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Ordinance 2009-01

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AN ORDINANCE PROVIDING FOR THE
ESTABLISHMENT OF A FLOOD DAMAGE PREVENTION
PROGRAM FOR THE CITY OF JOHNSON, REPEALING
ORDINANCE 2008-07; AND FOR OTHER PURPOSES.
 


BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS:
SECTION 1. STATUTORY AUTHORITY
The Legislature of the State of Arkansas has in Ark. Code Ann. § 14-268-101 et seq.,
delegated the responsibility of local governmental units to adopt regulations to minimize flood losses. Therefore, the City of Johnson, Arkansas, does hereby ordain as follows:
SECTION 2. FINDINGS OF FACT
A. The Federal Emergency Management Agency (FEMA) has identified Special Flood Hazard
Areas of Johnson in the current scientific and engineering report entitled "The Flood
Insurance Study (FIS) for Washington County, Arkansas, and Incorporated Areas" dated
May 16, 2008, with an effective Flood Insurance Rate Map (FIRM) dated May 16, 2008.
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 unprotecd 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,

SECTION 3, STATEMENT OF PURPOSE
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.
SECTION 4. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of
Johnson.
SECTION 5. METHODS OF REDUCING FLOOD LOSSES
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.

Municipal/coj Flood Damage Prevention Ord
SECTION 6. FLOOD DAMAGE PREVENTION CODE ADOPTED BY REFERENCE.
There is hereby adopted by reference a "Flood Damage Prevention Code for Johnson,
Arkansas," dated May 16, 2008. The code shall include:
ARTICLE 1 DEFINITIONS
ARTICLE 2 ADMINISTRATION
ARTICLE 3 PROVISIONS FOR FLOOD HAZARD REDUCTION
A copy of the referenced code shall be filed in the office of the Recorder/Treasurer and
shall be available for inspection and copying by any person during normal office hours.
SECTION 7. ABROGATION AND GREATER RESTRICTIONS
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.
SECTIONS. INTERPRETATION
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.
SECTION 9. WARNING AND DISCLAIMER OF LIABILITY
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.

Municipal/coj Flood Damage Prevention Ord
SECTION 10. COMPLIANCE
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.
SECTION 11. PENALTY FOR NON-COMPLIANCE
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.
A. The Floodplain Administrator must enforce the provisions of this ordinance and is authorized to
B. Issue cease and desist orders on non-compliant floodplain development projects;
C. Issue citations for non-compliance;
D. Request that FEMA file a 1316 Action (Denial of Flood Insurance) against non-compliant properties; and
E. 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, guilt}' 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.
SECTION 12. SEVERABILITY
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 ordinance.
SECTION 13. EMERGENCY CLAUSE
It is hereby found and declared by the Johnson City Council 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
Municipal/coj Flood Damage Prevention Ord
to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately.
Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.