ORD NO 20-1977 City Of Van Buren, Arkansas
Ordinance No. 2,0- 1 7 I 7
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
(state)
in Art NO. 629 of 1969 delegated the responsibility to local
(statutes)
governmental units to adopt regulations designed to minimize flood
losses. Therefore, the City Council of
(governing body)
Van R,,rnn Arkansas does ordain as
(lo unit) (state)
follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Van Buren, Arkansas
(local unit)
are subject to periodic inundation which results in loss of
life and property, health and safety hazards, disruption
of commerce and governmental services, and extraordinary
public expenditures for flood protection and relief, all of
which adversely affect the public health, safety and general
welfare.
(2) These flood losses are created by the cumulative effect
of obstructions in flood plains which cause an increase in
flood heights and velocities, and by the occupancy of flood
hazard areas by uses vulnerable to floods and hazardous to
other lands because they are inadequately elevated, flood-
proofed, or otherwise protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health,
safety and general welfare and to minimize public and private
losses due to flood conditions in specific areas by provisions
designed to:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly
flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
(4) Tv minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and
sewer lines, streets and bridges located in flood plains;
(6) To help maintain a stable tax base by providing for the
sound use and development of flood -prone areas in such a
manner as to minimize future flood blight areas; and,
(7) To insure the potential buyers are notified that property
is in a flood area.
1D
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 flood plains, stream
channels, and natural protective barriers, which are
involved in the accomodation of flood waters;
(4) Control filling, grading, dredging and other
development which may increase flood damage;
(5) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards to other lands.
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 applica-
tion.
Appeal- -means a request for a review of the Building Inspector or
(local
his department 's interpretation of any provisions of this
administrator)
ordinance or a request for a variance.
Area Of Shallow Flooding- -means a designated AO Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to
three feet. This condition occurs where a clearly defined channel
does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
Area Of Special Flood Hazard -is the land in the flood plain within
a community subject to a one percent or greater chance of flooding
in any given year.
Base Flood- -means the flood having a one percent chance of being
equalled or exceeded in any given year.
s
20'
Development- -means any man -made change to improved or
unimproved real estate, including but not limited to,
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
Existing Mobile Home Park Or Mobile Home Subdivision- -means
a parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which
the mobile home is to be affixed (including, at a minimum,
the installation of utilities, either final site grading
or the pouring of concrete pads, and the construction of
streets) is completed before the effective date of this
ordinance.
Expansion To An Existing Mobile Home Park Or Mobile Home
Subdivision- -means the preparation of additional sites by
the construction of facilities for servicing the lots on
which the mobile homes are to be affixed (including the
installation of utilities, either final site grading or
the pouring of concrete pads, or the construction of streets).
Flood Or Flooding -means a general and temporary condition
of partial or complete inundation 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 Hazard Boundary Map (FHBM)- -means an official map of a
community, issued by the Federal Insurance Administration,
where the areas within the boundaries of special flood
hazards have been designated as Zone A.
Flood Insurance Rate Map (FIRM)- -means an official map of a
community, on which the Federal Insurance Administration
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 Insurance Administration. The report contains
flood profiles, the water surface elevation of the base
flood, as well as the Flood Hazard Boundary Floodway Map.
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 one foot.
Habitable FZoor- -means any floor usable for living purposes,
which includes working, sleeping, eating, cooking or
recreation, or a combination thereof. A floor used for
storage purposes only is not a "habitable floor
Mean Sea Level- -means the average height of the sea for all
stages of the tide.
Mobile Home -means a structure, transportable in one or
more sections, which is built on a permanent chassis and
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designed to be used with or without a permanent foundation
when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
New Mobile Home Park Or Mobile Home Subdivision -means a
er parcel (or contiguous parcels) of land divided into two or
more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which
the mobile home is to be affixed (including, at a minimum,
the installation of utilities, either final site grading or
the pouring of concrete pads, and the construction of
streets) is completed on or after the effective date of this
ordinance.
Start Of Construction- -means the first placement of permanent
construction of a structure (other than a mobile home) on a
site, such as the pouring of slabs or footings or any work
beyond the stage of excavation. 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 a 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 as part of the main structure. For a
structure (other than a mobile home) without a basement or
poured footings, the "start of construction" includes the
first permanent framing or assembly of the structure or any
part thereof on its piling or foundation. For mobile homes
not within a mobile home park or mobile home subdivision,
"start of construction" means the affixing of the mobile home
to its permanent site. For mobile homes within mobile home
parks or mobile home subdivisions, "start of construction"
is the date on which the construction of facilities for
servicing the site on which the mobile home is to be affixed
(including, at a minimum, the construction of streets,
either final site grading or the pouring of concrete pads,
and installation of utilities) is completed.
Structure- -means a walled and roofed building that is
principally above ground, as well as a mobile home.
Substantial Improvement -means any repair, reconstruction,
or improvement of a structure, the cost of which equals
or exceeds 50 percent 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 purposes of this
definition "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or
other structural part of the building 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 code
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.
4D
Variance -is a grant of relief to a person from the requirements
of this ordinance when specific enforcement would result in
unnecessary hardship. A variance, therefore, permits
construction or development in a manner otherwise prohibited by
this ordinance.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard
within 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
Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study for the Van Reran
(local
Arkansas dated November, 1477 with accompanying Flood
unit)
Insurance Rate Maps and Flood Hazard Boundary Floodway Maps
and any revision 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 constructed in favor of the governing body; and
(3) deemed neither to limit nor repeal any other powers
granted under State statutes.
5D
SECTION G. WARNING AND DISCLAIMER OF 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 cuases. 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 Van Buren, Arkansas or any
(local unit)
officer or employee thereoff for any flood damages that result
from reliance on this ordinance or any administrative decision
lawfully made thereunder.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF Building Tpe nrrnr nr hies rPpartment
(local Adninistrator)
The Building Tncpnrrnr or hi depais hereby appointed to
(local administrator)
administer and implement the provisions of this ordinance.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE Building Inspector or his
(local
J)P.partmpnr
administrator)
Duties and responsibilities of the Building Inspector or his Department
(local administrator)
shall include, but not be limited to:
(1) Maintain and hold open for public inspection all
records pertaining to the provisions of this ordinance;
(2) Review, approve or deny all application for
development permits required by Article 3, Section C
of this ordinance;
(3) Review permits for proposed development to assure
that all necessary permits have been obtained from those
Federal, State or local governmental agencies from
which prior approval is required;
(4) 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 Building Inspector or his deptshall
(local administrator)
make the necessary interpretation. The person
contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation
as provided in Section D (2) of this Article.
6D
(5) Notify adjacent communities and the Arkansas Soil and Water Conservation
(state
Copmission prior to any alteration or
coordinating agency)
relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration;
(6) Assure that maintenance is provided within the
altered or relocated portion of said watercourse so that
the flood carrying cpaacity is not diminished.
(7) When base flood elevation data has not been
provided in accordance with Article 3, Section B, the
Building Inspertor or his Dent. shall obtain, review, and
(local administrator)
reasonably utilize any base flood elevation data
available from a Federal, State, or other source, in
order to administer the provision of Article 5.
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be department
presented to the Building Inspector or his/ on Corms
(lcoal administrator)
furnished by him and may include, but not be limited
to, plans in duplicate drawn to scale showing the
locations, 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:
a. Elevation in relation to mean sea level, of the
lowest floor (including basement) of all proposed
structures;
b. Elevation in relation to mean sea level to which
any non residential structure shall be floodproofed;
c. A certificate from a registered professional
engineer or architect that the non residential
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 relocated as a
result of proposed development.
(2) Approval or denial of a Development Permit by thel building- inspector
or a dcpa tRe ^t shall be based on all of
ocal administrator)
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;
7D
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. VARIANCES PROCEDURES
(1) The City Council as established by
(appeal board)
Van Buren, Arkansasshall hear and render judgement on
(local unit)
requests for variances from the requirements of this
ordinance.
(2) The City Council shall hear and render
(appeal board)
judgement on an appeal only when it is alleged there is
an error in any requirement, decision, or determination department
made by the Building Inspector or his/- in the
(local administrator)
enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of
the City Council may appeal such decisions in
(appeal board)
the courts of competent jurisdiction.
department
(4) The
Rnildin Tnspertnr or his/ s hall maintain
(local administrator)
a record of all actions involving an appeal and shall
report variances to the Federal Insurance Administration
upon request.
(5) Variances may be issued for the reconstruction,
8D
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 section.
(6) Generally, 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 cit r
(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, Sections C and D).
(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) a showing
of 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 applicant to whom a variance is granted shall
be given written notice that the structure will be
permitted to be built with a lowest floor elevation no more than
12 feet 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.
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following
provisions are required:
9D
(1) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure;
(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 and utility equipment
resistant to flood damage;
(4) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system;
(5) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system and discharges from the
systems into flood waters; and,
(6) 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, (7), or (iii)
Article 5, Section D, (3) the following provisions are required:
(1) Residential Construction New Construction or
substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated
to or above the base flood elevation. A registered
professional engineer, architect, or land surveyor shall
submit a certification to the Building I or hic department
(loco ami istrator)
that the standard of this subsection, as proposed in
Article 4, Section C (1) (a), is satisfied.
(2) Non residential Construction New Construction or
substantial improvement of any commercial, industrial
or other non residential structure shall either have
the lowest floor, including basement, elevated to the
level of the base flood elevation or, together with
attendent utility and sanitary facilities, be floodproofed
so that below the base flood level the structure is
water tight 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 submit a certification to the
Building inspector or his department that the standards of this
(local administrator)
subsection as proposed in Article 4, Section C (1) (c),
are satisfied.
10D
(3) Mobile Homes
a. No mobile home shall be placed in a floodway, or
if applicable, a coastal high hazard area, except in an
existing mobile home park or existing mobile home
subdivision.
b. All mobile homes shall be anchored to resist
flotation, collaps, or lateral movement. Specific
requirements shall be:
(i) over the -top ties at each of the four corners
of the mobile home, with two additional ties per
side at intermediate locations and mobile homes
less than 50 feet long requiring one additional
tie per side;.
(ii) frame ties at each corner of the home with
five additional ties per side at intermediate
points and mobile homes less than 50 feet long
requiring four additional ties per side;
(iii) all components of the anchoring system be
capable of carrying a force of 4,800 pounds;
(iv) any additions to the mobile home be similarly
anchored.
c. For new mobile home parks and subdivisions; for
expansions to existing mobile home parks and sub-
divisions; for existing mobile home parks and sub-
divisions where the repair, reconstruction or
improvement of the streets, utilities and pads
equals or exceeds 50 percent of value of the streets,
utilities and pads before the repair, reconstruction
or improvement has commenced; and for mobile homes
not placed in a mobile home park or subdivision
require:
(i) stands or lots are elevated on compacted fill
or on pilings so that the lowest floor of the mobile
home will be at or above the base flood level. A
registered professional engineer, architect, or land
surveyor shall submit a certification to the
building inspector or his department that the standard of this
(local administrator)
paragraph complies with Section B(1) of this Article.
(ii) adequate surface drainage and access for a
hauler are provided; and,
(iii) in the instance of elevation on pilings:
(1) lots are large enough to permit steps, (2)
piling foundations are placed in stable soil no
more than ten feet apart, and (3) reinforcement is
provided for pilings more than six feet above the
ground level.
(4) Floodways located within areas of special flood
1ID
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:
a. Encroachments are prohibited, including fill,
new construction, substantial improvements and
other developments unless certification by a professional
registered engineer or architect is provided demonstrating
that encroachments shall not result in any increase in
flood levels during occurence of the base flood
discharge.
b. If Article 5, Section B (4) (a) above is
satisfied, all new construction and substantial
improvements shall comply with all applicable flood
hazard reduction provisions of Article 5.
c. Prohibit the placement of any mobile homes,
except in an existing mobile home park or subdivision.
SECTION C. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO 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 indeterminate; therefore, the following provisions apply:
(1) All new construction and substantial improvements
of residential structures shall have the lowest floor,
including basement, elevated above the crown of the
nearest street to or above the depth number specified on
the community's FIRM.
(2) All new construction and substantial improvements of
nonresidential structures shall:
(i) Have the lowest floor, including basement,
elevated above the crown of the nearest street or
above the depth number specified on the FIRM, or;
(ii) Together with attendant utility and sanitary
facilities be completely floodproofed to or above
that level so that any space below that level 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.
(3) A registered professional engineer or architect shall isdepartment
submit a certification to the Building Inspector or /?t ah t
(local administrator)
the standards of this Section, as proposed in Article 4,
Section C (1) (a), are satisfied.
12D
SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent
with Article 1, Sections B, C and D of this ordinance.
(2) All proposals for the development of
subdivisions shall meet Development Permit requirements
of Article 3, Section C, Article 4, Section C, and the
provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be provided for
subdivision proposals and other proposed development
which is greater than the lesser of 50 lots or 5
acres, if not otherwise provided pursuant to Article 3,
Section B or Article 4, Section B(7) of this ordinance.
(4) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals shall have public
utilities and facilities such as sewer, gas,
electrical and water systems located and constructed
to minimize flood damage.
SECTION E. This ordinance being immediately necessary to alow
our people to obtain federal Flood Control Insurance and necessary
in providing for the immediate preservation of the Public Peace,
Health and Safety, an emergeny is declared to exist and this
Ordinance shall be, take effect and be in force after its passage
and publication.
PASSED AND APPROVED this 10th day of October, 1977.
/la i
Mayor
ATTEST:
mil4_
City Clerk
13D
MASTER
FLOOD FLOOD HAZARD PREVENTION ORDINANCE
OUTLINE
ARTICLE I STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE
AND OBJECTIVES 1D
Section A Statutory Authorization 10
Section B Findings Of Fact 1D
Section C Methods of Reducing Flood Losses 1D
Section D Statement of Purpose 2D
ARTICLE 2 DEFINITIONS 2D
ARTICLE 3 GENERAL PROVISIONS 5D
Section A Lands To Which This Ordinance Applies 5D
Section B Basis For Establishing The Areas Of Special Flood
Hazard 5D
Section C Establishment Of Development Permit 5D
Section D Compliance 5D
Section E Abrogation And Greater Restrictions 5D
Section F Interpretation 5D
Section G Warning And Disclaimer Of Liability 6D
ARTICLE 4 ADMINISTRATION 6D
Section A Designation Of Local Administrator 6D
Section B Duties And Responsibilities 6D
Section C Permit Procedures 7D
Section D Variances Procedures 8D
ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION 9D
Section A General Standards 9D
Section B Specific Standards 10D
1. Residential Construction 10D
2. Non residential Construction 100
3. Mobile Homes 11D
4. Floodways 110
Section C Standards For Areas Of Shallow Flooding 12D
Section D Standards For Subdivision Proposals 130