Agenda - 04-21-2009 - 5b - Laserfiche WebLink

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67 5. Correcting definitions and references in the Subdivision Regulations to reflect FDPO terminology. From time to time FEMA and its Cooperating Technical State partner, the State of North Carolina Division of Emergency Management, approve Letters of Map Amendment (COMA), Letters of Map Revision (LOMR), and Summaries of Map Action (SOMA). Since the adoption of the new FEMA Flood Insurance Rate Maps (FIRMS), which became effective on February 2, 2007, FEMA has approved five (5) LOMAs, four (4) LOMR, and one (1) Summary of Map Amendment. The primary objection FEMA voiced to the Orange County FDPO was that these corrections to the FIRM were not specifically listed in the ordinance. A LOMR alters the base flood elevation of the floodplain and the underlying Flood Insurance Study, by lowering or raising the elevation. It is required for any stream crossing or dam removal involving a mapped special flood hazard area (floodplain). LOMRs physically and legally alter FEMA FIRMs. The applicant must notify all surrounding property owners by mail and perform detailed hydrologic and hydraulic analyses to document the alterations. A COMA is an acknowledgement by FEMA that the mapped floodplain does not reflect the true base flood elevation, as applied to a specific house or accessory building. They are applied for when a property owner believes his or her house, garage, barn, or other structure is inappropriately mapped within a floodplain. An elevation certificate is required to verify the owner's assertions. One of the results of the 2007 BOCC-funding floodplain surveying program is that four property owners were able to receive LOMR approvals that effectively removed their houses from a mapped floodplain. The FIRM and the underlying Flood Insurance Study does not change, but the flood insurance status for the house or accessory structure does. In the case of the Cates Creek Parkway FIRM, before the engineer could determine the correct hydrology and stream hydraulics for the new stream crossing, the flood mapping data had to be corrected. Keeping all FEMA Flood Insurance Rate Maps updated and current is an important maintenance and public information task. Orange County is interested in the latest SOMA only because the FEMA FIRM panel letter suffix has changed and this affects that portion of the FIRM panel within the County's zoning jurisdiction. For informational purposes a draft Fooodplain Development Permit form is included as Attachment 6. Attachment 7 lists all the sections of the existing FDPO and the proposed locations of each section in the amended Zoning Ordinance. Summary of the February 23, 2009 Quarterly Public Hearing: After staff presented a summary of the proposed zoning ordinance amendments, BOCC members asked three questions. 1. How can the County not exempt bona fide agricultural operations from the flood damage prevention regulations when they are part of the Zoning Ordinance? 2. How will the non-conformity issue affect existing structures in the floodplain? 3. Would a clearer notice wording have been possible? Several citizens from the Lake Orange neighborhood spoke. Their concerns are summarized as follows: • Moving the Flood Damage Prevention Ordinance into the Zoning Ordinance would not be in the property owners hest interest. • A task force of interested parties should be appointed for the purpose of resolving several long- standing issues that could include docks on the lake, stream buffers and floodplains. • The County should honor the contractual rights of owners on Lake Orange. • Proposed text amendments were not available to the public. • Concern over the accuracy of base flood elevations supporting the floodplain contours. Other citizen comments included: • Concern that the 2007 revised map included almost half of the property owner's six acre parcel. • Problems with a culvert because upstream drainage.