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HomeMy WebLinkAbout1988-02-01 ORDINANCE NO. 88--2-1 ® ORDINANCE AMENDING THE CITY OF BATESVILLE FLOOD HAZARD PREVENTION CODE AND FOR OTHER PURPOSES WHEREAS, the City of Batesville on July 27, 1982, adopted an Ordinance known as the City of Batesville, Arkansas, Flood Hazard Prevention Code, and; WHEREAS, there are certain amendments and additions that are required to clarify the existing code, now; BE IT THEREFORE CONSIDERED AND ORDAINED that the following additions are hereby incorporated into the Flood Hazard Prevention Code and made a part thereof as follows: ARTICLE 2-DEFINITIONS Article 2. of said Flood Hazard Prevention Ordinance shall be amended to add the following definitions: AREA OF SHALLOW FLOODING - means a designated A0, 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. FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding) . 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. 0 LEVEE SYSTEM - means a flood protection system which i✓ 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 . L014EST FLOOR - means the lowest floor of the lowest enclosed area (including basement) . An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building ' s lowest floor ; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60. 3 of the National Flood Insurance Program regulations . MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities . For flood plain management purposes the term "manufactured home " also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days . For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles . MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community ' s Flood Insurance Rate Map are referenced. 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 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 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 any 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 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 of temporary forms; nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as dwelling units or not part of the main structure . 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. VIOLATION - means the failure of a structure or other development to be fully complaint with the community ' s flood plain 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. • Article 4 of said Flood Hazard Prevention Ordinance shall be amended to add the following definitions: • Section B . Duties and Responsibilities of the Floodplain Administrator (9) When a regulatory floodway has not been designated, the Floodplain Administrator must required 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. Section C. Permit Procedures • l . e . Maintain a record of all such information in accordance with Article 4, Section (B) (1) . Section D. Variance Procedures (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 . Article 5 of said Flood Hazard Prevention Ordinance shall be amended to include the following changes and definitions: Section A. General Standards 4 . All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Section B. Specific Standards • 4. Manufactured Homes - a. Require that all manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage . For the purpose of the requirement, manufactured homes must be elevated and anchored to resist floatation, 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 . All manufactured homes shall be in compliance with Article 5, Section B (1) . • C . Required that all manufactured homes to be placed or substantially improved within Zones Al-30 , AH and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of sEction B (4) of this Article. -� This Ordinance adopted this ::�.�. . day of February, 1988 . APPROVED: . . . . . . . . . . . . . . . . . . . . . . ONORABLE JIM SHIRRELL MAYOR ATTEST: . . . . . LARRY AMS • CITY CLERK