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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) Page Three 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 Page Four 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) Page Five