§ 153.231 STATUTORY AUTHORITY.

   The Legislature of the State of Arkansas has in A.C. §§ 14-268-101 et seq. delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows in this subchapter.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.232 FINDINGS OF FACT.

   (A)   The Federal Emergency Management Agency (FEMA) has identified special flood hazard areas of Tontitown in the current scientific and engineering report entitled "The Flood Insurance Study (FIS) for Washington County, Arkansas" which is the most recent approved revision of the Flood Insurance Rate Map (FIRM).

   (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 flood proofed 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.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.233 STATEMENT OF PURPOSE.

   The purpose of this subchapter 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 subchapter 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.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.234 LANDS TO WHICH THIS SUBCHAPTER APPLIES.

   This subchapter shall apply to all special flood hazard areas within the jurisdiction of the city.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.235 METHODS OF REDUCING FLOOD LOSSES.

   This subchapter uses the following methods to accomplish the stated purpose:

   (A)   This subchapter restricts or prohibits structures or uses in special flood hazard areas that adversely impact health, safety or property during flooding events;

   (B)   This subchapter 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 subchapter 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 subchapter 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 subchapter regulates the construction of flood barriers which unnaturally divert floodwaters or which may adversely impact other lands.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.236 FLOOD DAMAGE PREVENTION CODE ADOPTED BY REFERENCE.

   There is hereby adopted by reference a "Flood Damage Prevention Code for the City of Tontitown, Arkansas," dated August 28, 2007. The code shall be available for inspection and copying by any person during normal office hours.

(Ord. 2017-05-635, passed 5-2-17)

§ 153.237 ABROGATION AND GREATER RESTRICTIONS.

   This subchapter does not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Whenever there is a conflict or overlap between this subchapter and another ordinance, easement, covenant, or deed restriction, the instrument with the more stringent restrictions applies.

(Ord. 2017-05-635, passed 5-2-17)