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AN ORDINANCE TO AMEND SECTION 5-18.2, RELATING TO DEVELOPMENT IN DESIGNATED FLOOR HAZARD AREAS WITHIN THE CITY OF JONESBORO, ARKANSAS, STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, OBJECTIVES, FLOOD INSURANCE RATE MAP (FIRM), FLOOD INSURANCE STUDY, FLOOD DAMAGE PREVENTION REGULATIONS, PENALTIES, AND EMERGENCY CLAUSE
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Section 1: Statutory Authorization: The legislature of the State of Arkansas has in statutes 19-2801 thru 19-2932 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Section 2: Findings of Fact: The flood hazard areas of Jonesboro, Arkansas are subject to periodic inundation which results in loss of lift and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected form flood damage also contributed to the flood loss.
Section 3: PURPOSE. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed.
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions
(5) To minimize damage to public facilities and utilities such as waster and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) To insure that potential buyers are notified that property is in an area of special flood hazard; and,
(8) To ensue that those who occupy the areas of special flood hazard assume responsibility for their actions.
Section 4: Objectives. In order to accomplish its purposes, this ordinance includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
Section 5: Flood Insurance Rate Map (firm). The City of Jonesboro does hereby adopt the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community, dated June 15, 1981.
Section 6: Flood Insurance Study. The City of Jonesboro does hereby adopt the official report, dated December 15, 1980 provided in which the Federal Insurance Administration has provided blood profiles, as well as the Flood Boundary Flood May and the water surface elevation of the base flood.
Section 7: Flood Damage Prevention Regulations. The City of Jonesboro does hereby adopt regulations dated June 1, 1981, administering the Flood Plain Management Program.
Section 8: Penalties. Any person, firm or corporation found guilty of violating any of the provisions of the Ordinance shall be fined for each such violation as provided by Act 629 of the 1969 General Assembly of Arkansas.
Section 9: Emergency Clause. This Ordinance being necessary for the preservation of the public peace, health, comfort, convenience, morals, safety, and welfare of the City of Jonesboro, Arkansas, an emergency is hereby declared to exist and this Ordinance shall be in full force from and after its passage and approval.
PASSED and ADOPTED this 15th day of June, 1981.