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