HomeMy WebLinkAboutOrdinance 5141 _ r
ORDINANCE NO. 5141
AN ORDINANCE REPEALING AND REPLACING CHAPTER
168 : FLOOD DAMAGE PREVENTION CODE OF THE
UNIFIED DEVELOPMENT CODE, FAYETTEVILLE CODE OF
ORDINANCES.
WHEREAS, the General Assembly of the State of Arkansas has in Ark. Code Ann. § 14-
268- 101 et seq., delegated the responsibility of local governmental units to adopt regulations to
minimize flood losses; and,
WHEREAS, the Federal Emergency Management Agency (FEMA) has identified
Special Flood Hazard Areas of Fayetteville in the current scientific and engineering report
entitled "The Flood Insurance Study (FIS) for Washington County, Arkansas, dated May 16,
2008, with an effective Flood Insurance Rate Map (FIRM) dated May 16, 2008; and,
WHEREAS, these Special Flood Hazard Areas are subject to periodic flooding events
that result in loss of life and property, pose health and safety hazards, disrupt commerce and
governmental services, and cause extraordinary public expenditures for flood protection and
relief, all of which adversely affect the public health, safety and general welfare; and,
WHEREAS, these periodic flooding events are exacerbated by the cumulative effect of
floodplain developments which cause an increase in flood heights and velocities, and by the
placement of inadequately elevated, inadequately floodproofed or otherwise unprotected
structures or uses vulnerable to floods into Special Flood Hazard Areas. Such structures or uses
are inherently hazardous to other lands because of their adverse impact on flooding events.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals
Chapter 168 : Flood Damage Prevention Code of the Unified Development Code, Fayetteville
Code of Ordinances, and adopts an Amended Version of Chapter 168: Flood Damage Prevention
Code, as set forth in Exhibit A, attached hereto, and incorporate herein by reference as if set forth
word-for-word in its entirety.
Section 2. That a copy of the referenced code shall be filed in the office of the City Clerk
and shall be available for inspection and copying by any person during normal office hours.
Section 3 . That this ordinance does not repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. Whenever there is a conflict or overlap between this
ordinance and another ordinance, easement, covenant, or deed restriction, the instrument with the
more stringent restrictions applies.
Page 2
Ord. No. 5141
Section 4. That in the interpretation and application of this ordinance, all provisions must:
A. Be considered as minimum requirements;
B. Be liberally construed in favor of the governing body; and
C. Be deemed to neither limit nor repeal any other powers
granted under State statutes.
Section 5 . That the degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes. Documented scientific and engineering data form the basis
for these requirements. On rare occasions, flooding events greater than those considered for this
ordinance will occur. In addition, flood heights may increase over time due to man-made or
natural causes. This ordinance does not imply that land outside Special Flood Hazard Areas will
be free from flooding, nor that strict adherence to this ordinance protects uses permitted within
Special Flood Hazard Areas from all flood damages. This ordinance specifically does not create
liability on the part of the community, nor any official or employee of the community, for any
flood damages that result while strictly following this ordinance, or from any lawful
administrative decision made under the provisions of this ordinance.
Section 6. EMERGENCY CLAUSE. It is hereby found and declared by the City Council
of the City of Fayetteville that severe flooding has occurred in the past within its jurisdiction and
will certainly occur within the future; that flooding is likely to result in infliction of serious
personal injury or death, and is likely to result in substantial injury or destruction of property
within its jurisdiction; in order to effectively comply with minimum standards for coverage
under the National Flood Insurance Program; and in order to effectively remedy the situation
described herein, it is necessary that this ordinance become effective immediately. Therefore, an
emergency is hereby declared to exist, and this ordinance, being necessary for the immediate
preservation of the public peace, health and safety, shall be in full force and effect from and after
its passage and approval . ,tJW1111F,,,,
�okaa' ` YvTRq ff.A
PASSED and APPROVED this 6h day of May, 2008. =`aGotabiYat 0 o; we ,pi
APPROVE ATTEST: c ; FAYETTEVILLE ;
,max.• , :�.
By: W �_ By: ''�,�AGTOtA G�``���
D COODY, Mayor SO RA E. SMITH, City Clerk/Treasurer auuwtt'
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 168: FLOOD DAMAGE PREVENTION CODE
168.01 Purpose
(A) The purpose of this ordinance is to promote the construction, or after substantial
public health, safety and general welfare, to improvement of the structure, or after
prevent adverse impacts from any floodplain substantial damage has occurred;
development activities, and to minimize public
and private losses due to flooding events in (3) This ordinance controls the alteration of
identified Special Flood Hazard Areas. This natural floodplains, stream channels and
ordinance advances the stated purpose through natural protective barriers which are involved
provisions designed to: in the accommodation and transport of flood
waters;
(1) Protect human life and health;
(4) This ordinance controls floodplain
(2) Protect natural floodplains against development (structural development,
unwise development; placement of manufactured structures,
clearing, grading, mining, drilling, dredging,
(3) Eliminate adverse impacts of necessary placement of fill, excavating, watercourse
floodplain development; alteration, drainage improvements, roadway
or bridge construction, individual water or
(4) Minimize expenditure of public monies sewer installations and other activities)
on flood control projects, which may increase flood damage by
increasing flood elevations, flood water
(5) Minimize the need for rescue and relief velocities, or flood discharge patterns;
efforts associated with flooding and
generally undertaken at the expense of (5) This ordinance regulates the construction of
the general public; flood barriers which unnaturally divert
floodwaters or which may adversely impact
(6) Minimize prolonged business other lands.
interruptions due to flooding events;
168.02 Definitions
(7) Minimize damage to public facilities and
utilities such as water and gas mains, Unless specifically defined below, words or phrases
electric, telephone and sewer lines, used in this Code have their common usage meaning
streets and bridges located in Special to give the most reasonable application to this Code.
Flood Hazard Areas;
Additional definitions for floodplain management
(8) Minimize future flood blight areas to terms can be found at Part 59. 1 of 44 CFR.
help maintain a stable tax base;
44 CFR (Emergency Management and Assistance —
(9) Provide for notice to potential buyers National Flood Insurance Program Regulations)
when property is in a Special Flood Parts 59-75 contain Federal regulations upon which
Hazard Area; local floodplain managements are based
(10) To ensure that those who occupy the 44 CFR § 65. 12 contains the section of the Federal
areas of special flood hazard assume regulations which involves revision of flood insurance
responsibility for their actions. rate maps to reflect base flood elevations caused by
proposed encroachments.
(8) This ordinance uses the following methods to
accomplish the stated purpose: "100-year flood" is any flood with a 1 % chance of
occurring in any given year. The term is misleading,
(1 ) This ordinance restricts or prohibits because of its statistical derivation. A 100-year
structures or uses in Special Flood Hazard flood may occur many times in any given 100-year
Areas that adversely impact health, safety or period, or it may not occur at all in 100 years.
property during flooding events;
"500-year flood" is any flood with a 0.2% chance of
(2) This ordinance requires protection against occurring in any given year. As with the 100-year
flood damage for structures or uses flood, this term is also misleading, because of its
vulnerable to floods at the time of initial statistical derivation. A 500-year flood may occur
• S
many times in any given 500-year peridtl, ai it may "Cleanng" is the act of cutting timber or shrubs from
not occur at all in 500 years. an area
"Adverse impact" means any negative or harmful "Commercial business park" is typically an area of
effect. offices or light industrial usage, although retail,
service, or industrial usage is sometimes included in
"AE Risk Zones" are special flood hazard areas supporting roles. For example, a commercial
where detailed studies have determined base flood business park of office complexes may also include
elevations. restaurants which service these offices.
"AH Risk Zones" are special flood hazard areas "Concrete deadman anchors" are heavy steel rods
characterized by shallow flooding with ponding effects embedded in buried sections of concrete, used to
(where floodwaters accumulate in depressions and secure items in place under tension.
linger until absorbed or evaporated).
"Covenant" is a clause in a contract that requires one
"AD Risk Zones" are special flood hazard areas party to do, or refrain from doing, certain things. A
characterized by shallow flooding with sheet flow covenant frequently appears as a restriction that a
(where floodwaters flow in a broad, shallow sheet lender imposes on a borrower,
rather than through a narrow channel).
"Crawlspace" is a type of structural foundation where
"A Risk Zones" are special flood hazard areas the space beneath the lowest floor is typically not
without detailed studies, where base flood elevations deep enough to allow a person to stand and not all
have not been determined. four walls are below grade.
"Appeal Board" means a person or persons "Critical Facilities" include: Governmental facilities
specifically designated to render decisions on that are considered essential for the delivery of
variance applications and floodplain management critical services and crisis management (such as data
complaints. and communication centers and key governmental
complexes); facilities that are essential for the health
Automatic" entry and exit of floodwaters means that and welfare of the whole population (such as
the water must be able to enter and exit with no hospitals, prisons, police and fire stations, emergency
intervening action from a person. operations centers, evacuation shelters and schools);
mass transportation facilities (such as airports, bus
"Base flood elevation" refers to the expected height of terminals, train terminals); lifeline utility systems
floodwaters during the peak of the base flood event. (including potable water, wastewater, oil, natural gas,
electric power and communications systems); high
"Basement" is any enclosed area that is below grade potential loss facilities (such as nuclear power plants
on all four walls. or military installations); hazardous material facilities
(such as industrial facilities housing or manufacturing
WE" is the acronym for Base Flood Elevation, or disposing of corrosives, explosives, flammable
materials, radioactive materials and toxins.
"Buoyancy" is the upward force exerted by water.
Buoyancy can cause underground tanks to float free "D Zones" areas in which the flood hazard has not
and can lift structures off foundations. been determined, but may be possible
"Certificates of Compliance" are formal documents "Deed restriction" refers to a clause in a deed that
issued by floodplain administrators certifying that limits the future uses of the property in some respect.
completed projects comply with the requirements of Deed restrictions may impose a vast variety of
the local Code. limitations and conditions, for example, they may limit
the density of buildings, dictate the types of structures
"CFR" is the acronym for the Code of Federal that can be erected, prevent buildings from being
Regulations. The Code of Federal Regulations is the used for specific purposes or even from being used at
codification of the general and permanent rules all.
published in the Federal Register by the executive
departments and agencies of the Federal "Development Permit" refers to the permit required for
Government. It is divided into 50 titles that represent placing a development in the Floodplain.
broad areas subject to Federal regulation. The
Federal regulations pertaining to the national Flood "Elevation Certificate" refers to FEMA form 81 -31 ,
Insurance Program are found in title 44, Emergency which for the purposes of this Code must be properly
Management and Assistance. completed by a Professional Engineer, Surveyor or
Architect licensed to practice in the State of
Arkansas.
2of14
foundation or wall collapse from lateral hydrostatic
"Existing Structure" means, for floodplain pressure.
management purposes, a structure which is in place
before any reconstruction, rehabilitation, addition, or "Hydrodynamic fomes" are the forces and stresses
other improvement takes place. associated with moving water, including impacts from
objects carried in the water.
"Existing Manufactured Home Park or Subdivision"
means a manufactured home park or subdivision for "Hydrostatic flood forces" are the forces and stresses
which the construction of facilities for servicing the associated with standing floodwaters,
lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of "Lacustrine Flooding" is flooding associated with a
utilities, the construction of streets, and either final lake.
site grading or the pouring of concrete pads) is • .
completed before the effective date of the floodplain "Lateral forces" are the horizontal hydrostatic forces
management regulations adopted by a community. associated with standing water. Water exerts an
equal force in all directions, and as little as three feet
"Expansion to an Existing Manufactured Home Park of standing water can generate sufficient lateral force
or Subdivision" - means the preparation of additional to collapse a foundation or wall.
sites by the construction of facilities for servicing the
lots on which the manufactured homes are to be "Mixed Use Structures" are structures with both a
affixed (including the installation of utilities, the business and a residential component, but where the
construction of streets, and either final site grading or area used for business is less than 50% of the total
the pouring of concrete pads). floor area of the structure.
"Flood Fringe" refers to the portion of the 100-year "New Manufactured Home Park or Subdivision" -
floodplain which is outside the floodway (See means a manufactured home park or subdivision for
definition of floodway Chapter 151 : Definitions.) which the construction of facilities for servicing the
lots on which the manufactured homes are to be
"Floodplain Management" means the operation of an affixed (including at a minimum, the installation of
overall program of corrective and preventive utilities, the construction of streets, and either final
measures for reducing flood damage, including but site grading or the pouring of concrete pads) is
not limited to emergency preparedness plans, flood completed on or after the effective date of floodplain
control works and floodplain management management regulations adopted by a community.
regulations.
"No Adverse Impact principle" is a principle of
"Flooding events" are general or temporary conditions restricting or prohibiting land development that does
of partial or complete inundation of normally dry land harm or adversely affects someone else s property
areas from the overflow of inland or tidal waters, or or land.
from the unusual and rapid accumulation or runoff of
surface waters from any source. "Nonresidential Structures" are structures used only
for commercial or public purposes, such as
"Floodplain Administrator" refers to the community businesses, schools, churches, etc.. .
official designated in the local Flood Damage
Prevention Code as responsible for the Code s "No-Rise Certificates" are formal certifications signed
administration. and stamped by a Professional Engineer licensed to
practice in the Slate of Arkansas, demonstrating
"Floodplain Development Permit" is a permit issued through hydrologic and hydraulic analyses performed
by the local Floodplain Administrator and is required in accordance with standard engineering practice that
before beginning any development in an area a proposed development will not result in any
designated as a Special Flood Hazard Area on the increase in flood levels within the community during
community s FIRM. the occurrence of a base flood event.
"Floodproofing Certificate" refers to FEMA form 81 - "Piers" are columns of masonry or other structural
65, which for the purposes of this Code must be material (commonly cement blocks stacked up to
properly completed by a Professional Engineer or support a manufactured home), usually rectangular,
Architect licensed to practice in the State of used to support other structural members.
Arkansas.
"Pilings" are steel tubes driven to rock or a suitable
"Flow-through openings" are openings specifically soil bearing layer and connected to the foundation of
designed to allow floodwaters to flow into and out of a structure.
enclosed spaces, minimizing the danger of
3of14
"Ponding" is a flooding effect where floodwaters cclurt 's, or any work beyond the stage of excavation;
accumulate in shallow depressions and linger until or the placement of a manufactured home on a
absorbed or evaporated. foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling;
"Recreational vehicles" means a vehicle which is: nor does it include the installation of streets and/or
(i) built on a single chassis, I walkways; nor does it include excavation for
(ii) 400 square feet or less when measured at basement, footings, piers or foundations or the
the largest horizontal erection of temporary forms; nor does it include the
projections; installation on the property of accessory buildings,
(iii) designed to be self-propelled or such as garages or sheds not occupied as dwelling
permanently towable by a light duly units or not part of the main structure. For a
truck; and substantial improvement, the actual start of
(iv) designed primarily not for use as a construction means the first alteration of any wall,
permanent dwelling but as temporary ceiling, floor, or other structural part of a building,
living quarters for recreational, camping, whether or not that alteration affects the external
travel, or seasonal use. dimensions of the building.
"Risk Zones" categorize special flood hazard areas 'State Coordinating Agency" is the agency that acts
into groupings by the specific risk of flooding. Zones as a liaison between FEMA and a community for the
A, AE, A0, and AH are Special Flood Hazard Areas. purposes of floodplain management. The Arkansas
See X Risk Zones in this section. % Natural Resources Commission is the State
Coordinating Agency for Arkansas.
`Rivedne flooding" is flooding associated with a river
or stream channel. "Stream channels" are depressed natural pathways
through which water of any quantity routinely flows.
"RV" is the acronym for recreational vehicle.
'Structural development' is a development that
"Screw augers" are any type of anchor that twists into includes the placement or construction of a structure.
the soil, typically to a depth of 4 feet or more. They
are not suitable for securing manufactured homes 'Structure, " for the purposes of floodplain
against floodwaters because saturated grounds often management, refers to any building with two or more
soften and fail to hold the anchor in place. rigid walls and a fully secured roof on a permanent
site or to any gas or liquid storage tank that is
"Section 404 Wetlands Permit" is a permit required principally above ground.
under Section 404 of the Clean Water Act for the
discharge of dredged and fill material into any surface "Uses vulnerable to floods" are simply any land or
water of the United States. The US Army Corps of structural uses that may be negatively affected by a
Engineers issues Section 404 permits. flood.
"SFHA" is the acronym for Special Flood Hazard "Watercourse alteration" refers to any change that
Area. occurs within the banks of a watercourse.
"Shallow flooding" means a depth of less than 3 feet. "X Risk Zones" are a special group of insurance risk
zones. One type, shown as non-shaded areas on
"Stab anchors" are anchors where the hook of the FEMA issued flood maps, indicates a zone where
anchor is wrapped around a horizontal rebar in the flooding is not expected to occur. The second type,
slab before the concrete is poured. shown as shaded areas of FEMA flood maps,
indicates a flood hazard area that is expected to be
"Special flood hazard areas" are geographical areas affected by the 500-year flood, but not by the 100-
identified on FEMA flood maps as being at-risk for year base flood.
flooding. The maps further categorize these areas
into various flood risk zones A, AE, AH, and AO. 168.03 Applicability
"Start of Construction" includes substantial The ordinance shall apply to all Special Flood Hazard
improvement and means the date the building permit Areas within the jurisdiction of the City of Fayetteville.
was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 168.04 Compliance
days of the permit date. The actual start means
either the first placement of permanent construction Constructing, locating, substantially altering or
of a structure on a site, such as the pouring of slab or changing the use of any structure or land after the
footings, the installation of piles, the construction of effective date of this ordinance requires full
4of14
compliance with the provisions of this ordinance and (c) The proposed development s
all other applicable regulations. potential to adversely impact life and
property by changing flooding patterns,
168.05 Administration changing erosion rates, or being swept
onto other lands by flood waters;
(A) Designation of the Floodplain Administrator - The
Mayor, or his designee, is hereby appointed to (d) The proposed development s
act as the Floodplain Administrator. susceptibility to flood damage;
(B) Duties & responsibilities of the Floodplain (e) The proposed development s
Administrator - It is the duty and responsibility of compatibility with existing and planned
the Floodplain Administrator or his designee to: community development;
(1) Obtain accreditation each year as required (1) The proposed development s
by A.C.A. 14-268-106 through the State accessibility by ordinary and emergency
Coordinating Agency, which is the Arkansas vehicles during flooding events;
Natural Resources Commission.
(g) The anticipated costs of providing
(2) Administer and implement the provisions of governmental services to the proposed
this Code and other appropriate sections of development during and after flooding
44 CFR (Emergency Management and events, including maintenance and
Assistance - National Flood Insurance repair of streets, bridges, facilities and
Program Regulations) as they pertain to public utilities such as sewer, gas,
floodplain management electrical and water systems;
(3) Review applications for Floodplain (h) The proposed development s
Development Permits to: I functionally dependent use;
(a) Evaluate proposed projects for (i) The availability of alternative
reasonable safety from flooding; locations, not subject to flooding or
erosion damage, for the proposed
(b) Evaluate proposed projects for development; and
conformance with No Adverse Impact
principles, Q) The relationship of the proposed
use to the comprehensive plan for that
(c) Ensure that all other permits area.
necessary (including Section 404
Wetlands Permits as required by the (5) Interpret the exact location of the boundaries
Federal Water Pollution Control Act of Special Flood Hazard Areas whenever a
Amendments of 1972, 33 U.S.C. 1334) mapped boundary appears to be different
for proposed projects are obtained from from actual field conditions. (The sole
the appropriate government agency purpose of this interpretation is to
prior to issuing a Floodplain determinate the applicability of the
Development Permit; and provisions of this Code to the proposed
project.)
(d) Ensure that proposed projects
conform to the applicable provisions of (6) Notify adjacent communities and the State
this Code. Coordinating Agency, which is the Arkansas
Natural Resources Commission, a minimum
(4) Approve or deny applications for Floodplain of 60 days prior to any alteration or
Development Permits on the basis of: relocation of a watercourse, and submit
evidence of all such notifications to FEMA.
(a) The proposed development s
compliance or non-compliance with the (7) Ensure that the flood carrying capacity within
provisions of this Code; an altered or relocated portion of a
t watercourse is not diminished, and that the
(b) The expected flood elevation, flood _ alteration or relocation does not adversely
water velocity, flood duration, rate of impact any other lands.
rise and sediment transport of the
floodwaters expected at the proposed (8) Obtain, review and reasonably utilize,
development site; whenever the current Flood Insurance Study
or current Flood Insurance Rate Map does
5of14
not provide base flood elevation data, any Arkansas the designated Appeal Board is the
base flood elevation data and floodway data City Council.
available from any Federal, State or other
source. The Floodplain Administrator may 168.08 Variances
obtain such data by requiring the applicant
to submit it in conjunction with a Floodplain Applicants may submit petitions for variances per the
Development Permit application. (The sole requirements of 156.03 (C)(6).
use of this data is the administration of the
provisions of this Code.) 168.09 Appeals
(9) Inspect floodplain developments as Applicants may appeal decisions of the Floodplain
necessary to ensure construction is in Administrator per the requirements of 155.06 (C)(1 ).
accordance with the application data that
formed the basis for the decision to issue 168.10 Provisions For Flood Hazard Reduction
the Floodplain Development Permit.
(10) Issue Certificates of Compliance. (A) General Standards. The following standards
apply to all developments in Special Flood Hazard
Areas, regardless of the type of proposed
(11 ) Maintain all records and documents development or the Risk Zone of the proposed site.
pertaining to this Code for public inspection.
168.06 Establishment of Development Permit (1) All new and substantial construction or
substantial improvements shall be designed
(or modified) and adequately anchored to
A Floodplain Development Permit is required for all prevent flotation, collapse or lateral
structural development, placement of manufactured movement of the structure resulting form
structures, clearing, grading, mining, drilling, hydrodynamic and hydrostatic loads,
dredging, placement of fill, excavating, watercourse including the effects of buoyancy;
alteration, drainage improvements, roadway or bridge
construction, individual water or sewer installations or (2) All new construction or substantial
any other development in a Special Flood Hazard improvements shall be constructed by
Area to ensure conformance with the provisions of methods and practices that minimize flood
this Code. damage;
168.07 Permit Procedures
(3) All new construction or substantial
improvements shall be constructed with
(A) Application for a Floodplain Development materials resistant to flood damage;
Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and (4) All critical facilities constructed or
may include, but not be limited to, plans in substantially improved in Special Flood
duplicate drawn to scale showing the location, Hazard Areas (SFHA) must be constructed
dimensions, and elevation of proposed or modified to exceed 500-year flood
landscape alterations, existing and proposed protection standards or located outside the
structures, including the placement of SFHA.
manufactured homes, and the location of the
foregoing in relation to areas of special flood (5) The placement or construction of all new
hazard. structures must be in full compliance with
(B) The documentation required with each the provisions of this Code.
Application for a Floodplain Development (6) For the purposes of this Code, all mixed-use
Permit, and the specific provisions of this Code structures are subject to the more stringent
applicable to the proposed development, are requirements of residential structures.
dependant upon the type of development
proposed and the Risk Zone of the proposed (7) A substantial improvement or substantial
development site. 168. 10(A) contains damage to an existing structure triggers a
standards for all developments in all Risk requirement to bring the entire structure into
Zones. 168. 11 contains standards for specific full compliance with the provisions of this
development types in specific Risk Zones. Code. The existing structure, as well as any
reconstruction, rehabilitation, addition, or
(C) The decision of the Floodplain Administrator to other improvement, must meet the
approve or deny issuance of a Floodplain standards of new construction in this Code.
Development Permit is subject to appeal to the
designated Appeal Board, Within Fayetteville,
6of14
(8) Any improvement to an existing structure requirement must either be certified by a
that is less than a substantial improvement registered professional engineer or architect
requires the improvement, but not the or meet or exceed the following minimum
existing structure, to be in full compliance criteria:
with the provisions of this Code.
(a) A minimum of two openings on
(9) All manufactured homes to be placed within separate walls having a total net
a Special Flood Hazard Area on a area of not less than 1 square inch
community's FIRM shall be installed using for every square foot of enclosed
methods and practices which minimize flood area subject to flooding shall be
damage. For the purposes of this provided.
requirement, manufactured homes must be
elevated and anchored to resist flotation, (b) The bottom of all openings shall be
collapse, or lateral movement. Methods of no higher than 1 foot above grade.
anchoring may include, but are not limited
to, use of over-the-top or frame ties to (c) Openings may be equipped with
ground anchors. This requirement is in screens, louvers, valves, or other
addition to applicable State and local coverings or devices provided that
anchoring requirements for resisting wind they permit the automatic entry and
forces. Screw augers or expanding anchors exit of floodwaters.
will not satisfy the requirement of this
provision.
oc
(10) The design or location of electrical, heating,
ventilation, plumbing, and air conditioning
equipment for new structures, or for any
improvements to an existing structure, must �.• 4
prevent water from entering or accumulating i yi
within the components during base flood
events.
(11) The design of all new and replacement water (16) The placement of recreational vehicles (RV)
supply systems must minimize or eliminate in Special Flood Hazard Areas must either
infiltration of floodwaters into the system
during base flood events. (a) be temporary, as demonstrated by
the RV being fully licensed, being on
(12) The design of all new and replacement wheels or a jacking system, attached to
sanitary sewage systems must minimize or the site only by quick disconnect type
eliminate infiltration of floodwaters into the utilities and security devices, having no
system during flooding events, and must
prevent sewage discharge from the systems permanently attached additions, and
into floodwaters. being immobile for no more than 180
consecutive days; or else
(13) The placement of on-site waste disposal
systems must avoid impairment to, or applicable
meet all provisions this Code
applicable to manufactured
red home
contamination from, the disposal system structures.
during base flood events.
(14) Construction of basement foundations in any (17) All proposals for the development of a
Special Flood Hazard Area is prohibited. residential subdivision, commercial business
park or manufactured home park/subdivision
(15) New construction and substantial must have public utilities and facilities such
as sewer, gas, electrical and water systems
improvements, with fully enclosed areas
(such as garages and crawlspaces) below located and constructed to minimize or
eliminate flood damage.
the lowest floor that are usable solely for
parking of vehicles, building access or (18) AII proposals for the development of a
storage in an area other than a basement residential subdivision, commercial business
and which are below the base flood park or a manufactured home
elevation shall be designed to automatically
equalize hydrostatic flood forces on exterior park/subdivision must include adequate
walls by allowing for the entry and exit of drainage plan to reduce exposure to flood
hazards.
floodwaters. Designs for meeting this
7of14
(19) All proposals for the development of a
commercial business park or a j
manufactured home park/subdivision must FVil �o �t41
include an adequate evacuation plan for the
escape of citizens from affected r e a
nonresidential structures during flooding =,,CGO Sc. F -L
events. rviln j: : :
F ICO(i
(20) Standards for Subdivisions: Applications for .. � � .:�.. . i� "? % o r• r>
preliminary, final, and/or concurrent plat po
approval shall 2. 1
(a) Identify the special flood hazards
areas, including delineation of
floodways and the elevation of the
base flood.
(d) For subdivisions partially located in
(b) All final plats shall provide the special flood hazard areas,
elevation of proposed structure(s) minimum lot area requirements
and pad(s). If the site is filled above may be waived by the director to
the base flood, the final pad allow the platting of lots to be
elevation shall be verified by a clustered outside the special flood
registered professional engineer, or hazard area, the density permitted
surveyor, and provided to the for the zoning district to be
Floodplain Administrator. averaged over the entire parcel,
provided a permanent conservation
(c) To the extent practicable, lot easement is granted to the city, a
boundaries shall be made to land trust, or the property owners
coincide with natural and pre- association to ensure that the area
existing man-made drainage ways of special flood hazard will remain
within subdivisions to avoid the undeveloped.
creation of lots that can be built
upon in only by altering such (c) In any area that is located outside a
drainage ways. (See illustration: special flood hazard area, but
Figure 3), where a stream is located, no
building or fill may be located within
a distance of the stream bank equal
i to two and one-half the width of the
stream measured from top of bank
to top of bank, or 25 feet on each
side, whichever is greater.
1fi? o" (f) In all areas designated as a Zone A
on the FIRM where a detailed study
I has not been completed to specify
Don : 'un Th;. the floodway and base flood
elevations, no building or fill shall
be located within a distance of two
Any lot platted so that a portion of and one-half times the width of the
the lot lies in a special flood hazard stream measured from the top of
area shall contain a minimum of the bank to the top of bank, or 25
6,000 square feet of buildable area, feet on each side, whichever is
including setbacks, outside the greater.
special flood hazard area, or if it
contains less than 6,000 square (i) Provided, the applicant may
feet of buildable area, it shall be choose if not required by other
platted to contain a minimum of one provisions of this chapter, to
acre. Any tot platted so that the provide a detailed hydrologic
entire lot lies in a special flood and hydraulic study which
hazard area shall contain a delineates the floodway, 100-
minimum of one acre. (See year Floodplain boundary, and
illustration: Figure 4) base flood elevations. At such
8of14
time a study is provided and
adopted by ordinance, the (i) have the lowest floor
applicant shall meet all (including basement)
requirements for areas elevated 2 feet or more
designated with floodway, 100- above the base flood level
year floodplain, and base flood or
elevations.
be floodproofed such that,
(ii) If, for some reason, the together with attendant
property owner believes the utility and sanitary
FIRM to be inaccurate, a letter facilities, be designed so
of map amendment may be that below an elevation of
submitted to FEMA. If the 3 feet above the base
boundaries of the floodplain flood level the structure is
are amended by FEMA, watertight with walls
setbacks will be enforced substantially impermeable
pursuant to the amendment. to the passage of water
and with structural
168.11 Risk Zone Specific Standards components having the
capability of resisting
In addition to the General Standards, the following hydrostatic and
standards apply to specific development types in hydrodynamic loads and
specific Risk Zones, except as revised in Section E of effects of buoyancy.
this Article. Risk Zones listed in this Code that do not
appear on the current FIRM are not applicable. (iii) A registered professional
engineer or architect shall
(A) In AE Risk Zones: develop and/or review
structural design,
Special Flood Hazard Areas with base floods specifications, and plans
determined for the construction, and
shall certify on a
(1 ) For Residential Structures in Zone Floodproofing Certificate
AE: that the design and
methods of construction
(a) For all new residential structures, are in accordance with
the top surface of the lowest floor must have accepted standards of
an elevation 2 feet or more above the practice as outlined in this
published BFE. This elevation must be subsection. A record of
documented on an Elevation Certificate such certification which
properly completed by a Professional includes the specific
Engineer, Surveyor or Architect licensed to elevation (in relation to
practice in the State of Arkansas. mean sea level) to which
such structures are
(b) For all substantial improvements or floodproofed shall be
substantial damage to existing residential maintained by the
structures, the entire structure becomes Floodplain Administrator.
subject to the requirements of a new
residential structure. (b) For all substantial improvements or
substantial damage to existing commercial,
(c) For any reconstruction, industrial or other nonresidential structures
rehabilitation, addition, or other improvement the entire structure becomes subject to the
to an existing residential structure that is requirements of a new nonresidential
less than a substantial improvement, only structure.
the improved area, but not the entire
structure, becomes subject to the (c) For any reconstruction,
requirements of a new residential structure. rehabilitation, addition, or other improvement
to an existing nonresidential structure that is
(2) For Nonresidential Structures in less than a substantial improvement, only
Zone AE: the improved area, but not the entire
structure, becomes subject to the
(a) All new commercial, industrial or requirements of a new nonresidential
other nonresidential structures must either: structure.
9of14
structure becomes subject to
(3) For Manufactured Homes in Zone the requirements of a new
AE: manufactured home.
(a) All manufactured homes that are (iv) For any reconstruction,
placed or substantially improved on sites: rehabilitation, addition, or other
improvement to an existing
(i) outside of a manufactured manufactured home that is less
home park or subdivision, than a substantial improvement,
only the improved area, but not
(ii) in a new manufactured the entire structure, becomes
home park or subdivision, subject to the requirements of a
new manufactured home.
(iii) in an expansion to an
existing manufactured home (c) Where FEMA has not established a
park or subdivision, or regulatory floodway in Zone AE, no
Floodplain Development Permit may be
(iv) in an existing issued unless a detailed engineering
manufactured home park or analysis is submitted along with the
subdivision on which a application that demonstrates the increase
manufactured home has in base floodwater elevation due to the
incurred "substantial damage" proposed development and all cumulative
as a result of a flood, be developments since the publication of the
elevated on a permanent current FIRM will be less than 1 foot,
foundation such that the lowest
floor of the manufactured home
is elevated 2 feet or more (B) Floodways - High risk areas of stream
above the base flood elevation channel and adjacent floodplain
and be securely anchored to an
adequately anchored foundation (1 ) Developments in regulatory
system to resist flotation, floodways are prohibited, unless:
collapse, and lateral movement.
Re (a) A No-Rise Certificate, signed and
(b) Require that manufactured homes stamped by a Professional
be placed or substantially improved on sites Engineer licensed to practice in the
in an existing manufactured home park or State of Arkansas, is submitted to
subdivision on the community's FIRM that demonstrate through hydrologic
are not subject to the provisions of and hydraulic analyses performed
168.11 (A)(3)(a) of this section be elevated in accordance with standard
so that either: engineering practice that the
proposed development would not
(i) the lowest floor of the result in any increase in flood levels
manufactured home is 2 feet or within the community during the
more above the base flood occurrence of a base flood event:
elevation, or or
(ii) the manufactured home (b) All requirements of 44 CFR 65. 12
chassis is supported by are first met.
reinforced piers or other
foundation elements of at least (2) No Manufactured Home may be
equivalent strength that are no placed in a regulatory floodway,
less than 36 inches in height regardless of elevation height,
above grade and be securely anchoring methods, or No-Rise
anchored to an adequately Certification.
anchored foundation system to
resist flotation, collapse, and (C) In AH or AD Risk Zones - Special Flood
lateral movement. Hazard Areas of shallow flooding
(iii) For all substantial (1 ) For Residential Structures in Zones
improvements or substantial AH or A0:
damage to existing -
manufactured home, the entire
10 of 14