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HomeMy WebLinkAboutPO 6014: AMENDING THE CITY'S FLOOD ORDINANCE CITY OF' POR T ARTHUR PLA NNI NG D EPT. Memo To: Steve Fitzgibbons, City Manager and City Council From: Colleen Russell, Planning Director Dater 3/4/2010 Re: P.O.6014 -which is ameriding Section 42 of the Code of Oniinance to be accurate and in accordance with FEMA regulations Background:. FEMA revised. some terminologies that are essential to the National Flood Insurance Map provisions; these terms are added,to Section 42 Floods regarding the letter of map revision (LOMR): Sections42 35,42- 62, 42-63 and 42-94 are therefore amended to include these terms, while subsections (f) through (h) of section 42-64 are deleted to make the Code current with FEMA and the Texas Water Development Board (TWDB) requirements. Budgetary Effects These changes make us more compliant with FEMA and the Texas Water Development Board regulations and allow the City to maintain our CRS (Community Rating System) so we can continue being a member of the National Flood Insurance Program. Summary: The Flood Administrator is complying with the TWDB request to update ourCodes so it shall be accurate and reflect current regulations` Colleen Russell, Planning Director February 5, 2010 The Honorable Deloris "Bobbie" Prince Mayor City of Port Arthur 444 4"' Street Port Arthur, Texas 77640 ~.a C~~~ . ~ ~~~.. ,~:- •; .,. F~61g2010 ~~~ L~G~~Ep?-B . Ae: Community Assistance Visit far City of Port Arthnr' Dear Mayor Prince: Please be advised that this is the second notice in an attempt to resolve an open Community Assistance Visit (CAV) conducted on the City of Port Arthur on April 20-23, 2009. The purpose of a CAV is to maintain. contact with communities in their efforts to carry out the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP) regulations, and to evaluate local floodplain management Ordinances and enforcement practices to determine their effectiveness. The CAV included a driving tour of the regulatory floodplain and .a meeting with Steve Fitzgibbons, Lawrence Baker, and Colleen Russell of the City of Port Arthur, and Mike Howard and Debbie Cahoon of the State. A letter was sent to your attention on June 18, 2009-that included the CAV report and the timeframe for suspected violations to be resolved. I received a letter on August 27, 2009 by Mr. Baker that addressed some of the problems documented in the CAV; however, as of February 1, 2010, notification of the full resolution to the CAV has not been received by this office. Consequently, this CAV remains open. The floodplain tour conducted during the CAV revealed a few structures that appeazed to be in violation of the NFIP's regulations. One such azea involved temporary buildings placed five (5) feet below the required base flood elevation on Sabine Independent School District property. Pictures taken on June 9, 2009 revealed that the temporary buildings were still in place and had not been properly elevated. The letter sent to your attention on June 18"' included those photographs. A subsequent visitto the area on January 15, 2010 showed that the temporary school buildings were in the same location and had not been elevated. New construction was occurring next to the permanent. school building and that structure seemed to be compliant (photos attached); however, the temporary buildings looked to be in use and were non-compliant Also included in the CAV report was a list of addresses where a review'of elevation certificates revealed either missing information on~the form or issues where the lowest floor was not elevated above the base flood elevation at time of construction. A letter from Mr. Baker sent on August 27, 2009 addressed approximately 23 of the 95 structures listed with the remaining. 72 issues left unanswered. A response to these remaining issues is.required, as well as an explanation as to the City's approval for construction below the base flood elevation. Our Mission To provide leadership, planning, financial assistance, information, and education for the conservation and responsible development of waterjor.Texas. P.O. Box 13231 • 1700 N. Congress Avenue • Austin, Texas 78711-3231 Tetephone (512) 463-7847 • Fax (512) 475-2053 • 1-800-RELAYTX (for the hearing impaired) www.twdb.state.tx.us•info(3a twdb.state.tz.us 'rA]~]~ TNRIS -Texas Natural Resource3.InfomaaHon System • v'ww.tnris.state.tx.us Q (~ L ' A Member of the Texan Geographic lnfonnatian Coanci! (Z'GICJ James E. Herring, Chairman ~ Jack Hunt, Vice Chairman .Lewis H. McMahan, Member - ~ ~ J. Kevin Wazd ~ Thomas Weir Labatt.JII, Member Edwazd G: Vaughan, Member Executive Administrator - Joe M. Crutcher, Member ,_ , The Honorable Deloris "Bobbie" Prince February 5, 2010 Page 2 . The CAV further included a review of the City of Port Arthur's Flood Damage Prevention Ordinance. The results of that review were given to the City. As of the date of this letter, a revised ordinance has not been received by this office. ~, The City of Port Arthur. is currently a Class 9 in the Community Rating. System (CRS), a program that provides policyholders a five percent discount on their flood insurance. It is critical that the City maintainthe minimum standazds of the NFIP to ensure their CRS standing remains intact. I strongly encourage the City of Port Arthur staff to make every effort possible to resolve the open issues of this CAV. The timeframe between these letters. has given the City several opportunities to rectify the issues at hand. At-this time, I am requesting that the City of Poit Arthur respond to this letter within. 60 days with either a resolution to the identified issues or a plan. of remediation. If no action is taken on the part of the City, the State will have no choice but to turn the CAV over to FEMA which may result in the loss of the CRS discount and possible suspension from the NFIP. Should you have questions or comments regazding the fmdings of this CAV, please contact me at (281) 895-6555 or at debbie.cahoonCc+~twdbstate.tx.us. I look forwazd to working with. you on improving the City of Port Arthur's floodplain management program. Sincerely, ~ ~ Debbie Cahoon, CFM .Houston NFIP Field Representative Attachments Cc: Mike Segner, TWDB Donnie Blanlot, FEMA Region VI Linda Delamaze, FEMA Region VI Lawrence Baker, City of Port Arthur Colleen Russell, City of Port Arthur Photographs taken on January 1 S, 2010 Non-compliant temporary buildings; Sabine Independent School District New school building in construction; Sabine Independent School District P.O. No. 6014 02/5/10 CWR- ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 42-35, 42-62, 42-63, AND 42-94 OF THE CODE OF ORDINANCE IN THE CITY OF PORT ARTHUR; AND DELETING SUBSECTIONS (.n THROUGH (I) OF SECTION 42-64 WIIEREAS, it is necessary to amend the following provisions of the City's Flood Ordinance (Sections 42-35, 42-62, 42-63, and 42-94) in order to maintain compliance with FEMA Regulations and Texas Water Development Board Requirements; and, WHEREAS it is also necessary to delete subparts f through h of Section 42-64 on granting variances subsections (a) - (e), (i) will remain as written and (j) will be revised; and, WHEREAS, these aforementioned sections of the Code of Ordinarices Port Arthur, Texas,. shall be revised to be current and accurate with our present patterns of development the Comprehensive Plan and FEMA (federal emergency mariagement agency) regulations. BE IT ORDAINED BY THE. CITY COUNCIL OF THE CTTY OF PORT ARTHUR SECTIONI. That Section 42-35 -Definitions, shall be amended to add definitions for the following acronyms and words- Freeboazd, LOMA, LOMC, LOMA-F and LOMB as delineated in Exhibit "A'". SECTION 2. Section 42-62 Duties and Responsibilities of Chief Building Official - shall'be amended to add (10) LOMA-F is required when fill is to be used (as also delineated in 4. Exhibit "B"). SECTION 3. This Section 42-63 Permit Procedures -shall be amended as delineated in Exhibit "C". P.O. No. 6014 2/5/10 Page 2 of 5 SECTION 4. That Section 42-94-Standards for subdivision proposal shall be amended as delineated in Exhibit "D". SECTION 5. That Section 42-64- Variance Procedures subsection (f) through (h) shall be deleted. SECTION 6. That the Building Official and the Duector of Planning aze authorized. and directed to make all necessary changes to the Code of Ordinance of the City of Port Arthur, Texas on file in the offices of the Building Official and if any section, subsection, sentence, clause, phrase orportion of this Ordinance is for any reason held invalid or unconstitutional by any court of. competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 7. That any parson, firm or corporation who violates any provision bf this Ordinance or the City's Zoning Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding Two Thousand ($2,000.00) Dollazs as provided in General Provision - Section 1-13 of the Code of Ordinances, and each day such violation shall. be pemutted to exist shall constitute a sepazate offense. SECTION 8. That this Ordinance or its caption and penalty shall.be published at least one (1) time within ten days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after the date of such publication. READ, ADOPTED AND APPROVED this day of March, A.D., 2010 at a Regulaz Mceting of the City Council of the City of-Port Arthur, Texas by the following votes: AYES:MAYOR P.O. No. 6014 2/5/10 Page 3 of 5 COUNCILMEMBERS: NOES: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney G~7~ APPROVED FOR ADMINISTRATION: City alter Director of Planning ~ ~~~~ EXHIBIT "A° Section 42-35, Definitions, is hereby amended as to add the Freeboard - this is the term used to request an elevation above the highest point bf right of way (road/bridges)" elevation that-could impact the householder or business owner as well as the a measure of one or two feet about the written flood elevation required. The City of Port Arthur is requiring this due to recent years of heavy flooding after droughts and hurricanes. In addition to consideration of increased in right -of -way construction,~neighborhood levees and a lack of culvert in many areas where ditches exist. LOMA also LOMC - Letter of Map Amendment- this request of the flood administrator and FEMA shall be due to in accurate topography or fill added. to the land, hence a reference to a LOMA-F. LOMC is also used as LOMA, but is termed a Letter of Map Change . LOMA-F - Letter of Map Amendment for fill land. This process of adding fill-shall be done by applying to FEMA, the BFE (Base floor elevation shall be attained). The soil shall be tested and analysis presented if the .City is skeptical but . the ultimate responsibility of obtaining clean - fi11 belongs to the person buying and property owner using said "Fill" (F). LAI~t- Letter of Map Revision shall have technical or scientific data to support a reduced risk of flooding due to Channel modification, bridge, culvert an or levee(floodwall) changes. These changes often infer .not only a reduced. risk. of flooding but at times that the structure is removed from such a risk. EXTi2BIT "B" Duties and Responsibilities of the Chief as (10) A LAMB-F shall be obtained prior to doing fill work. The source of "Fill" shall be known by the property owner and or buyer as either party bares the sole responsibility for the accuracy of this information. ., ..~„ 42-68, Permit Schedules, is hereby amended (as, ted in blue) as follows: (1) Elevation in relation to. mean sea 'level, of the lowest floor (including the basement) of all new or substantially improved structures; that shall be (l) foot above the required elevation requested (freeboard). This was requested by our .local FEMA representatives at the Texas Water Development Board, due to -all the storms events and erosion that naturally, ensued; an engineer shall substantiate this fact to the Building Official. 2) Elevation in relation to mean sea level, to which any nonresidential as well as residential structure shall be flood proofed one foot above the required elevation;, hence the P'II`IE' (minimum finished floor) shall be revealed is contrast to mean sea level or base floor elevation (BFE). ' (3) A certificate from a registered surveyor, registered/licensed .professional engineer or registered/licensed architect that the non- residential or residential flood proofed structure shall meet the flood proofing criteria in section 42-92(2): h (4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (57 Maintain a record of all such information in accordance with section 42-62(1). EXHIBIT "D" Section. 42-64, Variances procedures, is hereby amended as 'to delete subsections f-h