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,,,,
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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.
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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
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"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
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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
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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,
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(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
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(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
(a) All new residential structures must
be constructed with the top surface
of the lowest floor elevated 2 feet or
more above the published BFE, or
2 feet above the highest adjacent
grade in addition to the depth
number specified (at least 2 feet if
no depth number is specified) on
the community's FIRM. This
elevation must be documented on
an Elevation Certificate properly
completed by a Professional
Engineer, Surveyor or Architect
licensed to practice in the State of
Arkansas.
(b) For all substantial improvements or
substantial damage to existing
residential structures the entire
structure becomes subject to the
requirements of a new residential
structure.
(c) For any reconstruction,
rehabilitation, addition, or other
improvement to an existing
residential structure that is less
than a substantial improvement,
only the improved area, but not the
entire structure, becomes subject to
the requirements of a new
residential structure
(2) For Nonresidential Structures in
Zones AH or AO:
(a) All new commercial, industrial or
other nonresidential structure must
either:
(i) have the top surface of the
lowest floor elevated 2 feet or
more above the published
BFE, or 2 feet or more above
the highest adjacent grade in
addition to the depth number
specified (at least 2 feet if no
depth number is specified) on
the community's FIRM, with
documentation on an Elevation
Certificate properly completed
by a Professional Engineer,
Surveyor or Architect licensed
to practice in the State of
Arkansas; or
(ii) be floodproofed such that
the structure, together with
attendant utility and sanitary
facilities be designed so that
below 3 feet or more above the
published BFE in Zone AH, or
IIofl4
3 feet or more above the base
specified flood depth in an AO
Zone, 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.
(b) For all substantial improvements or
substantial damage to existing
commercial, industrial or other
nonresidential structures the entire
structure becomes subject to the
requirements of a new
nonresidential structure.
(c) For any reconstruction,
rehabilitation, addition, or other
improvement to an existing
nonresidential structure that is less
than a substantial improvement,
only the improved area, but not the
entire structure, becomes subject to
the requirements of a new
nonresidential structure.
(3) For Manufactured Homes in Zones
AH or AO:
(a) All manufactured homes that are
placed or substantially improved on
sites:
(i) outside of a manufactured
home park or subdivision,
(ii) in a new manufactured
home park or subdivision,
(iii) in an expansion to an
existing manufactured home
park or subdivision, or
(iv) in an existing
manufactured home park or
subdivision on which a
manufactured home has
incurred "substantial damage"
as a result of a flood, be
elevated on a permanent
foundation such that the lowest
floor of the manufactured home
is elevated 2 feet or more
above the published BFE, or 2
feet or more above the highest
adjacent grade in addition to
the depth number specified (at
least 2 feet if no depth number
is specified) on the
community's FIRM, and be
(5) Require adequate drainage paths
securely anchored to an
around structures on slopes, to guide
adequately anchored
flood waters around and away from
foundation system to resist
proposed structures.
flotation, collapse, and lateral
movement.
(0) In A Risk Zones - Special Flood Hazard
(b) Require that manufactured homes
Areas with no base flood elevations
be placed or substantially improved
determined
on sites in an existing
manufactured home park or
(1) In Zone A, The applicant or the
subdivision on the community's
applicants agent must determine a
FIRM that are not subject to the
base flood elevation prior to
provisions of 168.11 (C)(3)(a) of
construction. The BFE will be based on
this section be elevated so that
a source or method approved by the
either:
local Floodplain Administrator.
(i) the lowest floor of the
(2) For Residential Structures in Zone
manufactured home meets the
A:
elevation standard of 168.11
(C)(3)(a)(iv), or
(a) For all new residential structures,
the top surface of the lowest floor
(ii) the manufactured home
must have an elevation 2 feet or
chassis is supported by
more above the BFE. This
reinforced piers or other
elevation must be documented on
foundation elements of at least
an Elevation Certificate properly
equivalent strength that are no
completed by a Professional
less than 36 inches in height
Engineer, Surveyor or Architect
above grade and be securely
licensed to practice in the State of
anchored to an adequately
Arkansas.
anchored foundation system to
resist flotation, collapse, and
(b) For all substantial improvements or
lateral movement,
substantial damage to existing
residential structures, the entire
(c) For all substantial improvements or
structure becomes subject to the
substantial damage to existing
requirements of a new residential
manufactured home, the entire
structure.
structure becomes subject to the
requirements of a new
(c) For any reconstruction,
manufactured home.
rehabilitation, addition, or other
improvement to an existing
(d) For any reconstruction,
residential structure that is less
rehabilitation, addition, or other
than a substantial improvement,
improvement to an existing
only the improved area, but not the
manufactured home that is less
entire structure, becomes subject to
than a substantial improvement,
the requirements of a new
only the improved area, but not the
residential structure.
entire structure, becomes subject to
the requirements of a new
(3) For Nonresidential Structures in
manufactured home.
Zone A:
(4) Where FEMA has not established a
(a.) All new commercial, industrial or
regulatory floodway in Zones AH or AO,
other nonresidential structures
no Floodplain Development Permit may
must either:
be issued unless a detailed engineering
analysis is submitted along with the
(I) have the lowest floor
application that demonstrates the
(including basement) elevated
increase in base floodwater elevation
{2 feet or more} above the
due to the proposed development and
base flood level or
all cumulative developments since the
publication of the current FIRM will be
(ii) be floodproofed such that,
less than 1 foot.
together with attendant utility
and sanitary facilities, be
12 of 14
designed so that below an
(iii) in an expansion to an
elevation of 3 feet above the
existing manufactured home
base flood level the structure is
park or subdivision, or
watertight with walls
substantially impermeable to
(iv) in an existing
the passage of water and with
manufactured home park or
structural components having
subdivision on which a
the capability of resisting
manufactured home has
hydrostatic and hydrodynamic
incurred "substantial damage"
loads and effects of buoyancy.
as a result of a flood, be
elevated on a permanent
(iii) A registered professional
foundation such that the lowest
engineer or architect shall
floor of the manufactured home
develop and/or review
is elevated 2 feet or more
structural design,
above the base flood elevation
specifications, and plans for
and be securely anchored to
the construction, and' shall
_
an adequately anchored
certify on a Floodproofing
foundation system to resist
Certificate that the design and
flotation, collapse, and lateral
methods of construction are in
movement.
accordance with accepted
standards of practice as
(b) Require that manufactured homes
outlined in this subsection. A
be placed or substantially improved
record of such certification
on sites in an existing
which includes the specific
manufactured home park or
elevation (in relation to mean
subdivision on the community's
sea level) to which such
FIRM that are not subject to the
structures are floodproofed
provisions of 168.11(D)(4)(a) of
shall be maintained by the
this section be elevated so that
Floodplain Administrator.
either:
(b.) For all substantial improvements or
(i) the lowest floor of the
substantial damage to existing
manufactured home is 2 feet or
commercial, industrial or other
more above the base flood
nonresidential structures the entire
elevation, or
structure becomes subject to the
requirements of a new
(ii) the manufactured home
nonresidential structure.
chassis is supported by
reinforced piers or other
(c.) For any reconstruction,
foundation elements of at least
rehabilitation, addition, or other
equivalent strength that are no
improvement to an existing
less than 36 inches in height
nonresidential structure that is less
above grade and be securely
than a substantial improvement,
anchored to an adequately
only the improved area, but not the
anchored foundation system to
entire structure, becomes subject to
resist flotation, collapse, and
the requirements of a new
lateral movement.
nonresidential structure.
(c) For all substantial improvements or
(4) For Manufactured Homes in Zone A:
substantial damage to existing
manufactured home, the entire
(a.) All manufactured homes that are
structure becomes subject to the
placed or substantially improved on
requirements of a new
sites:
manufactured home.
(i) outside of a manufactured (d) For any reconstruction,
home park or subdivision, rehabilitation, addition, or other
improvement to an existing
(ii) in a new manufactured manufactured home that is less
home park or subdivision, than a substantial improvement,
only the improved area, but not the
entire structure, becomes subject to
13 of 14
the requirements of a new
manufactured home.
(5) Base flood elevation data and a regulatory
floodway, utilizing accepted engineering
practices, shall be generated for subdivision
proposals and other proposed development
including the placement of manufactured
home parks and subdivisions which is
greater than 50 lots or 5 acres, whichever is
lesser, if not otherwise provided.
Lpva, Iua. Lcvu
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Bosp °rvtrpan 6nca
IoiM A9iacerl •+ j Lp Vp 1 : t
[I wC 4)n 6'Otlp i.lpv tf:c
V♦ µ Y
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EIcl4tcn5 tit.In p! . -4p :Op M: tie
168.12 Enforcement
(A) Flood hazards are reduced by compliance
with the provisions of this code.
Accordingly, enforcement of this ordinance
discourages non-compliance and is a
recognized mechanism for flood hazard
reduction.
(B) The Floodplain Administrator must enforce
the provisions of this ordinance and is
authorized to:
(1) Issue Stop Work Orders on non-
compliant floodplain development
projects;
(2) Request that FEMA file a 1316
Action (Denial of Flood Insurance)
against non -compliant properties; and
(3) Take any other lawful action
necessary to prevent or remedy any
instance of non-compliance with the
provisions of this ordinance.
(C) It is hereby declared to be a misdemeanor to
violate or fail to comply with any provision of
this ordinance.
(D)
Any person
found guilty in
the District
Court
of violating
this ordinance
is subject
to the
14 of 14
penalties set forth at 10.99 of the
Fayetteville Code of Ordinances.
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
1
V•
City Council
Division
Date i /
Department
Action Required:
An ordinance to repeal and replace U.D.O. Chapter 168: Flood Damage Prevention Code in order to adopt
Flood Insurance Study (FIS) for Washington County, Arkansas dated May 16, 2008, with an effective Flood
Insurance Rate Map (FIRM) dated May 16, 2008.
$0.00
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item XX
n/a
Category / Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
2i�I'na
Department Di ctor Date
City Attorney Date
Finance anclAnternal Service Director Date
Mayor
Date
n/a
/d1
Program Category / Project Name
n/a
Program I Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Original Contract Date: N/A
Original Contract Number: N/A
Received in City Clerk's Office
/ 8
Received in Mayor's Office
ARKANSAS
Date: February 15, 2008
To: Fayetteville City Council
Thru: Dan Coody, Mayor
Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
City of Fayetteville
Engineering Division
113 West Mountain
Fayetteville, AR 72701
ph: 479-575-8206
fax: 479-575-8202
Subject: Ordinance to repeal and replace U.D.O. Chapter 168: Flood Damage
Prevention Code in order to adopt 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.
RECOMMENDATION:
Staff recommends approval of repealing and replacing Chapter 168: Flood Damage
Prevention Code to adopt 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 meet all standards of Paragraph 60.3(d) of NFIP regulations (44 CFR
59, etc.)
BACKGROUND:
On December 20, 2000, the Department of Homeland Security's Federal Emergency
Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified
the Special Flood Hazard Areas in Fayetteville. Recently, FEMA completed a re-
evaluation of flood hazards in Fayetteville and Washington County. The proposed Base
Flood Elevations (BFEs) were published in the Morning News of Northwest Arkansas,
Arkansas Democrat Gazette Fayetteville, and Northwest Arkansas Times, on April 18,
2007 and April 25, 2007. The publication stated a 90 -day appeal period in which time no
appeals where received and the BFEs were then considered final.
The FIS report and DFIRM for Fayetteville will become effective on May 16, 2008.
Fayetteville is required, as a condition of continued eligibility in the National Flood
Insurance Program (NFIP), to adopt floodplain management regulations that meet the
standards of Paragraph 60.3(d) of NFIP regulations (44 CFR 59, etc.) by the effective date
of the FIRM. These standards are the minimum requirements and do not supersede any
State or local requirements of a more stringent nature. Failure to enact the necessary
/V67aloud 71w-ejx 2s;4.
floodplain management regulations will result in suspension from participation in the
NFIP.
DISCUSSION:
The NFIP provided a model ordinance to be used. by communities to meet all standards of
Paragraph 60.3(d) of NFIP regulations (44 CFR 59, etc.). Upon staff inspection of this
model ordinance it was found that (lie City's existing ordinance and the model ordinance
contain much of the same requirements. The model ordinance included some more
stringent requirements that are outlined as fntt
• The City Floodpl a:n kp y
accreditation thrc vt, h t 7 r ission
• Floodplain Bevel, ;,r L r ensure
construction is in - ., t. c rmed the
basis for the deci: view To U ,r nnit.
• Certificates of Cc
• Procedures for oFt.. is 'rr•11 ��ouncil is
designated as the Ar'; p�k i �k
• All critical faciliti: owed in
Special Flood Had -ti. Yji5 Si v LfltM ified to
exceed 500 -year tlo.',� the SFHA.
• Requirements fort 1 � a pa- Kit . Hazard
Areas are outlinec a
• All proposals for r /J/ /•J e ark or a
manufactured hon;_,,,;,,,,
,,,,,,,,,,\�;, \\,usI.'r,iciuue an-a9eouate_evacuation
plan for the escape c • tw;te • ures
during flooding ever. .{ (30-1/ t
• Floodproofed faciliti ztendsto
an elevation of 3 fee U/;rte e s
• Requirements for nu.1t r r U"
• Require that no Ftoo 1• IL here
FEMA has not establ ll�� I, or AO,
unless a detailed engir,,,t F
application that demc" t'/ i. � t. anon due
to the proposed devel.rtT�u : r JLt/l Ora ii ice the
publication of the cm. • t ' :<'
• No Manufactured Ho.. i. Jr
regardless of elevation t r^ It
Certification. t1
The existing City code also has some nmore stringent requirements then the model
ordinance in the areas of "Standards for Subdivisions".
r
floodplain management regulations will result in suspension from participation in
NFIP. 1- /
The NFIP provided a model ordinance to be used by communities to.4heet all standards of
Paragraph 60.3(d) of NFIP regulations (44 CFR 59, etc.). Upon sj�ff inspection of this
model ordinance it was found that the City's existing ordinance nd the model ordinance
contain much of the same requirements. The model ordinanc included some more
stringent requirements that are outlined as follows:
• The City Floodplain Administrator is req ed to obtain yearly
accreditation through the Arkansas Na al Resources Commission
• Floodplain developments should be i petted as necessary to ensure
construction is in accordance with t e application data that formed the
basis for the decision to issue the loodplain Development Permit.
• Certificates of Compliance shaybe issued.
• Procedures for obtaining a va ance are outlined and the City Council is
designated as the Appeal B rd.
• All critical facilities must a constructed or substantially improved in
Special Flood Hazard as (SFHA) to be constructed or modified to
exceed 500 -year floo protection standards or located outside the SFHA.
• Requirements for r reational vehicles (RV) in Special Flood Hazard
Areas are outlined/
• All proposals fo the development of a commercial business park or a
manufactured rome park/subdivision must include an adequate evacuation
plan for the �cape of citizens from affected nonresidential structures
during floo ing events.
• Floodproqted facilities are to be designed so that floodproofing extends to
an elev on of 3 feet above the base flood elevation.
• Requir ments for manufactured home chassis are outlined.
• Requ' a that no Floodplain Development Permit may be issued where
FE has not established a regulatory floodway in Zone AE, AH, or AO,
un ss a detailed engineering analysis is submitted along with the
af,lication that demonstrates the increase in base floodwater elevation due
the proposed development and all cumulative developments since the
ublication of the current FIRM will be less than 1 foot.
• J No Manufactured Home may be placed in a regulatory floodway,
regardless of elevation height, anchoring methods, or No -Rise
Certification.
The existing City code also has some more stringent requirements then the model
ordinance in the areas of "Standards for Subdivisions".
These codes have been combined to include the most stringent of both the model
ordinance and the existing code by using the model ordinance as a base document and
inserting the existing more stringent code.
The proposed Chapter 168: Flood Damage Prevention Code is included as an attachment.
BUDGET IMPACT:
The proposed ordinance amendments will cause no budget impact.
ORDINANCE #
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.
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.
PASSED and APPROVED this 6`s day of May, 2008.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
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.
(B) 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
many times in any given 500 -year period, or it may
not occur at all in 500 years.
"Adverse impact" means any negative or harmful
effect.
"AE Risk Zones" are special flood hazard areas
where detailed studies have determined base flood
elevations.
"AN Risk Zones" are special flood hazard areas
characterized by shallow flooding with ponding effects
(where floodwaters accumulate in depressions and
linger until absorbed or evaporated).
"AO Risk Zones" are special flood hazard areas
characterized by shallow flooding with sheet flow
(where floodwaters flow in a broad, shallow sheet
rather than through a narrow channel).
"A Risk Zones" are special flood hazard areas
without detailed studies, where base flood elevations
have not been determined.
"Appeal Board" means a person or persons
specifically designated to render decisions on
variance applications and floodplain management
complaints.
'Automatic" entry and exit of floodwaters means that
the water must be able to enter and exit with no
intervening action from a person.
"Base flood elevation" refers to the expected height of
floodwaters during the peak of the base flood event.
"Basement" is any enclosed area that is below grade
on all four walls.
"BFE"is the acronym for Base Flood Elevation.
"Buoyancy" is the upward force exerted by water.
Buoyancy can cause underground tanks to float free
and can lift structures off foundations.
"Certificates of Compliance" are formal documents
issued by floodplain administrators certifying that
completed projects comply with the requirements of
the local Code.
"CFR" is the acronym for the Code of Federal
Regulations. The Code of Federal Regulations is the
codification of the general and permanent rules
published in the Federal Register by the executive
departments and agencies of the Federal
Government. It is divided into 50 titles that represent
broad areas subject to Federal regulation. The
Federal regulations pertaining to the national Flood
Insurance Program are found in title 44, Emergency
Management and Assistance.
"Clearing" is the act of cutting timber or shrubs from
an area
"Commercial business parr" is typically an area of
offices or light industrial usage, although retail,
service, or industrial usage is sometimes included in
supporting roles. For example, a commercial
business park of office complexes may also include
restaurants which service these offices.
"Concrete deadman anchors" are heavy steel rods
embedded in buried sections of concrete, used to
secure items in place under tension.
"Covenant" is a clause in a contract that requires one
party to do, or refrain from doing, certain things. A
covenant frequently appears as a restriction that a
lender imposes on a borrower.
"Crawlspace" is a type of structural foundation where
the space beneath the lowest floor is typically not
deep enough to allow a person to stand and not all
four walls are below grade.
"Critical Facilities" include: Governmental facilities
that are considered essential for the delivery of
critical services and crisis management (such as data
and communication centers and key governmental
complexes); facilities that are essential for the health
and welfare of the whole population (such as
hospitals, prisons, police and fire stations, emergency
operations centers, evacuation shelters and schools);
mass transportation facilities (such as airports, bus
terminals, train terminals); lifeline utility systems
(including potable water, wastewater, oil, natural gas,
electric power and communications systems); high
potential loss facilities (such as nuclear power plants
or military installations); hazardous material facilities
(such as industrial facilities housing or manufacturing
or disposing of corrosives, explosives, flammable
materials, radioactive materials and toxins.
"D Zones" areas in which the flood hazard has not
been determined, but may be possible
"Deed restriction" refers to a clause in a deed that
limits the future uses of the property in some respect.
Deed restrictions may impose a vast variety of
limitations and conditions, for example, they may limit
the density of buildings, dictate the types of structures
that can be erected, prevent buildings from being
used for specific purposes or even from being used at
all.
"Development Permit" refers to the permit required for
placing a "development" in the floodplain.
"Elevation Certificate" refers to FEMA form 81-31,
which for the purposes of this Code must be properly
completed by a Professional Engineer, Surveyor or
Architect licensed to practice in the State of
Arkansas.
"Existing Structure" means, for, floodplain
management purposes, a structure which is in place
before any reconstruction, rehabilitation, addition, or
other improvement takes place.
"Existing Manufactured Home Park or Subdivision"
means 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 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"- means 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).
"Flood Fringe" refers to the portion of the 100 -year
floodplain which is outside the floodway (See
definition of "floodway" Chapter 151: Definitions.)
"Floodplain Management" means 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.
"Flooding events" are general or temporary conditions
of partial or complete inundation of normally dry land
areas from the overflow of inland or tidal waters, or
from the unusual and rapid accumulation or runoff of
surface waters from any source.
"Floodplain Administrator" refers to the community
official designated in the local Flood Damage
Prevention Code as responsible for the Code's
administration.
"Floodplain Development Permit" is a permit issued
by the local Floodplain Administrator and is required
before beginning any development in an area
designated as a Special Flood Hazard Area on the
community's FIRM.
"Floodproofing Certificate" refers to FEMA form 81-
65, which for the purposes of this Code must be
properly completed by a Professional Engineer or
Architect licensed to practice in the State of
Arkansas.
"Flow -through openings" are openings specifically
designed to allow floodwaters to flow into and out of
enclosed spaces, minimizing the danger of
foundation or wall collapse from lateral hydrostatic
pressure:
"Hydrodynamic forces" are the forces and stresses
associated with moving water, including impacts from
objects carried in the water.
"Hydrostatic flood forces" are the forces and stresses
associated with standing floodwaters.
"Lacustrine Flooding" is flooding associated with a.
lake.
"Lateral forces" are the horizontal hydrostatic forces
associated with standing water. Water exerts an
equal force in all directions, and as little as three feet
of standing water can generate sufficient lateral force
to collapse a foundation or wall.
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"Mixed Use Structures" are structures with both a
business and a residential component, but where the
area used for business is less than 50% of the total
floor area of the structure.
"New Manufactured Home Park or Subdivision"
means 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 grading or the pouring of concrete pads) is
completed on or after the effective date of floodplain
management regulations adopted by a community.
"No Adverse Impact principle" is a principle of
restricting or prohibiting land development that does
harm or "adversely affects" someone else's property
or land.
"Nonresidential Structures" are structures used only
for commercial or public purposes, such as
businesses, schools, churches, etc...
"No -Rise Certificates" are formal certifications signed
and stamped by a Professional Engineer licensed to
practice in the State of Arkansas, demonstrating
through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that
a proposed development will not result in any
increase in flood levels within the community during
the occurrence of a base flood event.
"Piers" are columns of masonry or other structural
material (commonly cement blocks stacked up to
support a manufactured home), usually rectangular,
used to support other structural members.
"Pilings" are steel tubes driven to rock or a suitable
soil bearing layer and connected to the foundation of
a structure.
"Ponding" is a flooding effect where floodwaters
accumulate in shallow depressions and linger until
absorbed or evaporated.
"Recreational vehicles" means a vehicle which is:
(i) built on a single chassis;
(ii) 400 square feet or less when measured at
the largest horizontal
projections;
(iii) designed to be self-propelled or
permanently towable by a light duty
truck; and
(iv)designed primarily not for use as a
permanent dwelling but as temporary
living quarters for recreational, camping,
travel, or seasonal use.
"Risk Zones" categorize special flood hazard areas
into groupings by the specific risk of flooding. Zones
A, AE, AO, and AH are Special Flood Hazard Areas.
See "X Risk Zones" in this section.
"Riverine flooding" is flooding associated with a river
or stream channel.
"RV" is the acronym for recreational vehicle.
"Screw augers" are any type of anchor that twists into
the soil, typically to a depth of 4 feet or more. They
are not suitable for securing manufacturedhomes
against floodwaters because saturated grounds often
soften and fail to hold the anchor in place.
"Section 404 Wetlands Permit" is a permit required
under Section 404 of the Clean Water Act for the
discharge of dredged and fill material into any surface
water of the United States. The US Army Corps of
Engineers issues Section 404 permits.
"SFHA" is the acronym for Special Flood Hazard
Area.
"Shallow flooding" means a depth of less than 3 feet.
"Slab anchors" are anchors where the hook of the
anchor is wrapped around a horizontal rebar in the
slab before the concrete is poured.
"Special flood hazard areas" are geographical areas
identified on FEMA flood maps as being at -risk for
flooding. The maps further categorize these areas
into various flood risk zones A, AE, AH, and AO.
"Start of Construction" includes substantial
improvement and means the date the building permit
was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180
days of the permit date. The actual start means
either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a
foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or
walkways; nor does it include excavation for
basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the
installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a
substantial improvement, the actual start of
construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external
dimensions of the building.
"State Coordinating Agency" is the agency that acts
as a liaison between FEMA and a community for the
purposes of floodplain management. The Arkansas
Natural Resources Commission is the State
Coordinating Agency for Arkansas.
"Stream channels" are depressed natural pathways
through which water of any quantity routinely flows.
"Structural development" is a development that
includes the placement or construction of a structure.
"Structure," for the purposes of floodplain
management, refers to any building with two or more
rigid walls and a fully secured roof on a permanent
site or to any gas or liquid storage tank that is
principally above ground.
"Uses vulnerable to floods" are simply any land or
structural uses that may be negatively affected by a
flood.
"Watercourse alteration" refers to any change that
occurs within the banks of a watercourse.
"X Risk Zones" are a special group of insurance risk
zones. One type, shown as non -shaded areas on
FEMA issued flood maps, indicates a zone where
flooding is not expected to occur. The second type,
shown as shaded areas of FEMA flood maps,
indicates a flood hazard area that is expected to be
affected by the 500 -year flood, but not by the 100 -
year base flood.
168.03 Applicability
The ordinance shall apply to all Special Flood Hazard
Areas within the jurisdiction of the City of Fayetteville.
168.04 Compliance
Constructing, locating, substantially altering or
changing the use of any structure or land after the
effective date of this ordinance requires full
compliance with the provisions of this ordinance and
all other applicable regulations.
168.05 Administration
(A) Designation of the Floodplain Administrator - The
Mayor, or his designee, is hereby appointed to
act as the Floodplain Administrator.
(B) Duties & responsibilities of the Floodplain
Administrator - It is the duty and responsibility of
the Floodplain Administrator or his designee to:
(1) Obtain accreditation each year as required
by A.C.A. §14-268-106 through the State
Coordinating Agency, which is the Arkansas
Natural Resources Commission.
(2) Administer and implement the provisions of
this Code and other appropriate sections of
44 CFR (Emergency Management and
Assistance - National Flood Insurance
Program Regulations) as they pertain to
floodplain management
(c) The proposed development's
potential to adversely impact life and
property by changing flooding patterns,
changing erosion rates, or being swept
onto other lands by flood waters;
(d) The proposed development's
susceptibility to flood damage;
(e) The proposed development's
compatibility with existing and planned
community development;
(f) The proposed development's
accessibility by ordinary and emergency
vehicles during flooding events;
(g) The anticipated costs of providing
governmental services to the proposed
development during and after flooding
events, including maintenance and
repair of streets, bridges, facilities and
public utilities such as sewer, gas,
electrical and water systems;
(3) Review applications for Floodplain
(h) The proposed development's
Development Permits to:
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;
(j) 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
provisions of this Code;
(b) The expected flood elevation, flood
water velocity, flood duration, rate of
rise and sediment transport of the
floodwaters expected at the proposed
development site;
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(7) Ensure that the flood carrying capacity within
an altered or relocated portion of a
watercourse is not diminished, and that the
alteration or relocation does not adversely
impact any other lands.
(8) Obtain, review and reasonably utilize,
whenever the current Flood Insurance Study
or current Flood Insurance Rate Map does
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.
(A)
General Standards. The following standards
(10) Issue Certificates of Compliance.
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.
(1)
All new and substantial construction or
168.06 Establishment of Development Permit
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
the provisions of this Code.
(B) The documentation required with each
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,
6 of 14
(8) Any improvement to an existing structure
that is less than a substantial improvement
requires the improvement, but not the
existing structure, to be in full compliance
with the provisions of this Code.
(9) All manufactured homes to be placed within
a Special Flood Hazard Area on a
community's FIRM shall be installed using
methods and practices which minimize flood
damage. For the purposes of this
requirement, manufactured homes must be
elevated and anchored to resist flotation,
collapse, or lateral movement. Methods of
anchoring may include, but are not limited
to, use of over -the -top or frame ties to
ground anchors. This requirement is in
addition to applicable State and local
anchoring requirements for resisting wind
forces. Screw augers or expanding anchors
will not satisfy the requirement of this
provision.
(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
prevent water from entering or accumulating
within the components during base flood
events.
(11) The design of all new and replacement water
supply systems must minimize or eliminate
infiltration of floodwaters into the system
during base flood events.
(12)The design of all new and replacement
sanitary sewage systems must minimize or
eliminate infiltration of floodwaters into the
system during flooding events, and must
prevent sewage discharge from the systems
into floodwaters.
(13)The placement of on -site waste disposal
systems must avoid impairment to, or
contamination from, the disposal system
during base flood events.
(14) Construction of basement foundations in any
Special Flood Hazard Area is prohibited.
(15) New construction and substantial
improvements, with fully enclosed areas
(such as garages and crawlspaces) below
the lowest floor that are usable solely for
parking of vehicles, building access or
storage in an area other than a basement
and which are below the base flood
elevation shall be designed to automatically
equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of
floodwaters. Designs for meeting this
7 of 14
requirement must either be certified by a
registered professional engineer or architect
or meet or exceed the following minimum
criteria:
I rt.
(a) A minimum of two openings on
separate walls 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.
(b) The bottom of all openings shall be
no higher than 1 foot above grade.
(c) Openings may be equipped with
screens, louvers, valves, or other
coverings or devices provided that
they permit the automatic entry and
exit of floodwaters.
lOD sq. ravt
100 sq. inches
tlo toi
(16)The placement of recreational vehicles (RV)
in Special Flood Hazard Areas must either
(a) be temporary, as demonstrated by
the RV being fully licensed, being on
wheels or a jacking system, attached to
the site only by quick disconnect type
utilities and security devices, having no
permanently attached additions, and
being immobile for no more than 180
consecutive days; or else
(b) meet all provisions of this Code
applicable to manufactured home
structures.
(17)All proposals for the development of a
residential subdivision, commercial business
park or manufactured home park/subdivision
must have public utilities and facilities such
as sewer, gas, electrical and water systems
located and constructed to minimize or
eliminate flood damage.
(18)All proposals for the development of a
residential subdivision, commercial business
park or a manufactured home
park/subdivision must include an adequate.
drainage plan to reduce exposure to flood
hazards.
(19)All proposals
commercial
manufactured
include an adi
escape of
nonresidential
events.
for the development of a
business park or a
home park/subdivision must
:quate evacuation plan for the
citizens from affected
structures during flooding
(20) Standards for Subdivisions: Applications for
preliminary, final, and/or concurrent plat
approval shall
(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 pad(s). 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) 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 in only by altering such
drainage ways. (See illustration:
Figure 3).
Don't ao Th's Do Tres
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 6,000 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. (See
illustration: Figure 4)
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Buildable )'
Area
0,000 So. F -I:.
Mn.
Flood
Hazard
Area
(d) 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.
(c) 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 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.
(f) In all areas designated as a Zone A
on the FIRM where a detailed study
has not been completed to specify
the floodway and base flood
elevations, no building or fill shall
be located within a distance of two
and one-half times the width of the
stream measured from the top of
the bank to the top of bank, or 25
feet on each side, whichever is
greater.
(i) Provided, the applicant may
choose if not required by other
provisions of this chapter, to
provide a detailed hydrologic
and hydraulic study which
delineates the floodway, 100 -
year floodplain boundary, and
base flood elevations. At such
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.
(ii) 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 alt 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 BEE. 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.
9 of 14
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.
(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 AO 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 AO:
damage to existing
manufactured home, the entire
10 of 14
(a) All new residential structures must
be constructed with the top surface
of the lowest floor elevated 2 feet or
more above the published BFE, or
2 feet above the highest adjacent
grade in addition to the depth
number specified (at least 2 feet if
no depth number is specified) on
the community's FIRM. This
elevation must be documented on
an Elevation Certificate properly
completed by a Professional
Engineer, Surveyor or Architect
licensed to practice in the State of
Arkansas.
(b) For all substantial improvements or
substantial damage to existing
residential structures the entire
structure becomes subject to the
requirements of a new residential
structure.
(c) For any reconstruction,
rehabilitation, addition, or other
improvement to an existing
residential structure that is less
than. a substantial improvement,
only the improved area, but not the
entire structure, becomes subject to
the requirements of a new
residential structure
(2) For Nonresidential Structures in
Zones AH or AO:
(a) All new commercial, industrial or
other nonresidential structure must
either:
(i) have the top surface of the
lowest floor elevated 2 feet or
more above the published
BFE, or 2 feet or more above
the highest adjacent grade in
addition to the depth number
specified (at least 2 feet if no
depth number is specified) on
the community's FIRM, with
documentation on an Elevation
Certificate properly completed
by a Professional Engineer,
Surveyor or Architect licensed
to practice in the State of
Arkansas; or
(ii) be floodproofed such that
the structure, together with
attendant utility and sanitary
facilities be designed so that
below 3 feet or more above the
published BFE in Zone AH, or
11of14
3 feet or more above the base
specified flood depth in an AO
Zone, 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.
(b) For all substantial improvements or
substantial damage to existing
commercial, industrial or other
nonresidential structures the entire
structure becomes subject to the
requirements of a new
nonresidential structure.
(c) For any reconstruction,
rehabilitation, addition, or other
improvement to an existing
nonresidential structure that is less
than a substantial improvement,
only the improved area, but not the
entire structure, becomes subject to
the requirements of a new
nonresidential structure.
(3) For Manufactured Homes in Zones
AH or AO:
(a) All manufactured homes that are
placed or substantially improved on
sites:
(i) outside of a manufactured
home park or subdivision,
(ii) in a new manufactured
home park or subdivision,
(iii) in an expansion to an
existing manufactured home
park or subdivision, or
(iv) in an existing
manufactured home park or
subdivision on which a
manufactured home has
incurred "substantial damage"
as a result of a flood, be
elevated on a permanent
foundation such that the lowest
floor of the manufactured home
is elevated 2 feet or more
above the published BFE, or 2
feet or more above the highest
adjacent grade in addition to
the depth number specified (at
least 2 feet if no depth number
is specified) on the
community's FIRM, and be
(5) Require adequate drainage paths
securely anchored to an
around structures on slopes, to guide
adequately anchored
flood waters around and away from
foundation system to resist
proposed structures.
flotation, collapse, and lateral
movement.
(D) In "A" Risk Zones - Special Flood Hazard
(b) Require that manufactured homes
Areas with no base flood elevations
be placed or substantially improved
determined
on sites in an existing
manufactured home park or
(1) In Zone A, The applicant or the
subdivision . on the community's
applicant's agent must determine a
FIRM that are not subject to the
base flood elevation prior to
provisions of §168.11 (C)(3)(a) of
construction. The BFE will be based on
this section be elevated so that
a source or method approved by the
either:
local Floodplain Administrator.
(i) the lowest floor of the
(2) For Residential Structures in Zone
manufactured home meets the
A:
elevation standard of §168.11
(C)(3)(a)(iv), or
(a) For all new residential structures,
the top surface of the lowest floor
(ii) the manufactured home
must have an elevation 2 feet or
chassis is supported by
more above the BFE. This
reinforced piers or other
elevation must be documented on
foundation elements of at least
an Elevation Certificate properly
equivalent strength that are no
completed by a Professional
less than 36 inches in height
Engineer, Surveyor or Architect
above grade andbe securely
licensed to practice in the State of
anchored to an adequately
Arkansas.
anchored foundation system to
resist flotation, collapse, and
(b) For all substantial improvements or
lateral movement,
substantial damage to existing
residential structures, the entire
(c) For all substantial improvements or
structure becomes subject to the
substantial damage to existing
requirements of a new residential
manufactured home, the entire
structure.
structure becomes subject to the
requirements of a new
(c) For any reconstruction,
manufactured home.
rehabilitation, addition, or other
improvement to an existing
(d) For any reconstruction,
residential structure that is less
rehabilitation, addition, or other
than a substantial improvement,
improvement to an existing
only the improved area, but not the
manufactured home that is less
entire structure, becomes subject to
than a substantial improvement,
the requirements of a new
only the improved area, but not the
residential structure.
entire structure, becomes subject to
the requirements of a new
(3) For Nonresidential Structures in
manufactured home.
Zone A:
(4) Where FEMA has not established a
(a.) All new commercial, industrial or
regulatory floodway in Zones AH or AO,
other nonresidential structures
no Floodplain Development Permit may
must either:
be issued unless a detailed engineering
analysis is submitted along with the
(i) have the lowest floor
application that demonstrates the
(including basement) elevated
increase in base floodwater elevation
{2 feet or more} above the
due to the proposed development and
base flood level or
all cumulative developments since the
publication of the current FIRM will be
(ii) be floodproofed such that,
less than 1 foot.
together, with attendant utility
and sanitary facilities, be
12 of 14
NI
designed so that below an
(iii) in an expansion to an
elevation of 3 feet above the
existing manufactured home
base flood level the structure is
park or subdivision, or
watertight with walls
substantially impermeable to
(iv) in an existing
the passage of water and with
manufactured home park or
structural components having
subdivision on which a
the capability of resisting
manufactured home has
hydrostatic and hydrodynamic
incurred "substantial damage"
loads and effects of buoyancy.
as a result of a flood, be
elevated on a permanent
(iii) A registered professional
foundation such that the lowest
engineer or architect shall
floor of the manufactured home
develop and/or review
is elevated 2 feet or more
structural design,
above the base flood elevation
specifications, and plans for
and be securely anchored to
the construction, and shall
an adequately anchored
certify on a Floodproofing
foundation system to resist
Certificate that the design and
flotation, collapse, and lateral
methods of construction are in
movement.
accordance with accepted
standards of practice as
(b) Require that manufactured homes
outlined in this subsection. A
be placed or substantially improved
record of such certification
on sites in an existing
which includes the specific
manufactured home park or
elevation (in relation to mean
subdivision on the community's
sea level) to which such
FIRM that are not subject to the
structures are floodproofed
provisions of §168.11(D)(4)(a) of
shall be maintained by the
this section be elevated so that
Floodplain Administrator.
either:
(b.) For all substantial improvements or
(I) the lowest floor of the
substantial damage to existing
manufactured home is 2 feet or
commercial, industrial or other
more above the base flood
nonresidential structures the entire
elevation, or
structure becomes subject to the
requirements of a new
(ii) the manufactured home
nonresidential structure.
chassis is supported by
reinforced piers or other
(c.) For any reconstruction,
foundation elements of at least
rehabilitation, addition, or other
equivalent strength that are no
improvement to an existing
less than 36 inches in height
nonresidential structure that is less
above grade and be securely
than a substantial improvement,
anchored to an adequately
only the improved area, but not the
anchored foundation system to
entire structure, becomes subject to
resist flotation, collapse, and
the requirements of a new
lateral movement.
nonresidential structure.
(c) For all substantial improvements or
(4) For Manufactured Homes in Zone A:
substantial damage to existing
manufactured home, the entire
(a.) All manufactured homes that are
structure becomes subject to the
placed or substantially improved on
requirements of a new
sites:
manufactured home.
(i) outside of a manufactured (d) For any reconstruction,
home park or subdivision, rehabilitation, addition, or other
improvement to an existing
(ii) in a new manufactured manufactured home that is less
home park or subdivision, than a substantial improvement,
only the improved area, but not the
entire structure, becomes subject to
13 of 14
NI
the requirements of a new
manufactured home.
(5) Base flood elevation data and a regulatory
floodway, utilizing accepted engineering
practices, shall be generated for subdivision
proposals and other proposed development
including the placement of manufactured
home parks and subdivisions which is
greater than 50 lots or 5 acres, whichever is
lesser, if not otherwise provided.
a
3..
..e ylr...,
Cm'ct'cnc zMmd be -ec@u'ed et the too or the rttrtKc level floor.
168.12 Enforcement
(A) Flood hazar
with the
Accordingly,
discourages
recognized
reduction.
is are reduced by compliance
provisions of this code.
enforcement of this ordinance
non-compliance and is a
mechanism for flood hazard
(B) The Floodplain Administrator must enforce
the provisions of this ordinance and is
authorized to:
(1) Issue Stop Work Orders on non-
compliant floodplain development
projects;
(2) Request that FEMA file a 1316
Action (Denial of Flood Insurance)
against non -compliant properties; and
(3) Take any other lawful action
necessary to prevent or remedy any
instance of non-compliance with the
provisions of this ordinance.
(C) It is hereby declared to be a misdemeanor to
violate or fail to comply with any provision of
this ordinance.
(D) Any person found guilty in the District Court
of violating this ordinance is subject to the
14 of 14
penalties set forth at §10.99 of the
Fayetteville Code of Ordinances.
(5908) Clarice Pearman - Ords. 5140 & 5141 Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 5.9.08 5:49 PM
Subject: Ords. 5140 & 5141
Attachments: 5140 Amend 158.03 Maintenance Bonds & Guarantees.pdf; 5141 Amend Chapter 16
8 Flood Damage Prevention Code.pdf
CC: Audit; GIS
Ron:
Attached are copies of the above ordinances passed by City Council, May 6, 2008 amending Ch 168 and Sec. 158.031.
Please let me know if there is anything else needed for these item. Have a good day.
Thanks.
Clarice
� / / � / • is \ � � '/ � /
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville —Ordinance 5141
May 14, 2008
Publication Charge : $1360.95
Subscribed and sworn to before me
This /Sday of 2008.
Notary Public£4/ZL_�y
My Commission Expires: 5- - 020/2
Do not pay from Affidavit, an invoice will be sent
RECEIVED
MAY 192008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
NORTHWEST ARKANSAS TIMES
ORDINANCE NO. 5141
AN ORDINANCE REPEALING AND REPLACING CHAPTER 168'.
FLOOD DAMAGE PREVENTION CODE OF THE UNIFIED DEVEL-
OPMENT CODE, FAYETTEVILLE CODE OF ORDINANCES.'F
1
WHERthe General Assembly of the State of Arkansas aVe evi Ie
EAS,
has in Ark. Code Ann. § 14.268-101 et seq., delegated the
responsibility of local governmental units to adopt regulations ARKANSAS
to minimim 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 lira 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
wnH r, fn'1
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, inadequate-
ly Iloodprooted 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 EE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Fill
TEVILLE, ARKANSAS:
Section I. 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
or 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.
Section 4. That in the interpretation and application of this ordinance, all provisions must:
A Be considered as minimum requirements;
8. 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 Iline 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 pan of the
community, nor any official or employee of the community, for any flood damages that result white strictly follow-
ing this ordinance or from any lawful administrative decision made under the provisions of this ordinance.
Section 6. EMERGENCY CLAUSE II 's hereby found and declared by the City Council of the City of Fayetteville that
severe Hooding has occurred in the past within is jurisdiction and will certainly occur within the future; that Hood-
ing is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or
destructldn 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 tut the immediate preservation of the public peace, health and Safety, shall be
in lull force and effect from and after its passage and approval
PASSED and APPROVED this 6th day of May, 2006.
WPROVED: ATTEST:
3y _ By:
MN COODY, Maya. SOIIBRA E. SYITM, ONy Ol4iahyTynnkaAa
TITLE xV UNIFIED DEVELOPMENT CODE
CHAPTER 168: FLOOD DAMAGE PREVENTION CODE
168.01 Purpose
(A) The purpose of this ordinance is to promote the public health, safety and general welfare, to prevent adverse
Impacts Iron any floodplain development activities, and to minimize public and private losses due to flooding events
in Identified Special Flood Hazard Areas. This ordinance advances the stated purpose through provisions designed
10:
(1) Protect human lice and health.
(2) Protect natural floodplain against unwise development
(3) Eliminate adverse impact of necessary floodplain development;
14) Minimize expenditure o1 public monies on flood control projects',
(5) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken al the expense
of the general public:
(6) Minimize prolonged business interruptions due In flooding event;
(7) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines.
streets and bridges located in Special Flood Hazard Areas.
(8) Minimize future flood blight areas to help maintain a stable tax base;
(9) Provide for notice to potential buyers when property is in a Special Flood Hazard Area;
(10) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(B) This Ordinance uses the following methods to accomplish the stated purpose'.
(1) This ordinance restricts or prohibits structures or uses In Special Flood Hazard Areas that adversely impact
health, salary or property during flooding events',
(2) This ordinance requires protection against flood damage for structures or uses vulnerable to floods al the time
of Initial construction or after substantial improvement of the structure, or after substantial damage has occurred:
(3) This ordinance controls the alteration of natural floodplainstream channels and natural protective barners
which are involved in the accommodation and transport of flood waters;
(4) This ordinance controls floodplain development (structural development, placement of manufactured structures,
clearing, grading, mining. drilling, dredging, placement of fill, excavating, watercourse alteration, drainage improve-
ments, roadway or bridge construction, individual water or sewer installations and other activities) which may
increase flood damage by increasing flood elevations, flood water velocities, or flood discharge patterns:
(5) This ordinance regulates the construction of flood barriers which unnaturally dives floodwaters or which may
adversely impact other lands.
168.02 Definitions
Unless specifically defined below, words or phrases used in this Code have their common usage meaning to give the
most reasonable application in this Code.
Additional definitions for floodplain management terms can be found at Part §59.1 of 44 CFR.
44 CFR (Emergency Management and Assistance — National Flood Insurance Program Regulations) Parts 59-75
contain Federal regulations upon which local floodplain managements are based
44 CFR § 65.12 —contains the Se, ILOn of me Federal'egu lations wh ict involves revision of flood insurance rate maps
to reflect base flood elevations caused by proposed encroachments
"I 00 -year flood" is any flood with a 1% chance of occurring in any given year. the tern is misleading, because of
its statistical derivation. A"100 -year flood" may occur many times in any given 100 -year period, or fl may not occur
at all In 100 years.
Wednesday, May 14, 2008
500 -year flood' is any flood with a 0.2% dlanee of occurring in any given year As with the 100 -year flood this
term is also misleading- because of its statistical derir•�r
:NOyear period, or it may not occur al all in 500 yeas-
Adverse impact' means any negative or harmful effect.
AE Risk Zones' are special flood hazard areas where detailed studies have determined base flood elevations.
AH Risk Zones" are special flood hazard areas characterized by shallow flooding with ponding effects i wne'e flood-
waters accumulate in depressions and linger until absorbed or evaporated).
'AO Risk Zones" are special flood hazard areas characterized by shallow flooding with sheet flow (where floodwa-
ters flow in a broad, shallow sheet rather than through a narrow channel).
"A Rla Zones" are special flood hazard areas without detailed studies, where base flood elevations have not been
dewmined.
.Appal Board" means a person or persons specifically designated to render decisions on variance applications and
floodplain management complaints-
'Aulgmatic" entry and exit of floodwaters means that the water must be able to enter and exit with no intervening
action from a person.
"Base flood elevation" refers to the expected height of floodwaters during the peak of the base flood event.
Baeemem" is any enclosed area that is below grade on all four walls.
"BFE" is the acronym for Base Flood Elevation.
"Buoy.rcy" a the upward force exerted by water. Buoyancy can cause underground tanks to float free and can lift
strudNM off foundations.
'CartlBuas of Compliance" are formal documents issued by floodplain administrators certifying that completed
comply with the requirements of the local Code.
is the acronym for the Code of Federal Regulations. The Code of Federal Regulations is the codification of the
Ewral and permanent rules published in the Federal Register by the executive departments and agencies of the
Federal Government. It is divided into 50 Poles that represent broad areas subject to Federal regulation. The Federal
regulations pertaining to the national Flood Insurance Program are found in title 44. Emergency Management and
Assistance.
"Clearing" is the act of culong amber or shrubs from an area
"Commercial business park" is typically an area of offices or light industrial usage, although retail, service, or indus-
trial usage is sometimes included in supporting roles. For example, a commercial business park of office complex-
es may also include restaurants which service these offices.
"Concrete deadman anchors" are heavy steel rods embedded in buried sections of concrete, used to secure items in
place under tension,
"Covenant" is a clause in a contract that requires one party to do. or refrain from doing, certain things A covenant
frequently appears as a restriction that a lender imposes on a borrower.
'Crawlspace' is a type of structural foundation where the space beneath the lowest floor is typically not deep enough
to allow a person to stand and not all four wells are below grade.
"Crutcal Facilities" include: Governmental facilities that are considered essential for the delivery of critical services
and crisis management (such as data and communication centers and key governmental complexes); faculties that
are essential for the health and welfare of the whole population (such as hospitals, prisons, police and fire stations.
emergency operations centers. evacuation shelters and schools); mass transporahon facilities (such as airports,
bus terminals, train terminals): lifeline utility systems (including potable water. wastewater oil, natural gas, electric
power and communications systems); high potential loss facillies such as nuclear power plants or military instal-
lations); hazardous material facilities (such as industrial facilities housing or manufacturing or disposing of corro-
sees, explosives, flammable materials, radoacave materials and toxins.
"D Zones" areas in which the flood hand has not been determined, but may be possible
"Deed restriction" refers to a clause in a deed that limits the future uses of the property in some respect. Deed restric-
don may Impose a vast variety of limitations and conditions, for example, they may limit the density of buildings,
dictate the types of structures that can be erected, prevent buildings from being used for specific purposes or even
from being used at all.
"Development Permit" refers to the permit required for placing a 'development" in the floodplain.
"Elevation Certificate" refers to FEMA form 81-31, which for the purposes of this Code must be properly completed
by a Professional Engineer, Surveyor or Architect licensed to practice in the State of Arkansas.
'Existing Structure" means, for floodplain management purposes, a structure which is in place before any recon-
struction, rehabilitation, addition, or other improvement takes place.
'Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the
oonsruction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the insallabon of utilities, the construction of streets, and either final site grading or the pouring of con-
:rete pads) is completed before the effective date of the floodplain management regulations adopted by a commu-
vty
'Expansion to an Existing Manufactured Home Park or Subdivision" - mans the preparation of addNonal sites by
:he construction of fac•Ilties for sere"cing the lots on which the manufactured homes are to be affixed (including the
nstallation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
'good Fringe' refers to the portion of the 100 -year floodplain which is outside the floodway (See definition of "flood -
Nay" Chapter 151 Definitions.)
'Fleoaplain Management" means the operation of an overall program of corrective and preventive measures for
educing flood damage, including but not limited to emergency preparedness plans, flood control works and flood-
alaln management regulations.
Flooding events' are general or temporary conditions of partial or complete inundation of normally dry land areas
torn the overflow of inland or tidal wafers, or from the unusual and rapid accumulation or runoff of surface waters
Yom any source.
Floodplain Administrator" refers to the community official designated in the local Flood Damage Prevention Code
is responsible for the Code's administration.
Permit" is a permit issued by the local floodplain Administrator and is required before
it in an area designated as a Special Rood Hazard Area on the communiry9 FIRM,
' refers to FEMA form 81-65, which for the purposes of this Code must be properly com-
nglneer or Architect licensed to practice In the State of Aransas.
are openings specifically designed to allow floodwaters to flow Into and out of enclosed
nger of foundation or wag collapse from lateral hydrostatic pressure.
e the forces and stresses associated with moving water, Including impacts tram objects
'Hydrostatic flood forces' are the forces and stresses associated with standing floodwaters.
Lacustrine Flooding" Is flooding associated with a ake.
Lateral forces" are the horizontal hydrostatic forces associated with standing water Water exerts an equal force in
Ill directions, and as little as three feet of standing water can generate sufficient lateral force to collapse a founda'
ion or wall.
'Mixed Use Structures" are structures with both a business and a residential component, but where the area used
or business is less than 50% of the total floor area of the structure.
'New Manufactured Home Park or Subdivision" - means a manufactured home park or subdivision for which the
:onmructlon of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a
ninimum, the installation of utulties, the construction of streets, and either final site grading or the pouring of con-
nate pads) is completed on or after the effective date of floodplain management regulations adopted by a commu-
pact principle" is a principle of restricting or prohibiting land development that does harm or
s' someone else's property or land.
Structures" are structures used only for commercial or pubic purposes SL Cr as businesses,
is, etc...
No es tenmgatei are formal ceninatrons signed and stamped by a Proles Io.W Engineer licensed to practice
In ale State of Arlan W demonstrating through hydrologic andn
standard engineering practice that a proposed development will notdr sett In analyses
in flood levelsaccorwithinthe
Community during the occurrence of a ass glad even
"Piers are col -Irons of masonry o othe'structural material l corn manly cement Ifli Stacked UP to support a man
Urfachumea nei:.al. usull1 recunpuar used to suopw l .loci stuctural roamers
Pilings' are steel tubes movie It rock ar a suitable so bearing layer and connected 10 the hwtid[ion of a struc-
ture.
"Pondingis a flooding effect wrre�e floodwaters acc umuate in shallow depressions and linger until absorbed or
evaporated.
Recreational vehicles" means a vehicle which is
10 built on a single chassis.
(lit 400 soar e'eet or less when measured at the largest horizontal projections.
(iii) designed In be sell -propelled or permanently towable by a fight duty truck', and
l iv) designed primarily not for use as a permanent dwelling but as temporary living quitters for recreational, camp-
ing, halal, Or Seasonal use.
Risk Zones' categorize special flood hazard areas into groupings by the specific risk W flooding Zones A, At A0.
and AH are Special Flood Hazard Areas Sep "v Ryk lanes' in this secllon.
'Riveine flooding' is flooding associates A' r v Pair -hannel
'RV- is me acronym for r ec reahona, venue
Series augers' are any type of anchor that twists I itc the SOII. tvp'cally to a depth of 4 fat Of more, There
suitable for securing manufactured homes against floodwaters because saturated grounds often soften and tail to
hold the anchor in place.
"Section 404 Wetlands Permit is a permit required under Section 404 of the Clean Water Act for the discharge of
dredged and fill material into any surface water of the United States. The US Army Corps of Engineers issues Section
404 permits.
'SFHA' is the acronym for Special Flood Hazard Area
Shallow flooding' means a depth of less than 3 feet
"Slab anchors are anchors where the hook of the anchor is wrapped around a horizontal rebar in me slab before
the concrete is poured.
Special flood hazard areas' are geographical areas identified on FEMA flood maps as being at -risk for flooding. The
maps further categorize these areas into various flood risk zones A. AE, AH. and AO.
"Stan of Construction includes substantial improvement and means the date the building permit was issued, pro-
vided the actual said of construction, repair, reconstruction rehabilitation, addition placement, or other improvement
was within 160 days of the permit date. The actual start means either the first placement of permanent construc-
tion of a structure on a site such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent constmction does not include lad preparation, such as clearing, grading and filling; nor does it include
the installation of streets and/or walkwys: nor does it include excavation for basement footings, piers or founda-
tions or the erection of temporary forms. nor does it include the Installation cn ire Fogerty of accessory buildings.
such as garages of sheds nand occupied as dwelling units or not pan of the main structure. For a substantial improve-
ment, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural pan of
a building, whether or not that alteration affects the external dimensions of the building.
State Coordinating Agency- is the agency that acts as a liaison between FEMA and a community for the purposes
of Floodplain management The Arkansas Natural Resources Commission is the State Coordinating Agency for
Arkansas.
'Slram channels' are depressed natural pathways through which water of any quantity routinely flows
'Stmmural development' is a development that includes the placement or construction of a structure.
Structure; Tor the purposes Of lloodpiain management. refers to any building with two or more rigid walls and a
fully secured root on a permanent site or to any gas or liquid storage tank that is principally above ground.
"Uses vulnerable to floods- are simply any land or structural uses trial may be negatively affected by a flood.
'Watercourse alteration" refers to any change that occurs who the banks of a watercourse
"X Risk Zones' are a special group of insurance risk zones. One type, shown as non sated areas on FEMA issued
flood maps indicates a zone where flooding is not expected to occur. The second type, shown as shaded areas Of
FEMA flood maps, Indicates a flood hazard area that is expected to be affected by the 500 -year flood, but not by the
100 year base flood.
16803 Applicability
The ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of the City of Fayetteville.
168 04 Compliance
Constructing. locating, substantially altering or canging the use of any structure or and after the effective date of
this ordinance requires full compliance with the provisions of this ordinance and all other applicable regulations.
168.05 Administration
IA) Designation of the Floodplain Administrator - The Mayor, or his designee, is hereby appointed to act as the
Floodplain Administrator
IB) Duties & responsibilities of the Floodplain Administrator - It is the duty and responsibility of the Floodplain
Administrator on his designee to.
(1) Obtain accreditation each year as required by A.C.A. §14-268-106 through the State Coordinating Agency, which
he the Arkansas Natural Resources Commission
(2) Administer and implement the provisions at this Code and other appropriate sections of 44 CAR (Emergency
Management and Assistance - National Flood Insurance Program Regulations) as they pertain to Floodplain man-
agement
(3) Review applications for Floodplain Development Permits to'
(a) Evaluate proposed projects for reasonable safety from flooding',
(b) Evaluate proposed projects Tot conformance with No Adverse Impact principles.
(c) Ensure that all other permits necessary (including Section 404 Wetlands Permits as required by the Federal Water
Pollution Control Act Amendments of 1972. 33 U.S.C. 1334) or proposed protects are obtained from the appropri-
ate government agency pilot to issuing a Floodplain Development Permit; and
(d) Ensure Thal proposed projects conform to the applicable provisions of this Code.
(4) Approve or deny applications for Fbodplain Development Permits on Me basis of-.
(a) The proposed development's compliance or non-compliance with the provisions of this Code'.
Io) The expected flood elevation, flood water velocity, flood duration, rate of rich and sediment transport of the flood'
waters expected at the proposed development site;
Ic) The proposed development's potential to adversely impact life and property by changing flooding patterns,
changing erosion rates. or being swept onto other aids by flood waters.
(d) The proposed development's susceptibility to flood damage.
(e) The proposed developments compatibility with existing and planned community development.
(1) The proposed development's accessibility by ordinary and emergency vehicles during flooding events;
(g) The anticipated costs of providing governmental services to the proposed development during and after food-
Ing events, including maintenance and tenon of streers, bridges tacdmes and public utilities such as sewer, gas,
electrical and water systems.
(h) The proposed developments 'unction,i I' , dependent use
1p The availability of alternative Iorati r• ' ' r, hlecnc sloodmg or erasion damage, for the proposed development,
and
pLO(�
Ii) The relationSMp al the proposed use to Be comprehensive plan for that area.
(5) Interpret the exact location of the f oundanes of Special Flood Hazard Areas whenever a mapped boundary
appears to be different from actual field conditions_ (The sole purpose of this interpretation is to determinate the
aoplicablllty of the provisions of this Code to the proposed protect t ities and State Arkansas Naturai Resources
Commission �ja minim m of 60 days prior to any alteration m relocation of which wateis rcourse, and submit evidence of
all such notifications to FEMA.
(7) Ensure that the flood carrying capacity within an altered or relocated portion of a watercourse is not diminished,
and that the alteration or relocation does not adversely impact any other lands.
(8) Obtain review and reasonably utilize, whenever the current Flood Insurance Study or current Flood Insurance
Rate Map does not provide base flood elevation data, any base Bold elevation data and floodway data available from
any Federal State or other source. The Floodplain Administrator may obtain such data by requiring the applicant to
submit it In conjunction with a Floodplain Development Permit application, (The sole use of this data is the admin-
istration of the provisions m this Code.)
(9) Inspect Floodplain developments as necessary to ensure construction is in accordance with the application data
that formed the basis for the decision to issue the Floodplain Development Permit.
'10) Issue Certificates of Compliance.
1111 Maintain all records and documents pertaining to this Code for public inspection
168.06 Establishment of Development Permit
A Floodplain Development Permit is required for all structural development. placement of manufactured structures.
clearing, grading, mining, drilling, dredging, placement of fill, excavating, watercourse alteration, drainage improve.
ments, roadway or bridge construction, Individual water or sewer installations or any other developmenl in a Special
Flood Hazard Area to ensure conformance with the provisions of thIs Code.
168.07 Permit Procedures
(A) Application for a Floodplain Development Permit shall be presented to the Floudplao Administrator on forms fur-
nished by himnier and may include, but not be limited to. plans in dupliate drawn to scale showing the location,
dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the place-
ment of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard.
(8) the documentation required wit each Application for a Floodplain Development Permit. and the specific provi-
sions of this Code applicable to the proposed development, are dependant upon the type of development proposed
and the Risk Zone of the proposed development site. §168.10(A) contains standards for all developmeno in all Risk
Zones, §168.11 contains standards for specific deveopmem types in specific Risk Zones.
Cl The decision of the Fkeddaln Admkbxde. beepreveer tera•esltaltce 010SA ,'t.-w,r '!4!pm%,l ferm;tTS
subject :a a[;:ea; 1^_ „-.,pra:oc Appeal Board. Wthin Fayeheville Arkansas'. he des. gnated Appeal Hoard is the
City Council.
166.08 Variances
Applicants may submit petitions for variances per the requirements of §156,03 (Cp6).
168.09 Appeals
Applicants may appal decisions ofthe Floodplain Administrator per the requirements of §155 06 (CO 1).
16810 Provisions For Flood Hazard Reduction
(A) General Standards, The following standards appy to all developments in Special Flood Hazard Areas, regardless
04 the type of proposed development or the Risk Zone of the proposed site.
(1) All now and substantial construction or substantial improvements shall be designed (or modified) and adequately
anchored to prevent flotation. collapse or lateral movement of the structure resulting form hydrodynamic and hydro-
static loads, including the effects of buoyancy',
(21 All new construction or substantial improvements shall be constructed by methods area practices that minimize
flood damage.
131 A I new construction or substantial improvements sall be constructed with materials resistant to flood damage.
(4) All critical faciYies constructed or substantially improved in Special Flood Hazard Areas (SFHA) must be con-
structed or modified to exceed 500 -year flood protection standards or located outside the SFHA,
(5) The placement or construction of all new structures must be in full compliance with the provisions of this Code.
(6) For the purposes of this Code. all nixed - use structures are subject to the more stringent requirements of resi-
dential structures
(7) A substantial improvement or substantial damage to an existing structure triggers a requirement to bring the
entire structure into full compliance with the provisions of this Code. The existing structure, as well as any recon-
struction, rehabilitation, addition, or other improvement, must meet the standards of new construction in this Code.
(8) Any improvement to an existing structure that is less tans substantial improvement requires the improvement.
but not the existing structure. to be in full compliance with the provisions of this Code
(9) All manufactured homes to he placed within a Special Rood Hazard Area on a community's FIRM shall be
installed its ng methods and practices which minimize flood damage, for the purposes of this requirement manu-
facturee homes must be elevated and anchored to resist flotation, collapse, or lateral movement, Methods of
anchoring may include, but are not limited to, use of Over -the -lop or frame has to ground anchors. This requirement
is in addition to applicable State and local anchoring requirements for resisting wind forces. Screw augers or
expanding anchors will not satisfy the requirement ct this provision.
(10) the design or location of electrical. heating. ventiation, plumbing, and air conditioning equipment for new
Structures or for any improvements to an existing structure, must prevent water from entering of accumulating
within the components during base flood events
(11) The design of all new and replacement water supply systems must minimize or eliminate infiltration of flood-
waters into the system during base flood events.
(12) The design of all new and replacement anary sewage systems must minimize or eliminate infiltration of flood-
waters into the system during flooding events, and must prevent sewage discharge tram the systems into floodwa-
tem.
(13) The placement of on -site waste disposal systems must avoid impairment to, or contamination from, the dis-
posal system during base flood events.
(14) Construction of basement foundations in any Special Flood Hazard Area is prohibited.
(15) New construction and substantial improvements, with fully enclosed areas (such as garages and crawlspaces)
below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than
a basement and which are below the base flood elevation shall be designed to automatically equalize hydrostatic
NOW forces on exterior wails by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or meet or exceed the following minimum
shared
(a) A minimum of two openings on sep-
arate walls having a total net area of not
less than t square inch for every square
foot of enclosed ara subject to hooding In^ wc. ferret �%
salt he provided.
(b) The hem of all openings shall be
ray higher than 1 loot above pads.
(c) Openings may be equipped with
screens, leavers, valves. or other cover- t' mot.
inns or devices provided that they permit
the automatic entry and exit of floodwa- 100 en meeiww
m, 1'
tars,
(IF) The placement of •ec reaboral ehMies (RVI in Special Flood Hazard Areas must either
iai be tmporary, as demonstrated by the RV being fully licensed, being 00 wheels of a lacking system attached to
the site only by quick disconnect type utilities and security devices, having no permanently attached additions and
being immobile for no more than 180 consecutive days; or else
(b) meet all provisions of this Code applicable to manufactured home structure.
117) All proposals for the development of a residential subdivision, commercial business park or manufactured home
parksubdwismn must have public utilities and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize or eliminate flood damage.
(18) All proposals for the development of a residential subdivision, commercial business park or a manufactured
home parkisubdevision must include an adequate drainage plan to reduce exposure to flood hazards.
(19) All proposals for the development o' a commercial business park or a manufactured home parkesubdivision
must include an adequate evacuation o can for the escape of citizens from affected nonresidential structures during
flooding events
(20) Standards for Subdivisions Applications for preliminary. final and'a' concurrent plat approval shaft
(a) Identify the special flood hazards areas, including delineation of floodways and the elevation of the base flood.
(ti) All final plats shall provide the elevation o1 proposed structure(s) and penis)_ 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
loodplair Administrator
IS) To the extent praetlesbla, lot boundaries shall be made to coincide with natural and preexisting man -mace
drainage ways
within IubdFSOOI
to avoid the cri.!
anon of loll that )
can be bull upon in
only by aMnng r l
such drainage I I
ways. (See illustra [ Fines '.a+a
__ ?
tiorLRg.lre tt Heae•e
Any Ict pared soI wr.x
that a portion of the
lot lies in a special -. -n ens p-, SHic
flood hazard area
shall contain a minimum of 6000 square feel of buildable arm, including setbacks, outside the special flood hazard
area, or if it contains less than 6,000 square feet of buildable arm. It shall be platted to contain a minimum of one
acre. Any lot planed so that the entire 'allies In a special flood hazard arm shall contain a minimum of one acre.
(See Hluslratlon' Figure 4)
(d) For subdivisions partially
located In special flood hazard _ -
areas, minimum lot area
requirements may be waived
by the director to allow he
platting of lots to be clustered
outside the special flood Poor Bit du ClN
and area, the density permitted Area.
for the zoning district to be
averaged over the entire par' 5,000 Sq. F l I
cal, provided a permanent Min.
conservation easement is FtGOd
granted to the city, a land �� Hazae'(>
trust, or the property owners
association to ensure trial the Area
area of special flood hazard
will remain undeveloped. ....
(e) In any area that is located
outside a special flood hazard
area, but where a strum is
located. no building or fill firs,
be located within a distance of the strum bank equal to two and one'hefl h widen of the stream measured from
lop of bank to top of bank. or 25 het on each side, whichever is greater
It) in all areas designated as a Zone A on the FIRM where a detaeea study has not been completed t0 specify its
floodway and btu Ibed elevations, no building or fill shall be located within a distance of two and one'hatf times
Sea width oft. abeam measured from the top of the bank to the top of bank, or 25 test on each side, whichever is
grow.
(I) Provided, the applicant may choose it not required by other provisions of this chapter to provide a detailed hydro-
logic and hydraulic study which delineates the floodway. 100 -year floodplafn boundary, and base flood elevations At
such time a study is provided and adopted by ordinance. the applicant shall meet all requirements for areas desig-
nated with floodway. 100 -year floodplafn, and base flood elevations
(if) If, for some reason, the property owner believes the FIRM to be inaccurate, a letter of map amendment may be
submitted to FEMA. II the boundaries of the floodplafn are amended by FEMA, setbacks will be enforced pursuant to
the amendment.
16811 Risk Zone Specific Standards
In addition to 1st General Standards, the following standards apply to specific development types in specific Risk
Zones, except as revised in Section F of this Article. Risk Zones listed in this Code that do not appear ch the cur-
rent FIRM are not applicable
(Al In AE Risk Zones'.
Special Flood Hazard Areas with Use floods determined
(1) For Residential Structures in Zone AE'.
(a) For all new residential structures, the top surface of the lowest floor must have an elevation 2 feet or more above
the published BFE. This elevation must be documented on an Elevation Certificate properly completed by a
Professional Engineer, Surveyor or Architect licensed to practice in the State of Arkansas.
(b) For all substantial Improvements or substantial damage to existing residential structures. the entire structure
becomes subject to the requirements of a new residential structure
(c) For any reconstruction rehabilitation, addition or other improvement to an existing residential structure that is
less than a substantial improvement, only the improved area, but nor the entire structure. becomes subject to the
requirements of a new residential structure.
(2) For Nonresidential Structures in Zone AE'.
(a) All new commercial, industrial or other nonresidential structures must either
(1) have the lowest floor (including basement) elevated 2 feet or mote above the base flood level or
(ii) be floodproofed such that, together with attendant utility and sanitary facilities, be designed so that below an ele-
vation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the pas-
sage of water and with structural components having me capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
(iii) A registered professional engineer or architect shall develop ended; review structural design, specifications, and
plans for the construction, and shall cenity on a Floddproofing Certificate that the design and methods of construc-
tion are in accordance with accepted standards of practice as outlined in this subsection. A record of such certifi-
cation which includes the specific elevation (in relation to mean sin level to when such structures are flood proofed
shalt be maintained by the Floodplain Administrator
(b) For all substantial improvements or substantial damage to existing comnre¢iai indwstna, or other nonresiden-
liai structures me entire structu'e becomes subject to the requirements of a new nonresidential structure
ic; For any reconstruction. rslladllhg011, addmon, or other Impoyemem to an existing nonresidential structure that
is Iess Man a substantial Improvement, only the improved area, but not the entire structure, becomes subject to the
requirements of a new nonresidential structure.
(3) For Manufactured Homes in Zone AE
(a) All manufactured homes that are placed or substantially improved on sites
10 outside of a manufactured home park or subdivision,
pi) in a new manufactured home park or subdivision.
(iii) in an expansion to an existing manufactured home park or subdivision, or
(Iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred' substantial
damage' as a result of a flood, be elevated on a permanent hu ndatfon such that the lowest floor o1 the manufactured
home is elevated 2 feet or more above the base food elevation and be securely anchored to an adequately anchorec
foundation system to resist flotation, collapse, and lateral movement.
(b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home
park or subdivision an the community's FIRM that are not subject to the provisions of §168.11(A)(3)(a) of this sec
fin be elevated so that either.
II) the lowest floor of the manufactured home is 2 feet or mom above the base flood elevation, or
(ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equw'
alert strength that are no ass man 36 inches in height above grade and be securely anchored to an adequatey
anchored foundation system to resist flotation, collapse. and lateral movement
(iii) For all substantial improvements or substantial damage to existing manufactured home. the entire structure
becomes subject to the requirements of a new manufactured home
(w) For any reconstruction, rehabilitation, addoon, or other improvement to an existing manufactured home that it
less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to Pk
requirements of a new manufacl wren nor'e
fc) WlIOm TEMA'iat'iv' esublisned a rag story floodway in Zone AE nit Floodplain DawlODmeN Permit may for
issued unless a detailed engineering analysis is submitted along with flit application that demonstrates the Iereasi
in bow floodwater elevation due to the proposed development and all cumulative developments since the publics
lion of the current FIRM will be less than 1 fool YN
BI Floodwrys' Pugh risk arias ci strum ntanrwi and adjacent hoodpl n
11) Dewbprents In regulatory flpedgys are pro"rbited. unless
(a) A No -Rise Cerdlirab. signed atE stamper' ' . a Professmna; Engineer licensed to practice in the State of
Arkansas. is submitted to demonstrate through nydrorogrc and ryc:aullc analyses recreate in accordance with
standarc en; nlee'Ng practice that the proposed development would not result in any increase in flood levels within
the community during the occurrence of a base flood event, or
(b) MI requirements of 44 CFR § 6512 are first met
(2) No Manufactured Home may be placed in a regulatory floodway regardless of elevation height, anchoring metn-
ode, or No -Rise famflica6on.
(C) in AH or AO Risk Zones - Special Flood Hazard Arms of shallow flooding
(1) For Residential Structures in Zones AH or AO'.
la) All new residential structures must be constructed with the top surface of the lowest floor elevated 2 feet or more
above the published BFE. or 2 feet above the highest adjacent grade in addition to the depth number specified (at
least 2 feel if no depth number is specified) on the community's FIRM. This elevation must he documented on an
Elevation Certificate property completed by a Professional Engineer. Surveyor or Architect licensed to practice in the
Sure of Arkansas.
(b) For all substantial improvements or substantial damage Io existing residential structures the entire structure
becomes subject to the requirements of a new residential structure.
(c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is
less than a substantial improvement. Only the improved area, but not the entire structure, becomes subject to the
requirements of a new residential structure
(2) For Nonresidential Structures in Zones AH or AO'.
a) All new commercial, industrial or other nonresidential structure must either'.
O have the top surface of the lowest floor elevated 2 feet or mom above the Published BEE, or 2 feet or more above
the highest adjacent grade in addition to the depth number specified (at bust 2 feet it no depth number is specified't
on the community s FIRM, with documentation on an Elevation Certificate property completed by a Professional
Engineer. Surveyor or Architect licensed to practice in the State of Arkansan. or
(ii) be floodproofed such that the structure, together with attendanl utility and sanitary facilities be designed so that
below 3 feet or more above the published BFE in Zone AH, or 3 feel or more above the base specified Food depth
in an AO Zone, the structure is watertight with walls substantially impermeable to the passage of water and with
structural components hawng the capability of resisting hydrostatic and hydrodynamic leads of effects of buoyan-
cy.
(b) For all sS iti Onprov miry{ ar Manbel dstaapa W md*9 comnM OM, Wtfl or oho npumiden-
0 stria WFe Vie sits *uanfl..mes a t ro the ragWfa,Bame of a keel imnaiNMIbal silo-Lpa-
For PaliEA✓,e 0 or. adother, ordroerttnphuement to an existing nonresidential structure that
is less 1lion a c. i bslanbal Improvement only the improved area but nun hr emcee struqure becomes sublecr
'equire merits nil a flea.' nonmsdential structure.
(3) for Manufactured Homes in Zones AH or AO:
(a) All manufactured homes that are placed or substantially improved on sites.
Of outside of a manufactured home park or subdivision.
iii) in a new manufactured home park or subdivision.
iii) in an expansion to an existing manufactured home park or subdivision. or
iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred 'substantial
damage' as a result of a flood, be elevated on a perllarMW foundation such Maur this ewes poor of The me.Mctured
home is elevated 2 feet or more above the published BEE, or 2 feet or more above Me highest adjacent grade in
addition to the depth number specified at least 2 feet it no depth number is specified) on the community's FIRM,
and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral
movement
ib) Require That manufactured homes be placed or substantially improved on sites in an existing manufactured home
park or subdivision on the community's FIRM that are not subject to the provisions of §16811 (C)(3)a) of this sec-
tion be elevated so that either.
(i) the lowest floor of the manufactured home meets the elevation standard of §168.11 (C)(3)(a)(1vj or
(ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equiv-
alent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately
anchored toundalfan system to resist flotation, collapse, and lateral movement.
(c) For all substantial improvements or substantial damage 10 existing manufactured home, the entire structure
becomes subject to the requirements of a new manufactured home.
(d) For any reconstruction, rehabilitation. addition, or other improvement in an existing manufactured home that fs
less than a substantial improvement only ire improved area, but not the entire structure, becomes subject to the
requirements of a new manufactured home.
(4) Where FEMA Us not establhSd a regulatory floodway in Zones AH or AO no Floodplain Development Permit
may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the
increase in Was floodwater elevation due to the proposed development and all cumulative developments since the
publication of the current FIRM tag be less man 1 foot
i5) Require adequate drainage paths around structures on slopes to guide flood waters around and away from pro-
posed structures.
D) In'ARisk Zones - Special Flood Hazard Areas with no base flood elevations determined
ii In Zone A. Tie applicant or the applicant's agent must determine a base flood elevation prior to construction.
The FEE will be based on a source or method approved by the local Floodplain Administrator,
121 For Residential Structures in Zone A'.
a) For all new residential structures, the top surface of the lowest floor must have an elevation 2 feet or more above
the BFE. This elevation must be documented on an Elevation Certificate properly completed by a Professional
Engineer, Surveyor or Architect licensed to practice in the State of Arkansas.
bl For all substantial improvements or substantial damage to existing residential structures, the entire structure
becomes subject to the requirements of a now residential structure.
IC) For any reconstruction. rehabilitation, addition, or other improvement to an existing residential structure that Is
less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the
requirements of a new residential structure.
(3) For Nonresidential Structures in Zone A:
(a I Al new commercial. industrial or other nonresidential structures must either.
(i) haw the lowest floor (including basement) elevated 12 feet or morel above the use flood level or
(it) be floodproofed such that. together with attendant utility and sanlury facilities, be designed so that below an ele-
vation of 3 feet above the tau flood level the structure is watertight with walls substantially impermeable to tU pet
sage of waler and with structural components having the capability of resisting hydrostatic and hydrodynamic bads
and effects of buoyancy
in) A registered professional engineer or architect shall develop and/or review structural design, specifications, and
plans for the construction, and shall certify on a Floodproofmg Certificate that the design and methods of construc-
tion are in accordance with accepted standards of practice as outlined in this subsection. A record of such certifi-
cation which includes the specitfc elevation (in relation to mean me level to which such structures are Hoodproofed
shall be maintained by the Floodplain Administrator.
Ib.l For all substantial improvements or substantiai damage to existing commercial, industrial or other nonresiden-
tial structures the entire structure becomes subject to the requirements of a new nonresidential structure.
(c.) For any reconstruction, rehabilitation, addition. or other improvement to an existing nonresidential structure that
Is less than a substantial Improvement, only the improved area, but not the entire structure, becomes subject to the
requirements of a new nonresidential structure.
(4) For Manufactured Homes in Zone A:
(a) All manufactured homes that are paced or substantially improved on sites.
(I) Outside of a manufactured home park or subdivision.
(ii) in a new manufactured home park or subdivision,
(iii) in an expansion to an existing manufactured home park or subdMsion, or
(iv) in an existing manufactured home park or subdMslon on which a manufactured home has incurred 'substantial
damag( as a result of a flood, be elevated on a pemlazenl foundation such that the lowest floor of the manufactured
home is elevated 2 feet or more above the base hood elevation and be securely anchored to an adequately anchored
foundation system to resist notation collapse, and lateral movement.
(b) Require Fast manufactured homes be placed or substantially Improved on sites in an existing manufactured home
Park or subdfvison on the community's FIRM that are not subject to the provisions of §16311 rDk 4''t1 of •nis sec -
lion be elevated Sc that either
!f) the lowest Nom of the manufactured home Is 2 feet or more above the Use Flood elevation or
[if) the manufactured home chassis is supported by reinforced piers of other foundation elements of at lust equiv-
alent strength that are no less Man 36 inches in Might above grade and be Securely anchored to an adequately
anchored foundation system to resist flotation. collapse, and lateral movement.
'cl For all substantial inprsvements or substantial damage to existing manufactured home. the entire structure
becomes subject tote 'enuuements al a new manufactured home.
I" °or any reconsttu ehabilitallon, addition. or other improvement to an existing manufactured home flat is
r.- than a substaMla Improvement, only the improved area but not the entire structure. becomes subject to Me
requirements of a now manufactured home.
(5) tion ta and a for ssubdiviase siioneproposalsaand ottheragulatory pr posedfloodway developmentzincl accepted nthe engineering
pni eeeentgof moues shall be
and subdivisions which Is greater than 50 late or 5 acres, whichever is lesser, 11 not otherwise provided.
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168.12 Enforcement
(A) Flood hazards are reduced by compliance with the provisions of this code. Accordingly, enforcement of this
ordinance discourages nomcompllance and is a recognized mechanism for flood hazard reduction.
(B) the Floodplain Administrator must enforce the provisions of this ordinance and is authorized to'.
(1) Issue Stop Work Orders on noncompliant floodplain development Ora(ects;
(2) Request that FEMA file a 1318 Action (Denial of Flood Insurance) against non -compliant properties; and
(3) Take any other lawful action necessary to prevent or remedy any instance of non-compliance with me provisions
of this ordinance.
(C) It is hereby declared to be a misdemeanor to violate or fall to Comply with any provision of this ordinance.
(D) My person found guilty in the District Court of violating this ordinance Is subject to the penalties set forth at
§10.99 of the Fayetteville Code of Ordinances.