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1012ORDINANCE N0. ~~~/ AN ORDINANCE TO ESTABLISH FLOOD PLAIN MANAGEMENT MEASURES IN ACCORDANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM OF WEST MEMPHIS, ARKANSAS 4 BE IT ORDAINED BY THE CITY COUNCIL 01~' THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES. Section 1.1 STATUTORY AUTHORIZATION. The Legislature of the State of Arkansas has in statutes ].9-?_801 thru 19-2832 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of West T4emphis, Arkansas does ordain as follows: Section 1.2 FINDINGS OF FACT P (1) The flood hazard areas of the City of West Memphis are subject to periodic inundatio~- wli.ich results in .loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relies-, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) .These flood losses are cawed by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damages uses in other area:,. lJses that are inadequately flood- proofed, elevated or otherwise protected from flood damage also contribute to the flood .loss. Section 1. 3. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the (2) general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential. buyers are notii`ied that property is in an area of special flood hazard; and, (8) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. Section 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and pro- visions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, ar-d property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities: (2) Requiring that uses vulnerable to .floods, including facilities which serve such uses, be I>rotected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommo- date or. channel flood waters; (4) Controlling filling, grading, dredging, and other development which may i nerease f loud d<-rm~i f;e ; and , (5) Preventing or regulating the construction of .flood barriers which will unnatur~illy divert flood waters or which may increase flood hazards in other areas. Section 2. DEFINITIONS: Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Appeal" means a request for a review of the City Building Inspector's interpretation of any provision of this ordinance or a request .for a variance.. r (3) "Area of shallow flooding" means a designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. "Area of special flood hazard" means the land in the flood plain within a community subject to a orie percent or greater chance of flooding in any given year. "Base Flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile Home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the con- struction of facilities for servicing the lots on wl~-ich the mobile homes are to be affixed (including the installation utilities, either final site grading or pouring of concrete or the construction of streets). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters and/or (2) T}le unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of spacial flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided i.n (4) which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Maps and the water surface elevation of the base flood. "Habitable floor" means any f]_oor useable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination therof. A floor used only for storage purposes is not a "habitable floor." "Mobile home" means a structure t}lat is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "New construction" means structures fir which the "start of construction" commenced on or after the effective date of this ordinance. "New mobile home park or mobile home subdvsion" means a parcel (or contiguous p~-rrcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction o.f streets) i.s comp]eted on or after the effectivea date of this ordinance. "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or .footings or any work beyond the stage of excavation. }'errnanent con.~truction does not include land pre- paration, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation of property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent f~~aming or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing (5) of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the r_.onstructi.on of facilities for servicing the site on which the mobile borne is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and roofed building, a mobile borne, or a gas or liquid storage tank, t}lat is princi;ally above ground. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or ( 2 ) if the strireturc~ has bean c}~~m~rgec} and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of I}ist~ric, Pl~rc~r; car ~r `~t~ri-c [nvrntar~y of }1:i.~,tori.c Places. "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. Section 3. GENERAL PROV:[SIUNS Section 3.1 LANDS TO WHICIi 7'fIIS ORDINANCE APPLIES This ordinance shall. apply to all areas of special flood hazards within the jurisdiction of the City of Wc:~t Memphis. Section 3.2 BASIS FOR ESTABLISI-ZING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of West Memphis, (~~ Arkansas, Crittenden County," dated January, 1980, with accompanying Flood Insurance Rate Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at City Hall, 205 S. Redding, West Memphis, Arkansa>. Section 3.3 PENALTIES FUR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance, by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall. constitute a Class C misdemeanor, and upon conviction shall be punished according to law. Nothing herein contained shall prevent the City of West Memphis from tak.i.nf~, such cthF-~r law- ful action as is necessary to prevent or remedy any violation. Section 3.4 ABROGATION ANll GR}:A'1'hR RESTRIC`T'IONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or' deed re;.,trictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 3.5 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of thF~ governing body; and, (3) Deemed neither to limit nor repe~il any other powers granted under State statutes. Section 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of West Memphis, (~) any officer or employee thereof or the Federal Insurance Admin- istration, for any flood damages th~it resuli_ from reliance on this ordinance or any adrn i n~i_s tra t :ive clc~c i si on lawfully made thereunder. Section 4 ADMINISTRA`T'ION: ` Section 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT A Develop- ment Permit shall be obtained before con::~t:rcrcti.on or development begins within any area of special flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the City Building Inspector and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of mate- rials, drainage facil.itie:,; and the ].c~r_ation of the foregoing. Specifically, tyre followint; int~orrnation i.s reyui.red: (1) Elevation in relation to mean sea ]_evel, o.f the lowest floor (including basement) of alL structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofin~; methods for any nonresidential structure meet the floodproofng criteria in :>ection 5.2-2; and, (4) Description of the extent tc~ which any watercourse wi1.1 be altered or relocated as a result of proposed development. Section 4.2 DESIGNATION OF THE The City Building Inspector is hereby appointed to adm:ini~;ter trnd implement this ordinance by granting or denying development permit applications i_n accordance with its provisions. Section 4.3 DUTIES AND RESPONSIBILITIES OF THE Duties of the City Building Inspector shall include, but not be limited to: Section 4.3-]. Permit Review (1) Review all development permits to dertermine that the rermit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permits for compliance with the provisions (8) of Section 5.1-5, Encroachments. Section 4.3-2 Use Of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ES`I'AI3LISHINF; 'flit. ARIAS 01' SPF;CIAL FLOOD HAZARD, the City Building Inspector shall obtain, review, and reasonably utilize any base flood e]evati_on data available from a Federal, State, or other source, in order to administer Sections 5.2-1, SPECIFIC STANDARDS, Residen-tia]. Cons~tr.uction, and 5.2-2, SPECIFIC STANDARDS, Nonresidential Con;;truction. Section 4.3-3 Information 1'o Be Obtained And Maintained (1) Obtain and record the actual c~l.evati.on (i.n .relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new substantially improved f]_ood proofed structures: (i) verify and record the actual elevation (in relation to mean sea level); and (ii) maintain the floodproofi_ng certifications required in Section 4.1(3). (3) Maintain for public inspection all records pertaining to the provisions of this ordinance. Section 4.3-4 Alteration of Watercourses (1) Notify adjacent communities and the Arkansas Department of Commerce, Division of Soil and Water Resources prior to any alteration or relocation of a water. course, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. Section 4.3-5 Interpretation of FIRM Boundaries Make inter- pretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a confli.et`between a mapped boundary and actual field conditions). The person contesting; t1~e location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4. Section 4.4 VARIANCE PROCF'DURF; (~) Section 4.4-1 Appeal Board (1) The Board of Adjustment as established by the City of West Memphis shall hear rind decide appeals and requests for variances from the requirements of this ordinance. t (2) The Board of Adjustment shall- hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City Building Inspector in the enforcement or administration of this ordinance. (3) Those aggrieved by the decision of the West Memphis Board of Adjustment, or any taxpayer, may appeal such decision to the Crittenden County Circuit Court,as provided in Statute 19-2830.1 (4) In passing upon such applications, the West Memphis Board o.f Adjustment shall consider all itechnical evaluations, all relevant factors, standards s}~ecified in other sections of this ordinance, and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and is contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which a.re not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the compre- pensive plan and Clood plain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects .. .. (10) of wave action, if applicable, expected at the site; and, (xi) the costs of providing governmental services during and after flood conditions, :including maintenance and repair of public utilities ~~nd f~lciliti.es such as s<~wer, gas, electrical, and water systems, and streets and bridges. (5) Upon consideration of the factors of Section r+.4-1 (4) and the purposes of this ordinance, the West Memphis Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (6) The City Building Inspector shall maintain the records of all appeal actions including tcchni.cal information and report any variances to the T-'ederal Insurance Administration upon request. Section 4.4-2 Conditions for V~-rri_ances (1) Generally, variances may be issued for new construction and substantial improvements to Lie erected on a. lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section r+.4-1(4) have been fully considered. As the lot size incr. eases beyond the one- half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for t}Ze reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of historic Places, without regard to the procedures set forth in the remainder of this section. (3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood dis- charge would result. (4) Variances shall only be .issued upon a determination that the variance is the minimum necess~~ry, considering the flood hazard, to afford relief. (5) Variances shall only he i ~,;.ue~l u}~on: (i) a showing of good and sufficient cause; (ii) a determination that .failure to grant the variance would tll) result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nui- sances, cause fraud on or victimization of the public as identified in Section ~+.4-1(4), or conflict with existing local laws or ordinances. (6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost cif filoc~d insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Section 5 PROVISION`S FOR Fi~OOn HAZARD R1;D11CTION Section 5.1 GENERAL STANDARllS In all areas of special flood hazards the following standards are required: Section 5.1-1 Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral. movement by providing; over-the-top and frame ties to ground anchors. Special requirements shall be that: (i) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional ti.e per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring ~y.~tern be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored. Section 5.1-2 Construction Materials and Methods (1) All new construction and SllbStalltlal improvements shall be - • (l?.) constructed with materi~~rls and utility equipment resistant to flood damage. (2) A11. new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Section 5.1-3 Utilities All new and re lacement water su 1 s stems shall be (1) P PP Y Y designed to rninimize or eliminate infiltrat:ion of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (3) Un-site waste disposal. systems shell be lorated to avoid impairment to them or contamination from them during flooding. erection 5.1-4 Subdivision Proposals (1) All subdivision proposalsr shall be consistent with the need to rninimize flood damage; (2) All subd~.vi.;;i.on prol~o,~~a7.;~ .,h~~17 have public util i.ties and facilities such as sewer, ~;as, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision propos~~lr~ shall. have adequate drainage provided. to reriuce exposure t~ flood damage; and, (4) Base flood elevation data sha]_1 be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). Section 5.1-5 Encroachments l:n ~r l l arr.a.~ of special. Mood hazard in which base flood elevation data has bean provided, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall. not increase the water surface elevation of the base flood more than one foot at an_y point . Section 5.2 SPICLFIC S`1'ANI)AIZI)S in all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in Section 4.3-2, Use of Other Base Flood Data, the following standards are required: .~ (13) Section 5.2-1 Residential Construction New construction and substantial improvement of an_y residential structure shall have the lowest floor, inclucl inY; hasemc~nt, elevatccl to or above base flood elevation. ~. Section 5.2-2 Nonresidential Construction New construction I and substantial improvement of any commercial, industrial or """ other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls substanti.al].y impermeable to the passage of water; (2) have structural component;; capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section r+.3-3(2). Section 5.2-3 Mobile Homes (1) Mobile homes shall. be anchored in accordance with Section 5.1-1(2). (2 ) For new mobile home park,: ~~rnd rnobile home subdivisions ; for expansions to existing mobile home parks and mobile home subdivisions; for existing rnobile home parks and mobile home subdivisions where the r~el~a.ir, reconstruction or improvement of the streets, utilities and pads before the repair, recon- struction dr improvement has commenced; and for mobile homes not pl~~ced in a mobi 7 e home }><rt,k or mohi l c lromc~ suhdivisi.on, require that: (i) stands or lots are e]_cvated on compactr,d fi:11 or on pilings so that the lowest floor of the mob_i]_e home will be at or above the base flood level; (ii) adequate surface drain~~l;c and access .For a hauler are provided; and, (iii) in the instance of elevation on pilings, that: -lots are large enough to permit steps, ' (14) :' ... .. , ~~ ~w -piling foundations are placed in stable soil no more than ten feet apart, and -reinforcement is provided for pilings more than six feet above the ground level. Section 6 That all ordinances or parts of ordinances in conflict herewith are hereby repealed. '~ da of !/N"~' 1980. __ ADOPTED this ~__ Y _~ BY : / y T. Ferguson, Mayor l~TTfST ~.