1529AN ORDINANCE AMENDING JMC § 15.04 AND PROVIDING
MODIFICATION OF THE FLOOD DAMAGE PREVENTION PROGRAM OF THE
CITY OFJACKSONVILLE; DECLARINGAN EMERGENCY; AND, FOR OTHER
PURPOSES.
WHEREAS the Arkansas State Legislature has, in ACA §14-268-101 et.seq.,
delegated responsibility to local governments for adoption of regulations to minimize
flood losses, and;
WHEREAS, the Jacksonville Planning Commission and City Council have
reviewed the proposed recommended Flood Insurance Rate Map (FIRM). As a
result, the Commission recommends and the Council finds that said map and revised
policies are more efficient and better meet the needs and requirements of the City
of Jacksonville.
NOW THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY
couNcit & THE crTy & jA cKsoN vrL L E, ARKANSAS, THA T. -
SECTION ONE; IMC §15.04.010 (FINDINGS OF FACT) is hereby
amended and modified to include the following:
A. The Federal Emergency Management Agency (FEMA) has identified
Special Flood Hazard Areas of the City of Jacksonville, Arkansas in the current
scientific and engineering report entitled "The Flood Insurance Study (FIS) for
Pulaski County, Arkansas � and Unincorporated Areas" dated July 6, 2015, with an
effective Flood Insurance Rate Map (FIRM) dated that same date.
B. These Special Flood Hazard Areas are subject to periodic flooding
events that result in loss of life and property, pose health and safety hazards,
disrupt commerce and governmental services, and cause extraordinary public
expenditures for flood protection and relief, all of which adversely affect the public
health, safety and general welfare.
C. 'These periodic flooding events are exacerbated by the cumulative
effective of floodplain developments which cause an increase in flood heights and
velocities, and by the placement of inadequately elevated, inadequately flood -
roofed or otherwise unprotected structures or uses vulnerable to floods into Special
Flood Hazard Areas. Such structures or uses are inherently hazardous to other
lands because of their adverse impact on flooding events.
SECTION TWO; JMC §15.04.020 (STATEMENT OF PURPOSE) is
hereby amended and modified to include the following:
The purpose of this Code is to promote the public health, safety, and general
welfare, to prevent adverse impacts from any floodplain development activities, and
to minimize' public and private losses due to flooding events in identified Special
Flood Hazard Areas. This Code advances the stated purposes through provisions
designed to:
A. Protect human life and health;
B. Protect natural floodplains against unwise development;
C. Eliminate adverse impacts of necessary floodplain development;
D. Minimize expenditure of public monies on flood control projects*
E. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
F. Minimize prolonged business interruptions due to flooding events;
G. Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in
Special Flood Hazard Areas;
H. Minimize future flood blight areas to help maintain a stable tax base; and,
I. Provide for notice to potential buyers when property is in a Special Flood
Hazard Area.
SECTION THREE: JMC §15.04.030 (LANDS AFFECTED) is hereby
amended and modified to include the following
:
This Code shall arply to all Special Flood Areas within the jurisdiction
of the City of Jacksonville, Arkansas.
SECTION FOUR: IMC §15.04.040 (METHODS OF REDUCING
FLOOD LOSSES) is hereby amended and modified to include the following:
This Ordinance uses the following methods to accomplish the stated purpose:
A. This Code restricts or prohibits structures or uses in Special Flood Hazard
Areas that adversely impact health, safety, or propertyduring flooding events;
B. This Code requires protection against flood damage for structures or uses
vulnerable to floods at the time of initial construction, after substantial improvement
of the structure or afterubstantial damage has occurred;
C. This Ne controls the alteration of natural floodplai ns, stream channels,
and natural protective barriers involved in the accommodation an transport of flood
waters;
D. This Code controls floodplain development (structural development,
placement of manufactured structures, clearing grading, mining, drilling, dredging,
placement of fill, excavating, watercourse alteration, drainage improvements,
roadway or bridge construction individual water or sewer installations and other
activities which may increase flood damage by increasing flood elevations, flood
water
activities)
or flood discharge patterns; and
E. This bode regulates the construction of flood barriers which unnaturally
divert floodwaters or which may adversely impact other lands.
SECTION FIVE; JMC §15.04.050 (FLOOD DAMAGE PREVENTION
CODE ADOPTED BY REFERENCE) is hereby amended and modified to include the
following:
There is hereby adopted by reference a "Flood Damage Prevention Code for
the City of Jacksonville, Arkansas," dated 3/27/15. The Ede shall include at a
minimum
ARTICLE 1: DEFINITIONS
ARTICLE 2: ADMINISTRATION
ARTICLE 3: PROVISIONS FOR FLOOD HAZARD REDUCTION
ORDINANCE NO. 1529 (#09-2015)
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A copy of the referenced Code shall be filed in the City Engineer's office of
the City of Jacksonville, the City's designated Floodplain Administrator and shall be
available for inspection and copying by any person during normal office hours.
SECTION SIX.- JMC §15.04.060 (ABROGATION AND GREATER
RESTRICTIONS t
C is hereby amended and modified 6 include the following:
This Code does not repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. Whenever there is a conflict or overlap between
this Code provision and another Code provision, Ordinance, Easement, Covenant, or
Deed Restriction, the Instrument with the more stringent restrictions applies.
SECTION SEVEN.- JMC §15.04.070 (INTERPRETATION) is hereby
amended and modified to include the following:
In the interpretation and.application of 1his Code, all provisions must:
A. Be considered as minimum requirements;
B. Be liberally construed in favor of the governing body; and,
C. Be deemed to neither limit nor repeal any other powers granted under
Arkansas statutes.
SECTION EIGHT.- JMC §15.04.080 (WARNING AND DISCLAIMER OF
LIABILITY) is hereby amended and modified to inc ude the following:
The degree of flood protection required by these Code provisions are
considered reasonable for regulatory purposes. Documented scientific and
engineering data form the basis for thesements. However, on rare
occasions, flooding events greater than those considered to develop these Code
provisions will occur. In addition, flood heights may increase over time due to man-
made or natural causes/circumstances. Wese Code provisions do not imply that
land outside Special Flood Hazard Areas will be free from flooding nor that strict
adherence to theserovisions protects uses permitted within Special Flood Hazard
Areas from all flooTdamages. These Code provisions specifically do not create
liability on the part of the City, nor any official or employee of the City, for any flood
dampqes that result while strictly
tl following these provisions or from any lawful
administrative decision made under the provisions of these Codes.
SECTION NINE.- JMC 15.04.090 (COMPLIANCE) is hereby
amended and modified to include the followin'
Constructing, locating, substantially al?ering or changing the useof any
structure or land after the effective date of these Code provisions requires full
compliance with the provisions of this Code and all other applicable regulations.
SECTION TEN.- IMC §15.04.100 (PENALTIES FOR NON-
COMPLIANCE) is hereby amended and modified to include the following:
Flood hazards are reduced by compliance with the provisions or this Code.
Accordingly, enforcement of these provisions discourages non-compliance and is a
recognized mechanism for flood hazard reduction.
The Floodplain Administrator or his/her designated representative(s) must
enforce the provisions of this Code and is/are authorized to:
rW f'6%y
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A. Issue cease and desist orders on non-compliant floodplain development
projects;
B. Issue citations for non-compliance;
C. Request that FEMA file a 1316 Action (Denial of Flood Insurance) against
non-compliance with the provisions of this Code.
(1) It is a misdemeanor to violate or fail to comply with any provision
of these Code provisions.
(2) Any person found, in a court of competent jurisdiction, guiltyof
violating any or these Code provisions is subject to fines of not more than e
Hundred Dollars ($500.00) per day for each violation, together with payment of all
associated court costs and costs applicable.
SECTION 11: SEVERABILITY
If any court of competent jurisdiction finds that any section, clause, sentence,
or phrase of these Code provisions is invalid or unconstitutional, that finding in no
way affects the validity of the remaining portions of this Code.
SECTION 12., EMERGENCY CLAUSE
It is hereby found and declared that severe flooding has occurred in the past
within the City's jurisdiction and will certainly occur within the future and that
flooding may result in infliction of serious personal injury or death and is likely to
result in substantial injury or destruction of property within the City and its
jurisdiction. In order to effectively comply with minimum standards for coverage
under National Flood Insurance Program and in order to effectively re
situation described herein, it is necessary that this Ordinance become effective
immediately.
Therefore, an emergency is hereby declared to exist and this Ordinance
being necessaryfor the immediate preservation of the public peace, health and
r
safety, shall be in full force and effect from and after its passage and approval.
APPROVED AND ADOPTED THIS 21-5' DA Y OF MA Y, 2015.
ORDINANCE NO. 1529 (#09-2015)
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