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Home My WebLink AboutOrdinance 3240 FILED FOR RECORD 087 JRN 29 Pfd 3 41 0MDMNCE ND. 34INCTON COUNTY AR ALMA KLOLL �L1MERYER MICROFILMED AN ORDINANCE AMENDING CHAPTER 21 OF TA TAY�1'1` Iffi CODE OF ORDINANCES TO PROVIDE THAT NO WASTEWATER GENERATED BY DEVELOPMENT LOCATED IN THE 100 YEAR FLOOD PLAIN SHALL BE TRANSPORTED OR TREATED BY y FACILITIES CONSTRUCTED UNDER EPA PROJECT NO , C-050366-01 FOR A PERIOD OF 50 YEARS . BE IT M AUZM BY THE BOARD OF DIRECTM OF THE CITY OF FAYEITML E, .� ARKANSAS : iJ Section 1 . That Chapter 21 of the Fayetteville Code of Ordinances is hereby amended by adding Section 21-97 to read as follows : Sec . 21-97 . Wastewater generated by development located in 100 year flood plain not to be transported or treated by facilities constructed under EPA Project No. C-050366-01 for 50 years . ( a ) No wastewater generated by development located in the 100 year flood plain shall be transported or treated by facilities constructed under EPA Project No . C-050366-01 for a period of 50 years from January 1 , 1987 , except that service may be provided to : ( 1 ) Areas of existing development in a flood plain ; ( 2 ) Commercial or public facilities which by nature must be located in a flood plain ; ( 3 ) Areas of projected growth if the Environmental Information Document for EPA Project No. C-050366-01 demonstrates that proposed development will be consistent with the flood plain management criteria for flood prone areas ( 44 C . F . R. § 60 . 3 ) of the Federal Emergency Management Agency ( FEMA ) and will have no significant impacts on natural functions and values of the flood plain ; or ( 4 ) An area of projected growth if an Environmental Impact Statement demonstrates that there is no practicable alternative to such growth, that such growth will be consistent with the flood plain management criteria for flood prone areas ( 44 C . F . R. 60 . 3 ) of FEMA , and that the benefits of such growth outweigh its environmental costs . LIBER1211 PAGE 630 -2- ( b ) : tThe term ; !'area of existing development" means an area which , at the time EPA issued a finding of no significant impact • - i foriEPA -Project No. C-050366-01 was : - ( 1 ) as : -( 1 ) occupied by existing structures • or - facilities ; - , ' n ( 2 ) Substantially surrounded by existing structures or facilities and which serves no significant independent natural flood plain function ; or ( 3 ) Characterized by substantial investment in public infra- structure but which is only partially occupied by structures or facilities . PASS® AND APPROVED this 20 day of January 1987 . APPROVED By . Mayor `T 0} ' by Icv ` fes= ()BERIM PAGE 6.31 1, Alma Kcl!mcycr, Circuit Clark and CERTIFICATE OF RECORD ' ' iEx•officio Becmder ler Washington Countyr Arkansas, do hereby [brity th I this id• C !20'. StgteJ of Arkansas ,, 4 sysb[N - I :g - , ? _! 7 .0 'r .,,sltament Waslldad lot record in my office Ja50r7_ :City Of- .FayQtt Ji1!C ( - : •/ - _ rtfl r _ _ - as indicated Korean ar:d C,a tame is now du(y. recordcd will! dm ackr:owiedgomenf I, Suzanne C. Keir:er:Y,` CitS'' c'Clei•k- -and)r, - _ ;7 •_ . and certificate !Kar?rn Id Rotor& beak and Et-Officio recur f Cle r i 1 e ett ville, d0 -l]ereb{ rCP' � ; t"1 _. . Pag✓ as itdi ded tfidre4d: IN Wlfh�ra5 lUl P115F, I I1eWe lietednfe going is of iremrd twn *n9 of Jt d t' e same ap- s _ set my 6gnd add alllied the seal of salt) pears in Orli:i.:a.,e ',' i+ .r , 1:' " '?�` _ _ J : L -f '' Court on fhtl Bale indicated herweA: M - T Alma Kalb ovoF hand andp_t`aY of CiffWil Clark aqd . A—7—• Exrofliolo Rowda City Cecorde_ r �y Legal Notices 1R DINAN C E No. 7240 ! A� ORDINANCE AMEN- DING ` CHAP TER 21 OF THE FAYETTEVILLE CODE OF ORDINANCES STATE of ARKANSAS : TO PROVIDE THAT NOI WASTEWATER GENER- e]. ATED BY DEVELOP - County of Washington MENT LOCATED IN THE 100 YEAR FLOOD PLAIN SHALL BE TRANSPOR- ' TED OR TREATED BY I .It ( I t� {, .A -J( / '� ( � hereby certlf)' that I FACILITIES CON - OIL7 STRUCTED UNDER EPA am the publisher of TH NORTHW EST ARKANS TIS1 ES. a dally newspaper PROJECT NO. C-05076601having a second class mailing privilege. and be Ng not less than four pages of FOR A PERIOD OF 50 YEARS. live columns each, published at a fixed place of business and at a fixed ldallyl BE IT ORDAINED By Intervals continuously In the City of FayeUeeille. County of Washington. Arkansas THE BOARD OF DIREC- TORS OF THE CITY OF for more than a period of twelve months. circulated and distributed from an IF A Y E T T E V I L L E , established place of business to subscribers and readers generally of all classes ,ARKANSAS : In the City and County for a definite price for each copy, or a fixed price per Section 1. That Chapter 21 annum. which price was fixed at what Is considered the value of the publication, of the Fayetteville Code of Ordinances is hereby ) basedupon thenews valueandservtce value It contains. thatat least fiftypercent amended by adding Section of thesubscribers theretohace paidcash for their subscriptions to thenewspaper 21.97toread asfouows: I or Its agents or through recognized news dealers over a Sec. 21.97. Wastewater , g g g period of at leas[ six generated by development ( months; and that the said newspaper publishes an average of more than forty aocated In 100 year wood percent news matter. plain not to be iran5porI , or treated by facilities con- structed under EPA Project I further certify that the legal notice hereto attached In the matter of No. C-050366-01 for 50 years. (a) No wastewater genet ated by development located (i-j` II j in the 100 year flood plain l_ /` r 1 tr -;( A-:— V �C' '- >• J / _ shall be transported or ! treated by facilities con- structed under EPA Project was published In the regular daily issue of said newspaper for No. C-050366-01 for a period 1 consecutive insertions as follows: of 50 years from January 1, nppp - except that Service may (J may bAreas of xi The first insertion on the I . - day of �" 19 Q to Areas at existing tle- velopment in a flood plain; 11 (2) Commercial or public the second Insertion on the day of 19 facilities which by nature must be located in a flood plain; the third Insertion on the day of 19 (]) Areas of prolectetl growth if the Envlronmenial Information Document for and the fourth Insertion on the _ 19, EPA Protect No. ci050066. d development that a consetl tent with the flood c plain. / tent with the ricer plain no flood criteriafor worn to and subscribed before me o�ls day of flood prone areas (M C.F.R.C / EmerS60. 3gency of file Federal agement ,l Q �7 Emergency Management L.f;l. L< /,f..l.., 9 /� " Agency (FEMA) and will have no Significant Impacts on natural functions and acda�U� value5of the flood plain; No Public , or (4) ,An area of projected growth if an Environmental -) My Commission Expires: Impact Statement demon- , strates that there is no prat- ticable alternative to such growth, thatsuch growth will be consistent with the [flood plain management ;criteria for flootl prone areas U4 C.F.R. ;FEMA, and that the benefits of such growth Outweigh its , Fees for Printing _ S lenvironmentalcostS. I (b) The term "area of ex- listing x-lfisting development" meansI COST Of Proof — S - [ an area which, at the timed / EPA issued a finding of nq1 isignificant impact for EPA Total __ $ — Project No. C-050366-01 was: (1 ) Occupied by existing structures or facilities; (2) Substantially sur- 1irounded by existing struc- tures or facilities and which serves no significant In- dependent natural flood plain function; or (] ) Characterized by ., substantial Investment In public infra-structure but iwhich is only partially oc- cupied by 5tructure5 or f acil- Ities- PASSED AND APPROV- ED this 20 day of January, ' 1987. APPROVED ' By: Marilyn Johnson ' Mayor I ATTEST By: Suzanne C. Kennedy Clty Clerk