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HomeMy WebLinkAbout1986-12-02 ORDINANCE # 2 AN ORDINANCE AMENDING THE CITY OF BATESVILLE, ARKANSAS FLOOD HAZARD PREVENTION CODE; REAFFIRMING THE FLOOD INSURANCE RATE MAPS AND FLOOD HAZARD BOUNDARY-FLOODWAY MAPS AND REVISIONS THERETO; PROVIDING FOR PENALTIES FOR VIOLATION OF SAID CODE; PROVIDING FOR THE FILING OF SAID CODE AND MAPS AND REVISIONS THERETO IN THE OFFICE OF THE CITY CLERK; AND FOR OTHER PURPOSES: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS : SECTION 1 : That the City of Batesville, Arkansas Flood Hazard Prevention Code adopted July 27, 1982, is hereby amended. Three ( 3 ) copies of said amended code have been placed on file in the office of the City Clerk and shall hereinafter remain on file in the office of the City Clerk and shall be opened to public inspection. That a copy of said amended code is attached hereto, marked EXHIBIT "A" and made a part hereof as though fully set out "herein word for word. That said amended code is hereby adopted word for word, paragraph for paragraph and hereinafter shall be the official Flood Hazard Prevention Code for the City of Batesville, Arkansas . SECTION 2 : That the Flood Insurance Rate Maps and Flood Hazard Boundry-Floodway Maps referred to in said amended code and any revisions thereto are hereby reaffirmed and adopted. That three ( 3 ) copies of each set of said maps are on file and shall remain on file in the office of the City Clerk and shall be opened to public inspection. SECTION 3 : No structure, building, fill or development shall hereinafter be constructed, located, extended, converted or altered without full compliance with the terms of said City of Batesville, Arkansas Flood Hazard Prevention Code as amended Eby this Ordinance and any other applicable regulation. Violation of the provisions of said code by failure to comply with any of its requirements ( including violations of conditions and safeguards, 'established in connection with conditions ) shall constitute a misdemeanor and any person or corporation who violates said code, :,as amended, or fails to comply with any of its requirements shall upon conviction thereof be fined not more than One-Hundred Dollars ( $100. 00 ) for each offense. Each day during which said violation exists shall be deemed a separate offense. Nothing herein contained shall prevent the City of Batesville, Arkansas or any ,other governmental agency or any private person from taking any other such lawful action as is necessary to prevent or remedy any violation. ADOPTED this �f day of1986 . . APPROVED: m Shirrell, Mayor ATTEST: Larry Williams, City Clerk CERTIFICATE ! i I, the undersigned, Larry Williams , City Clerk, do hereby 4wI certify that the above is a true and correct copy of an Ordinance duly adopted by the City Council of the City of Batesville, Arkansas, at a regular meeting duly convened at the Batesville City Hall on ��i Cc. . _�_; �( , 19 r , Larry Williams, City Clerk III (SEAL) I • CITY OF BATESVILLE, ARKANSAS FLOOD HAZARD ti PREVENTION CODE PREPARED FOR THE BATESVILLE CITY COUNCIL MAY, 1982 • ADOPTED: JULY 27 , 1982 REVISED: DECEMBER 9, 1986 • TITLE This Code shall be known, cited and referred to as : • THE CITY OF BATESVILLE, ARKANSAS FLOOD HAZARD PREVENTION CODE • CITY OF BATESVILLE, ARKANSAS FLOOD HAZARD PREVENTION CODE • TABLE OF CONTENTS ARTICLE I STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND METHODS. . . . . . . . . . . . . . . . . . . . 1 Section A. Statutory Authorization. . . . . . . . . . . . . . . . . . . . . . 1 Section B. Findings of Fact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section C. Statement of Purpose. . . . . . . . . . . . . . . . . . . . . . . . . 1 Section D. Methods of Reducing Flood Losses . . . . . . . . . . . . . 2 ARTICLE 2 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3 GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section A. Lands To Which This Code Applies. . . . . . . . . . . . . 7 Section B. Basis For Establishing The Areas of Special Flood Hazard. . . . . . . . . . . . . . . . . . . . . . . . . 7 Section C. Establishment of Development Permit. . . . . . . . . . 7 SectionD. Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section E. Abrogation and Greater Restrictions. . . . . . . . . . 7 Section F. Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section G. Warning and Disclaimer of Liability. . . . . . . . . . 8 ARTICLE 4 ADMINISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section A. Designation ofEnforcementOfficer/ Inspector. . • • • . . . . . . . . . . 9 Section B. Duties and Responsibilities of the Enforcement Officer/Inspector. . . . . . . . . . . . . . . . 9 Section C. Permit Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Section D. Variances Procedures . . . . . . . . . . . . . . . . . . . . . . . . .11 ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION. . . . . . . .14 Section A. General Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section B. Specific Standards. . . . . . . . . . . . . . . . . . . . . . . . . . .14 1. Residential Construction. . . . . . . . . . . . . . . . . . . . . 14 2 . Non-residential Construction. . . . . . . . . . . . . . . . . 15 3 . Manufactured Homes . . . . . . . . . . . . . . . . . . . . . . . . . . .15 4 . Floodways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . Elevation of Manufactured Homes . . . . . . . . . . . . . . 17 Section C. Standards For Areas of Shallow Flooding (AO Zones ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section D. Standards For Subdivision Proposals . . . . . . . . . . 18 ARTICLE 6 PENALTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 7 SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 CITY OF BATESVILLE, ARKANSAS FLOOD HAZARD PREVENTION CODE • ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSES AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Arkansas has pursuant to and by Act #629 of 1969, ARK. STAT. ANN. §21-1902 et seq. delegated the responsibility to local governmental units to adopt regu- lations designed to minimize flood losses. Therefore, the City Council of the City of Batesville, Arkansas, does ordain as follows : SECTION B. FINDINGS OF FACT: (1 ) The flood hazard areas of the City of Batesville, 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 pulic health, safety and general welfare. (2 ) These flood losses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood- proofed, or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE: It is the purpose of this Code 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) 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 general public ; ( 1 ) (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 flood plains ; (6 ) To 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 areas ; and, (7 ) To 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 Code 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 as such uses, be protected • against flood damage at the time of initial con- struction; ( 3 ) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accomodation 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 divert flood waters or which may increase flood hazards to other lands. ( 2 ) • ARTICLE 2 (W DEFINITIONS Unless specifically defined below, words or phrases used in this Code shall be interpreted to give them the meaning they have in common usage and to give this Code its most reason- able application. (1 ) APPEAL - means a request for a review of the enforcement officer/inspector' s interpretation of any provisions of this code or a request for a variance. (2 ) 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 or greater 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. (3 ) AREA OF SPECIAL FLOOD HAZARD - means the land in the flood plain 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 FHBM. After detailed remapping has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-99 , ( VO, or VI-30 . fir• (4 ) BASE FLOOD - means the flood having a one percent chance of being equalled or exceeded in any given year. (5 ) CRITICAL FEATURE - means an integral and readily identifi- able part of a flood protection system, without which the flood protection provided by the entire system would be compromised. (6 ) DEVELOPMENT - means any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures , mining, dredging, filling, grading, paving, excavation or drilling operations . (7 ) FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (A) The overflow of the inland or tidal waters . (b) The unusual and rapid accumulation or runoff of surface waters from any source. ( 3 ) ( 8 ) FLOOD HAZARD BOUNDARY MAP (FHBM) - means an official map of a community, issued by the Federal Insurance Admini- stration, where the areas within the boundaries of special flood hazards have been designated as Zone A. ( 9 ) FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Insurance Admini- stration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. (10 ) FLOOD INSURANCE STUDY - means the official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary - Floodway Map. (11 ) FLOODWAY - 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 one foot. (12 ) HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (13 ) LEVEE - means a man-made structure usually an earthen embankment, designed and constructed in accordance with ( sound engineering practices to contain, control, or divert �W the flow of water so as to provide protection from temporary flooding. (14 ) LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees , and associated structures, such as a closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. (15 ) LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement) . An unfinished or flood resistant enclosure, useable solely for parking of 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 this ordinance . (16 ) 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 trailers , travel trailers , and other similar Co ( 4 ) r tirr� vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include parked trailers , travel trailers, or other similar vehicles . fir► (17 ) 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. '• (18 ) MEAN SEA LEVEL - means for purposes of the National Flood Insurance Program, the National Geoditic Vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community' s Flood Insurance Rate Map are referenced. (19 ) MOBILE HOME - means manufactured home. ( 20 ) PROGRAM DEFICIENCY - means a defect in a community' s flood plain management regulations or administrative procedures that impairs effective implementation of these flood plain management regulations or of the standards established by Federal authority. (21 ) REMEDY A VIOLATION - means to bring the structure or other development into compliance with State or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, imple- menting the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. (22 ) START OF CONSTRUCTION - (includes substantial improvement) means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first place- ment of permanent construction of a structure on a site, such as pouring of slab or footings, the installation of piles, the construction of columns, or any other work 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 or filling; nor does it include the installation of streets and/or walkways ; nor does it include excavation for a basement, footage, piers , or foundations of the erection of temporary forms ; nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as willing units or not part of the main structure. (5 ) f ( 23 ) STRUCTURE - means a walled and roofed building that is principally above ground, including manufactured homes . `,. (24 ) SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, or improvement of a structure, the costs 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 structure has been damaged 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. This 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 Historic Places or a State Inventory of Historic Places. (25 ) VARIANCE - means a grant of relief to a person from the requirements of this code when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this code. (26 ) VIOLATION - means the failure of a structure or other development to be fully compliant with the community' s �r flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this code is presumed to be in violation until such time as that documentation is provided. ( 6 ) ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS CODE APPLIES This code shall apply to all areas of special flood hazard within the jurisdiction of the City of Batesville, Arkansas. SECTION B. BASIS FOR ESTABLISHING 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 Batesville, Arkansas" , dated February 16, 1982, with accompanying Flood Insurance Rate Maps and Flood Hazard Boundary-Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this code. That said FHBM' s are on file in tripli- cate in the office of the Batesville City Clerk located at 170 South 4th Street, Batesville, Arkansas 72501 . Said FHBM' s are incorporated herein as though fully set out herein at length. Said FHBM' s shall be identified by the signature of the Mayor attested by the City Clerk and bearing the seal of the City of Batesville, Arkansas and words of a nature referring to this code and sections of this code. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this code. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this code and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This code is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this code and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. This code does not allow or permit any use of land which is otherwise prohib- ited by any other City ordinance , regulation or code. SECTION F. INTERPRETATION i t In the interpretation and application of this code, all provisions shall be : ( 1 ) considered as minimum requirements ; ( 2 ) liberally constructed in favor of the governing body; and ( 3 ) deemed neither to limit nor repeal any other powers granted under State statutes . (7 ) SECTION G. WARNING AND DISCLAIMER OF LIABILITY • The degree of flood protection required by this code 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 code does not imply that land outside the areas of special flood hazards or uses permitted within such areas i� will be free from flooding or flood damages . This code shall not create liability on the part of the City of Batesville, Arkansas or any officer or employee thereof for any flood damages that result from reliance on this code or any administrative decision lawfully made thereunder. • ( 8 ) • ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF ENFORCEMENT OFFICER/INSPECTOR The Enforcement Officer/Inspector shall be appointed by the Mayor to administer and implement the provisions of this ordinance. SECTION B. DUTIES AND RESPONSIBILITIES OF THE ENFORCEMENT OFFICER/INSPECTOR Duties and responsibilities of the Enforcement Officer/Inspector shall include, but not be limited to: (1 ) Maintain and hold open for public inspection all records pertaining to the provisions of this code; (2 ) Review, approve or deny all applications for develop- ment permits required by Article 3 , Section C of this code ; (3 ) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required; (4 ) Where interpretation is needed as to the exact ( location of the boundaries of the areas of special �r flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions ) the Enforcement Officer/Inspector shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the inter- pretation as provided in Section D ( 2 ) of this Article; (5 ) Notify adjacent communities and the State Coordinating Agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (6 ) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (7 ) When base flood elevation data has not been provided in accordance with Article 3 , Section B, the Enforcement Officer/Inspector shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal , State or other source , in order to administer the provision of Article 5 . p ( 9 ) E E i I s P { (8 ) Shall obtain, review and reasonably utilize any • base flood elevation and floodway data available from a Federal, State or other source, as criteria for requiring that new construction, substantial improvements, or other development in Zone A meet the requirements of this code. SECTION C. PERMIT PROCEDURES (1 ) Application for a Development Permit shall be presented to the Enforcement Officer/Inspector on forms furnished by the City Clerk and may include, but not be limited to, plans in dupli- cate drawn to scale showing the locations, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, 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 seal level, of the lowest floor (including basement) of all proposed structures ; b. Elevation in relation to mean seal level to which any non-residential structure shall be flood proofed; C. A certificate from a registered professional • engineer or architect that the non-residential flood-proofed structure shall meet the flood- proofing criteria of Article 5, Section B ( 2 ) ; d. Description of the extent to which any water- course or natural drainage will be altered or relocated as a result of proposed development. (2 ) Approval or denial of a Development Permit by the Enforcement Officer/Inspector shall be based on all of the provisions of this code and the following relevant factors : a. The danger to life and property due to flooding or erosions 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 exist- ing and anticipated development ; (10 ) 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 street and bridges, and public utilities and facilities such as sewer, gas, electrical, and water system. e� 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; h. The necessity to the 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 com- prehensive plan for that area. SECTION D. VARIANCES PROCEDURES (1 ) The Appeal Board as established by the City of Batesville, Arkansas shall hear and render judgment on the requests ( for variances from the requirements of this code. fir► (2 ) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Enforcement Officer/Inspector in the enforcement or administration of this code. ( 3 ) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decisions in the courts of competent jurisdiction. (4 ) The Enforcement Officer/Inspector shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Admini- stration upon request. ( 5 ) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places of the State Inventory of Historic Places , without regard to the procedures set forth in the remainder of this section . `r ( 11 ) (6 ) Generally, variances may be issued for new construc- tion 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 code, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this code (Article 1, Sections C and D) . (8 ) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9 ) Prerequisites for granting variances : a. Variances shall only be issued upon a determination that the variance is the minimum necessary, consid- ering the flood hazard,l to afford relief . b. Variances shall only be issued upon (i ) a showing of 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 applicant to whom a variance is granted shall be given a written notice that the structure will be permitted to be built with a lowest floor elevation no more than two ( 2 ) feet 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. (10 ) a. The Appeal Board shall be composed of three residents of the City of Batesville, Arkansas , appointed by the Mayor and approved by the City Council . That said board members shall have the responsibilities and duties as set out in the Batesville, Arkansas Flood Hazard Prevention Code and shall serve for a term of five ( 5 ) years . ( 12 ) I 0 0 b. Appointments to the board shall be staggered. • The initial Appeal Board shall be composed of three ( 3 ) members, one board member serving from September 1 , 1982 , to September 1, 1983 , one serving from September 1 , 1982 , to September 1 , 1983 , and the third member serving from September 1 , 1982 , to September 1 , 1987 . At the expiration of the term the newly appointed member and members thereafter appointed will serve a full five year term. C. In the event a board member shall resign, die, be removed or otherwise unable to fulfill his term of office, the Mayor shall appoint a successor to complete that term, with the successor being approved by the City Council. d. A board member may be removed by a three-fourths (3/4 ) vote of the City Council for cause. e. The board member whose term shall expire first shall serve as chairman and the board member whose term shall expire next shall serve as secretary. f. The board shall meet as required but not less than once each quarter of the year. However, they shall not be required to meet more than once each month. • g. The City shall provide an adequate place for meetings of the board and supplies to conduct their meetings ; the secretary shall see that minutes of all meeting and actions taken are recorded and filed with the City Clerk and, if necessary, any other public official. h. All board members must be present to constitute a quarum and all members of the board shall have voting rights . ( 13 ) ARTICLE 5 . PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions '• are required: (1 ) All new construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movement of the structure; (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 and utility equipment resistant to flood damage; ( 4 ) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (5 ) New and replacement sanitary sewage systems shall • be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system and discharges from the systems into flood waters ; and, (6 ) All electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (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 has been provided as set forth in ( i ) Article 3 , Section B, ( ii ) Article 4 , Section B, ( 7 ) , or (iii ) Article 5 , Section D, ( 3 ) the following provisions are required : ( 1 ) Residential Construction - New Construction or substantial improvement of any residential struc- ture shall have the lowest floor, including base- ment, elevated to or above the base flood elevation. • ( 14 ) A registered professional engineer, architect, or land surveyor shall submit a certification to • the Enforcement Officer/Inspector that the standard of this subsection, as proposed in Article 4 , Section C (1 ) (a) , is satisfied. (2 ) Non-residential Construction - New Construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendent utility and sanitary facilities, be flood proofed so that below the base flood level the structure is water tight below the base flood level sub- stantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro- dynamic loads and effects of buoyancy. Where a non-residential structure is intended to be made water tight below the base flood level, (i ) a registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the con- struction, and shall specify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this section and • (ii ) a record of such certificates which includes the specific elevation ( in relation to mean sea level ) to which such structures are flood proofed shall be maintained with the Enforcement Officer/ Inspector designated to enforce the provisions of this code. ( 3 ) Manufactured Homes a. No manufactured home shall be placed in a floodway. b. All manufactured homes shall be anchored to resist floatation, collapse, or lateral movement. Specific requirements shall be: (i ) over-the-top ties at each of the four corners of the manufactured home with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side ; ( ii ) frame ties at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side ; ( 15 ) (iii ) all components of the anchoring system be capable of carrying a force of 4 , 800 pounds ; • (iv) any additions to the manufactured home be similarly anchored. C. For new manufactured home parks and subdivisions ; for expansions to existing manufactured home parks '• and subdivisions ; for existing manufactured home parks and subdivisions where the repair, recon- struction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets; utilities and pads before the repair, reconstruction of improvement has commenced; and for manufactured homes not placed in a manufactured home park or subdivision require: (i ) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level. A registered professional engineer, architect, or land surveyor shall sub- mit a certification to the Enforcement Officer/Inspector that the standards of this paragraph complies with Section B (1 ) of this Article. • (ii ) adequate surface drainage and access for a hauler are provided; and, (iii ) in the instance of elevation of pilings; (1 ) lots are large enough to permit steps, (2 ) pilings foundations are placed in stable soil no more than ten feet apart, and ( 3 ) reinforcement is provided for pilings more than six feet above the ground level. d. All manufactured homes to be placed within any Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement manufactured homes must be elevated and anchored to resist floatation, collapse or lateral movement. Methods of anchoring shall consist, at a minimum, of the anchoring requirements more fully set out above . ( 4 ) Floodways - located within areas of special flood hazard established in Article 3 , Section B are areas designated as floodways . Since the floodway is an ( 16 ) a 4 extremely hazardous area due to the velocity of • flood waters which carry debris, potential pro- jectiles and erosion potential, the following pro- visions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a professional registered engineer or architect is provided demonstrating that encroach- ments shall not result in any increase in flood levels during occurence of the base flood discharge. b. If Article 5, Section B (4 ) (a) above is satisfied, all new construction and sub- stantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. C. Prohibit the placement of any manufactured home. (5 ) All manufactured homes to be placed or substantially improved within Zones A-30, AH, and AE shall 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 anchored foundation system in accordance with anchoring provisions more fully set out above. SECTION C. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO 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 indeterminate; 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 : • ( 17 ) i (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 s� facilities be designated to that below the base flood level the structure is water- tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads or effects buoyancy. ( 3 ) A registered professional engineer or architect shall submit a certification to the Enforcement Officer/ Inspector that the standards of this Section, as proposed in Article 4 , Section C (1 ) (a) are satisfied. (4 ) Require within zones AH and AO, adequate drainage paths around structures on slopes, to guide flood- waters around and away from proposed structures . SECTION D. STANDARDS FOR SUBDIVISION PROPOSALS • (1 ) All subdivisions proposals shall be consistent with Article 1, Sections B, C and D of this code. (2 ) All proposals for the development of subdivisions shall meet Development Permit requirements of Article 3 , Section C, Article 4 , Section C, and the provisions of Article 5 of this code. ( 3 ) Base flood elevation data shall be provided for sub- division proposals and other proposed development which is greater than the lesser of 50 lots or 5 acres, if not otherwise provided pursuant to Article 3 , Section B or Article 4 , Section B (7 ) of this code. (4 ) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards . (5 ) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. ® ( 18 ) 0 ARTICLE 6 • PENALTIES No structure, building, fill or development shall hereinafter be constructed, located, extended, converted, or altered without full compliance with the terms of this code and other '• applicable regulations. Violation of the pp q provisions of this code by failure to comply with any of its requirements (including violations of conditions and safeguards, established in connec- tion with conditions ) shall constitute a misdemeanor and any person or corporation who violates this code or fails to comply with any of its requirements shall upon conviction thereof be fined not more than One Hundred Dollars ( $100 .00 ) for each offense. Each day during which such violation exists shall be deemed to be a separate offense. Nothing herein contained shall prevent the City of Batesville, Arkansas, or any other governmental agency or private person from taking such other lawful action as is necessary to prevent or remedy any violation. • • ( 19 ) ARTICLE 7 • SEVERABILITY If any part or parts of this code shall be declared to be un- constitutional, illegal or otherwise invalid for any reason, that part or parts shall be severed from the remaining valid portions of this code and those remaining portions shall be given full force and effect as if the invalid portions had never been a part of this code. • APPROVED: Ji irrell, Mayor ATTEST: Larry Williams, City Clerk PASSED: rr DATE: 12 ( 20 )