Loading...
0853 /03 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. IOcf 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 -2- I~" 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: -3- !o~ 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 -4- (01 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 -5- lOP 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: ~~N~ APPROVED AS TO FORM: ~ ATTORNEY -6-