If section (H)(7)(a) is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of section H. c. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National X Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. 8. Standards for areas of shallow flooding (AO/AH Zones) Located within the areas of special flood hazard established in F(2), are areas designated O as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a. All new construction and substantial improvements of residential structures O have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified on the FIRM (at least two feet if no depth number is specified). O O 19 b. All new construction and substantial improvements of non-residential structures: i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified on the FIRM (at least two feet if no depth number is specified), ii) together with attendant 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 of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. c. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this section, as proposed in G(l)(a), are satisfied. d. Require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. D I. APPEALS AND VARIANCES The Planning Commission shall hear and decide on requests for variances from the requirements of this ordinance. Any person or persons aggrieved by the decision of the Planning Commission regarding an appeal for a variance may appeal such a decision in the courts of competent jurisdiction. \1\ 1. The Planning Commission shall hear and decide 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 chapter. 2. In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, and standards specified in other sections O of this ordinance. i 3. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places, without regard to the procedures identified in the remainder of this ordinance. Variances may only be issued for the repair or rehabilitation will not preclude the structure's continued © designation as a historic structure and the variance is the minimum necessary to G preserve the historic character and design of the structure. 20 xILi a . O O 1J 25X 4. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a) through (j) of section G(2) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases. 5. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 6. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Flood control variances shall only be issued if: a. there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property, which do not apply generally to other property in the same flood zone; a determination that failure to grant the variance would result in exceptional hardship to the applicant; 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 the Municipal Code. 8. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of section G(2) are satisfied and that 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. i \l 9. Upon consideration of the factors in this Section and the purposes of this O t ordinance, the Planning Commission may impose conditions to the granting of flood control variances as it deems necessary to further the purposes of this ordinance. 1 10. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the O regulatory flood elevation surcharge and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator 21 O O 0 er O O e: 41 0 0 in the office of the Washington County Clerk and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 11. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 22 0 D =I 0 0 ORDINANCE NO. 3888 AN ORDINANCE ADOPT ING THE FLOOD DAMAGE PREVENTION CODE FOR THE CITY OF FAYETTEVILLE. WHEREAS, A.C.A Section 14-55-207 authorizes a municipality to adopt by re- ference technical codes; ,and WHEREAS,, three copies o' the Flood Damage Preven- tion Code have been duly filed in the office of the clerk of the City of Fayette- ville: and ,WHEREAS, notice to thel public by publication in a paper. of general circulation within Fayetteville has been' given Sfating that the co- pies pfAthe Flood Damage Prevention Code are open to.pulilic-inspection prior to the passage of this ordi- nance adopting said coda. NOW, THEREFORE, BE. IT ORDAINED BY THE'CITY COUNCILOF THE CITY OF F A,Y E T T E V I L L E ARKANSAS Section I. 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 para. graph, section. clause, phrase or part of said Flood Damage Prevention Code, for any reason, be held in-) valid, such invalidity shall 'not affect the validity of the remaining provisions of said ,Flood ;Damage Prevention Code and the application .O1 those provision to any per- son or circumstances shall not be affected thereby. PASSED AND APPROVED this 18th day of April, 1995. APPROVED: By: Fred Hanna, Mayor ATTEST: :By: Traci Paul, City CLerk STATE OR ARKANSAS J SS. County of Washington I, C1E3pr3, � iron ' ^ A "' hereby cer- tify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, 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 (daily) 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 adefmite 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 the news value and service value it 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 O(?d-t.,,afrn-e0 4-3So8 was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the O ( C2 day of 19 g6 the second insertion on day of 19 the third insertion on the day of 19 and the fourth insertion on the day of 19 RECEIVED Publisher / General Manager MAY 03 1995 FRANCE DEPT. Sworn to and subscribed before me on this CVIV day of ' Notary Public, State of Arkansas My Commission Expires: Washington County My Commission Expires 02/27/05 Fees for Printing $ /0J. Cost of Proof $ Total $ Notary Public