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Ordinance 1999-03

AN ORDINANCE ADOPTING FLOOD LOSS.-AND FLOODPLAIN MANAGEMENT REGULATIONS
DECLARING SN EMERGENCY TO EXIST


FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the  State of Arkansas has in
(statutes)A.C.A. 14-268 101 et.seq delegated the responsibility of local
governmental units to adopt regulations designed to minimize flood losses.
Therefore, the City Council of Johnson ,
Arkansas  does ordain as follows :

SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Johnson, Arkansas are subject to
periodic inundation which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, and
extraordinary public expenditures for flood protection and relief, all of
which adversely affect the public health, safety and general welfare.
(2) These flood loses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood heights and
velocities, and by the occupancy of flood hazards areas by uses vulnerable to
floods and hazardous to other lands because they are inadequately elevated,
floodproofed or otherwise protected from flood damage.
SECTION C. 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 to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control
proj ects ;
(3) Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future flood
blight a-reas; and
(7) Insure that potential buyers are notified that property is in a flood
area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following
methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood heights or
velocities;
(2) Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of initial
construction;
(3) Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation of flood
waters;
(4) Control filling, grading, dredging and other development which may
increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will
unnaturally diverc flood waters or which may increase flood hazards to other
lands.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used, in this ordinance
shall be interpreted to give them the meaning they have in common usage and to
give this ordinance its most reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an
alluvial fan or similar landform which originates at the apex and is
characterized by high-velocity flows; active processes of erosion, sediment
transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the
flow path of the major stream that formed the fan becomes unpredictable and
alluvial fan flooding can occur.
AREA.OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent chance or
greater annual chance of flooding to an average depth of one to three feet
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. The area may be designated as Zone A on the Flood Hazard Boundary Map
(FHBM). After detailed ratemaking has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO,
Al-99, VO, VI-30, VE or V.
BASE FLOOD - means the flood having a one percent chance of being equalled or
exceeded in any given year.
BASEMENT - means any area of the building having its floor subgrade (below
ground level) on all sides.
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.
DEVELOPMENT - means any man-made change in improved and unimproved real
estate, including but not; limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or
storage of equipment or materials.
ELEVATED BUILDING - means a nonbasement building (i) built, 'in the case of a
building in Zones Al-30, AE, A, A99, AO, .-, H. = , C, X, and D, to have the top
of the elevated floor, or in the case of 5 building in Zones Vl-30, VE, or V,
to have the bottom of the lowest horizontal structure member of the elevated
floor elevated above the ground level by rr.ear.= of pilings, columns (posts and
piers), or shear walls parallel to the floor cf 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 flood. In the case of Zones Al-30,
AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a
building elevated by means o£ fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of flood waters. In
the case of Zones Vl-30, VE, or v, "elevated building" also includes 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
met the standards of Section 60.3(e)(5) of the National Flood Insurance
Program regulations.
EXISTING CONSTRUCTION - means tor the purposes of determining rates,
structures for which the "start of: construction" commenced before the
effective date of the FIRM or before January I, 1975, for FIRMs effective
before that date. "Existing construction" may also be referred to as
"existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home
park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed before
the effective date of the floodplain management regulations adopted by a
community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the
preparation of additional sites by the ccnstraction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
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 v/aters.
(2) the unusual and rapid accumulation cr runoff of surface waters from
any source.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, water
surface elevation of the base flood, as well as the Flood Boundary-Floodway
Map.
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being
inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but
not limited to emergency preparedness plans, flood control works and
floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances
(such as a floodplain ordinance, grading ordinance and erosion control
ordinance) and other applications of police power. The term describes such
state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - means Chose 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 associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These
specialized flood modifying works are those constructed in conformance with
sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY (REGULATORY FLOODHAY) - means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
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.
HISTORIC STRUCTURE - means any structure that is:
(a) Listed individually in the National Register of Historic Places (a
listing maintained by the Department of Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic
district or a district preliminarily determined by the Secretary to qualify as
a registered historic district;
(c) Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the Secretary
of Interior; or
(d.) Individually listed on a local inventory or historic places in
communities with historic preservation programs that have been certified
either:
(1) By an approved state program as determined by the Secretary of
the Interior or;
(2) Directly by the Secretary of the Interior in states without
approved'programs.
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. The term
"manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
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 Insura'nce Rate Map are
referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM or after December 31, 1974, whichever is
later, and includes any subsequent improvements to such structures. For
floodplain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date of a
floodplain management regulation adopted by a community and includes any
subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the
effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis;
(ii) 400 square feet or less when measured at the largest horizontal
projections; (iii) designed to be self-propelled or permanently towable by a
light duty truck; and (iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel,
or seasonal use.
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)) ,
includes substantial improvement and means the date the building permit was
issued, provided the accual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180 days
of the permit date. The actual start means either the first placement of .
permanent construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns, or anywork
beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for basement,
footings, piers or foundations or the erection o£ temporary forms; nor does it
include the installation on the property of accessory buildings, such as
garaaes or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
STRUCTURE - means a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured
home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure
whereby the cost o£ restoring the structure to its before damaged condition
would equal or exceed 50 percent of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before "start of construction" of
the improvement. This includes structures which have incurred "substantial
damage", regardless of the actual repair work performed. The term does not,
however, include either: (1) Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement
official and which are the minimum necessary conditions or (2) Any alteration
of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
VARIANCE - is a grant of relief to a person from the requirement of this
ordinance when specific enforcement would result in unnecessary hardship. A
variance, therefore, permits construction or development in a manner otherwise
prohibited by this ordinance. (For full requirements see Section 60.6 of the
National Flood Insurance Program regulations.)
VIOLATION - means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in Section 60.3 (b) (5) , (c) (4) ,
(c) (10) , (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 floodplains of coastal or
riverine areas.
ARTICLE 3
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall aoply to all areas of special flood hazard with the
jurisdiction of Johnson, Arkansas .
{communi ty)
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 entitled, "The Flood
insurance study for Johnson, Arkansas , " dated 7^21-99 -
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 C. ESTABLISHMENT OE DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance wich the
provisions of this ordinance.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use
changed wichout full compliance with the terms of this ordinance and other
applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restriccions. However, where this ordinance and
another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall
be; (1) considered as minimum requirements; (2) liberally construed in favor
of the governing body; and (3) deemed neither to limit nor repeal any other
powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. On rare occasions greater floods can and will occur and 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 community or any
official or employee thereof for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made thereunder.
ARTICLE 4
ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Mayor or his desiqnee is hereby appointed the Flooclplain
Administrator to administer and implement the provisions of this ordinance and
other appropriate sections on 44 CFR (National Flood Insurance Program
Regulations) pertaining to floodplain management.
SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining
to the provisions of this ordinance.
(2) Review permit application to determine whether proposed building
site, including the placement of manufactured homes, will be reasonably safe
from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local governmental
agencies (including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for example, where there
appears to be a conflict between a mapped boundary and actual field
conditions) the Floodplain Administrator shall make the necessary
interpretation.
(6} Notify, in riverine situations, adjacent communities and the State
Coordinating Agency which is A.S.W.C.C.  prior to any
alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
(7) Assure 'that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance
with Article 3, Section B, the Floodplain Administrator 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.
(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted within Zones Al-30
and AE on the community's FIRM, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the
base flood more than one foot at any point within the community.
(10) Under the provisions of 44 CrR Chapter 1, Section 65.12, of the
National Flood Insurance Program regulations, a community may approve certain
development in Zones A1-3Q, AE, AH, on the community's FIRM which increases
the water surface elevation of the base flood by more than one foot, provided
that the community first applies for a conditional FIRM revision through
FEMA.
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the
Floodplain Administrator on forms furnished by him/her and may include, but
not be limited to, plans in duplicate drawn to scale showing the location,
dimensions, and elevation of proposed landscape alterations, existing and
proposed structures, including the placement of manufactured homes, and the
location of the foregoing in relation to areas of special flood hazard.
Additionally, the following information is required:
a. Elevation (in relation to mean sea level), of the lowest floor
(including basement) of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any
nonresidential structure shall be floodproofed;
c. A certificate from a registered professional engineer or
architect that the nonresidential floodproofed structure shall meet the
floodproofing criteria of Article 5, Section B(2);
d. Description of the extent to which any watercourse or natural
drainage v/ill be altered or relocated as a result of proposed development.
e. Maintain a record of all such information in accordance with
Article 4, Section (B) (1).
(2) Approval or denial of a Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this ordinance and
the following relevant factors:
a. The danger to life and property due to flooding or erosion
damage;
b. The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the
injury of others;
d. The compatibility of the proposed use with existing and
anticipated development;
e. The safety of access to the property in times of flood for
ordinary and emergency vehicles;
f. The costs of providing governmental services during and after
flood conditions including maintenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas, electrical and water
systems;
g. The expected heights, velocity, duration, rate of rise and
sediment•transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
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h. The necessity to Che facility of a waterfront location, where
applicable;
i. The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan
for that area.
SECTION D. VARIANCE PROCEDURES
(1) The appeal Board as established by the community shall hear and
render judgement on requests £or variances from the requirements of this
ordinance.
(2) The Appeal Board shall hear and render judgement on an appeal only
when it is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the enforcement or
administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Appeal Board
may appeal such decision in the courts o£ competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency
Management Agency upon request.
(5) Variances may be issued for the 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 ordinance.
(6) Variances may be issued for new construction and substantial
improvements to be 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 the relevant factors in Section C(2) of
this Article have been fully considered. As the lot size increases beyond the
one-half acre, the technical justification required for issuing the variance
increases.
(7) Upon consideration of the factors noted above and the intent of this
ordinance, the Appeal Board may attach such conditions to the granting of
variances as it deems necessary to further the purpose and objectives of this
ordinance (Article 1, Section C).
(8) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the historic
character and design of the structure.
(10) Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford
relief.
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b. Variances shall only be issued upon, (i) showing a good and
sufficient cause; (ii) a determination that failure to grant the variance
would 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 nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
c. Any application to whom a variance is granted shall be given
written notice that the structure will be permitted to be built with the
lowest floor elevation below the base flood elevation, and that the cost of
flood insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation.
(11) Variances may be issued by a community 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 ( l ) - ( 9 ) are met, and ( i i ) 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 E. PENALTIES FOR NONCOMPLIANCE
Mo 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 misdemeanor. Any person who
violates this ordinance or fails to comply with any of its
requirements shall upon conviction thereof be fined not more
than $100.00 or imprisoned for not more than five days or both,
for each violation, and in addition shall pay all costs and
expenses involved in the case. Nothing herein contained shall
prevent Johnson, Arkansas from taking such other lawful action
as- is necessary to prevent or remedy any violation.
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ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required
for all new construction and substantial improvements.
(1) All new construction or substantial improvements shall be designed
(or modified.) and adequately anchored to prevent: flotation, collapse or
lateral movement of the scruccure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
{3} All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities chat are designed and/or located so as
to prevent water from encering or accumulating within the components during
conditions of flooding.
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharge from the systems into flood waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data hag been
provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section
B(8), or (iii) Article 5, Section C(3), the following provisions are required:
(1) Residential Construction - new construction and substantial
improvement of any residential structure shall have the lowest floor
(including basement), elevated to or above the base flood elevation. A
registered professional engineer, architect, or land surveyor shall submit a
certification to the Floodplain Administrator that the standard of this
subsection as proposed in Article 4, Section C(l)a., is satisfied.
(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 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 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 certification
which includes the specific elevation (in relation to mean sea level) to which
such structures are floodproofed shall be maintained by the Floodplain
Administrator.
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(3) Enclosures - new construction and substantial improvements, with
fully enclosed areas below the lowest floor that are usable solely for parking
of vehicles, building access or storage in an area other than a basement and
which are subject to flooding shall be designed co automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this requirement 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 automatic entry and exit of
floodwaters.
(4) Manufactured Homes -
a. Require that all manufactured homes to be placed within Zone A on a
community's FHBM or FIRM shall be installed using methods and practices which
minimize flood damage. For the purposes of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, 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. Require that manufactured homes that are placed or substantially
improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i)
outside of a manufactured home park or subdivision, (ii) in a new manufactured
home park or subdivision, (iii) in an expansion to an existing manufactured
home park or subdivision, or (iv) in an existing manufactured home park or
subdivision on which a manufactured home has incurred "substantial damage" as
a result of a flood, be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated to or above the base flood
elevation and be securely anchored to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement.
c. Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision with Zones Al-30,
AH and AE on the community's FIRM that are not subject to the provisions of
paragraph (4) of this section be elevated so that either:
(i) the lowest floor of the manufactured home is at or above the
base flood elevation, or^
(ii) the manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that are no less
than 36 inches in height above grade and be securely anchored to an adequately
anchored foundation syscem to resist flotation, collapse-, and lateral
movement.
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(5) Recreational Vehicles - Require that recreational vehicles placed on
sites within Zones Al-30, AH, and AE on the community's FIRM either (i) be on
the site for fewer than 180 consecutive days, (ii) be fully licensed and ready
for highway use, or (iii) meet the permit requirements of Article 4, Section
C(l) , and the elevation and anchoring requirements for "manufactured homes" in
paragraph (4) of this section. A recreational vehicle is ready Cor highway
use if it is on its wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices, and has no permanently
attached additions.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of 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 the
placement of 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 the placement of
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 the placement of manufactured
home parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
(5) All subdivision proposals including the placement of 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 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 1 to 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 feet if no depth number is specified).
(2) All new construction and substantial improvements of non-residential
structures;
(i) 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 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.
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(3) A registered professional engineer or architect shall submit a
to the Floodplain Administrator that the standards of this
Section, as proposed in Article 4, Section C (1)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 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 within the adopted regulatory
floodway unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(2) IE Article 5, Section E (1) above is satisfied, all new construction
and substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Regulations, a community may permit encroachments
within the adopted regulatory floodway that would result in an increase in
base flood elevations, provided that the community first applies for a
conditional FIRM and floodway revision through FEMA.
CERTIFICATION
It is hereby found and declared by Jonnson, Arkansas
(community)
that severe flooding has occurred in the past within its jurisdiction and will
certainly occur within the future; that flooding is likely to result in
infliction of serious personal injury or death, and is likely to result in
substantial injury or destruction of property within its jurisdiction; in
order to effectively comply wich minimum standards for coverage under the
National Flood Insurance Program; and in order to effectively remedy the
situation described herein, it is necessary that this ordinance become
effective immediately.
Therefore, an emergency is hereby declared to exist, and this ordinance, being
necessary for the immediate preservation of the public peace, health and
safety, shall be in full force and effect from and after its passage and
approval.