[HISTORY: Adopted by the City Council of the City of Charleston 5-5-2011 by Ord. No. 11-03. Amendments noted where applicable.]
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:
A. 
The Federal Emergency Management Agency (FEMA) has identified Special Flood Hazard Areas of Charleston in the current scientific and engineering report entitled "The Flood Insurance Study (FIS) for Franklin County, Arkansas and Incorporated Areas," dated August 2, 2011, with an effective Flood Insurance Rate Map (FIRM) dated August 2, 2011.
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 effect of floodplain developments which cause an increase in flood heights and velocities, and by the placement of inadequately elevated, inadequately floodproofed 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.
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.
A. 
There is hereby adopted by reference a "Flood Damage Prevention Code for Charleston, Arkansas," dated August 2, 2011.[1] The code shall include:
(1) 
Article 1, Definitions.
(2) 
Article 2, Administration.
(3) 
Article 3, Provisions for Flood Hazard Reduction.
[1]
Editor's Note: Subsections A(1) through (3), below, refer to the articles as numbered in the referenced code on file.
B. 
A copy of the referenced code shall be filed in the office of the City Clerk and shall be available for inspection and copying by any person during normal office hours.
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.
A. 
It is hereby found and declared by Charleston that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this chapter become effective on August 2, 2011.
B. 
Therefore, an emergency is hereby declared to exist, and this chapter, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after August 2, 2011.