ORD NO 01-2009 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. I -2009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS. AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT
OF A FLOOD DAMAGE PREVENTION PROGRAM FOR
VAN BUREN; TO PROVIDE FOR SEVERABILITY;
DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the Legislature of the State of Arkansas has in Ark. Code Ann. 14-268-101 el seq.,
delegated the responsibility of local governmental units to adopt Federal Emergency
Management Agency (FEMA) regulations to minimize flood losses; and
WHEREAS, the City of Van Buren has found that the purposes herein require immediate
attention, for the protection of the health, welfare and safety of the inhabitants of the
City of Van Buren, and as herein set out, an emergency exists and is hereby declared
to exist, and this ordinance shall be and become effective immediately upon this
passage and adoption by the City Council; and
WHEREAS, the City Council hereby finds that it is in the public interest to approve and adopt the
language herein, as part of the City Code, in compliance with FEMA requirements.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: FINDINGS OF FACT The following findings are adopted by the City Council for
the City of Van Buren:
A. The Federal Emergency Management Agency (FEMA) has identified Special Flood
Hazard Areas of Van Buren in the current scientific and engineering report entitled
"The Flood Insurance Study (FIS) for Crawford County, Arkansas," dated March 16,
2009, with an effective Flood Insurance Rate Map (FIRM) dated March 16, 2009.
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 offloodplain
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.
SECTION 2: 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 3: LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to
all Special Flood Hazard Areas within the jurisdiction of Van Buren, Arkansas
SECTION 4: 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.
SECTION 5: FLOOD DAMAGE PREVENTION CODE ADOPTED BY REFERENCE There
is hereby adopted by reference a `Flood Damage Prevention Code for Van Buren,
Arkansas," dated January 29, 2009. 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 City Clerk and shall
be available for inspection and copying by any person during normal office hours.
SECTION 6: 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.
SECTION 7: 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 8: 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.
SECTION 9: 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 10: PENALTY FOR NONCOMPLIANCE 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. The Floodplain Administrator must enforce the provisions of this
ordinance and is authorized to:
0 A. Issue cease and desist orders on non compliant floodplain development
projects;
B. Issue citations for non compliance;
C. Request that FEMA file a 1316 Action (Denial of Flood Insurance) against
non compliant properties; and
D. Take any other lawful action necessary to prevent or remedy any instance of
non compliance with the provisions of this ordinance.
E. It shall be a misdemeanor to violate or fail to comply with any provision of
this ordinance.
F. Any person found, in a court of competent jurisdiction, guilty 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 11: SEVERABILITY The various provisions and parts of this Ordinance are hereby
declared to be severable, and, if any section, clause, sentence, or phrase of this
ordinance. is declared to be unconstitutional, inappropriate, or invalid by any court
of competent jurisdiction, such holding shall not invalidate or affect the remainder
of this Ordinance and to that extent the provisions hereto are declared to be
severable.
SECTION 12: REPEALER CLAUSE All ordinances, resolutions or other acts of the City in
conflict with the terms hereof are repealed or amended to the extent of any such
conflict
SECTION 13: EMERGENCY CLAUSE It is hereby found and declared by Van Buren, Arkansas
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 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.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 6 for and D against, the foregoing Ordinance at its meeting
held on the 29 day of January 2009.
Robert D F i
i
ATTESTED: APPROVED AS TO FORM:
age /111
Barbie Curtis, City Clerk/Treasurer N. Donal Jenkins, r., Cit' .rney