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 Charleston, Arkansas, does hereby ordain as follows:
The purpose of this chapter 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
chapter 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 chapter shall apply to all special flood hazard areas within
the jurisdiction of Charleston.
This chapter uses the following methods to accomplish the stated
purpose:
A. This chapter restricts or prohibits structures or uses in special
flood hazard areas that adversely impact health, safety or property
during flooding events;
B. This chapter 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 chapter controls the alteration of natural floodplains, stream
channels and natural protective barriers which are involved in the
accommodation and transport of floodwaters;
D. This chapter 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 chapter regulates the construction of flood barriers which unnaturally
divert floodwaters or which may adversely impact other lands.
This chapter does not repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. Whenever there is a conflict
or overlap between this chapter and another ordinance, easement, covenant,
or deed restriction, the instrument with the more stringent restrictions
applies.
In the interpretation and application of this chapter, 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 chapter 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 chapter will occur.
In addition, flood heights may increase over time due to man-made
or natural causes. This chapter does not imply that land outside special
flood hazard areas will be free from flooding, nor that strict adherence
to this chapter protects uses permitted within special flood hazard
areas from all flood damages. This chapter 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 chapter, or from any lawful administrative decision
made under the provisions of this chapter.
Constructing, locating, substantially altering or changing the
use of any structure or land after the effective date of this chapter
requires full compliance with the provisions of this chapter and all
other applicable regulations.
Flood hazards are reduced by compliance with the provisions
of this code. Accordingly, enforcement of this chapter discourages
noncompliance and is a recognized mechanism for flood hazard reduction.
A. The Floodplain Administrator must enforce the provisions of this
chapter and is authorized to:
(1) Issue
cease-and-desist orders on noncompliant floodplain development projects;
(2) Issue
citations for noncompliance;
(3) Request
that FEMA file a 1316 Action (Denial of Flood Insurance) against noncompliant
properties; and
(4) Take
any other lawful action necessary to prevent or remedy any instance
of noncompliance with the provisions of this chapter.
B. It is
a misdemeanor to violate or fail to comply with any provision of this
chapter.
C. Any person
found, in a court of competent jurisdiction, guilty of violating this
chapter 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.
If any court of competent jurisdiction finds that any section,
clause, sentence, or phrase of this ordinance is invalid or unconstitutional,
that finding in no way affects the validity of the remaining portions
of this chapter.