The Legislature of the State of Arkansas has in A.C.A. § 14-268-101
et seq., delegated the responsibility of local governmental units
to adopt regulations to minimize flood losses. Therefore, the City
Council of Lincoln, Arkansas, does hereby ordain as follows.
The purpose of this ordinance 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
ordinance advances the stated purpose 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.
The ordinance shall apply to all special flood hazard areas
within the jurisdiction of Lincoln, Arkansas.
This ordinance uses the following methods to accomplish the
stated purpose:
A. This ordinance restricts or prohibits structures or uses in special
flood hazard areas that adversely impact health, safety or property
during flooding events;
B. This ordinance requires protection against flood damage for structures
or uses vulnerable to floods at the time of initial construction,
or after substantial improvement of the structure, or after substantial
damage has occurred;
C. This ordinance controls the alteration of natural floodplains, stream
channels and natural protective barriers which are involved in the
accommodation and transport of flood waters;
D. This ordinance 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 velocities, or
flood discharge patterns;
E. This ordinance regulates the construction of flood barriers which
unnaturally divert floodwaters or which may adversely impact other
lands.
There is hereby adopted by reference a "Flood Damage Prevention
Code Lincoln, Arkansas," dated September 19, 2023. The code shall
include:
ARTICLE 1 DEFINITIONS
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ARTICLE 2 ADMINISTRATION
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ARTICLE 3 PROVISIONS FOR FLOOD HAZARD REDUCTION
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A copy of the referenced code shall be filed in the office of
the Floodplain Administrator and shall be available for inspection
and copying by any person during normal office hours.
This ordinance does not repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. Whenever there is a conflict
or overlap between this ordinance and another ordinance, easement,
covenant, or deed restriction, the instrument with the more stringent
restrictions applies.
In the interpretation and application of this ordinance, 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
State statutes.
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes. Documented scientific
and engineering data form the basis for these requirements. On rare
occasions, flooding events greater than those considered for this
ordinance will occur. In addition, flood heights may increase over
time due to man-made or natural causes. This ordinance does not imply
that land outside special flood hazard areas will be free from flooding,
nor that strict adherence to this ordinance protects uses permitted
within special flood hazard areas from all flood damages. This ordinance
specifically does not create liability on the part of the community,
nor any official or employee of the community, for any flood damages
that result while strictly following this ordinance, or from any lawful
administrative decision made under the provisions of this ordinance.
Constructing, locating, substantially altering or changing the
use of any structure or land after the effective date of this ordinance
requires full compliance with the provisions of this ordinance and
all other applicable regulations.
Flood hazards are reduced by compliance with the provisions
of this code. Accordingly, enforcement of this ordinance discourages
non-compliance and is a recognized mechanism for flood hazard reduction.
The Floodplain Administrator must enforce the provisions of
this ordinance and is authorized to:
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-compliant properties; and
D. Take any other lawful action necessary to prevent or remedy any instance
of non-compliance with the provisions of this ordinance.
(1)
It is a misdemeanor to violate or fail to comply with any provision
of this ordinance.
(2)
Any person found, in a court of competent jurisdiction, guilty
of violating this ordinance is subject to fines of not more than $500
per day for each violation; in addition, the defendant is subject
to payment of all associated court costs and costs involved in the
case.