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ORDINANCE NO. 853 (#5-87)
AN ORDINANCE AMENDING ORDINANCE NO. 447 REGARDING REVISION OF THE
FLOOD PLAIN PROVISIONS AND STANDARDS FOR THE HEALTH AND SAFETY OF
THE CITIZENS OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, the National Office of the Federal Emergency
Management Agency (FEMA) implemented amendments to the National
Flood Insurance Program (NFIP) on October 1, 1986; and,
WHEREAS, the City of Jacksonville, Arkansas, participates in
the NFIP and, in order to have the proper regulations, it is
necessary to amend the applicable Ordinance to incorporate the
changes made by FEMA;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION 1: Ordinance No. 447, Article 2, shall be amended to
include the following definitions:
CRITICAL FEATURE - means an integral and readily identifiable part
of a flood protection system, without which the flood protection
provided by the entire system would be compromised.
ELEVATED BUILDING - means a nonbasement building (i) built, in
the case of a building in Zones AI-3D, AE, A, A99, AO, AH, B, C,
X, and D, to have the top of the elevated floor, or in the case of
a building in Zones VI-3D, VE, or V, to have the bottom of the
lowest horizontal structure member of the elevated floor elevated
above the ground level by means of pilings, columns (posts and
piers), or shear walls parallel to the floor of the water and (ii)
adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
floor. In the case of Zones AI-30, AE, A, A99, AO, AH, B, C, X,
D, "elevated building" also includes a building elevated by means
of fill or solid foundation perimeter walls with openings suffi-
cient to facilitate the unimpeded movement of flood waters. In
the case of Zones VI-30, VE, or V, "elevated building" also in-
cludes a building otherwise meeting the definition of "elevated
building", even though the lower area is enclosed by means of
breakaway walls if the breakaway walls meet the standards of
Section 60.3(e) (5) of the National Flood Insurance Program
regulations.
EXISTING CONSTRUCTION - means for the purposes of determining
rates, structures for which the "start of construction" commenced
before the effective date of the FIRM or before January 1, 1975,
for FIRMs effective before that date. "Existing construction" may
also be referred to as "existing structures".
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible
to being inundated by water from any source (see definition of
flood i ng) .
FLOOD PROTECTION SYSTEM - means those physical structural works
for which funds have been authorized, appropriated, and expended
and which have been constructed specifically to modify flooding in
order to reduce the extent of the areas within a community subject
to a "special flood hazard" and the extent of the depths of asso-
ciated flooding. Such a system typically includes hurricane
tidal barriers, dams, reservoirs, levees or dikes. These special-
ized flood modifying works are those constructed in conformance
with sound engineering standards.
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FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities,
but does not include long-term storage or related manufacturing
facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of
the ground surface prior to construction next to the proposed
walls of a structure.
LEVEE - means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering
practices to contain, control, or divert the flow of water so as
to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a
levee, or levees, and associated structures, such as closure and
drainage devices, which are constructed and operated in accordance
with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
usable solely for parking or vehicles, building access or storage
in an area other than a basement area is not considered a
building's lowest floor; provided that such enclosure is not built
so as to render the structure in violation of the applicable non-
elevation design requirement of Section 60.3 of the National Flood
Insurance Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more
sections, which is built on a permanent chassis and is designed
for use with or without a permanent foundation when connected to
the required utilities. For flood plain management purposes the
term "manufactured home" also includes park trailer, travel
trailers, and other similar vehicles placed on a site for greater
than 180 consecutive days. For insurance purposes the term
"manufactured home" does not include park trailers, travel
trailers, and other similar vehicles.
MEAN SEA LEVEL - means, for purposes of the National Flood
Insurance Program, the National Geodetic vertical Datum (NGVD) of
1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
VIOLATION - means the failure of a structure or other development
to be fully compliant with the City's flood plain management regu-
lations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance
r e qu ired in Se c t ion 60. 3 ( b) ( 5 ), (c) (4 ), (c) (1 0 , (d) (3 ), (e) (2 ) ,
(e)(4), or (e)(5) is presumed to be in violation until such time
as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1929 (or other datum,
where specified), of floods of various magnitudes and frequencies
in the flood plains of coastal or riverine areas.
SECTION 2: Ordinance No. 447, Article 3, Section B, shall
be amended to read as follows:
SECTION B. BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering report
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entitled, "The Flood Insurance Study for City of Jacksonville,
Arkansas", dated July 18, 1985, with accompanying Flood Insurance
Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any
revisions thereto are hereby adopted by reference and declared to
be a part of this Ordinance.
SECTION 3: Ordinance No. 447, Article 4, Section B, shall be
amended to include the following provision(s):
(A) Review permit application to determine whether proposed
building site will be reasonably safe from flooding.
(B) When base flood elevation data has not been provided in
accordance with Article 3, Section B, the City Engineer shall
obtain, review and reasonably utilize any base flood elevation
data and floodway data available from a Federal, State or other
source, in order to administer the provisions of Article 5.
(C) When a regulatory floodway has not been designated, the
City Engineer must require that no new construction, substantial
improvements, or other development (including fill) shall be per-
mitted with Zones Al-30 and AE on the City's FIRM, unless it is
demonstrated that the cumulative effect of the proposed develop-
ment, when combined with all other existing and anticipated deve-
lopment, will not increase the water surface elevation of the base
flood more than one foot at any point within the City.
(D) Article 4, Section B(5), shall be amended to read as
follows:
Notify, in riverine situations, adjacent communities and the
Arkansas Soil and Water Conservation Commission, prior to any
alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency.
SECTION 4: Ordinance No. 447, Article 4, Section C, shall
be amended to include the following:
(A) Maintain a record of all such information in accordance
with Article 4, Section (B) (1).
SECTION 5: Ordinance No. 447, Article 4, Section D(4), shall
be amended to read as follows:
(4) The City Engineer shall maintain a record of all
actions involving an appeal and shall report variances to the
Federal Emergency Management Agency upon request.
SECTION 6: Ordinance No. 447, Article 4, Section D, shall
be amended to include the following:
(10) Variances may be issued by the City of Jacksonville
for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent
use provided that (i) the criteria outlined in Article 4, Section
D(1)-(9) are met, and (ii) the structure or other development is
protected by methods that minimize flood damages during the base
flood and create no additional threats to public safety.
SECTION 7: Ordinance No. 447, Article 5, Section A, shall
be amended to include the following:
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All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
SECTION 8: Ordinance No. 447, Article 5, Section B, shall
be amended to read as follows:
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in (i) Article 3,
Section B, (ii) Article 4, Section B(8), or (iii) Article 5,
Section D(4), the following provisions are required:
(2) Nonresidential Construction - new construction and
substantial improvements of any commercial, industrial or other
nonresidential structure shall either have the lowest floor
(including basement) elevated to or above the base flood level or,
together with attendent utility and sanitary facilities, be
designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect shall
develop and/or review structural design, specifications, and plans
for the construction, and shall certify that the design and
methods of construction are in accordance with accepted standards
of practice as outlined in this subsection. A record of such certi-
fication which includes the specific elevation (in relation to
mean sea level) to which such structures are floodproofed shall be
maintained by the City Engineer.
(5) Enclosures - new construction and substantial improve-
ments, with fully enclosed areas below the lowest floor that are
subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this require-
ment must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum
criteria:
a. A minimum of two openings having a total net area of
not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one
foot above grade.
c. Openings may be equipped with screens, louvers, valves,
or other coverings or devices provided that they permit the auto-
matic entry and exit of floodwaters.
(6) Manufactured Homes -
a. Require that all manufactured homes to be placed within
Zone A shall be installed using methods and practices which mini-
mize flood damage. For the purpose of this requirement, manufac-
tured homes must be elevated and anchored to resist floatation,
collapse, or lateral use of over-the-top or frame ties to ground
anchors. This requirement is in addition to applicable State and
local anchoring requirements for resisting wind forces.
b. All manufactured homes shall be in compliance with
Article 5, Section B(l).
c. Require that all manufactured homes to be placed or
substantially improved within Zones Al-30, AH and AE on the
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community's FIRM be elevated on a permanent foundation such that
the lowest floor of the manufactured home is at or above the base
flood elevation; and be securely anchored to an adequately
anchored foundation system in accordance with the provision of
Section B(4) of this Article.
SECTION 9: Ordinance No. 447, Article 5, Section C, shall
be amended to read as follows:
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING
(AO/AH ZONES)
Located within the areas of special flood hazard established
in Article 3, Section B, are areas designated as shallow flooding.
These areas have special flood hazards associated with base flood
depths of one (1) to three (3) feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow; therefore, the following provisions
apply;
(1) All new construction and substantial improvements of
residential structures have the lowest floor (including basement)
elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the community's FIRM (at least
two (2) feet if no depth number is specified).
(2) All new construction and substantial improvements of
nonresidential structures;
(i) Have the lowest floor (including basement) ele-
vated above the highest adjacent grade at least as high as the
depth number specified in feet on the community's FIRM (at least
two (2) feet if no depth number is specified), or;
(ii) together with attendant utility and sanitary
facilities be designed so that below the base flood level the
structure is watertight with walls substantially impermeable to
the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads of
effects of buoyancy.
(3) A registered professional engineer or architect shall
submit a certification to the Floodplain Administrator that the
standards of this Section, as proposed in Article 4, Section
C(l)(a), are satisfied.
(4) Require within Zones AH or AO adequate drainage paths
around structures on slopes, to guide flood waters around and away
from proposed structures.
SECTION 10: Ordinance No. 447, Article 5, Section D, shall
be amended to read as follows:
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals, including manufactured home
parks and subdivisions, shall be consistent with Article 1,
Sections B, C, and D of this Ordinance.
(2) All proposals for the development of subdivisions
including manufactured home parks and subdivisions shall meet
Development Permit requirements of Article 3, Section C; Article
4, Section C; and the provisions of Article 5 of this Ordinance.
(3) Base flood elevation data shall be generated for
subdivision proposals and other proposed development including
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manufactured home parks and subdivisions which is greater than 50
lots or 5 acres, whichever is lesser, if not otherwise provided
pursuant to Article 3, SEction B, or Article 4, Section B(8) of
this Ordinance.
(4) All subdivision proposals including manufactured home
parks and subdivisions shall have adequate drainage provided to
reduce exposure to flood hazards.
(5) All subdivision proposals including manufactured home
parks and subdivisions shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and
constructed to minimize or eliminate flood damage.
SECTION 11: Ordinance No. 447, Article 5, shall be amended
to include the following:
SECTION E. FLOODWAYS
Floodways - located within areas of special flood hazard
established in Article 3, Section B, are areas designated as
floodways. Since the floodway is an extremely hazardous area
due to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following provisions shall
apply:
(1) Encroachments are prohibited, including fill, new
construction, substantial improvements and other development
unless certification by a professional registered engineer or
architect is provided demonstrating that encroachments shall not
result in any increase in flood levels within the community during
the occurrence of the base flood discharge.
(2) If Article 5, Section E(l) above is satisfied, all new
construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Article 5.
SECTION 12: It is, therefore, declared that an emergency
exists and this Ordinance, being necessary for the immediate pre-
servation of the public peace, health, and safety, shall take
effect and be in force from and after its passage.
SECTION 13: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
APPROVED AND ADOPTED THIS 19th
DAY OF
MARCH
1987.
CITY OF JACKSONVILLE, ARKANSAS
ATTEST:
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APPROVED AS TO FORM:
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ATTORNEY
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