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AN ORDINANCE TO SPECIFY DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
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WHEREAS, the City Council of the City of Jonesboro appointed the City Engineer as Floodplain Administrator by adopting RES-07:2568
WHEREAS, certain enforcement guidelines to clarify the enforcement authority of the Floodplain Administrator were adopted by ORD-06:66
WHEREAS, existing enforcement guidelines need to be clarified and specific duties and responsibilities of the Floodplain Administrator set forth.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS THAT:
SECTION 1. That the following be added as Section 16.6.9 to the Jonesboro Municipal Code
16.9 FLOODPLAIN ADMINISTRATOR
16.9.1 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Engineer of the City of Jonesboro, Arkansas is hereby appointed the Floodplain Administrator.
16.9.2 DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
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. ยง14-268-106 through the State Coordinating Agency, which is the Arkansas Natural Resources Commission.
B. Administer and implement the provisions of the Stormwater Management Drainage Ordinance 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 the Stormwater Management Drainage Ordinance and the appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) as they pertain to floodplain management.
D. Approve or deny applications for Floodplain Development Permits on the basis of:
1. The proposed development's compliance or non-compliance with the provisions of the Stormwater Management Drainage Ordinance;
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.mThe relationship of the proposed use to the comprehensive plan for that area.
E. Interpret 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 determine the applicability of the provisions of this Ordinance to the proposed project.)
F. Notify adjacent communities and the State Coordinating Agency, which is the Arkansas National 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 Ordinance.)
I. Inspect floodplain development 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 Compliance Letter based upon the review of the Stormwater Management plan or construction plans as prepared and certified by the Engineer of Record for a project.
K. Maintain all records and documents pertaining to this Ordinance for public inspection.
16.9.3 AUTHORITY
The Floodplain Administrator is the local authority over the floodplains within the City of Jonesboro Planning Jurisdiction with enforcement authority as prescribed in the Stormwater Management Drainage Ordinance. The Floodplain Administrator is specifically authorized to request any and all additional information and submittals including CLOMRs from Developers as deemed necessary to successfully manage the floodplains with the City of Jonesboro Planning Jurisdiction.
Appeals of any decisions rendered by the Floodplain Administrator shall be in accordance with the Stormwater Drainage Ordinance.
SECTION 2. That the provisions of this Ordinance are declared to be severable. In the event any portion of portions may be declared unconstitutional does no render the remaining provisions invalid. Further, all Ordinances and parts of Ordinances in conflict herewith are hereby repealed to the extent of said conflict.
SECTION 3. The Mayor and the City Clerk are hereby authorized by the City Council for the City of Jonesboro to adopt the above referenced Administration of Floodplain Management and Duties and Responsibilities for the Floodplain Administrator.
PASSED AND APPROVED this 17th day of March, 2009.