ORD NO 07-1987 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. -1987
AN ORDINANCE ENACTING A FLOOD DAMAGE PREVENTION REGULATORY CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
III SECTION 1: There is hereby adopted by reference a Flood Damage Prevention
Regulatory Code for the City of Van Buren, Arkansas, such flood damage prevention
regulatory code having been designated by the Legislature of the State of Arkansas
and set forth in Arkansas Statutes Annotated, Sections 21 -1901 through 21 -1904.
Three copies of the referenced regulatory code shall be available in the office of
the Van Buren City Clerk for inspection and copying by any person during normal
office hours. The code shall include the following articles:
ARTICLE 1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
ARTICLE 2. DEFINITIONS
ARTICLE 3. GENERAL PROVISIONS
ARTICLE 4. ADMINISTRATION
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION 2. It is hereby found and declared by the Van Buren City Council that
severe flooding has occured in the past within its jurisdiction and will certainly
occur within the future; that flooding 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, 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 18th DAY OF May 19 87
r
MAYOR
III ATTESTED:
6
CITY CLERK- TREASURER
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1
in
60.3(d)
Revised as of October 1, 1986
FLOOD DAMAGE PREVENTION ORDINANCE
OUTLINE
Cross
Ref.
0 NFIP
Pg. Regulations
ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND METHODS 1
SECTION A Statutory Authorization 1
SECTION B Findings of Fact 1
SECTION C Statement of Purpose 1
SECTION D Methods of Reducing Flood Losses 2
ARTICLE 2 DEFINITIONS 3 59.1
ARTICLE 3 GENERAL PROVISIONS 7 60.(d)(1)
SECTION A Lands to Which This Ordinance Applies 7 60.3(d)
SECTION B Basis for Establishing the Areas of Special Flood
Hazard 7 60.3(d)(1)
SECTION C Establishment of Development Permit 7 60.3(d)(1)
SECTION D Compliance 7
SECTION E Abrogation and Greater Restrictions 7
SECTION F Interpretation 7
SECTION G Warning and Disclaimer of Liability 7
ARTICLE 4 ADMINISTRATION 8
SECTION A Designation of the Floodplain Administrator 8 60.3(d)(1)
SECTION B Duties and Responsibilities of the Floodplain
Administrator 8 60.3(d)(1)
SECTION C Permit Procedures 8 60.3(d)(1)
SECTION D Variance Procedures 9 60.6(a)
ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION 11
SECTION A General Standards 11 60.3(d)(1)
SECTION B Specific Standards 11 60.3(d)(1)
1. Residential Construction 11 60.3(d)(1)
2. Nonresidential Construction 11 60.3(d)(1)
3. Enclosures 12 60.3(d)(1)
4. Manufactured Homes 12 60.3(d)(1)
SECTION C Standards for Subdivision Proposals 12 60.3(d)(1)
SECTION D Standards for Areas of Shallow Flooding
(AO /AH Zones) 13 60.3(d)(1)
SECTION E Floodways 13 60.3(d)(1 -3)
Certification 14
7.
60.3(d)
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Arkansas has in Act No. 629 of 1969
(state) (statutes)
delegated the responsibility to local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the city Council
(governing body)
of Van Buren Arkansas does ordain as
(local unit) (state)
follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Van Buren, Arkansas are subject
to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, and extraordinary public expenditures for flood protection
and relief, all of which adversely affect the public helath, safety
and general welfare.
(2) These flood losses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood heights
and velocities, and by the occupancy of flood hazards areas by uses
vulnerable to floods and hazardous to other lands becuase they are
inadequately elevated, floodproofed or otherwise protected from flood
damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of tnis ordinance to promote the public health, safety
and general welfare and to minimize public and private losses due to
flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control
projects;
(3) Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines, streets and
bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound
use and development of flood -prone areas in such a manner as to minimize
future flood blight areas; and
(7) Insure that potential buyers are notified that property is
in a flood area.
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SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following
methods:
(1) Restrict or prohibit uses that are dangerous to health, safety
or property in times of flood, or cause excessive increases in flood
heights or,velocities;
(2) Require that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
(3) Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which are involved in the accommodation
of flood waters;
(4) Control filling, grading, dredging and other development which
may increase flood damage;
(5) Prevent or regulate the constructiuon of flood barriers which
will unnaturally divert flood waters or which may increase flood hazards
to other lands.
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ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted to give them the meaning they have in
common usage and to give this ordinance its most reasonable application.
APPEAL means a request for a review of the Flood Plain Administrator's
interpretation of any provision of this ordinance or a request for
a variance.
AREA OF SHALLOW FLOODING means a designated AO, AH, or VO zone
on a community's Flood Insurance Rate Map (FIRM) with a one percent
chance or greater annual chance of flooding to an average depth of
one to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within
a community subject to a one percent or greater chance of flooding
in any given year. The area may be designated as Zone A on the Flood
Hazard Boundary Map.(FHBM). After detailed ratemaking has been completed
in preparation for publication of the FIRM, Zone A usually is refined
into Zones A, AE, AH, AO, A1-99, VO, V1 -30, VE or V.
BASE FLOOD means the flood having a one percent chance of being
equalled or exceeded in any given year.
CRITICAL FEATURE means an integral and readily identifiable part
of a flood protection system, without which the flood protection provided
by the entire system would be compromised.
DEVELOPMENT means any man -made change in improved and .unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
ELEVATED BUILDING means a nonbasement building (i) built, in the
case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and
D, to have the top of the elevated floor, or in the case of a building
in Zones V1 -30, VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the ground level
by means of pilings, columns (posts and piers), or shear walls parallel
to the floor of the water and (ii) adequately anchored so as not to
impair the structural integrity of the building during a flood of up
to the magnitude of the base flood. In the case of Zones A1-30, AE,
A, A99, A0, AH, B, C, X, D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the the unimpeded movement of flood
waters. In the case of Zones V1 -30, VE, or V, "elevated building"
also includes a building otherwise meeting the definition of "elevated
building even though the lower area is enclosed by means of breakaway
walls if the breakaway walls meet the standards of Section 60.3(e)(5)
of the National Flood Insurance Program regulations.
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A
EXISTING CONSTRUCTION means for the purposes of determining rates,
structures for which the "start of construction" commenced before the
effective date of the FIRM or before January 1, 1975, for FIRMs effective
before that date. "Existing ,construction" may also be referred to
as "existing structures."
9 FLOOD OR FLOODING means a general and temporary condition of partial
or complete inundtion of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters
from any source.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community,
on which the Federal Emergency Management Agency has delineated both
the areas of special flood hazards and the risk premium zones applicable
to the community.
FLOOD INSURANCE STUDY is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, water
surface elevation of the base flood, as well as the Flood
Boundary Floodway Map.
FLOODPLAIN OR FLOOD -PRONE AREA means any land area susceptible to
being inundated by water from any source (see definition of flooding).
FLOOD PROTECTION SYSTEM means those physical structural works for
which funds have been authorized, appropriated, and expended and which
have been constructed specifically to modify flooding in order to reduce
the extent of the areas within a community subject to a "special flood
hazard" and the extent of the depths of associated flooding. Such
as system typically includes hurricane tidal barriers, dams, reservoirs,
levees or dikes. These specialized flood modifying works are those
constructed in conformance with sound engineering standards.
FLOODWAY (REGULATORY FLOODWAY) means the channel of a river or
other watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE means a use which cannot perform
its intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, but does
not include lona -term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE means the highest natural elevation of
the ground surface prior to construction next to the proposed walls
of a structure.
LEVEE means a man -made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices
to contain, control, or divert the flow of water so as to provide
protection from temporary flooding.
LEVEE SYSTEM means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and drainage
devices, which are constructed and operated in accordance with sound
engineering practices.
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LOWEST FLOOR means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking or vehicles, building access or storage in
an area other than a basement area is not considered a building's lowest
floor; provided that such enclosure is not built so as to render the
structure in violation of the applicable non elevation design requirement
of Section 60.3 of the National Flood Insurance Program regulations.
'MANUFACTURED HOME 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 connected to the
required utilities. For flood plain management purposes the term
"manufactured home" also includes park trailers, travel trailers, and
other similar vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes the term "manufactured home" does not
include park trailers, travel trailers, and other similar vehicles.
MEAN SEA LEVEL means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map are referenced.
NEW CONSTRUCTUON means, for flood plain management purposes, structures
for which the "start of construction" commenced on or after the effective
date of a flood plain management regulation adopted by a community.
START OF CONSTRUCTION (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97- 348)),
includes substanital improvement and means the date the building permit
was issued, provided the actual start of construction, repair,
reconstruction, 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.
STRUCTURE means a walled and roofed building, including a gas or
liquid storage tank, that is principally above ground, as well as a
manufactured home.
SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure either, (1) before the improvement
or repair is started, or (2) if the structure has been damaged and
is being restored, before the damage occurred. For the purpose of
this definition "substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include either (1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety coae
specifications which are solely necessary to assure safe living
conditions, or (2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic Places.
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VARIANCE is a grant of relief to a person from the requirements of
this ordinance when specific enforcement would result in unnecessary
nardship. A variance, therefore, permits construction or development
in a manner otherwise prohibited by this ordinance. (For full
requirements see Section 60.6 of the National Flood Insurance Program
regulations.)
VIOLATION means the failure of a structure or other development to
be fully compliant with the community's flood plain management
regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance
required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that
documentation is provided.
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 flood plains
of coastal or riverine areas.
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ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard with
the ,Jurisdiction of Van Buren, Arkansas
(local unit)
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled,
"The Flood Insurance Study for Van Buren, Arkansas dated
August 4, 1987 with accompanying Flood Insurance Rate Maps and
Flood Boundary Floodway Maps (FIRM and FBFM) and any revisions thereto
are hereby adopted by reference and declared to be a part of this
ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the
provisions of this., ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its
use changed without full compliance with the terms of this ordinance
and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where
this ordinance and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions
shall be; (1) considered as minimum requirements; (2) liberally construed
in favor of the governing body; and (3) deemed neither to limit nor
repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and
will occur and flood heights may be increased by man -made or natural
causes,. This ordinance does not imply that land outside the areas
of special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This ordinance shall not create
liability on the part of the community or any official or employee
thereof for any flood damages that result from reliance on this ordinance
or any administrative decision lawfully made thereunder.
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ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Building insâ˘aoror is hereby appointed the Floodplain
Administrator to administer and implement the provisions of this
ordinance and other appropriate sections of 44 CFR (National Flood
Insurance Program Regulations) pertaining to flood plain management.
SECTION B. DUTIES RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to, the following:
(1) Maintain and hold open for public inspection all records
pertaining to the provisions of this ordinance.
(2) Review permit application to determine whether proposed buiding
site will be reasonable safe from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this ordinance.
(4) Review permits for proposed development to assure that all
necessary permits have been obtained from those Federal, State or local
governmental agencies (including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which
prior approval is required.
(5) Where interpretation is needed as to the exact location of
the boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary and
actual field conditions) the Floodplain Administrator shall make the
necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the
State Coordinating Agency which 1S Ark. S/W Conservation Commission
prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered
or relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in
accordance with Article 3, Section B, the Floodplain Administrator
shall obtain, review and reasonably utilize any base flood elevation
data and floodway data available from a Federal, State or other source,
in order to administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated, the
Floodplain Administrator must require that no new construction,
substantial improvements, or other development (including fill) shall
be permitted within Zones A1-30 and AE on the community's FIRM, unless
it is demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base
flood more than one foot at any point within the community.
SECTION C. PERMIT PROCEDURES
(1) Application for a 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, and the location of the foregoing
in relation to areas of special flood hazard. Additionally, the
following information is required:
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a. Elevation (in relation to mean sea level), of the lowest floor
(including basement) of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any
nonresidential structure shall be floodproofed;
c. A certificate from a registered professional engineer or
architect that the nonresidential floodproofed structure shall meet
the floodproofing criteria of Article 5, Section B(2);
d. Description of the extent to which any watercourse or natural
drainage will be altered or relocataed as a result of proposed
development.
e. Maintain a record of all such information in accordance with
Article 4, Section (B)(1).
(2) Approval or denial of a Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this ordinance
and the following relevant factors:
a. The danger to life and property due to flooding or erosion
damage;
b. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to
the injury of others;
d. The compatibility of the proposed use with existing and
anticipated development;
e. The safety of access to the property in times of flood for
ordinary and emergency vehicles;
f. The costs of providing governmental services during and after
flood conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical
and water systems;
g. The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters and the effects of wave action,
if applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where
applicable;
i. The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan
for that area.
SECTION D. VARIANCE PROCEDURES
(1) The Appeal Board as established by the community shall hear and
render judgement on requests for variances from the requirements of
this ordinance.
(2) The Appeal Board shall hear and render judgement on an appeal
only when it is alleged there is an error in any requirement, decision,
or determination made by the Floodplain Administrator in the enforcement
or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal
Board may appeal such decision in the courts of competant jurisdiction.
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(4) The Floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(5) Variances may De issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this ordinance.
(6) Variances may be issued for new construction and substantial
improvements to be erected on a lot of one -half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing the relevant factors in Section
C(2) of this Article have been fully considered. As the lot size
increases beyond the one -half acre, the technical justification required
for issuing the variance increases.
(7) Upon consideration of the factors noted above 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 (Article 1, Section C).
(8) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
(9) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
b. Variances shall only be issued upon, (i) showing a good and
sufficient cause; (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
c. Any application to whom a variance is granted shall be given
written notice that the structure will be permitted to be built with
the lowest floor elevation below the base flood elevation, and that
the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
(10) Variances may be issued by a. community for new construction and
substantial imrovements and for other development necessary for the
conduct of a functionally dependent use provided that (i) the criteria
outlined in Article 4, Section D(1) -(9) are met, and (ii) the structure
or other development is protected by methods that minimize flood damages
during the base flood and create no additonal threats to public safety.
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ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
0 In all areas of special flood hazards the following provisions are
required for all new construction and substantial improvements;
(1) All new construction or substantial improvements shall be
designed (or modified) and adequately anchored to prevent flotation,
collapse or lateral movement of the structure resulting from 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 new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
and /or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(5) All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the system
and discharge from the systems into flood waters; and,
(7) On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data
has been provided as set forth in (i) Article 3, Section B, (ii) Article
4, Section B(8), or (iii) Article 5, Section C(4), the following
provisions are required:
(1) Residential Construction new construction and substantial
improvement of any residential structure shall have the lowest floor
(including basement), elevated tol ft.above the base flood elevation.
A registered professional engineer, architect, or land surveyor shall
submit a certification to the Floodplain Administrator that the standard
of this subsection as proposed in Article 4, Section C(1)a., is
satisfied.
(2) Nonresidential Contruction new construction and substantial
improvements of any commerical, industrial or other nonresidential
structure shall either have the lowest floor (including basement)
elevated to or above the base flood level or, together with attendent
utility and sanitary facilities, be designed so that below the base
flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. A registered professional engineer or architect
shall develop and /or review structural design, specifications, and
plans for the construction, and shall certify 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.
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(3) Enclosures new construction and substantial improvements,
with fully enclosed areas below the lowest floor that are subject to
flooding 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 having a total net area of not
less than one 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 one 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.
(4) Manufactured Homes
a. Require that all manufactured homes to be placed within
Zone A, shall be installed using. methods and practices which minimize
flood damage. For the purpose 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.
b. All manufactured homes shall be in compliance with Article
5, Section B (1).
c. Require that all manufactured homes to be placed or
substantially improved within Zones A1-30, AH and AE on the community's
FIRM be elevated on a permanent foundation such that the lowest floor
of the manufactured home is at or above the base flood elevation; and
be securely anchored to an adequately anchored foundation system in
accordance with the provision of Section B(4) of this Article.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including manufactured home parks
and subdivisions shall be consistent with Article 1, Sections B, C,
and D of this ordinance.
(2) All proposals for the development of subdivisions including
manufactured home parks and subdivisions shall meet Development Permit
requirements of Article 3, Section C; Article 4, Section C; and the
provisions or Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision
proposals and other proposed development including manufactured home
parks' and subdivisions which is greater than 50 lots or 5 acres,
whichever is lesser, if not otherwise provided pursuant to Article
3, Section 8 or Article 4, Section B (8) of this ordinance.
(4) All subdivision proposals including manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure
to flood hazards.
(5) All subdivision proposals including manufactured home parks
and subdivisions shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize or eliminate flood damage.
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SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO /AH ZONES)
Located within the areas of special flood hazard established in Article
3, Section B, are areas designated as shallow flooding. These areas
have special flood hazards associated with base flood depths of 1 to
3 feet where a clearly defined channel does not exist and where the
path of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow; therefore,
the following provisions apply;
(1) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated above
the highest adjacent grade at least as high as the depth number specified
in feet on the community's FIRM (at least two feet if no depth number
is specified).
(2) All new construction and substantial improvements of
nonresidential structures;
(i) have the lowest floor (including basement) elevated above
the highest adjacent grade at least as high as the depth number specified
in feet on the community's FIRM (at least two feet if no depth number
is specified), or;
(ii) together with attendant utility and sanitary facilities
be designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit
a certification to the Floodplain Administrator that the standards
of this Section, as proposed in Article 4, Section C (1)a., are
satisfied.
(4) Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from proposed
structures.
SECTION E. FLOODWAYS
Floodways located within areas of special flood hazard established
in Article 3, Section B, are areas designated as floodways. Since
the floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles and erosion
potential, the following provisions shall apply;
(1) Encroachments are prohibited, including fill, new construction,
substantial improvements and other development unless certification
by a professional registered engineer or architect is provided
demonstrating that encroachments shall not result in any increase in
flood levels within the community during the occurrence of the base
flood discharge.
(2) If Article 5, Section E (1) above is satisfied, all new
construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Article 5.
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0
CERTIFICATION
4
It is hereby found and declared by The Van Buren City Council that
(local unit)
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.
APPROVED:
(local official) Mayor
PASSED: /1f /9R;7
if (date)
CERTIFICATE
I, the undersigned, Ann Graham do hereby certify
that the above is a true and correct copy of an ordinance duly adopted
by the Van Buren City Council at a regular meeting duly convened
(local unit)
on /X /%X7
(date)'
(N:fdeetaW or responsible person)
City Clerk /Treasurer
0
(SEA)
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