Tontitown City Zoning Code
FLOOD DAMAGE
PREVENTION
§ 153.230 FLOOD DAMAGE PREVENTION AND STORM WATER MANAGEMENT.
Adequate provisions for drainage of surface water and storm water management shall be made for all development and redevelopment. Plans for such, including grading plans, for all commercial and industrial development, and all multi-family developments that contain five units or more, shall be submitted and considered as part of the site plan approval process. All such plans shall be prepared by a registered professional civil engineer, licensed in Arkansas, and submitted and considered as part of the site plan approval process. Such plans shall contain adequate and properly designed measures to control erosion and sediment discharge from the construction site, and to prevent water pollution that may result from such discharges and runoff. The provisions of this section shall also be applicable to all development and redevelopment impacting one acre or more of property, regardless of the type of development or use.
(Ord. 2017-05-635, passed 5-2-17)
§ 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)
§ 153.238 INTERPRETATION.
In the interpretation and application of this subchapter, 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.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.239 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this subchapter 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 subchapter will occur. In addition, flood heights may increase over time due to man-made or natural causes. This subchapter does not imply that land outside special flood hazard areas will be free from flooding, nor that strict adherence to this subchapter protects uses permitted within special flood hazard areas from all flood damages. This subchapter 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 subchapter, or from any lawful administrative decision made under the provisions of this subchapter.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.240 COMPLIANCE.
Constructing, locating, substantially altering or changing the use of any structure or land after the effective date of this subchapter requires full compliance with the provisions of this subchapter and all other applicable regulations.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.241 FEES.
The applicant shall pay the fee listed on the permit application, as adopted from time to time by City Council.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.242 PERMITS.
(A) Applicability. Any 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 must be approved via the current floodplain development permit application prior to any work within the special flood hazard area.
(B) Exemptions. No exemptions may be granted without a written request to the city Floodplain Administrator and approval by the appropriate board.
(C) Application.
(1) Application form. Completed and signed application form.
(2) Fee. Payment of fee as indicated on the application.
(D) Review and approval. Any floodplain development permit may not be completely reviewed until all associative documents and detailed study information has been made available to the Floodplain Administrator. Upon completion of the review a determination will be made to approve or deny the permit.
(Ord. 2017-05-635, passed 5-2-17)