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AN ORDINANCE AMENDING SECTIONS 9.1 AND 9.2 OF THE STORMWATER DRAINAGE DESIGN MANUAL WITH REGARD TO STRUCTURES IN ZONES AE, AH, AO, AND A
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WHEREAS, the City Council adopted a certain Technical Code entitled the Stormwater Drainage Design Manual on December 18, 2008 (ORD-08:099);
WHEREAS, the Federal Flood Risk Management Standard (FFRMS) which became effective September 9, 2024, and the Department of Housing and Urban Development (HUD) which will become effective January 1, 2025, implement a two-foot freeboard requirement for residential structures in the floodplain;
WHEREAS, the FFRMS also implement a two-foot freeboard requirement for nonresidential structures in the floodplain;
WHEREAS, in response to the above changes, the Stormwater Management Board recommends to amend Sections 9.1 and 9.2 of Stormwater Drainage Design Manual to raise freeboard requirements from one-foot to two-foot above the base flood level for residential and non-residential structures in Zones AE, AH, AO, and A.
NOW, THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS:
Section 1. That Section 9.1 of the Stormwater Drainage Design Manual be amended to the following:
(10) The design or location of electrical, heating, ventilation, plumbing, and air conditioning equipment for new structures, or for any improvements to an existing structure, must be elevated two (2) foot above the Base Flood Elevation (BFE);
Section 2. That Section 9.2 of the Stormwater Drainage Design Manual be amended to the following:
(1)(a)1. For all new residential structures, the top surface of the lowest floor must have an elevation (2 feet or more) above the published BFE. This elevation must be documented on an Elevation Certificate properly completed by a Professional Engineer or Surveyor licensed to practice in the State of Arkansas.
(1)(b)1.a. have the lowest floor (including basement) elevated (2 feet or more) above the base flood level or
(1)(c)1.d. 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 (2 feet or more) above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(1)(c)2.a. the lowest floor of the manufactured home is (2 feet or more) above the base flood elevation, or
(3)(a)1. All new residential structures must be constructed with the top surface of the lowest floor elevated (2 feet or more) above the published BFE, or (2 feet or more) above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM. This elevation must be documented on an Elevation Certificate properly completed by a Professional Engineer or Surveyor licensed to practice in the State of Arkansas.
(3)(b)1.a. have the top surface of the lowest floor elevated (2 feet or more) above the published BFE, or (2 feet or more) above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, with documentation on an Elevation Certificate properly completed by a Professional Engineer or Surveyor licensed to practice in the State of Arkansas; or
(3)(c)1.d. 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 (2 feet or more) above the published BFE, or (2 feet or more) above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(3)(d) Where FEMA has not established a regulatory floodway in Zones AH or AO, no Floodplain Development Permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 2 feet.
(4)(b)1. For all new residential structures, the top surface of the lowest floor must have an elevation (2 feet or more) above the BFE. This elevation must be documented on an Elevation Certificate properly completed by a Professional Engineer or Surveyor licensed to practice in the State of Arkansas.
(4)(c)1.a. have the lowest floor (including basement) elevated (2 feet or more) above the base flood level or
(4)(d)1.d. 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 (2 feet or more) above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(4)(d)2.a. the lowest floor of the manufactured home is (2 feet or more) above the base flood elevation, or
Section 3. That the provisions of this Ordinance are declared to be severable. In the event any portion or portions may be declared unconstitutional does not render the remaining provisions invalid. Further, all Ordinances and parts of Ordinances in conflict herewith are hereby repealed to the extent of said conflict.
Section 4: It is found and declared by the City Council that failure to pass and enforce this freeboard requirement could jeopardize housing loans backed by Federal dollars in the City of Jonesboro, as such, this ordinance being necessary for the preservation of the public peace, an emergency is hereby declared to exist and this ordinance shall take effect and be in full force from and after it’s passage and approval.
PASSED AND APPROVED THIS 21ST DAY OF JANUARY 2025.