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HomeMy WebLinkAbout1001_Amend Ch 17 Part 12 ch 17_FEMA maps_Owasso Zoning CodeTulsa Count Clerk - EARLENE WILSON 8 Doc # 2012019358 Page(s): 6 Recorded 02/29/2012 at 10:09 AM Yt0k`gXOMPi} Receipt # 322120 Fee $23.00 303, O LAHOINIA ORDINAI\ICE NO. 300,1 AN ORDINANCE AMENDING CHAT TER 17, FLOOD HAZARD PRE-GULATIONS, OF THEE OWASSO ZONING CODE, CODIFIED AS PART I2, PLANNING, ZONING & DEVELOPMENT, CHAPTER 17, FLOOD HAZARD REGULATIONS, ARTICLE III, GENERAL PROVISIONS, SECTION D, BASIS FOR ESTABLISHING HE AREAS OF SPECIAL FLOOD a ~VAHD, OF THE OWASSO ZONING CODE, WHEREAS, The Legislature of the State of Oklahoma has in 82 O.S 1601-1618, as amended, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses; and WHEREAS, The Owasso City Council deems it necessary for the carrying out of the purpose of said acts and of promoting the health, safety and general welfare of the community to enact an ordinance regulating the zoning of land within Owasso; and WHEREAS, Under FEMA regulations, the City of Owasso is mandated to adopt floodplain management measures that meet or exceed national Flood Insurance Program requirements; to include the adoption of new Digital Flood Insurance Rate Maps (DFiRM) for Tulsa and Rogers Counties when they become available from FEMA; and, WHEREAS, All requirements of Oklahoma Statutes, with regard to the amendment of this ordinance have been met, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OW.ASSO, OKLAHOMA, THAT: SECTION ONE (1): The Owasso Zoning Code, codified as Planning, Zoning & Development, in the Owasso Code of Ordinances, Part 12, Planning, Zoning & Development, Chapter 17, Flood Hazard Regulations, Article III, General Provisions, Section B, Basis for Establishing the Areas of Special Flood Hazard, shall be amended to read as follows: CHAPTER17 ARTICLE III GENERAL PROVISIONS SECTION! B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" dated August 3, 2009, with the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. This ordinance shall go into effect on August 3, 2009. Tha, portion, bahance of the City of 01,1v assn iocatecd within Rogers County identified in ma scientific anal engmeenng report TI-Mled, "The Flood ln2urance St-uidy for Rogers colunty, 0 daho+rn'@ and Incorporated :areas" dated April 3, 2012, uji1h inn ac:companyirig Flood insurance fate Map (FiN-041) are herebby adapted by reference and deciared to be a part of this ondinan e~ This ordi-nar ce shall go into effect on April 3, 2012, SECTION TWO (2)v REPEALER All ordinances or parts or ordinances or other sections in the Owasso Zoning code in conflict with this amendment are repealed to the extent of the conflict only. SECTION THREE (3)o SEVERABI ,iTY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTWE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): C009FiCATION The City of Owasso Zoning Code, as codified in the Owasso Code of Ordinances, Fart 12, Planning, Zoning and Development, Chapter 17, Flood Hazard Regulations, Article III, General Provisions, Section R, Basis for Establishing the Areas of Special Flood Hazard, is hereby amended as provided above. APPROVED THIS ;Lt'yt DAY OF 2012. O F Q : O Attest nSnAn . City Clerk Approved as to form and legality: ity Attorney I '3 I r-r r q B -.5~, op , the undersigned City Clerk of the City of Owasso, hereby certify that the above is a true and correct copy of a flood damage prevention ordinance duly amended by the City Council convened and held on ~e-b^Ua.+r_Z• 2012 further certify that the Oklahoma Open Meeting Act was complied with in all respects for such meeiing. - A A& e4r City Clerk, V yy of Owasso E OF 01"" tri OFFICIAL SEAL QKf.AHOMP' 3 CITY OF OWASSO CORPORATE LIMITS IN ROGERS COUNTY PUBLISHER'S AFFIDAVIT ORD NO. 1001 PUBLICATION DATE(S) 03/08/12 G 0F s 140459 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, March 8, 2012. OWASSO, OKLAHOMA ORDINANCE NO. 1001 CASE NUMBER: ORD NO. 1001 AD NO: 00140459 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS 1, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of General circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to lcgal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) AN ORDINANCE AMENDING CHAPTER 17, FLOOD HAZARD REGULATIONS, OFTHE OWASSO ZONING CODE, CODIFIED AS PART 12, PLANNING, ZONING & DEVELOPMENT, CHAPTER 17, FLOOD HAZARD REGULATIONS, ARTICLE III, GENERAL PROVISIONS, SECTION B, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, OF THE OWASSO ZONING CODE. WHEREAS, The Legislature of the State of Oklahoma has in 82 O.S 1601-1618, as amended, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses; and WHEREAS, The Owasso City Council deems it necessary for the carrying out of the pur- pose of said acts and of promoting the health, safety and general welfare of the commu- nity to enact an ordinance regulating the zoning of land within Owasso; and WHEREAS, Under FEMA regulations, the City of Owasso is mandated to adopt flood- plain management measures that meet or exceed national Flood Insurance Program requirements;to include the adoption of new Digital Flood Insurance Rate Maps (DFIRM) for Tulsa and Rogers Counties when they become available from FEMA; and, WHEREAS, All requirements of Oklahoma Statutes, with regard to the amendment of this ordinance have been met. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): The Owasso Zoning Code, codified as Planning, Zoning & Development, in the Owasso Code of Ordinances, Part 12, Planning, Zoning & Development, Chapter 17, Flood Hazard Regulations, Article III, General Provisions, Section B, Basis for Establishing the Areas of Special Flood Hazard, shall be amended to read as follows: ARTICLE 111 GENERAL PROVISIONS e Signature C"!ReXprsen~ti Subscribed to and sworn to me this 9th day of March, 2012. Notary Public C d /")1 NA CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 152.60 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12-8-2014 SECTIONS. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" dated August 3, 2009, with the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. This ordi- nance shall go into effect on August 3, 2009. The portion balance of the City of Owasso located within Rogers County identified in a scientific and engineering report entitled, "The Flood Insurance Study for Rogers County, Oklahoma and Incorporated Areas" dated April 3, 2012, with the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. This ordinance shall go into effect on April 3, 2012. SECTION TWO (2): REPEALER All ordinances or parts or ordinances or other sections in the Owasso Zoning code in conflict with this amendment are repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Zoning Code, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 17, Flood Hazard Regulations, Article III, General Provisions, Section B, Basis for Establishing the Areas of Special Flood Hazard, is hereby amended as provided above. PASSED by the City Council of the City of Owasso, Oklahoma on the 21st day of February, 2012. /s/ Doug Bonebrake, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney M# - V The City Wit out Limits. MEMORANDUM TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Adoption of Updated City of Owasso (Rogers County) FEMA Documents FIS and FIRM Data DATE: February 17, 2012 BACKGROUND: The Federal Emergency Management Agency (FEMA) coordinates the federal government's role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man -made, including acts of terror. The National Flood Insurance Program (NFIP) is a program created by the Congress of the United States in 1968 through the National Flood Insurance Act of 1968 (P.L. 90 -448). The program enables property owners in participating communities to purchase insurance protection from the government against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the federal government, which states that if a community will adopt and enforce a floodplain management ordinance to reduce future flood risks to new construction in Special Flood Hazard Areas (SFHA) the federal government will make flood insurance available within the community as a financial protection against flood losses. The SFHAs and other risk premium zones applicable to each participating community are depicted on Flood Insurance Rate Maps (FIRMS) with study details included in the Flood Insurance Studies (FIS). The Mitigation Division within the Federal Emergency Management Agency manages the NFIP and oversees the floodplain management and mapping components of the Program. The intent of this program is to reduce flood damage through community floodplain management ordinances and provide protection for property owners against potential losses through an insurance mechanism that requires a premium to be paid for the protection. In order for a community to continue membership in the NFIP and flood insurance to remain available to residents, adoption of the updated FIRMS and FIS is required. UPDATED FIRMS AND FIS: In early 2011, FEMA issued revised preliminary maps for all communities with land located in Rogers County. The new maps, including maps of the City of Owasso, were generated from new data recorded and revised calculations based on the development in the area plus the approved Letters of Map Revisions (LOMR) that have been approved since the last FIRMs were issued. The public was allowed to comment on the maps and express their concerns. As of October 3, 2011, these maps have been used by City of Owasso staff for floodplain delineations. On October 20, 2011, a letter from FEMA directed the City of Owasso to formally adopt the Preliminary Maps by April 3, 2012 or the City would forfeit their NFIP status. Once adopted, FEMA will approve the maps and issue the final maps for public distribution. EXISTING FLOODPLAIN ORDINANCE: In July 2009, the Owasso City Council adopted Ordinance No. 942, which established a new floodplain ordinance in Chapter 17 of the Owasso Zoning Code. The action adopted new flood damage prevention measures and repealed all ordinances that conflicted with it. The ordinance also adopted the most recent FEMA floodplain maps that delineated the current floodplain areas. The 2009 ordinance referenced the 1997 FIRMs as the basis at that time for floodplain determinations. Now that the new 2011 maps are available, approval of Ordinance No. 1001 would recognize the new maps. RECOMMENDATION: Staff recommends City Council adoption of Ordinance No. 1001, accepting FEMA revised floodplain maps. ATTACHMENTS: 1. Ordinance No. 1001 2. Location Map of Affected Areas 3. Excerpts from the 1997 Rogers County FIRMS showing the incorporated areas 4. Excerpts from the 2011 Rogers County FIRMs showing the updated incorporated areas