It is the duty and responsibility of the Floodplain Administrator or his designee to:
(A) Obtain accreditation each year as required by A.C.A. § 14-268-106 through the state coordinating agency, which is the Arkansas Natural Resources Commission.
(B) Administer and implement the provisions of this code and other appropriate sections of 44 CFR (Emergency Management and Assistance-National Flood Insurance Program Regulations) as they pertain to floodplain management.
(C) Review applications for floodplain development permits to:
(1) Evaluate proposed projects for reasonable safety from flooding.
(2) Evaluate proposed projects for conformance with no adverse impact principles.
(3) Ensure that all other permits necessary (including Section 404 Wetlands Permits as required by the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) for proposed projects are obtained from the appropriate government agency prior to issuing a floodplain development permit; and
(4) Ensure that proposed projects conform to the applicable provisions of this code.
(D) Approve or deny applications for floodplain development permits based on:
(1) The proposed development's compliance or non-compliance with the provisions of this code.
(2) The expected flood elevation, flood water velocity, flood duration, rate of rise and sediment transport of the floodwaters expected at the proposed development site.
(3) The proposed development's potential to adversely impact life and property by changing flooding patterns, changing erosion rates, or being swept onto other lands by flood waters.
(4) The proposed development's susceptibility to flood damage.
(5) The proposed development's compatibility with existing and planned community development.
(6) The proposed development's accessibility by ordinary and emergency vehicles during flooding events.
(7) The anticipated costs of providing governmental services to the proposed development during and after flooding events, including maintenance and repair of streets, bridges, facilities, and public utilities such as sewer, gas, electrical and water systems.
(8) The proposed development's functionally dependent use.
(9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed development; and
(10) The relationship of the proposed use to the comprehensive plan for that area.
(E) Interpret, where needed, the exact location of the boundaries of special flood hazard areas whenever a mapped boundary appears to be different from actual field conditions. (The sole purpose of this interpretation is to determinate the applicability of the provisions of this code to the proposed project.)
(F) Notify adjacent communities and the state coordinating agency, which is the Arkansas Natural Resources Commission, a minimum of 60 days prior to any alteration or relocation of a watercourse and submit evidence of all such notifications to FEMA.
(G) Ensure that the flood carrying capacity within an altered or relocated portion of a watercourse is not diminished, and that the alteration or relocation does not adversely impact any other lands.
(H) Obtain, review, and reasonably utilize, whenever the current flood insurance study or current flood insurance rate map does not provide base flood elevation data, any base flood elevation data and floodway data available from any federal, state or other source. The Floodplain Administrator may obtain such data by requiring the applicant to submit it in conjunction with a floodplain development permit application. (The sole use of this data is the administration of the provisions of this code.)
(I) Inspect floodplain developments as necessary to ensure construction is in accordance with the application data that formed the basis for the decision to issue the floodplain development permit.
(J) Issue certificates of compliance.
(K) Maintain all records and documents pertaining to this code for public inspection.
(Ord. 2023-27, passed 11-21-23; Am. Ord. 2023-32, passed 12-19-23; Am. Ord. 2024-11, passed 6-18-24)