HomeMy WebLinkAbout1013_Updated Tulsa County FEMA Documentsru~c Tulsa County Clerk - EARLENE WILSON
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oktaHOMAS Receipt # 363961 Fee $31.00 DKLAHOMA
:E NO. 1013
AN ORDINANCE AMENDING CHAPTER 17, FLOOD HAZARD REGULATIONS,
OF THE 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 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 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:
CHAPTER 17
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" with
the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and
declared to be a part of this ordinance.
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 theL.. day of October, 2012.
o ebrak , Mayor
ATTEST:
Sherry Bishop, City Clerk r u>
T
OFFICIAL Q
SEAL
(SEAL)
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APP OVED AS TO FORM:
ulie Lombardi, City Attorney
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PUBLISHER'S AFFIDAVIT
ORD NO. 1013
PUBLICATION
10/11/12
CASE NUMBER: ORD NO. 1013
AD NO: 00151648
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, 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
legal 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)
Representative mature
Subscribed to and sworn to me this 12th day of October, 2012.
Notary Public A L4 fn U2~Z
NA CY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2014
Customer 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 142.80 NANCY CAROL MOORE
NOTARY PUBLIC
STATE OF OKLAHOMA
COMMISSION NO. 06011684
EXPIRES 12-8-2014
151648
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, October 11,
2012.
OWASSO, OKLAHOMA
ORDINANCE NO. 1013
AN ORDINANCE AMENDING CHAPTER 17, FLOOD HAZARD REGULA-
TIONS, OF THE OWASSO ZONING CODE, CODIFIED AS PART 12, PLAN-
NING, ZONING & DEVELOPMENT, CHAPTER 17, FLOOD HAZARD REGU-
LATIONS, 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 ordi-
nances 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 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 fol-
lows:
CHAPTER 17
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" with the accompanying Flood Insurance Rate Map (FIRM) are
hereby adopted by reference and declared to be a part of this ordinance.
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 accompa-
nying 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 ineffec-
tive, 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 2nd day of
October, 2012.
/s/ Doug Bonebrake, Mayor
/s/ Sherry Bishop, City Clerk
/s/ Julie Lombardi, City Attorney
0 p
The City Wit out Limits.
APPROVED BY COUNCIL
TO: The Honorable Mayor and City Council
OCT Q 2 ZD1Z
City of Owasso
FROM: H. Dwayne Henderson, P.E.
City Engineer
SUBJECT: Adoption of Updated City of Owasso (Tulsa County) FEMA Documents
FIS and FIRM Data
DATE: September 28, 2012
BACKGROUND:
The Federal Emergency Management Agency 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) was created by the United States Congress 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:
The city limits of Owasso are contained on five (5) floodplain maps. In the summer of 2012, FEMA
issued a revised FIS and a revision to a majority of the panels for Tulsa County, including two (2)
floodplain maps. The new maps were generated from updated data in the area and
corrections to calculations to the previous panels issued in 2009.
The 2009 maps were found to have errors and/or information that were omitted when the maps
were printed. The changes that we have found through a side-by-side comparison are as
follows:
Tulsa County Panel 0139
1. There are several areas on Elm Creek that have been removed from the 100-year and
500-year floodplains. These areas occur between 129th East Avenue and the north side of
76th Street North. (See Attached Exhibit 1 and 2 for the 2009 maps and Exhibits 1 A and 2A
for the revised 2012 maps)
Tulsa County Panel 0138
1. Ranch Creek Floodplain north of 86th Street North - stream cross-sections have been re-
labeled due to errors in sequencing. (not shown by exhibit)
2. The Owasso Wastewater Treatment Facility - has all three (3) clarifiers removed from the
500-year floodplain. (See Attached Exhibit 3 for the 2009 map and Exhibit 3A for the 2012
map)
3. A portion of the property along the frontage road, east of U.S. Hwy 169 and south of 76th
Street North, has been removed from the 100-year and 500-year floodplain elevation.
(See Attached Exhibit 4 for the 2009 Map and Exhibit 4A for the 2012 map.
PUBLIC ANNOUNCEMENT OF PROPOSED ORDINANCE:
The proposed ordinance adopting the revised maps was introduced at the September 18, 2012
City Council meeting.
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 other ordinances. The ordinance also adopted
the most recent FEMA floodplain maps that delineated the current floodplain areas.
On February 21, 2012, City Council passed Ordinance No. 1001 which amended the previous
flood plain ordinance, Ordinance No. 942.
RECOMMENDATION:
Staff recommends City Council adoption of the new floodplain maps for areas within the
Owasso Corporate limits located in Tulsa County and Ordinance No. 1013 referencing the new
Tulsa County maps.
ATTACHMENTS:
1. Ordinance No. 1013
2. Exhibits 1 A-4A: Excerpts from the 2012 Tulsa County FIRMS (showing changes)