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ORD NO 23-19738 CITY OF VAIN BUREH, ARKANSAS ORDINANCE H023 1973 AN ORDINANCE AMENDING The Building Code Ordinance passed the 2th day of September, 1959 as amended by Ordinance 11 -1965, Ordinance 0 -1966, and Ordinance 15 -1969 which adopted the 1967 Edition of National Building Code to provide for the adoption and enforcement of Land Use Measures which will help prevent and alleviate flood haz- ards and losses in Flood Plain areas of the City and for other purposes. BE IT ORDAINED BY THE CITY COU'iCIL OF THE CITY OF VAN BUREN, ARKANSAS: Section 1: The Building Code of the City of Van Buren as adopted by Ordinance No. 15 -1969 is hereby amended by adding a new chapter which hereafter shall be known and referred to as Article XXVII Construction in Flood Plain: Section 2: Article XXVII of the Building Code of the City of Van Buren as adopted by Section 1 of this Ordinance, shall read as follows: CONSTRUCTION IN FLOOD PLAIN 2701 GENERAL. It is hereby found and declared that there are certain areas in the City of Van Buren which have suffered from and are threatened by floods and hazards incident to flooding; that flooding in these areas is a potential cause of destruction of life and property, contributes to the spread of disaster- related diseases, and constitutes a hindrance to the economic development of these areas and endangers the health, safety and welfare of the residents of this City. 2702 INTENT. Whereas insurance with Federal reinsurance or other Federal assistance is available to those cities having adopted adequate land use and control measures consistent with Federal criteria it shall be the intent of the City of Van Buren to adopt appropriate measures to prevent and lessen these flood hazards and losses to the maximum extent feasible and to discourage the development of land by improvements which are exposed to flood damage, guide the development of proposed construction away from locations thus threatened, assist in reducing damage caused by flood and otherwise improve long -range land management in, and use of, areas lying within the flood plain. 2703 SCOPE. These regulations shall apply to all existing and proposed construction and all filling and excavation operations lying within and below the projected 100 -year frequency flood plain elevation. 2704 DETERIMUATION OF FLOOD ELEVATIONS. All flood elevations referred to herein shall be based on the hydrographical information made available by the United States Corp of Engineers at the time of consideration of any development within the flood plain. 2705 NEW CONNSTRUCTION AHD ADDITIONS. New construction or additions for residential and non residential structures (including prefabricated and mobile homes) within the area of special flood hazards shall: (a) Have the lowest floor (including basement) elevated to or above the level of the 100 -year flood, or (b) Be protected against flood damage, (c) Be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, (d) Use construction materials and utility equipment that are resistant to flood damage, (e) Use construction methods and practices that will minimize flood damage. 1 e EXCEPTION: Non- residential structures together with attendant utility and sanitary facilities may be flood proofed up to the level of the 100 -year flood in lieu of compliance with requirement 2!76)3 (a). 2706. REPAIRS OR ALTERATIONS. Repairs or alteration, as defined in Article II, Section 200 to residential and non residential structures within the area of special floor hazards shall: (a) Use construction to flood damage; (b) Use construction damage. materials and utility equipment that are resistant methods and practices that will minimize flood 2707 WATER SUPPLY SYSTEMS AND SANITARY SEWAGE SYSTEMS. New or replacement water supply systems and /or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require onsite waste disposal systems to he located so as to avoid impairment of them or contamination from them during flooding. 2703 SUBDIVISIONS AND OTHER PROPOSED NEW DEVELOPMENTS. All subdivision proposals and other proposed new developments shall be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage; (h) All public utilities and facilities such as sewer, gas, electrical, and water systems are located elevated and constructed to minimize or eliminate flood damage; (c) Adequate drainage is provided so as to reduce exposure to flood hazards. (d) All subdivision plat approvals shall be consistent with the pro- visions of• SECTION as, forth herein. 2709 RIVERINE WATERCOURSE. In riverine situations, until a floodway has been designed, no use, including landfill or excavation, may be permitted within the flood plain area having special flood hazards unless the applicant for the land use has demonstrated that the pronosed use, when combined with all other existing and anticipated uses, will not increase the water surface elevation of the 100 -year flood more than one foot at any point. 2710 NEIGHBORING FLOOD PLAIN MANAGEMENT PROGRAMS. Consideration of app- lications for building, repair, or use permits shall take into account flood plain management programs, if any, already in effect in neighboring areas. 2711 PRECEDENCE OF FLOOD PLAIN REGULATIONS. Within the flood plain area having special flood hazards, the laws and ordinances concerning land use and control and other measures designed to reduce flood losses shall take precedence over any conflicting law, ordinance, or codes. SECTION 3. Effective Date. This ordinance shall be in full force and effect thirty (30) days from and after the passage and publication of this ordinance in accordance with law; and no ordinance or :resolutions shall be deemed revealed hereby except to the extent of any conflict herewith, except that Section 13 of the Building Code passed September 2, 1959 is repealed in its entirety so as to remove any of the exception to the National Building Code. 1 Section 4: PENALTIES. The penalty for violation of any provision of this ordinance shall be as established in the Building Code Ordinance. ATTEST: Passed and approved this 19th day of Uovenber, 1973.