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HomeMy WebLinkAbout21069 1 ORDINANCE NO. 21,069 2 3 AN ORDINANCE TO REPEAL ORDINANCE NO. 18,556,AND ENACT IN 4 LIEU THEREOF A NEW ORDINANCE ENTITLED "AN ORDINANCE 5 PROVIDING FOR THE ESTABLISHMENT OF A FLOOD DAMAGE 6 PREVENTION PROGRAM FOR THE CITY OF LITTLE ROCK, 7 ARKANSAS"; TO DECLARE AN EMERGENCY; AND FOR OTHER 8 PURPOSES. 9 10 WHEREAS, the Federal Emergency Management Agency (FEMA) has identified Special Flood 11 Hazard Areas of the City of Little Rock in the current scientific and engineering report entitled"The Flood 12 Insurance Study (FIS) for Pulaski County, Arkansas and incorporated areas," dated July 6, 2015, with an 13 effective Flood Insurance Rate Map(FIRM)dated July 6, 2015. 14 WHEREAS, these Special Flood Hazard Areas are subject to periodic flooding events that result in 15 loss of life and property,pose health and safety hazards,disrupt commerce and governmental services, and 16 cause extraordinary public expenditures for flood protection and relief, all of which adversely affect the 17 public health, safety and general welfare. 18 WHEREAS, these periodic flooding events are exacerbated by the cumulative effect of floodplain 19 developments which cause an increase in flood heights and velocities,and by the placement of inadequately 20 elevated, inadequately floodproofed or otherwise unprotected structures or uses vulnerable to floods into 21 Special Flood Hazard Areas. Such structures or uses are inherently hazardous to other lands because of 22 their adverse impact on flooding events. 23 WHEREAS,severe flooding has occurred in the past within City's jurisdiction and will certainly occur 24 within the future; that flooding is likely to result in infliction of serious personal injury or death, and is 25 likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively 26 comply with minimum standards for coverage under the National Flood Insurance Program, and in order 27 to effectively remedy the situation described herein, it is necessary that this ordinance become effective 28 immediately. 29 WHEREAS, an emergency is hereby declared to exist, and this ordinance, being necessary for the 30 immediate preservation of the public peace,health and safety,shall be in full force and effect from and after 31 its passage and approval. 32 NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 33 OF LITTLE ROCK,ARKANSAS: [Page 1 of 29] 1 Section 1. Ordinance No. 18,556 is hereby repealed and the following provisions are hereby 2 enacted: 3 Sec. 13-51.-Statutory authorization,findings of fact, purpose and methods. 4 (a) Statutory Authorization. The Legislature of the State of Arkansas has in Ark. Code Ann. § 14- 5 268-101 et seq., delegated the responsibility of local governmental units to adopt regulations 6 to minimize flood losses. Therefore,the City of Little Rock, Arkansas, does hereby ordain as 7 follows: 8 (b) Findings of Fact. 9 (1) The Federal Emergency Management Agency (FEMA) has identified Special Flood 10 Hazard Areas of the City of Little Rock in the current scientific and engineering report 11 entitled "The Flood Insurance Study (FIS) for Pulaski County, Arkansas and 12 incorporated areas," dated July 6, 2015, with an effective Flood Insurance Rate Map 13 (FIRM)dated July 6, 2015. 14 (2) These Special Flood Hazard Areas are subject to periodic flooding events that result in 15 loss of life and property, pose health and safety hazards, disrupt commerce and 16 governmental services, and cause extraordinary public expenditures for flood 17 protection and relief,all of which adversely affect the public health, safety and general 18 welfare. 19 (3) These periodic flooding events are exacerbated by the cumulative effect of floodplain 20 developments which cause an increase in flood heights and velocities, and by the 21 placement of inadequately elevated, inadequately floodproofed or otherwise 22 unprotected structures or uses vulnerable to floods into Special Flood Hazard Areas. 23 Such structures or uses are inherently hazardous to other lands because of their adverse 24 impact on flooding events. 25 (c) Statement of Purpose. The purpose of this ordinance is to promote the public health, safety 26 and general welfare, to prevent adverse impacts from any floodplain development activities, 27 and to minimize public and private losses due to flooding events in identified Special Flood 28 Hazard Areas. This ordinance advances the stated purpose through provisions designed to: 29 (1) Protect natural floodplains against unwise development 30 (2) Eliminate adverse impacts of necessary floodplain development 31 (3) Minimize expenditure of public money for costly flood control projects; 32 (4) Minimize the need for rescue and relief efforts associated with flooding and generally 33 undertaken at the expense of the general public; 34 (5) Minimize prolonged business interruptions due to flood events; 1Page 2 of 291 1 (6) Minimize damage to public facilities and utilities such as water and gas mains,electric, 2 telephone and sewer lines, streets and bridges located in Special Flood Hazard Areas 3 floodplains; 4 (7) Minimize future flood blight areas to help maintain a stable tax base; and 5 (8) Provide for notice to potential buyers when property is in a Special Flood Hazard Area. 6 (d) Lands to which this Ordinance Applies. The ordinance shall apply to all Special Flood Hazard 7 Areas within the jurisdiction of the City of Little Rock 8 (e) Methods of Reducing Flood Losses. This ordinance uses the following methods to accomplish 9 the stated purpose: 10 (1) This ordinance restricts or prohibits structures or uses in Special Flood Hazard Areas 11 that adversely impact health, safety or property during flooding events; 12 (2) This ordinance requires protection against flood damage for structures or uses 13 vulnerable to floods at the time of initial construction,or after substantial improvement 14 of the structure, or after substantial damage has occurred; 15 (3) This ordinance controls the alteration of natural floodplains, stream channels and 16 natural protective barriers which are involved in the accommodation and transport of 17 flood waters; 18 (4) This ordinance controls floodplain development(structural development,placement of 19 manufactured structures, clearing, grading, mining, drilling, dredging, placement of 20 fill, excavating, watercourse alteration, drainage improvements, roadway or bridge 21 construction, individual water or sewer installations and other activities) which may 22 increase flood damage by increasing flood elevations, flood water velocities, or flood 23 discharge patterns; 24 (5) This ordinance regulates the construction of flood barriers which unnaturally divert 25 floodwaters or which may adversely impact other lands. 26 (Ord.No. 18,556, § 1(Art. 1), 9-4-01; Ord.No. 18,603, 12-4-01) 27 FLOOD DAMAGE PREVENTION CODE ADOPTED BY REFERENCE. 28 There is hereby adopted by reference a "Flood Damage Prevention Code for the City of Little Rock, 29 Arkansas,"dated July 6,2015. The code shall include: 30 ARTICLE 1 DEFINITIONS 31 ARTICLE 2 ADMINISTRATION 32 ARTICLE 3 PROVISIONS FOR FLOOD HAZARD REDUCTION 33 A copy of the referenced code shall be filed in the office of the office of Pulaski County Circuit Clerk and 34 shall be available for inspection and copying by any person during normal office hours. [Page 3 of 29[ 1 (f) Abrogation and Greater Restrictions. This ordinance does not repeal, abrogate, or impair any 2 existing easements, covenants, or deed restrictions. Whenever there is a conflict or overlap 3 between this ordinance and another ordinance, easement, covenant, or deed restriction, the 4 instrument with the more stringent restrictions applies. 5 (g) Interpretation. In the interpretation and application of this ordinance, all provisions must: 6 1. Be considered as minimum requirements; 7 2. Be liberally construed in favor of the governing body; and 8 3. Be deemed to neither limit nor repeal any other powers granted under State Statutes. 9 (h) Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance 10 is considered reasonable for regulatory purposes. Documented scientific and engineering data 11 form the basis for these requirements. On rare occasions, flooding events greater than those 12 considered for this ordinance will occur. In addition,flood heights may increase over time due 13 to man-made or natural causes. This ordinance does not imply that land outside Special Flood 14 Hazard Areas will be free from flooding, nor that strict adherence to this ordinance protects 15 uses permitted within Special Flood Hazard Areas from all flood damages. This ordinance 16 specifically does not create liability on the part of the community,nor any official or employee 17 of the community, for any flood damages that result while strictly following this ordinance, or 18 from any lawful administrative decision made under the provisions of this ordinance. 19 (i) Compliance. Constructing, locating, substantially altering or changing the use of any structure 20 or land after the effective date of this ordinance requires full compliance with the provisions of 21 this ordinance and all other applicable regulations. 22 (j) Penalty for Non-Compliance. Flood hazards are reduced by compliance with the provisions of 23 this code. Accordingly, enforcement of this ordinance discourages non-compliance and is a 24 recognized mechanism for flood hazard reduction. 25 The Floodplain Administrator must enforce the provisions of this ordinance and is authorized 26 to: 27 1. Issue cease and desist orders on non-compliant floodplain development projects; 28 2. Issue citations for non-compliance; 29 3. Request that FEMA file a 1316 Action (Denial of Flood Insurance) against non- 30 compliant properties; and 31 4. Take any other lawful action necessary to prevent or remedy any instance of non- 32 compliance with the provisions of this ordinance. 33 a. It is a misdemeanor to violate or fail to comply with any provision of this 34 ordinance. IPage 4 of 291 1 b. Any person found, in a court of competent jurisdiction, guilty of violating this 2 ordinance is subject to fines of not more than $500 per day for each violation; 3 in addition the defendant is subject to payment of all associated court costs and 4 costs involved in the case. 5 (k) Emergency Clause. It is hereby found and declared by the City of Little Rock that severe 6 flooding has occurred in the past within its jurisdiction and will certainly occur within the 7 future; that flooding is likely to result in infliction of serious personal injury or death, and is 8 likely to result in substantial injury or destruction of property within its jurisdiction; in order to 9 effectively comply with minimum standards for coverage under the National Flood Insurance 10 Program; and in order to effectively remedy the situation described herein, it is necessary that 11 this ordinance become effective immediately. 12 Sec. 13-52.—Article 1 Definitions. 13 Unless specifically defined below, words or phrases used in this Code have their common usage 14 meaning to give the most reasonable application to this Code. 15 Additional definitions for floodplain management terms can be found at Part§59.1 of 44 CFR. 16 "Alluvial Fan Flooding" means flooding occurring on the surface of an alluvial fan or similar 17 landform which originates at the apex and is characterized by high-velocity flows;active processes 18 of erosion, sediment transport, and deposition; and unpredictable flow path. 19 "Apex" means a point on an alluvial fan or similar landform below which the flow path of the 20 major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. 21 "Area of Shallow Flooding" means a designated AO, AH, or VO Zone on a community's Flood 22 Insurance Rate Map (FIRM) with a I% chance or greater annual chance of flooding to an average 23 depth of one (1)to three(3) feet where a clearly defined channel does not exist,where the path of 24 flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized 25 by pending or sheet flow. 26 "Area of Special Flood Hazard" is the land in the floodplain within a community subject to a 1% 27 or greater chance of flooding in any given year. The area may be designated as Zone [A] on the 28 Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in 29 preparation for publication of the FIRM,Zone A usually is refined into Zones A,AE,AH,AO,Al, 30 99, VO,V1-30, VE or V. 31 "44 CFR" (Emergency Management and Assistance — National Flood Insurance Program 32 Regulations) -parts 59-75 contain Federal Regulations upon which local floodplain managements 33 are based. [Page 5 of 291 1 "44 CFR§65.12"-contains the section of the Federal regulations which involves revision of flood 2 insurance rate maps to reflect base flood elevations caused by proposed encroachments. 3 "100-Year Flood" - is any flood with a 1% chance of occurring in any given year. The term is 4 misleading, because of its statistical derivation. A"100-year flood"may occur many times in any 5 given 100-year period, or it may not occur at all in 100 years. 6 "500-Year Flood" is any flood with a 0.2% chance of occurring in any given year. As with the 7 100-year flood,this term is also misleading,because of its statistical derivation. A"500-year flood" 8 may occur many times in any given 500-year period, or it may not occur at all in 500 years. 9 "Accessory Structures" are structures which are on the same parcel of property as the principle 10 structure and the use of which is incidental to the use of the principle structure(such as garages and 11 storage sheds). 12 `Adverse Impact" means negative or harmful effect in relation to flooding. The adverse impacts 13 can be measured in terms of increased flood peaks, increased flood stages, and/or higher flood 14 velocities in the floodway model as determined by FEMA in the City of Little Rock's Flood 15 Insurance Study dated(Effective date of the new FIS): 16 "AE or A1-30 Risk Zones" are special flood hazard areas where detailed studies have determined 17 base flood elevations. AE has replaced A1-30 in newer flood maps. 18 "AH Risk Zones" are special flood hazard areas characterized by shallow flooding with ponding 19 effects(where floodwaters accumulate in depressions and linger until absorbed or evaporated). 20 "AO Risk Zones"are special flood hazard areas characterized by shallow flooding with sheet flow 21 (where floodwaters flow in a broad, shallow sheet rather than through a narrow channel). 22 "A Risk Zones"are special flood hazard areas without detailed studies,where base flood elevations 23 have not been determined. 24 "Appeal Board"means a person or persons specifically designated to render decisions on variance 25 applications and floodplain management complaints. 26 "Automatic"entry and exit of floodwaters means that the water must be able to enter and exit with 27 no intervening action from a person. 28 "Base Flood" is the flood profile used as the basis for the NFIP Regulations. The Federal 29 Government has selected the 1%chance flood as the base flood. 30 "Basement" is any enclosed area that is below grade on all sides. 31 "`BFE" is the acronym for Base Flood Elevation. 32 "Buoyancy"is the upward force exerted by water. Buoyancy can cause underground tanks to float 33 free and can lift structures off foundations. [Page 6 of 291 1 "Critical Feature" means an integral and readily identifiable part of a flood protection system, 2 without which the flood protection provided by the entire system would be compromised. 3 "Certificates of Compliance"are formal documents issued by floodplain administrators certifying 4 that completed projects comply with the requirements of the local Code. 5 Code of Federal Regulations(CFR) is the codification of the general and permanent rules published 6 in the Federal Register by the Executive Departments and agencies of the Federal Government. It 7 is divided into fifty(50)titles that represent broad areas subject to Federal Regulation. The Federal 8 Regulations pertaining to the national Flood Insurance Program are found in Title 44, Emergency 9 Management and Assistance. 10 —Clearing" is the act of cutting timber or shrubs from an area 11 "Commercial Business Park"is typically an area of offices or light industrial usage,although retail, 12 service, or industrial usage is sometimes included in supporting roles. For example, a commercial 13 business park of office complexes may also include restaurants which service these offices. 14 "Concrete Deadman Anchors"are heavy steel rods embedded in buried sections of concrete,used 15 to secure items in place under tension. 16 "Covenant" is a clause in a contract that requires one party to do, or refrain from doing, certain 17 things. A covenant frequently appears as a restriction that a lender imposes on a borrower. 18 "Crawlspace" is a type of structural foundation where the space beneath the lowest floor is 19 typically not deep enough to allow a person to stand and not all four(4)walls are below grade. 20. "Critical Facilities" include: Governmental facilities that are considered essential for the delivery 21 of critical services and crisis management (such as data and communication centers and key 22 governmentalcomplexes); facilities that are essential for the health and welfare of the whole 23 population (such as hospitals, prisons, police and fire stations, emergency operations centers, 24 evacuation shelters and schools);mass transportation facilities(such as airports,bus terminals,train 25 terminals); lifeline utility systems (including potable water, wastewater, oil, natural gas, electric 26 power and communications systems); high potential loss facilities(such as nuclear power plants or 27 military installations); hazardous material facilities (such as industrial facilities housing or 28 manufacturing or disposing of corrosives, explosives, flammable materials, radioactive materials 29 and toxins. 30 "D Zones"areas in which the flood hazard has not been determined,but may be possible 31 "Deed Restriction" refers to a clause in a deed that limits the future uses of the property in some 32 respect. Deed restrictions may impose a vast variety of limitations and conditions, for example, 33 they may limit the density of buildings, dictate the types of structures that can be erected, prevent 34 buildings from being used for specific purposes or even from being used at all. [Page 7 of 291 1 "Development"means any man-made change to improved or unimproved real estate. It includes, 2 but not limited to, construction, reconstruction, or placement of a building, or any addition or 3 substantial improvements to a building. "Development" also includes the installation of a 4 manufactured home on a site, preparing a site for a manufactured home, or installing/parking a 5 travel trailer. The installation of utilities,construction of roads,bridges,culverts or similar projects 6 are also "developments." Construction or erection of levees, dams, walls, or fences; drilling, 7 mining,filling,dredging,grading,excavating,paving,or other alterations of the ground surface are 8 "developments." Storage of materials including the placement of gas and liquid storage tanks are 9 "developments,"as are channel modifications or any other activity that might change the direction, 10 height, or velocity of flood or surface waters. "Development" will normally not include 11 maintenance of existing drainage ditches, gardening, plowing, planting, harvesting of crops, or 12 similar practices that do not involve filling, grading, or construction of levees. 13 "Development Permit"refers to the permit required for placing a"development"in the floodplain. 14 "Easements" are rights or permissions held by one person to make specific, limited use of land 15 owned by another person. 16 "Elevated Building" means a non-basement building (i) built, in the case of a building in Zones 17 A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case 18 of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure 19 member of the elevated floor elevated above the ground level by means of pilings, columns(posts 20 and piers),or shear walls parallel to the floor of the water and(ii)adequately anchored so as not to 21 impair the structural integrity of the building during a flood of up to the magnitude of the base 22 flood. In the case of Zones A1-30, AE,A, A99, AO, AH,B, C, X, and D, "elevated building" also 23 includes a building elevated by means of fill or solid foundation perimeter walls with openings 24 sufficient to facilitate the unimpeded movement of floodwaters.In the case of zones A1-30,VE,or 25 V, "elevated building" also includes a building otherwise meeting the definition of "elevated 26 building," even though the lower area is enclosed by means of breakaway walls if the breakaway 27 walls met the standards of Section 60.3(e)(5)of the National Flood Insurance Program regulations. 28 "Elevation Certificate"refers to FEMA form 81-31, which for the purposes of this Code must be 29 properly completed by a Professional Engineer, Surveyor or Architect licensed to practice in the 30 State of Arkansas. 31 "Erosion" is the process of soil removal by moving water. 32 "Existing Construction"means for the purposes of determining rates,structures for which the"start 33 of construction" commenced before the effective date of the FIRM or before January 1, 1975, for [Page 8 of 291 1 FIRMs effective before that date. "Existing construction" may also be referred to as "existing 2 structures." 3 "Existing Structure" means, for floodplain management purposes, a structure which is in place 4 before any reconstruction,rehabilitation, addition, or other improvement takes place. 5 "Existing Manufactured Home Park or Subdivision" means a manufactured home park or 6 subdivision for which the construction of facilities for servicing the lots on which the manufactured 7 homes are to be affixed (including, at a minimum, the installation of utilities, the construction of 8 streets, and either final site grading or the pour of concrete pads) is completed before the effective 9 date of the floodplain management regulations adopted by a community. 10 "Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of 11 additional sites by the construction of facilities for servicing the lots on which the manufactured 12 homes are to be affixed(including the installation of utilities,the construction of streets, and either 13 final site grading or the pouring of concrete pads). 14 "Federal Emergency Management Agency", or FEMA, is the Federal agency responsible for 15 administering the National Flood Insurance Program. 16 "FEMA" is the acronym for the Federal Emergency Management Agency. 17 "Fill" refers to the placement of natural sand, dirt, soil, rock, concrete, cement, brick or similar 18 material at a specified location to bring the ground surface up to a desired elevation. 19 "FIRM" is the acronym for Flood Insurance Rate Map. 20 "Flood Fringe"refers to the portion of the 100-year floodplain which is outside the floodway(See 21 definition of floodway below.) 22 "Flood Insurance Rate Map" (or "FIRM") refers to the official flood map of a community on 23 which FEMA has categorized Special Flood Hazard Areas into risk premium zones. 24 "Flood Insurance Study" (or "FIS") is the official report provided by FEMA. It contains flood 25 profiles,floodway tables,engineering methods, and other descriptive and technical data. 26 "Flooding Events" are general or temporary conditions of partial or complete inundation of 27 normally dry land areas from the overflow of inland or tidal waters, or from the unusual and rapid 28 accumulation or runoff of surface waters from any source. 29 "Floodplain" refers to any land area susceptible to inundation by floodwaters from any source. 30 For the purposes of this Code, floodplain refers to the land area susceptible to being inundated by 31 the base flood. 32 "Floodplain Administrator"refers to the community official designated in the local Flood Damage 33 Prevention Code as responsible for the Code's administration. [Page 9 of 291 1 "Floodplain Development Permit" is a permit issued by the local Floodplain Administrator and is 2 required before beginning any development in an area designated as a Special Flood Hazard Area 3 on the community's FIRM. 4 "Floodplain Management" means the operation of an overall program of corrective and 5 preventative measures for reducing flood damage including but not limited to emergency 6 preparedness plans,flood control works and floodplain management regulations. 7 "Floodplain Management Regulations" means zoning ordinances, subdivision regulations, 8 building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, 9 grading ordinances and erosion control ordinance)and other applications of police power.The term 10 describes such state or local regulations, in any combination thereof which provide standards for 11 the purpose of flood damage prevention and reduction. 12 "Flood Protection System" means those physical structural works for which funds have been 13 authorized, appropriated, and expended and which have been constructed specifically to modify 14 flooding in order to reduce the extent of the areas within a community subject to a "special flood 15 hazard" and the extent of the depths of associated flooding. Such a system typically includes 16 hurricane tidal barriers,dams,reservoirs, levees or dikes.These specialized flood modifying works 17 are those constructed in conformance with sound engineering standards. 18 "Floodproofing" is a combination of structural and nonstructural additions, changes, or 19 adjustments to structures that reduce or eliminate the risk of flood damage. 20 "Floodproofing Certificate"refers to FEMA form 81-65,which for the purposes of this Code must 21 be properly completed by a Professional Engineer or Architect licensed to practice in the State of 22 Arkansas. 23 "Floodway" or "Regulatory Floodway" refers to a stream channel and the land to either side of 24 the stream channel that must remain undeveloped and open in order to allow floodwaters to pass 25 without increasing the base flood elevation more than a designated height. For the purposes of this 26 Code,the height is one foot(1 ft.). Severe restrictions or prohibitions are imposed on development 27 within the floodway. 28 "Flow-Through Openings" are openings specifically designed to allow floodwaters to flow into 29 and out of enclosed spaces, minimizing the danger of foundation or wall collapse from lateral 30 hydrostatic pressure. 31 "Functionally dependent use"means a use which cannot perform its intended purpose unless it is 32 located or carried out in close proximity to water. The term includes only docking facilities, port 33 facilities that are necessary for the loading and unloading of cargo or passengers,and ship building 34 and ship repair facilities,but does not include long-term storage or related manufacturing facilities. [Page 10 of 291 1 "Grade"means the surface of the ground. 2 "Grading" means to smooth the surface of the ground, typically with heavy construction 3 equipment. 4 "Highest Adjacent Grade" (HAG) means the highest natural elevation of the ground surface prior 5 to construction next to the proposed walls of a structure. 6 "Historic Structure"means any structure that is: 7 (1) Listed individually in the National Register of Historic Places(a listing maintained by the 8 Department of Interior) or preliminarily determined by the Secretary of the Interior as 9 meeting the requirements for individual listing on the National Register; 10 (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the 11 historical significance of a registered historic district or a district preliminarily determined 12 by the Secretary to qualify as a registered historic district; 13 (3) Individually listed on a state inventory of historic places in states with historic preservation 14 programs which have been approved by the Secretary of the Interior; or 15 (4) Individually listed on a local inventory or historic places in communities with historic 16 preservation programs that have been certified either; 17 a. By an approved state program as determined by the Secretary of the Interior; or 18 b. Directly by the Secretary of the Interior in states without approved programs. 19 "Hydrodynamic Forces" are the forces and stresses associated with moving water, including 20 impacts from objects carried in the water. 21 "Hydrostatic Flood Forces"are the forces and stresses associated with standing floodwaters. 22 "Lacustrine Flooding" is flooding associated with a lake. 23 "Lateral Forces"are the horizontal hydrostatic forces associated with standing water. Water exerts 24 an equal force in all directions, and as little as three feet of standing water can generate sufficient 25 lateral force to collapse a foundation or wall. 26 "Levee"means a man-made structure, usually an earthen embankment, designed and constructed 27 in accordance with sound engineering practices to contain, control, or divert the flow of water so 28 as to provide protection from temporary flooding. 29 "Levee System" means a flood protection system which consists of a levee, or levees, and 30 associated structures, such as closure and drainage devices, which are constructed and operated in 31 accordance with sound engineering practices. 32 "Lowest floor" refers to the lowest floor of the lowest enclosed area(including Basement). For a 33 typical slab-on-grade construction,the lowest floor is the top of the first floor of the structure. For 34 a typical basement foundation construction, the elevation of the lowest floor is the top of the [Page 11 of 291 1 basement floor. For a typical crawlspace foundation construction,the elevation of the lowest floor 2 is the top of the first floor of the structure. For a typical split-level construction, the elevation of 3 the lowest floor is the top of the first living area floor. For a manufactured home installation,the 4 elevation of the lowest floor will be the bottom of the lowest I-Beam. The garage floor and 5 crawlspaces are not the lowest floor as long as there are no living areas in the garage and it is used 6 solely for storage, parking vehicle and entry to the structure, provided that such enclosure is not 7 built so as to render the structure in violation of the applicable non-elevation design requirements 8 of Section 60.3 of the National Flood Insurance Regulations. 9 "Manufactured Home"means a structure transportable in one(1) or more sections,which is built 10 on a permanent chassis and is designed for use with or without a permanent foundation when 11 connected to the required utilities.The term "manufactured home"does not include a"recreational 12 vehicle". 13 "Manufactured Home Park or Subdivision"means a parcel(or contiguous parcels)of land divided 14 into two(2)or more manufactured home lots for rent or sale. 15 "Mean sea level" means, for purposes of the National Flood Insurance Program, the National 16 Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown 17 on a community's flood insurance rate map are referenced. 18 "Mixed-Use Structures"are structures with both a business and a residential component,but where 19 the area used for business is less than 50% of the total floor area of the structure. 20 "New Construction" means, for floodplain management purposes, structures for which the "start 21 of construction" commenced on or after the date of a floodplain management regulation adopted 22 by a community and includes any subsequent improvements to such structures. 23 "New Manufactured Home Park or Subdivision"means a manufactured home park or subdivision 24 for which the construction of facilities for servicing the lots on which the manufactured homes are 25 to be affixed (including as a minimum, the installation of utilities, the construction of streets and 26 either final site grading or the pouring of concrete pads) is completed on or after the effective date 27 of floodplain management regulations adopted by a community. 28 "No Adverse Impact Principle" is a principle of restricting land development that "adversely 29 affects"someone else's property or land. 30 "Nonresidential Structures" are structures used only for commercial or public purposes, such as 31 businesses, schools,churches, etc. 32 "No-Rise Certificates" are formal certifications signed and stamped by a Professional Engineer 33 licensed to practice in the State of Arkansas, demonstrating through hydrologic and hydraulic 34 analyses performed in accordance with standard engineering practice that a proposed development [Page 12 of 29] 1 will not result in any increase in flood levels within the community during the occurrence of a base 2 flood event. 3 "Piers"are columns of masonry or other structural material(commonly cement blocks stacked up 4 to support a manufactured home), usually rectangular, used to support other structural members. 5 For the purpose of this ordinance, piers must be permanent in nature. 6 "Pilings" are steel tubes driven to rock or a suitable soil bearing layer and connected to the 7 foundation of a structure. 8 "Ponding" is a flooding effect where floodwaters accumulate in shallow depressions and linger 9 until absorbed or evaporated. 10 "Recreational Vehicle" means a vehicle which is (i) built on a single chassis; (ii)400 square-feet 11 or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or 12 permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent 13 dwelling but as temporary living quarters for recreations, camping,travel, or seasonal use. 14 "Risk Zones"categorize special flood hazard areas into groupings by the specific risk of flooding. 15 Zones A,AE or A1-30, AO, and AH are Special Flood Hazard Areas. See"X Risk Zones" in this 16 section. 17 "Riverine Flooding"is flooding associated with a river or stream channel. 18 "RV" is the acronym for recreational vehicle. 19 "Screw Augers"are any type of anchor that twists into the soil,typically to a depth of four(4)feet 20 or more. They are not suitable for securing manufactured homes against floodwaters because 21 saturated grounds often soften and fail to hold the anchor in place. 22 "Section 404 Wetlands Permit" is a permit required under Section 404 of the Clean Water Act for 23 the discharge of dredged and fill material into any surface water of the United States. The United 24 States Army Corps of Engineers issues Section 404 Permits. 25 "SFHA"is the acronym for Special Flood Hazard Area. 26 "Shallow Flooding"means a depth of less than three(3)feet. 27 "Slab Anchors"are anchors where the hook of the anchor is wrapped around a horizontal rebar in 28 the slab before the concrete is poured. 29 "Special Flood Hazard Areas"are geographical areas identified on FEMA flood maps as being at- 30 risk for flooding. The maps further categorize these areas into various flood risk zones A, AE or 31 A1-30,AH,and AO. 32 "Start of Construction" includes substantial improvement and means the date the building permit 33 was issued,provided the actual start of construction,repair, reconstruction,rehabilitation,addition 34 placement, or other improvement was within 180 days of the permit date. The actual start means lPage 13 of 29] 1 either the first placement of permanent construction of a structure on a site, such as the pouring of 2 slab or footings,the installation of piles,the construction of columns,or any work beyond the stage 3 of excavation; or the placement of a manufactured home on a foundation. Permanent construction 4 does not include land preparation, such as clearing, grading and filling; nor does it include the 5 installation of streets and/or walkways;nor does it include excavation for basement,footings,piers 6 or foundations or the erection of temporary forms; nor does it include the installation on the 7 property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part 8 of the main structure. For a substantial improvement, the actual start of construction means the 9 first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that 10 alteration affects the external dimensions of the building. 11 "State Coordinating Agency" is the agency that acts as a liaison between FEMA and a community 12 for the purposes of floodplain management. The Arkansas Natural Resources Commission is the 13 State Coordinating Agency for Arkansas. 14 "Stream Channels"are depressed natural pathways through which water of any quantity routinely 15 flows. 16 "Structural Development" is a development that includes the placement or construction of a 17 structure. 18 "Structure"means for floodplain management purposes a walled and roofed building, including a 19 gas or liquid storage tank,which is principally above ground, as well as a manufactured home. 20 "Substantial Damage" is damage of any origin where the cost to restore a structure to its original 21 undamaged state would equal or exceed 50%of the market value of the structure before any damage 22 occurred. In determining whether substantial damage has occurred, estimators must use standard 23 contractor and materials costs. There are no exceptions for homeowners who make their own 24 repairs or for discounted or free raw materials. 25 "Substantial Improvement" is any reconstruction, remodeling, addition or improvement to a 26 structure with a cost equaling or exceeding 50% of the market value of the structure before any 27 improvement. Improvements to correct identified violations of local health, sanitary or safety 28 Codes are not substantial improvements, regardless of the cost, as long as they are the minimum 29 improvement necessary to bring the structure up to Code. Alterations to historical structures are 30 also exempted, as long as the improvement does not affect the structure's official status of 31 "historical structure." 32 "Uses Vulnerable to Floods"are simply any land or structural uses that may be negatively affected 33 by a flood. [Page 14 of 29J 1 "Variance" is a formal, written permission from the Appeals Board to construct or develop in a 2 way that is inconsistent with the requirements of this Code. The variance only deals with this Code 3 —the Appeals Board has no authority to waive any other governmental requirement,and has no say 4 in the cost of flood insurance. 5 "Violation" means the failure of a structure or other development to be fully compliant with the 6 community's floodplain management regulations. A structure or other development without the • 7 elevation certificate, other certifications, or other evidence of compliance required in this code 8 Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or(e)(5) [of the National Flood Insurance 9 Program regulations] is presumed to be in violation until such time as that documentation is 10 provided. 11 "Water Surface Elevation"means the height, in relation to the National Geodetic Vertical Datum 12 (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and 13 frequencies in the floodplains of coastal or riverine areas. 14 `X Risk Zones"are a special group of insurance risk zones. One type,shown as non-shaded areas 15 on FEMA issued flood maps, indicates a zone where flooding is not expected to occur. The second 16 type, shown as shaded areas of FEMA flood maps, indicates a flood hazard area that is expected to 17 be affected by the 500-year flood, but not by the 100-year base flood. 18 (Ord.No. 18,556, § 1(Art. 2), 9-4-01) (Ord.No. 18,556, § 1(Art. 3), 9-4-01) 19 Article 2.-ADMINISTRATION 20 Sec. 13-53.-Designation of the Floodplain Administrator. 21 The Mayor of the City of Little Rock, or his designee, is hereby appointed the Floodplain 22 Administrator. 23 (Ord.No. 18,556, § 1(Art.4, § A), 9-4-01) 24 Sec. 13-54.-Duties and Responsibilities of the Floodplain Administrator. 25 (a) Obtain accreditation each year as required by A.C.A. §14-268-106 through the State 26 Coordinating Agency,which is the Arkansas Natural Resources Commission. 27 (b) Administer and implement the provisions of this Code and other appropriate sections of 44 28 CFR (Emergency Management and Assistance - National Flood Insurance Program 29 Regulations)as they pertain to floodplain management 30 (c) Review applications for Floodplain Development Permits to: 31 1) Evaluate proposed projects for reasonable safety from flooding; 32 2) Evaluate proposed projects for conformance with No Adverse Impact principles; 33 3) Ensure that all other permits necessary (including Section 404 Wetlands Permits as 34 required by the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. [Page 15 of 29] 1 1334)for proposed projects are obtained from the appropriate government agency prior 2 to issuing a Floodplain Development Permit; and 3 4) Ensure that proposed projects conform to the applicable provisions of this Code. 4 (d) Approve or deny applications for Floodplain Development Permits on the basis of: 5 1) The proposed development's compliance or non-compliance with the provisions of this 6 Code; 7 2) The expected flood elevation, flood water velocity, flood duration, rate of rise and 8 sediment transport of the floodwaters expected at the proposed development site; 9 3) The proposed development's potential to adversely impact life and property by 10 changing flooding patterns,changing erosion rates,or being swept onto other lands by 11 flood waters; 12 4) The proposed development's susceptibility to flood damage; 13 5) The proposed development's compatibility with existing and planned community 14 development; 15 6) The proposed development's accessibility by ordinary and emergency vehicles during 16 flooding events; 17 7) The anticipated costs of providing governmental services to the proposed development 18 during and after flooding events, including maintenance and repair of streets,bridges, 19 facilities and public utilities such as sewer, gas, electrical and water systems; 20 8) The proposed development's functionally dependent use; 21 9) The availability of alternative locations, not subject to flooding or erosion damage, for 22 the proposed development; and 23 10) The relationship of the proposed use to the comprehensive plan for that area. 24 (e) Interpret the exact location of the boundaries of Special Flood Hazard Areas whenever a 25 mapped boundary appears to be different from actual field conditions. (The sole purpose of 26 this interpretation is to determinate the applicability of the provisions of this Code to the 27 proposed project.) 28 (f) Notify adjacent communities and the State Coordinating Agency,which is the Arkansas Natural 29 Resources Commission,a minimum of sixty(60)days prior to any alteration or relocation of a 30 watercourse, and submit evidence of all such notifications to FEMA. 31 (g) Ensure that the flood carrying capacity within an altered or relocated portion of a 32 watercourse is not diminished, and that the alteration or relocation does not adversely impact 33 other lands. IPage 16 of 291 1 (h) Obtain, review and reasonably utilize, whenever the current Flood Insurance Study or current 2 Flood Insurance Rate Map does not provide base flood elevation data,any base flood elevation 3 data and floodway data available from any Federal, State or other source. The Floodplain 4 Administrator may obtain such data by requiring the applicant to submit it in conjunction with 5 a Floodplain Development Permit application. (The sole use of this data is the administration 6 of the provisions of this Code.) 7 (i) Inspect floodplain developments as necessary to ensure construction is in accordance with the 8 application data that formed the basis for the decision to issue the Floodplain Development 9 Permit. 10 (j) Issue Certificates of Compliance. 11 (k) Maintain all records and documents pertaining to this Code for public inspection. 12 (Ord.No. 18,556, § 1(Art.4, § B), 9-4-01) 13 Sec. 13-55.—Establishment of Development Permit 14 A Floodplain Development Permit is required for all structural development, placement of 15 manufactured structures, clearing, grading, mining, drilling, dredging, placement of fill, excavating, 16 watercourse alteration, drainage improvements, roadway or bridge construction, individual water or 17 sewer installations or any other development in a Special Flood Hazard Area to ensure conformance 18 with the provisions of this Code. 19 Sec. 13-56.—Permit Procedures 20 (a)Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator 21 on forms furnished by him/her and may include, but not be limited to,plans in duplicate drawn to 22 scale showing the location, dimensions, and elevation of proposed landscape alterations, existing 23 and proposed structures, including the placement of manufactured homes, and the location of the 24 foregoing in relation to areas of special flood hazard. 25 (b) The documentation required with each Application for a Floodplain Development Permit, and the 26 specific provisions of this Code applicable to the proposed development, are dependent upon the 27 type of development proposed and the Risk Zone of the proposed development site. Article 3, 28 Section 13-59 contains standards for all developments in all Risk Zones. Article 3, Section 13-60 29 contains standards for specific development types in specific Risk Zones. 30 (c) The decision of the Floodplain Administrator to approve or deny issuance of a Floodplain 31 Development Permit is subject to appeal to the designated Appeal Board. Within the City of Little 32 Rock,Arkansas the designated Appeal Board is the Board of Directors. 33 Sec. 13-57.-Variance procedures. 34 (a) Applicants must submit petitions for variances directly to the Appeal Board(Section 13-58). [Page 17 of 291 1 (b) Variances may only be issued: 2 1) If showing a good and sufficient cause; 3 2) Granting of the variance will not result in adverse impact upon other lands; 4 3) If granting of the variance will not result in any additional threats to public safety; 5 4) If granting of the variance will not result in extraordinary public expense; 6 5) If granting of the variance does not create a nuisance, cause fraud on or 7 victimization of the public, or conflict with existing laws or ordinances; 8 6) If granting of the variance will not result in increased flood heights or an increase in 9 expected flood velocities; 10 7) If the requested variance is the minimum necessary, considering the flood hazards, to 11 afford the necessary relief; and 12 8) Upon determination that the requested variance is necessary to avoid an extraordinary 13 hardship to the applicant. 14 (c) Variances may not be issued for developments inside a regulatory floodway unless 15 1) All requirements of 44 CFR §65.12 are first met; or 16 2) The following requirements are met: 17 a. A No-Rise Certificate signed and sealed by a Professional Engineer licensed to 18 practice in the State of Arkansas is submitted to document that no increase in 19 the base flood elevation would result from granting a variance for the proposed 20 development; 21 b. Protective measures are employed to minimize damages during flooding events; 22 and 23 c. The variance does not result in adverse impact to other lands. 24 (d) Examples of developments for which variance petitions may be appropriate include but are not 25 limited to 26 1) The new construction of, or substantial improvement to, a structure on a lot of 27 or less in size that is surrounded by contiguous lots with existing structures constructed 28 below the base flood elevation; 29 2) For the reconstruction, rehabilitation or restoration of an historical structure, provided 30 that: 31 1. The proposed repair or rehabilitation will not preclude the structure's 32 continued designation as a historic structure; and 33 2. The variance is the minimum necessary to preserve the historic character and 34 design of the structure. [Page 18 of 29] 1 b) The new construction of, substantial improvement to, or other development necessary 2 to conduct a functionally dependent use, provided that: 3 1. The criteria outlined in Article 2, Section 13-57, (c) and (d) and Article 2, 4 Section 13-58 are met, and 5 2. The structure or other development is protected by methods that minimize 6 flood damages during the base flood and create no additional threats to public 7 safety. 8 Sec. 13-58—Appeal Board 9 (a) Within the City of Little Rock,Arkansas the Board of Directors is the designated Appeal Board. 10 (b) The Appeal Board will consider an appeal only with allegations of an error in any requirement, 11 decision, or determination made by the Floodplain Administrator in the enforcement or 12 administration of this Code. 13 (c) Upon consideration of the factors noted in Article 2, Sections 13-57 and 13-58, and the intent 14 of this ordinance,the Appeal Board mayattach such conditions to the grantingof variances as PP 15 it deems necessary to further the purpose and objectives of this ordinance. 16 (d) Appeal Board decisions are binding only upon the requirements of this Code, and have no 17 bearing on the decision of any lending institution to require the purchase of flood insurance or 18 on the rate determination of such insurance. 19 (e) Any time the Appeal Board issues a variance,it must provide the applicant with a formal written 20 warning of an increased risk of flood damage due to removal of restrictions designed to lessen 21 such risks. The notice must also warn of a corresponding increase in the cost of flood insurance, 22 since the cost of such insurance will be commensurate with the increased risk. 23 (f) Aggrieved parties may appeal any decision of the Appeal Board to a court of competent 24 jurisdiction. 25 ARTICLE 3.-PROVISIONS FOR FLOOD HAZARD REDUCTION 26 Sec. 13-59.-General standards. 27 The following standards apply to all developments in Special Flood Hazard Areas, regardless of 28 the type of proposed development or the Risk Zone of the proposed site. 29 (a) All new construction or substantial improvements shall be designed (or modified) and 30 adequately anchored to prevent flotation,collapse or lateral movement of the structure resulting 31 from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 32 (b) All new construction or substantial improvements shall be constructed by methods and 33ractices that minimize flood e•dama P g � [Page 19 of 291 1 (c) All new construction or substantial improvements shall be constructed with materials resistant 2 to flood damage; 3 (d) All critical facilities constructed or substantially improved in Special Flood Hazard Areas 4 (SFHA) must be constructed or modified to exceed 500-Year Flood Protection Standards or 5 located outside the SFHA. 6 (e) The placement or construction of all new structures must be in full compliance with the 7 provisions of this Code 8 (f) For the purposes of this Code, all mixed-use structures are subject to the more stringent 9 requirements of residential structures. 10 (g) A substantial improvement or substantial damage to an existing structure triggers a requirement 11 to bring the entire structure into full compliance with the provisions of this Code. The existing 12 structure, as well as any reconstruction, rehabilitation, addition, or other improvement, must 13 meet the standards of new construction in this Code. 14 (h) Any improvement to an existing structure that is less than a substantial improvement requires 15 the improvement, but not the existingstructure,to be in full compliance with the p provisions of 16 this Code. 17 (i) All manufactured homes to be placed within a Special Flood Hazard Area on a community's 18 FIRM shall be installed usingmethods andpractices which minimize flood damage. For the 19 purposes of this requirement, manufactured homes must be elevated and anchored to resist 20 flotation,collapse,or lateral movement. Methods of anchoring may include,but are not limited 21 to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to 22 applicable State and local anchoring requirements for resisting wind forces. Screw augers or 23 expanding anchors will not satisfy the requirement of this provision. 24 (j) The design or location of electrical, heating, ventilation, plumbing, and air conditioning 25 equipment for new structures, or for any improvements to an existing structure, must prevent 26 water from entering or accumulating within the components during base flood events. 27 (k) The design of all new and replacement water supply systems shall be designed to minimize or 28 eliminate infiltration of floodwaters into the system; 29 (1) The design of New and replacement sanitary sewage systems shall be designed to minimize or 30 eliminate infiltration of flood waters into the system and discharge from the systems into flood 31 waters; and 32 (m) The placement of on-site waste disposal systems shall be located to avoid impairment to them 33 or contamination from them during flooding. g 34 (n) Construction of basement foundations in any Special Flood Hazard Area is prohibited. [Page 20 of 291 1 (o) New construction and substantial improvements, with fully enclosed areas (such as garages 2 and crawlspaces)below the lowest floor that are usable solely for parking of vehicles,building 3 access or storage in an area other than a basement and which are below the base flood elevation 4 shall be designed to automatically equalize hydrostatic flood forces on exterior walls by 5 allowing for the entry and exit of floodwaters. Designs for meeting this requirement must 6 either be certified by a registered professional engineer or architect or meet or exceed the 7 following minimum criteria: 8 (1) A minimum of two (2) openings on separate walls having a total net area of not less 9 than one(1)square-inch for every square-foot of enclosed area subject to flooding shall 10 be provided. 11 (2) The bottom of all openings shall be no higher than one(1)-foot above grade. 12 (3) Openings may be equipped with screens,louvers,valves,or other coverings or devices 13 provided that they permit the automatic entry and exit of floodwaters. 14 (p) The placement of recreational vehicles(RV)in Special Flood Hazard Areas must either 15 (1) Be temporary, as demonstrated by the RV being fully licensed, being on wheels or a 16 jacking system, attached to the site only by quick disconnect type utilities and security 17 devices, having no permanently attached additions, and being immobile for no more 18 than 180 consecutive days; or else 19 (2) Meet all provisions of this Code applicable to manufactured home structures. 20 (q) All proposals for the development of a residential subdivision, commercial business park or 21 manufactured home park/subdivision must have public utilities and facilities such as sewer, 22 gas, electrical and water systems located and constructed to minimize or eliminate flood 23 damage. 24 (r) All proposals for the development of a residential subdivision, commercial business park or a 25 manufactured home park/subdivision must include an adequate drainage plan to reduce 26 exposure to flood hazards. 27 (s) All proposals for the development of a commercial business park or a manufactured home 28 park/subdivision must include an adequate evacuation plan for the escape of citizens from 29 affected nonresidential structures during flooding events. 30 (Ord.No. 18,556, § 1(Art. 5, § A), 9-4-01) 31 Sec. 13-60.—Risk Zone Specific Standards. 32 In addition to the General Standards, the following standards apply to specific development types in 33 specific Risk Zones. Risk Zones listed in the Code that do not appear on the current FIRM are not 34 applicable. [Page 21 of 291 1 (1) In AE or A1-30 Risk Zones: Special Flood Hazard Areas with base floods determined 2 a) For Residential Structures in Zone AE or A1-30: 3 1. For all new residential structures, the top surface of the lowest floor must have an 4 elevation at least 1 foot or more above the published BFE. This elevation must be 5 documented on an Elevation Certificate properly completed by a Professional 6 Engineer, Surveyor or Architect licensed to practice in the State of Arkansas. 7 2. For all substantial improvements or substantial damage to existing residential 8 structures,the entire structure becomes subject to the requirements of a new residential 9 structure. 10 3. For any reconstruction, rehabilitation, addition, or other improvement to an existing 11 residential structure that is less than a substantial improvement,only the improved area, 12 but not the entire structure, becomes subject to the requirements of a new residential 13 structure. 14 b) For Nonresidential Structures in Zone AE or A1-30: 15 1. All new commercial, industrial or other nonresidential structures must either: 16 a. Have the lowest floor(including basement) elevated at least one (1)-foot 17 or more above the base flood level or 18 b. Be floodproofed such that, together with attendant utility and sanitary 19 facilities, be designed so that below an elevation of at leastlfoot or more 20 above the base flood level the structure is watertight with walls 21 substantially impermeable to the passage of water and with structural 22 components having the capability of resisting hydrostatic and 23 hydrodynamic loads and effects of buoyancy. 24 c. A registered professional engineer or architect shall develop and/or review 25 structural design, specifications, and plans for the construction, and shall 26 certify on a Floodproofing Certificate that the design and methods of 27 construction are in accordance with accepted standards of practice as 28 outlined in this subsection. A record of such certification which includes 29 the specific elevation (in relation to mean sea level) to which such 30 structures are floodproofed shall be maintained by the Floodplain 31 Administrator. 32 2. For all substantial improvements or substantial damage to existing commercial, 33 industrial or other nonresidential structures the entire structure becomes subject to 34 the requirements of a new nonresidential structure. [Page 22 of 291 1 3. For any reconstruction, rehabilitation, addition, or other improvement to an 2 existing nonresidential structure that is less than a substantial improvement, only 3 the improved area,but not the entire structure,becomes subject to the requirements 4 of a new nonresidential structure. 5 c) For Manufactured Homes in Zone AE or A 1-30: 6 1. All manufactured homes that are placed or substantially improved on sites: 7 a. Outside of a manufactured home park or subdivision, 8 b. In a new manufactured home park or subdivision, 9 c. In an expansion to an existing manufactured home park or subdivision, or 10 d. In an existing manufactured home park or subdivision on which a 11 manufactured home has incurred "substantial damage" as a result of a 12 flood, be elevated on a permanent foundation such that the lowest floor of 13 the manufactured home is elevated at least one(1)-foot or more above the 14 base flood elevation and be securely anchored to an adequately anchored 15 foundation system to resist flotation, collapse,and lateral movement. 16 2. Require that manufactured homes be placed or substantially improved on sites in 17 an existing manufactured home park or subdivision on the community's FIRM that 18 are not subject to the provisions of Paragraph(1.)of this section be elevated so that 19 either: 20 a. The lowest floor of the manufactured home is at least one(1)-foot or more 21 above the base flood elevation, or 22 b. The manufactured home chassis is supported by reinforced piers or other 23 foundation elements of at least equivalent strength that are no less than 24 thirty-six (36) inches in height above grade and be securely anchored to 25 an adequately anchored foundation system to resist flotation,collapse,and 26 lateral movement. 27 3. For all substantial improvements or substantial damage to existing manufactured 28 home, the entire structure becomes subject to the requirements of a new 29 manufactured home. 30 4. For any reconstruction, rehabilitation, addition, or other improvement to an 31 existing manufactured home that is less than a substantial improvement, only the 32 improved area, but not the entire structure, becomes subject to the requirements 33 of a new manufactured home. [Page 23 of 291 1 d) When a regulatory floodway has not been designated, the Floodplain Administrator must 2 require that no new construction, substantial improvements, or other development 3 (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, 4 unless it is demonstrated that the cumulative effect of the proposed development, when 5 combined with all other existing and anticipated development, will not increase the water 6 surface elevation of the base flood more than one foot at any point within the community. 7 (2) Floodways: High risk areas of stream channel and adjacent floodplain 8 a) Developments in regulatory floodways are prohibited, unless 9 1. A No-Rise Certificate, signed and stamped g p by a Professional Engineer licensed 10 to practice in the State of Arkansas,is submitted to demonstrate through hydrologic 11 and hydraulic analyses performed in accordance with standard engineering 12 practice that the proposed development would not result in any increase in flood 13 levels within the community during the occurrence of a base flood event; or 14 2. All requirements of 44 CFR §65.12 are first met. 15 b) No Manufactured Home may be placed in a regulatory floodway, regardless of elevation 16 height, anchoring methods,or No-Rise Certification. 17 (3) In AH or AO Risk Zones: Special Flood Hazard Areas of shallow flooding 18 a) For Residential Structures in Zones AH or AO: 19 1. All new residential structures must be constructed with the top surface of the 20 lowest floor elevated at least one(1)-foot or more above the published BFE, or at 21 least one(1)-foot or more above the highest adjacent grade in addition to the depth 22 number specified (at least two (2) feet if no depth number is specified) on the 23 community's ty s FIRM. This elevation must be documented on an Elevation 24 Certificate properly completed by a Professional Engineer, Surveyor or Architect 25 licensed to practice in the State of Arkansas. 26 2. For all substantial improvements or substantial damage to existing residential 27 structures the entire structure becomes subject to the requirements of a new 28 residential structure. 29 3. For any reconstruction, rehabilitation, addition, or other improvement to an 30 existing residential structure that is less than a substantial improvement, only the 31 improved area, but not the entire structure,becomes subject to the requirements of 32 a new residential structure. 33 For Nonresidential Structures in Zones AH or AO: 34 1. All new commercial, industrial or other nonresidential structure must either: [Page 24 of 291 1 a. Have the top surface of the lowest floor elevated at least one (1)-foot or 2 more above the published BFE, or at least one(1)-foot or more above the 3 highest adjacent grade in addition to the depth number specified (at least 4 two (2) feet if no depth number is specified) on the community's FIRM, 5 with documentation on an Elevation Certificate properly completed by a 6 Professional Engineer, Surveyor or Architect licensed to practice in the 7 State of Arkansas; or 8 b. Be floodproofed such that the structure,together with attendant utility and 9 sanitary facilities be designed so at least one (1)-foot or more above the 10 published BFE in Zone AH, or at least on (1)-foot or more above the base 11 specified flood depth in an AO Zone,the structure is watertight with walls 12 substantially impermeable to the passage of water and with structural 13 components having the capability of resisting hydrostatic and 14 hydrodynamic loads of effects of buoyancy. 15 2. For all substantial improvements or substantial damage to existing commercial, 16 industrial or other nonresidential structures the entire structure becomes subject to 17 the requirements of a new nonresidential structure. 18 3. For any reconstruction,rehabilitation,addition,or other improvement to an existing 19 nonresidential structure that is less than a substantial improvement, only the 20 improved area,but not the entire structure,becomes subject to the requirements of 21 a new nonresidential structure. 22 c) For Manufactured Homes in Zones AH or AO: 23 1. All manufactured homes that are placed or substantially improved on sites: 24 a. Outside of a manufactured home park or subdivision, 25 b. In a new manufactured home park or subdivision, 26 c. In an expansion to an existing manufactured home park or subdivision, or 27 d. In an existing manufactured home park or subdivision on which a 28 manufactured home has incurred "substantial damage" as a result of a 29 flood, be elevated on a permanent foundation such that the lowest floor of 30 the manufactured home is elevated at least one(1)-foot or more above the 31 published BFE,or at least one(1)-foot or more above the highest adjacent 32 grade in addition to the depth number specified(at least two(2)feet if no 33 depth number is specified) on the community's FIRM, and be securely [Page 25 of 291 • 1 anchored to an adequately anchored foundation system to resist flotation, 2 collapse, and lateral movement. 3 2. Require that manufactured homes be placed or substantially improved on sites in 4 an existing manufactured home park or subdivision on the community's FIRM that 5 are not subject to the provisions of Paragraph 1. of this section be elevated so that 6 either: 7 a. The lowest floor of the manufactured home meets the elevation standard 8 of Paragraph 1., or 9 b. The manufactured home chassis is supported by reinforced piers or other 10 foundation elements of at least equivalent strength that are no less than 11 thirty-six (36) inches in height above grade and be securely anchored to 12 an adequately anchored foundation system to resist flotation,collapse,and 13 lateral movement. 14 3. For all substantial improvements or substantial damage to existing manufactured 15 home, the entire structure becomes subject to the requirements of a new 16 manufactured home. 17 4. For any reconstruction, rehabilitation, addition, or other improvement to an 18 existing manufactured home that is less than a substantial improvement, only the 19 improved area,but not the entire structure, becomes subject to the requirements of 20 a new manufactured home. 21 d) Where FEMA has not established a regulatory floodway in Zone in Zones AH or AO, no 22 Floodplain Development Permit may be issued unless a detailed engineering analysis is 23 submitted along with the application that demonstrates the increase in base floodwater 24 elevation due to the proposed development and all cumulative developments since the 25 publication of the current FIRM will be less than one(1)-foot. 26 e) Require adequate drainage paths around structures on slopes,to guide flood waters around 27 and away from proposed structures. 28 (4) In "A"Risk Zones: Special Flood Hazard Areas with no base flood elevations determined 29 a) In Zone A, The applicant or the applicant's agent must determine a base flood elevation 30 prior to construction. The BFE will be based on a source or method approved by the local 31 Floodplain Administrator. 32 b) For Residential Structures in Zone A: 33 1. For all new residential structures, the top surface of the lowest floor must have an 34 elevation at least one (1)-foot or more above the BFE. This elevation must be [Page 26 of 291 1 documented on an Elevation Certificate properly completed by a Professional 2 Engineer, Surveyor or Architect licensed to practice in the State of Arkansas. 3 2. For all substantial improvements or substantial damage to existing residential 4 structures, the entire structure becomes subject to the requirements of a new 5 residential structure. 6 3. For any reconstruction,rehabilitation,addition,or other improvement to an existing 7 residential structure that is less than a substantial improvement,only the improved 8 area, but not the entire structure, becomes subject to the requirements of a new 9 residential structure. 10 c) For Nonresidential Structures in Zone A: 11 1. All new commercial, industrial or other nonresidential structures must either: 12 a. Have the lowest floor(including basement) elevated at least one (1)-foot 13 or more above the base flood level or 14 b. Be floodproofed such that, together with attendant utility and sanitary 15 facilities, be designed so that below an elevation of at least one(1)-foot or 16 more above the base flood level the structure is watertight with walls 17 substantially impermeable to the passage of water and with structural 18 components having the capability of resisting hydrostatic and 19 hydrodynamic loads and effects of buoyancy. 20 c. A registered professional engineer or architect shall develop and/or review 21 structural design, specifications, and plans for the construction, and shall 22 certify on a Floodproofing Certificate that the design and methods of 23 construction are in accordance with accepted standards of practice as 24 outlined in this subsection. A record of such certification which includes 25 the specific elevation (in relation to mean sea level) to which such 26 structures are floodproofed shall be maintained by the Floodplain 27 Administrator. 28 2. For all substantial improvements or substantial damage to existing commercial, 29 industrial or other nonresidential structures the entire structure becomes subject to 30 the requirements of a new nonresidential structure. 31 3. For any reconstruction, rehabilitation, addition, or other improvement to an 32 existing nonresidential structure that is less than a substantial improvement, only 33 the improved area,but not the entire structure,becomes subject to the requirements 34 of a new nonresidential structure. [Page 27 of 29] 1 d) For Manufactured Homes in Zone A: 2 1. All manufactured homes that are placed or substantially improved on sites: 3 a. Outside of a manufactured home park or subdivision, 4 b. In a new manufactured home park or subdivision, 5 c. In an expansion to an existing manufactured home park or subdivision, or 6 d. In an existing manufactured home park or subdivision on which a 7 manufactured home has incurred "substantial damage" as a result of a 8 flood, be elevated on a permanent foundation such that the lowest floor of 9 the manufactured home is elevated one (1)-foot above the base flood 10 elevation and be securely anchored to an adequately anchored foundation 11 system to resist flotation,collapse, and lateral movement. 12 2. Require that manufactured homes be placed or substantially improved on sites in 13 an existing manufactured home park or subdivision on the community's FIRM that 14 are not subject to the provisions of Paragraph(1.)of this section be elevated so that 15 either: 16 a. The lowest floor of the manufactured home is at least one(1)-foot or more 17 above the base flood elevation, or 18 b. The manufactured home chassis is supported by reinforced piers or other 19 foundation elements of at least equivalent strength that are no less than 20 thirty-six (36) inches in height above grade and be securely anchored to 21 an adequately anchored foundation system to resist flotation,collapse,and 22 lateral movement. 23 3. For all substantial improvements or substantial damage to existing manufactured 24 home, the entire structure becomes subject to the requirements of a new 25 manufactured home. 26 4. For any reconstruction, rehabilitation, addition, or other improvement to an 27 existing manufactured home that is less than a substantial improvement, only the 28 improved area, but not the entire structure, becomes subject to the requirements of 29 a new manufactured home. 30 e) Base flood elevation data and a regulatory floodway, utilizing accepted engineering 31 practices, shall be generated for subdivision proposals and other proposed development 32 including the placement of manufactured home parks and subdivisions which is greater 33 than fifty(50) lots or five(5)acres, whichever is lesser, if not otherwise provided. [Page 28 of 291 1 Section 2. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph, 2 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 3 unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this 4 ordinance, as if such invalid or unconstitutional provision was not originally a part of this ordinance. 5 Section 3. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this 6 ordinance are hereby repealed to the extent of such inconsistency. 7 PASSED: July 7,2015 8 ATTE . APPROVE : 9 � � "'it--`i // 10 WAIL / , 11 �'�/ _le CityClerk Y� Mark todola, Mayor 12 , ' ' G 1 AS TO LEGAL FORM: 13 / 14 is I: ' ,L 15 Thomas M. Carpenter, C ty Atto 1 y 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 29 of 29]