ORD-2005-127 - Revisions to the Flood Damage Prevention Ordinance

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37 Planning Director Craig Benedict said that this is the only formal public hearing item on the agenda. This is a standalone ordinance. Orange County became a participating community in the National Flood Insurance Program in 1975 and entered the regular FEMA- NFIP on March 16, 1981. A new series of maps has recently been published that show where the flood hazard areas have changed. Since 1994, the County has only permitted three structures within floodplains. The State made some recommendations that are part of this ordinance. He said that adopting this amended ordinance would improve the community insurance rating system. The recommendation is to close the public hearing and adopt the amended ordinance. There was no one signed up to speak to this item. Commissioner Jacobs made reference to page 27 and the list of chemical compounds. He asked if there were any petroleum products because he thought some plastics were made out of petroleum products. Craig Benedict said that some products made from petroleum have been converted before they get to the site.. He said that they could elaborate on certain products. Commissioner Jacobs asked to differentiate between treated wood and wood that can be reused. Commissioner Jacobs made reference to page 28 and asked if the State requires the County to allow new construction in flood hazard areas. Craig Benedict said that, according to the State, development is allowed in the floodplain if there are certain precautions. The County can do an outright prohibition. Geof Gledhill said that there is an opportunity for hardships to be dealt with, and he could not think of a legal problem where the County could not prohibit new construction in flood prone areas. Commissioner Jacobs asked about the Public Market House, which will be the Farmer's Market, and said that part of it will encroach on the floodway. This would be in violation to what he just proposed. Craig Benedict said that there are definitions about livable areas, and this would not be classified as a livable area. Commissioner Jacobs said that he would be interested in having the Planning Board make a recommendation to the County Commissioners. Commissioner Gordon asked about page five and what is meant by "common usage." Craig Benedict said that this is a catchall phrase suggested by the State. Commissioner Gordon would also like a recommendation from the Planning Board. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to ask the Planning Board and staff to consider more closely the list of prohibited compounds and consider an outright ban on new primary construction in flood hazard areas. VOTE: UNANIMOUS w Chair Carey asked that it be brought back no sooner than September 1St John Link asked for clarification on the terms flood prone and floodplain. Craig Benedict said that they are interchangeable. Commissioner Gordon said that there is the floodplain, then the flood fringe. Craig Benedict said that they would work on the definitions.