ORD NO 42-2023 CITY OF VAN BUREN ARKANSAS
ORDINANCE NO.—hE-2023
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING THE FLOOD DAMAGE PREVENTION CODE
CONCERNING THE INSTALLATION OF MACHINERY OR EQUIPMENT FOR
RESIDENTIAL STRUCTURES AND MANUFACTURED HOMES
WHEREAS, the City of Van Buren has adopted Ordinance No. 1-2009 that adopted the"Flood
Damage Prevention Code for Van Buren,Arkansas"dated January 29,2009; and
WHEREAS, the Legislature of the State of Arkansas has in Arkansas Code Annotated 14-268-
101 et seq. delegated the responsibility of local governmental units to adopt Federal
Emergency Management Agency (FEMA) regulations to minimize flood losses;
and
WHEREAS, Arkansas Code Annotated § 14-55-207 allows for the adoption of technical
codes, such as the Flood Damage Prevention Code,by reference; and
WHEREAS, the amendments to the Flood Damage Prevention Code were reviewed by the Van
Buren Planning Commission, at their November 7th, 2023, meeting, and upon
notice of a public hearing and publication, was set for a public hearing conducted
by the Planning Commission, in accordance with State law; and
WHEREAS, the proposed amendment to the Flood Damage Prevention Code was recommended
by a majority vote of the entire Planning Commission.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS, THAT:
SECTION 1: The amended Flood Damage Prevention Code are and have been prior to adoption
on file in the office of the City Clerk,the availability of such codes, for inspection
by the public,has been duly published.
SECTION 2: The amended Flood Damage Prevention Code for the City of Van Buren,Arkansas,
dated December 18, 2023, is hereby adopted by reference as if set out herein word
for word.
SECTION 3: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein,is declared to be unconstitutional,inappropriate,or invalid by any
court of competent jurisdiction such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
SECTION 4: Permits obtained prior to the effective date of this ordinance will be enforced under
the previously adopted code until final disposition of the permit.
SECTION 5: All laws, ordinances, resolutions, or parts of same that are inconsistent with the
provisions of this ordinance are hereby repealed to the extent of such inconsistency.
SECTION 6: Permits obtained prior to the effective date of this ordinance will be enforced under
the previous code until final disposition of the permit.
IN WITNESS WHEREOF,the City of Van uren,Arkansas,by its City Council, did
pass, approve, and adopt,by a vote of for and against,the foregoing Ordinance at its
meeting held on the 1 St"day of December 2023.
�'m
(Worz- O�Y�
City of Van Buren J e . Hurst
Mayor
oy
ATTESTED: � �raCounty,F��aym APPROVED AS TO FORM:
Shawnna Reynol owell
Clerk/Treasurer City Attorney
AIL
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FLOOD DAMAGE PREVENTION CODE
FOR THE CITY OF VAN BUREN, ARKANSAS
Adopted January 29, 2009 by Ord. No. 1-2009
As amended December 18,2023 by Ord.No.
ARTICLE 1 DEFINITIONS
Unless specifically defined below,words or phrases used in this Code have their common usage
meaning to give the most reasonable application to 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 section of the Federal regulations which involves revision of
flood insurance rate maps to reflect base flood elevations caused by proposed encroachments.
"100 year flood"is any flood with a 1%chance of occurring in any given year. The term is
misleading,because of its statistical derivation. A"100-year flood"may occur many times in
any given 100-year period, or it may not occur at all in 100 years.
"500 year flood"is any flood with a 0.2%chance of occurring in any given year. As with the
100-year flood,this term is also misleading,because of its 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.
"Accessory Structures"are structures which are on the same parcel of property as the
principle structure and the use of which is incidental to the use of the principle structure(such as
garages and storage sheds).
"Adverse impact"means any negative or harmful effect.
"AE Risk Zones"are special flood hazard areas where detailed studies have determined base
flood elevations.
"AHRisk 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"is the flood profile used as the basis for the NFIP regulations. The Federal
government has selected the"l00-year flood" as the base flood.
"Base Flood"is the flood profile used as the basis for the NFIP regulations. The Federal
government has selected the I%chance flood as the base flood.
"Basement" is any enclosed area that is below grade on all sides.
"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 park"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.
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"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"means any man-made change to improved or unimproved real estate. It
includes,but not limited to, construction,reconstruction, or placement of a building, or any
addition or substantial improvements to a building. "Development" also includes the installation
of a manufactured home on a site,preparing a site for a manufactured home, or installing/parking
a travel trailer. The installation of utilities, construction of roads,bridges, culverts or similar
projects are also "developments." Construction or erection of levees, dams,walls, or fences;
drilling,mining,filling, dredging, grading, excavating,paving, or other alterations of the ground
surface are"developments." Storage of materials including the placement of gas and liquid
storage tanks are"developments,"as are channel modifications or any other activity that might
change the direction,height, or velocity of flood or surface waters. "Development"will normally
not include maintenance of existing drainage ditches, gardening,plowing,planting,harvesting of
crops, or similar practices that do not involve filling, grading, or construction of levees.
"Development Permit"refers to the permit required for placing a"development"in the
floodplain.
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"Easements"are rights or permissions held by one person to make specific,limited use of
land owned by another person.
"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.
"Erosion"is the process of soil removal by moving water.
"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 Subdivsion"-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).
"Federal Emergency Management Agency", or FEMA, is the Federal agency
responsible for administering the National Flood Insurance Program.
"FEMA"is the acronym for the Federal Emergency Management Agency.
"Fill"refers to the placement of natural sand, dirt, soil,rock, concrete, cement,brick or similar
material at a specified location to bring the ground surface up to a desired elevation.
"FIRM"is the acronym for Flood Insurance Rate Map.
"Flood Fringe"refers to the portion of the 100-year floodplain which is outside the floodway
(See definition of floodway below.)
"Flood Insurance Rate Map"(or"FIRM")refers to the official flood map of a
community on which FEMA has categorized Special Flood Hazard Areas into risk premium
zones.
flood maps
"Flood Insurance Study"(or "FIS") is the official report provided by FEMA. It contains
flood profiles,floodway tables, engineering methods, and other descriptive and technical data.
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"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"refers to any land area susceptible to inundation by floodwaters from any source.
For the purposes of this Code, floodplain refers to the land area susceptible to being inundated
by the base flood.
"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.
"Floodpvoofing"is a combination of structural and nonstructural additions, changes, or
adjustments to structures that reduce or eliminate the risk of flood damage.
"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.
"Floodway"or "Regulatory Floodway"refers to a stream channel and the land to either
side of the stream channel that must remain undeveloped and open in order to allow floodwaters
to pass without increasing the base flood elevation more than a designated height. For the
purposes of this Code,the height is one foot(1 ft.). Severe restrictions or prohibitions are
imposed on development within the floodway.
"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.
"Functionally dependent use"is a use that requires a location or construction contrary to
the requirements of the Code. Shipyards and docks are the most common examples of
"functionally dependant uses,"but in Arkansas,water and wastewater treatment facilities are
often constructed on normally prohibited sites. Another example of a functionally dependant use
might be an addition to a manufacturing facility with precision equipment which must align with
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existing equipment in a pre-existing,pre-FIRM building. Variances may be granted for
functionally dependant uses.
"Grade"means the surface of the ground.
"Grading"means to smooth the surface of the ground,typically with heavy construction
equipment.
"Highest Adjacent Grade"(HAG)means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
"Historical Structure"means any structure that is:
1. Listed individually in the National Register of Historic Places(a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory or historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior or;
b. Directly by the Secretary of the Interior in states without approved programs.
"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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"Lowest floor" refers to the lowest floor of the lowest enclosed area(including Basement).
For a typical slab-on-grade construction, the lowest floor is the top of the first floor of the
structure. For a typical basement foundation construction,the elevation of the lowest floor is the
top of the basement floor. For a typical crawlspace foundation construction,the elevation of the
lowest floor is the top of the first floor of the structure. For a typical split-level construction,the
elevation of the lowest floor is the top of the first living area floor. For a manufactured home
installation,the elevation of the lowest floor will be the bottom of the lowest I-Beam. The
garage floor and crawlspaces are not the lowest floor as long as there are no living areas in the
garage and it is used solely for storage,parking vehicle and entry to the structure,provided that
such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirements of Section 60.3 of the National Flood Insurance regulations.
"Manufactured Homes"or Structures means a structure,transportable in one or more
sections,which is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term"manufactured home"
does not include a"recreational vehicle".
"Manufactured Home Park or Subdivision"means a parcel(or contiguous parcels) of
land subdivided into two or more manufactured home lots for rent or sale.
"Mean Sea Level" (MSL)means, for the purposes of the NFIP, the National Geodetic
Vertical Datum(NGVD) of 1929 or other datum,to which base flood elevations shown on a
community's FIRM are referenced.
"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 Construction"means,for floodplain management purposes, structures for which the
"start of construction"commenced on or after the date of a floodplain management regulation
adopted by a community and includes any subsequent improvements to such structures.
"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...
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"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. For the purpose of this ordinance,piers must be permanent in nature.
"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.
"R V"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 manufactured homes 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.
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"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"means for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank that is principally above ground,as well as a manufactured
home.
"Substantial damage"is damage of any origin where the cost to restore a structure to its
original undamaged state would equal or exceed 50% of the market value of the structure before
any damage occurred. In determining whether substantial damage has occurred, estimators must
use standard contractor and materials costs. There are no exceptions for homeowners who make
their own repairs or for discounted or free raw materials.
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"Substantial improvement"is any reconstruction,remodeling, addition or improvement to
a structure with a cost equaling or exceeding 50%of the market value of the structure before any
improvement. Improvements to correct identified violations of local health, sanitary or safety
Codes are not substantial improvements,regardless of the cost, as long as they are the minimum
improvement necessary to bring the structure up to Code. Alterations to historical structures are
also exempted, as long as the improvement does not affect the structure's official status of
"historical structure."
"Uses vulnerable to floods"are simply any land or structural uses that may be negatively
affected by a flood.
"Variance"is a formal,written permission from the Appeals Board to construct or develop in
a way that is inconsistent with the requirements of this Code. The variance only deals with this
Code—the Appeals Board has no authority to waive any other governmental requirement, and
has no say in the cost of flood insurance.
"Violation"-means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance required in this
Code is presumed to be in violation until such time as that documentation is provided.
"Watercourse alteration"refers to any change that occurs within the banks of a
watercourse.
"Water Surface Elevation"-means the height, in relation to the National Geodetic Vertical
Datum(NGVD) of 1929 (or other datum,where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
"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.
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ARTICLE 2 ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Mayor of the City of Van Buren,Arkansas,or his designee,is hereby appointed the
Floodplain Administrator.
SECTION 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
(3) Review applications for Floodplain Development Permits to:
a) Evaluate proposed projects for reasonable safety from flooding;
b) Evaluate proposed projects for 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)for proposed projects are obtained from the appropriate government
agency prior to issuing a Floodplain Development Permit; and
d) Ensure that proposed projects conform to the applicable provisions of this Code.
(4) Approve or deny applications for Floodplain Development Permits on the basis of:
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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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;
h) The proposed development's functionally dependent use;
i) The availability of alternative locations,not subject to flooding or erosion
damage, for the proposed development; and
j) The relationship of the proposed use to the comprehensive plan for that area.
(5) Interpret the exact location of the boundaries 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 applicability of the provisions of this Code to
the proposed project.)
(6) Notify adjacent communities and the State Coordinating Agency,which is the Arkansas
Natural Resources Commission, a minimum of 60 days prior to any alteration or
relocation of a watercourse, 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
flood 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 administration of the provisions of this Code.)
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(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.
(11) Maintain all records and documents pertaining to this Code for public inspection.
SECTION C. 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 improvements,roadway or bridge construction,
individual water or sewer installations or any other development in a Special Flood Hazard Area
to ensure conformance with the provisions of this Code.
SECTION D. PERMIT PROCEDURES
(1) Application for a Floodplain Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include,but not be limited to,
plans in duplicate drawn to scale showing the location, dimensions, and elevation of
proposed landscape alterations, existing and proposed structures,including the placement
of manufactured homes, and the location of the foregoing in relation to areas of special
flood hazard.
(2) The documentation required with each Application for a Floodplain Development Permit,
and the specific provisions 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. Article 3, Section A contains standards for all developments in all Risk
Zones. Article 3, Section B contains standards for specific development types in specific
Risk Zones.
(3) The decision of the Floodplain Administrator to approve or deny issuance of a Floodplain
Development Permit is subject to appeal to the designated Appeal Board. Within Van
Buren,Arkansas the designated Appeal Board is the Planning Commission.
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SECTION E. PROCEDURES FOR VARIANCE FROM THE REQUIRMENTS OF THIS
CODE
(1) Applicants must submit petitions for variances directly to the Appeal Board(Section E).
(2) Variances may only be issued:
a) if showing a good and sufficient cause;
b) granting of the variance will not result in any adverse impact upon other lands;
c) if granting of the variance will not result in any additional threats to public safety;
d) if granting of the variance will not result in extraordinary public expense;
e) if granting of the variance does not create a nuisance, cause fraud on or
victimization of the public,or conflict with existing laws or ordinances;
f) if granting of the variance will not result in increased flood heights or an increase
in expected flood velocities;
g) if the requested variance is the minimum necessary,considering the flood hazards,
to afford the necessary relief, and
h) upon determination-that the requested variance is necessary to avoid an
extraordinary hardship to the applicant.
(3) Variances may not be issued for developments inside a regulatory floodway unless
a) all requirements of 44 CFR§65.12 are first met; or
b) the following requirements are met:
1. a No-Rise Certificate signed and sealed by a Professional Engineer licensed
to practice in the State of Arkansas is submitted to document that no increase
in the base flood elevation would result from granting a variance for the
proposed development;
2. protective measures are employed to minimize damages during flooding
events; and
3. the variance does not result in any adverse impact to other lands.
(4) Examples of developments for which variance petitions may be appropriate include but
are not limited to
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a) the new construction of, or substantial improvement to,a structure on a lot of 1/2
acre or less in size that is surrounded by contiguous lots with existing structures
constructed below the base flood elevation;
b) for the reconstruction,rehabilitation or restoration of an historical structure,
provided that:
1. the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure; and
2. the variance is the minimum necessary to preserve the historic character
and design of the structure.
c) the new construction of, substantial improvement to,or other development
necessary to conduct a functionally dependent use,provided that:
1. the criteria outlined in Article 2, Section E, (3)and(4)and Article 2,
Section F are met, and
2. the structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threats to
public safety.
SECTION F. APPEAL BOARD
(1) Within Van Buren,Arkansas the Planning Commission is the designated Appeal Board.
(2) The Appeal Board will consider an appeal only with allegations of an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of this Code.
(3) Upon consideration of the factors noted in Article 2, Sections E and F,and the intent of
this ordinance,the Appeal Board may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of this ordinance.
(4) Appeal Board decisions are binding only upon the requirements of this Code,and have
no bearing on the decision of any lending institution to require the purchase of flood
insurance or on the rate determination of such insurance.
15
(5) Any time the Appeal Board issues a variance, it must provide the applicant with a
formal written warning of an increased risk of flood damage due to removal of
restrictions designed to lessen such risks. The notice must also warn of a corresponding
increase in the cost of flood insurance, since the cost of such insurance will be
commensurate with the increased risk.
(6) Aggrieved parties may appeal any decision of the Appeal Board to a court of competent
jurisdiction.
ARTICLE 3 PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
The following standards apply to all developments in Special Flood Hazard Areas,regardless of
the type of proposed development or the Risk Zone of the proposed site.
1. All new 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 hydrostatic loads,including the effects
of buoyancy;
2. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
4. All critical and/or publically owned facilities constructed or substantially improved in
Special Flood Hazard Areas(SFHA)must be constructed or modified to meet the flood
protection standards of this code 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 mixed-use structures are subject to the more stringent
requirements of residential 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 reconstruction,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 than a substantial improvement
16
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 requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following minimum criteria:
(a)A minimum of two openings 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.
17
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 for the development of a commercial business park or a
manufactured home park/subdivision must include an adequate evacuation plan for
the escape of citizens from affected nonresidential structures during flooding events.
SECTION B. RISK ZONE SPECIFIC STANDARDS
In addition to the General Standards,the following standards apply to specific development types
in specific Risk Zones. Risk Zones listed in this Code that do not appear on the current FIRM
are not applicable.
(1)In AE Risk Zones:
Special Flood hazard Areas with base floods determined
a) For Residential Structures in or adjacent to Zone AE:
1. For all new residential structures,the top surface of the lowest floor must have
an elevation 1 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.
18
2. For all substantial improvements or substantial damage to existing residential
structures,the entire structure becomes subject to the requirements of a new
residential structure.
3. 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.
4.All machinery_ or equipment for residential structures_must be elevated to at
least 1 foot above the base flood elevation for newly-co-
ewly constructed substantially
unproved, and/or_reconstructed due to substantial damage. This requirement
includes machinery and equipment placed within attached garages and/or
within enclosures below elevated buildings,with the exception of utility meters
and e uq ipinent specifically designed to withstand inundation_according to the
standards of the Intern l C ational Residentiaodes and the National Flood'
Insurance Program.1
b) For Nonresidential Structures in or adjacent to Zone AE:
1. All new commercial,industrial or other nonresidential structures must either:
a. have the lowest floor(including basement)elevated 1 feet or more above
the base flood level or
b. be floodproofed such that,together with attendant utility and sanitary
facilities,be designed so that below an elevation of 3 feet above the base
flood level the structure is watertight with walls substantially impermeable
to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy.
c. 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 construction are in accordance with accepted standards of
practice as outlined in this subsection. A record of such certification,
which includes the specific elevation(in relation to mean sea level)to
which such structures are floodproofed shall be maintained by the
Floodplain Administrator.
2. 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.
19
3. 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.
c) For Manufactured Homes in or adjacent to Zone AE:
1. All manufactured homes that are placed or substantially improved on sites:
a. outside of a manufactured home park or subdivision,
b. in a new manufactured home park or subdivision,
c. in an expansion to an existing manufactured home park or subdivision, or
d. 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 1 feet or more above the base flood
elevation and be securely anchored to an adequately anchored foundation
system to resist flotation,collapse, and lateral movement.
F ---
e. All machinery or equipment for residential structures must be elevated to at'
-_- _ -_—
least 1 foot above- the base flood elevation for newly constructed,
substantially improved, and/or reconstructed due to substantial damage.,
This requirement includes machinery and equipment placed_within_attached;
garages and/or within enclosures below elevated_buildings,with the;
---
exception of utility meters and equipment specifically designed to withstand
inundation according to the standards of the International Residential Codes;
and the National Flood Insurance Program.
2. 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 paragraph(1.)of this section be
elevated so that either:
a. the lowest point of the lowest floor of the manufactured home is 1 feet or
more above the base flood elevation, or
b. the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation,collapse,and lateral movement.
3. For all substantial improvements or substantial damage to existing
manufactured home,the entire structure becomes subject to the requirements
of a new manufactured home.
20
4. For any reconstruction,rehabilitation, addition, or other improvement to an
existing manufactured home that is less than a substantial improvement, only
the improved area,but not the entire structure, becomes subject to the
requirements of a new manufactured home.
d) Where FEMA has not established a regulatory floodway in Zone AE,no
Floodplain Development Permit may be issued unless a detailed engineering
analysis is submitted along with the application that demonstrates the increase in
base floodwater elevation due to the proposed development and all cumulative
developments since the publication of the current FIRM will be less than 1 foot.
(2)Floodways
High risk areas of stream channel and adjacent floodplain
a) Developments in regulatory floodways are prohibited,unless
1. A No-Rise Certificate,signed and stamped by a Professional Engineer licensed
to practice in the State of Arkansas,is submitted to demonstrate through
hydrologic and hydraulic analyses performed in accordance with standard
engineering 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
2. All requirements of 44 CFR§65.12 are first met.
b) No Manufactured Home may be placed in a regulatory floodway,regardless of
elevation height, anchoring methods, or No-Rise Certification.
(3)In AH or AO Risk Zones:
Special Flood Hazard Areas of shallow flooding
a) For Residential Structures in Zones AH or AO:
1. All new residential structures must be constructed with the top surface of the
lowest floor elevated 1 feet or more above the published BFE, or 1 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. This elevation must be documented on an Elevation Certificate
properly completed by a Professional Engineer, Surveyor or Architect licensed
21
to practice in the State of Arkansas.
2. For all substantial improvements or substantial damage to existing residential
structures the entire structure becomes subject to the requirements of a new
residential structure.
3. 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.
4_ All machinery or equipment for residential structures must be elevated to at
least 1 foot above th_e base flood elevation for newly—constructed substantially;
improved, and/or reconstructed due to substantial damage.Thisrequirement'
includes machinery and equipment placed within_attached garages and/or
within enclosures below elevated buildings,with the exception of utility meters
and equipment specifically designed to withstand inundation according to the,
standards of the International Residential Codes and the National Flood
Insurance Program ------- ------- -
b) For Nonresidential Structures in Zones AR or AO:
1. All new commercial, industrial or other nonresidential structure must either:
a. have the top surface of the lowest floor elevated 1 feet or more above the
published BFE, or 1 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
b. be floodproofed such that the structure,together with attendant utility and
sanitary facilities be designed so that below 2 feet or more above the
published BFE in Zone AH, or 2 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.
2. 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.
3. For any reconstruction,rehabilitation,addition,or other improvement to an
existing nonresidential structure that is less than a substantial improvement,
22
only the improved area,but not the entire structure,becomes subject to the
requirements of a new nonresidential structure.
c) For Manufactured Homes in Zones AH or AO:
1. All manufactured homes that are placed or substantially improved on sites:
a. outside of a manufactured home park or subdivision,
b. in a new manufactured home park or subdivision,
c. in an expansion to an existing manufactured home park or subdivision,or
d. 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 1 feet or more above the published
BFE, or 1 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 securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
e. All machinery or equipment for residential structures must be elevated to
'at least 1 foot above the base flood elevation for newly constructed,
substantially improved, and/or reconstructed due to substantial damage.
;This requirement includes machinery and equipment placed within;
;attached garages and/or within enclosures below elevated buildings,with
the exception of utility meters and equipment specifically designed to
withstand inundation according to the standards of the International-:
Residential Codes and the National Flood Insurance Program.
2. 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 paragraph 1. of this section be
elevated so that either:
a. the lowest floor of the manufactured home meets the elevation standard of
paragraph 1., or
b. the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
3. For all substantial improvements or substantial damage to existing
manufactured home,the entire structure becomes subject to the requirements
of a new manufactured home.
23
4. For any reconstruction,rehabilitation, addition, or other improvement to an
existing manufactured home that is less than a substantial improvement, only
the improved area,but not the entire structure,becomes subject to the
requirements of a new manufactured home.
d) Where FEMA has not established a regulatory floodway in Zone 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 base floodwater elevation due to the proposed development and all
cumulative developments since the publication of the current FIRM will be less
than 1 foot.
e) Require adequate drainage paths around structures on slopes,to guide flood
waters around and away from proposed structures.
(4)In "A" Risk Zones:
Special Flood Hazard Areas with no base flood elevations determined
a) In Zone A, The applicant or the applicant's agent must determine a base flood
elevation prior to construction. The BFE will be based on a source or method
approved by the local Floodplain Administrator.
b) For Residential Structures in Zone A:
1. For all new residential structures,the top surface of the lowest floor must have
an elevation 1 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.
2. For all substantial improvements or substantial damage to existing residential
structures,the entire structure becomes subject to the requirements of a new
residential structure.
3. 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.
4. All machinery or equipment for residential structures must be elev__ated to-at
least 1 foot above the base flood elevation for newly constructed substantially;
improved, and/or reconstructed due to substantial damage. This requirement
includes machinery and equipment placed within attached_garages and/or',
thin enclosures below elevated buildings, with the exception of utility meters
24
and equipment_ specifically_designed to withstand inundation according-to the
standards of the_International Residential Codes a_n_d—the National Flood
Insurance Program.
c) For Nonresidential Structures in Zone A:
1. All new commercial, industrial or other nonresidential structures must either:
a. have the lowest floor(including basement)elevated 1 feet or more above
the base flood level or
b. be floodproofed such that,together with attendant utility and sanitary
facilities,be designed so that below an elevation of 3 feet above the base
flood level the structure is watertight with walls substantially impermeable
to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy.
c. A registered professional engineer or architect shall develop and/or review
structural design, specifications, and plans for the construction, and shall
certify on a Floodproofing Certificate that the design and methods of
construction are in accordance with accepted standards of practice as
outlined in this subsection. A record of such certification which includes
the specific elevation(in relation to mean sea level)to which such
structures are floodproofed shall be maintained by the Floodplain
Administrator.
2. 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.
3. 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.
d) For Manufactured Homes in Zone A:
1. All manufactured homes that are placed or substantially improved on sites:
a. outside of a manufactured home park or subdivision,
b. in a new manufactured home park or subdivision,
c. in an expansion to an existing manufactured home park or subdivision, or
d. 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
25
the manufactured home is elevated 1 feet or more above the base flood
elevation and be securely anchored to an adequately anchored foundation
system to resist flotation,collapse, and lateral movement.
e All machinery or equipment for residential structures must be elevated to at.
least 1 foot above the base flood elevation for newly constructed,
- —
substantially improved, and/or reconstructed due to substantial damage. This'
requirement includes machinery and equipment_ placed within attached
garages and/or within enclosures below elevated buildings,with the
exception of utility meters and equipment specifically_designed designed—to—withstand
inundation according to the standards of the International Residential Codes
and the National Flood Insurance Program.
2. 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 paragraph(l.)of this section be elevated
so that either:
a. the lowest floor of the manufactured home is 1 feet or more above the base
flood elevation, or
b. the manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement.
3. For all substantial improvements or substantial damage to existing
manufactured home,the entire structure becomes subject to the requirements of
a new manufactured home.
4. For any reconstruction,rehabilitation, addition, or other improvement to an
existing manufactured home that is less than a substantial improvement,only
the improved area,but not the entire structure,becomes subject to the
requirements of a new manufactured home.
e) 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.
26
t,ity of Van Buren, Arkansas
Munid al IP
Complex
1003 Broadway o Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY, PLANNING DIRECTOR
SUBJECT: FLOOD DAMAGE PREVENTION CODE AMENDMENTS
DATE: DECEMBER 7, 2023
During a recent audit by a Community Rating System(CRS) Specialist, some items were
identified in their evaluation that we need to address. The Council previously approved an
amendment that required the flood plain boundaries to be shown on all final plats.
The second amendment that was recommended is that our Flood Damage Prevention Code needs
to include a requirement for machinery or equipment to be elevated to at least I foot above the
base flood elevation for all residential buildings,whether single family,multi-family or
manufactured.
The flood damage prevention code already requires the top surface of the lowest floor to be 1
foot or more above the base flood elevation. This amendment makes it clear that the machinery
or equipment must also be elevated to comply with the 1-foot freeboard requirement.
This requirement includes machinery and equipment placed within attached garages and/or
within enclosures below elevated buildings,with the exception of utility meters and equipment
specifically designed to withstand inundation according to the standards of the International
Residential Codes and the National Flood Insurance Program(NFIP).
Attached is a copy of the flood damage prevention code with the amendments highlighted. I
have also enclosed information about the Community Rating System. This amendment will
increase our credit points in the CRS and could create some reduction in flood insurance
premiums.
The Planning Commission held a public hearing at their November 7, 2023,meeting. After
discussion the Planning unanimously recommended,the amendments be forwarded to the City
Council for approval.
Please let me know if you have any questions.
I
0- An official website of I lie United States go,.,el III 11-nit
A Ja
Cl
English
Coordinator's Manual Forms Participating,con-11-flunities Discounts on Flood Insurance Data Visualizations
Case Studies,Blogs&Fact Sheets
The Community Rating System(CRS)is a voluntary incentive program that'recognizes and encourages community floodplain
management practices that exceed the minimum requirements of the National Flood Insurance ProProgram(fjrIP).,over 1,500 communities
participate nationwide.
In CRS communities,flood insurance premiufn rates are discounted to reflett the reduced flood risk resulting from the community's
efforts that address the three goals of the program:
1.Reduce and avoid flood damage to insurable property
2.Strengthen and support the insurance aspects of the National Flood Insurance Program
3.Fbsf6r cornpi-611i2ilsive floodplain management
The brochure,commum y Y_Ratjjlg.aystern.,TILe Eocal Official's Guide to sav"19-ILP-S,Preventii g Propel
Damage and Reducing the Cost of Flood Insurance introduce's the Community Rating System as a way of
promotingthe awareness of flood iiISLirance.
Contact Us
Sign up Wthe bf-monthly_,NIFIP/CRS Update-newsletter.Or email the Community Rating.5yqteiii team with questions.
Community Rating System Coordinator's Manual
The Cootdinator's Manual is tile guidebook for the Community Rating System.the Coordinators Manual explains how the program
operates,flow credits are calculated,what documentation is required,and flow class ratings are determined.It also acts as guidance for
communities in enhancing their flood loss reduction and resource protection activities.
Coordinator's Manual,2017 Edition
The current Coordinator's Manual is the 2017 5dition.
o Section 100 gives general background Information on the CRS.
1
1 Section 200 explains the application and verification procedures. ' .?
Sections 300 through 760 explain the credit points and calculations that are used to verify CRS credit.
`02 At Ad?Slti7.1'i'11'i';a i;il:'(:oordinntnrls Kamm
a The addendum to the Coordinator's Manual bdcatne effective in January 2021.
n The 2621 Addendum and the2017 CRS Coordinator's Manual together constitute the official statement of CRS credits and
procedures.These two documents will remain effective until a fully revised edition of tine Coordinator's Manual is issued in the
future.
n Read answers to it_,rlu+nt;y�s' l_yilec,itQ17 ��7 141'UiE�[Il_�_�(�C�=ttdum,
These forms are used by communities that wish to apply to the CRS and also by communities that alreadyparticipate.The forms and
their purposes are explained in the CRS Coordinator's Manual,2017 edition,as updated by the 2021 Addendum.The forms can also be
obtained from a community's ISO/CRS Specialist.
Community Rating System Application Lettel'o'f CRS Colnt'niini'ty Cei-tifieationS(Appendix r of the
Interest anti Quick Check Coordinator's Manual)
This packet includes a letter of interest and a"quick check"form, These certification forms are part of the documentation heeded
both of which are used by a community to apply to the CRS and to obtain credit for certain aclivities under the CRS.
request its initial CRS classification.
CRS Community Certifications for Environmental
NFIP Repetitive Loss Update Forin(formerlyAW- and Historic Preservation(Appendix F of the
501) Coordinator's Manual)
CRS communities use this form to submit corrections and CRS communities use these forms to certify compliance'with
updates to the list of repetitive flood loss properties within their pertinent environmental and historic preservation requirements,
jurisdictions, needed to obtain CRS credit for certain activities.
CRS Participating Communities
View the Community Rating System eligible communities,effective April 1,2023.
April 2023 CRS Eligible(_ormiumil'ic::; 1'I�( itpril2023 ta1S IgiLh_Couimun ?s Cxrel
The CRS Cdlnrnunities Credit File provides detailed data about the credit points each CRS community receives. Individuals desiring
greater understanding of this data can find explanations in the CRS Coordinator's Manual.
CR C(nrunnnitir;;Credit File
Future Participating Communities
You can also preview the upcoming Commwiity RatingSysteiit documents that list the communities fiecoming eligible of f ec+:ire Oct.1,
2023:Pill":
Disa".oiul i-s on Flood Insurance Pi'e'aililinns'3or CRS l:'_:omnoLli'l!'ities
Flood insurance premium discounts in CRS communities range from 50/1 to 45%and are discounted in increments of 5%.A Class 10
community is not participating in the CRS-and receives no discount.A Class 9 community receives a 5%discount for all policies,a Class 8
community receives a 10o/a discount,all the way tos Class 1 community,which receives a 45%premium discount.
Classifications are based on the community's CRS credit points obtained in 19 creditable activities.The CRS activities are organized in
four categories:
0 Public infol•rnation
n iviapping and Regulations
3 Flood Damage Reduction
n warningand Response
Under Risk Rating 7.0.Equity in Action,the CRS discount is applied to the full-risk premium for all national flood Insurance Program
(WIP)policies in the Regular Program in a participating community,ihcluding policies outside of the Special flood Hazard Area(SPHA).
The table below shows the credit points earned,classification awarded and premium reductions.
CRS Credit Points,Classes and Premium Discounts
CRS Discount
CRS credit Points CRS Class
(PYetttium Reduction)
4;500+ 1 45%
4,000—4,499 2 40%
3,500—3,999 3 35a/o
3,000—3,499 4 300/o
2,500-2,999 5 25%
2,000—2,499 G 20a/a
1,500—1,999 7 15%
1,000—1,499 a 10%
500—999 9 5a/a
0—499 S0 0
'See CRS coordinator's Manual for additional information.
CRS Data Visualizations
The data visualizations below allow users to search,visualize and interact with data connected to the CRS. There are two tabs to
navigate,CRS Participation and State Profiles,which include participation maps and community lists,classification charts,state vs.
national comparisons,and scoring and insurance information. By hovering,clicking,and filtering,users can drill down into the
information that's most useful to them.
New 'Prerequisite for Class 8
On page,210-4, a new subsection is i:nserted:
211.b. Class 8 Prerequisites
(1) The community must meet all the Class prerequisites.
'st adapt(2) The-c Ulu
(including machinery or eqtil for all.residential buildiiigs-construrted;
, p
substantially improved, and/or recoi0tructed-,due-io substantial damage throughout its
br _ -SFHAW1iere-'b-;is&f[QQ ions. ave_een determined its
d-,eldvat" h n currently effecffim'
FIRM or in its Flood Insurance-Study-(FIS)- except those are-as-fh
gt'recbive.open space
ci6ditunderActivity 420 (Open_8pace,Preservation)
The Class 8 prerequisite can be met through the enforcement of local ordinances or building
codes, and/or state building codes, provided the freeboard standard applies to all residential
buildings, whether single-family, multisfamily, or manufactured.. This includes the
replacement of manufactured homes in pre-FIRM manufactured home parks.
The ordinance or building code must require that machinery or equipment be elevated to at
least I foot above the base flood elevation for buildings newly constructed, substantially
improved, and/or reconstructed due to substantial damage. This requirement includes,
machinery and equipment placed within attached garages and/or within enclosures below
elevated buildings, with the exception of utility meters and equipment specifically designed
to withstand inundation according to the standards of the International Residential Codes
and the NFIP. The Class 8 freeboard prerequisite will be met provided that attached garages
and enclosures below elevated buildings meet the minimum requirements of the NFIP
(elevated to the base flood elevation or having proper openings).
Communities that enforce an adopted freeboard standard that meets the Class 8 prerequisite
will be provided with fleeboard (element FRB) credit under Activity 430 (Higher
Regulatory Standards). Credit will be evaluated at the next CRS verification visit or next
modification.
Updated Prerequisite,for Class 6.
Under Class 6 Prerequisites on page 210-4i subsection (1) replaced with this:
(1)The community must meet all the Class 8 prerequisites.
Addendum to the 2017 CRS Coordinator's Manual A-11 Edition: 2021