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Brentwood City Commission Agenda

Meeting Date:	02/08/2021
Ordinance 2021-05 - An Ordinance Amending Chapter 56, Article II, of the Brentwood Municipal Code Relative to Flood Prevention
Submitted by:	Jeff Dobson, Planning & Codes
Department:	Planning & Codes

Information

Subject

Ordinance 2021-05 - Proposes Amendments to Chapter 56, Article II of the Brentwood Municipal Code Relative to the Floodway Management Regulations.

Background

The City of Brentwood’s participation in the National Flood Insurance Program (NFIP) requires compliance with Federal Emergency Management Agency (FEMA) guidelines for development within identified local floodplain areas. The City’s participation in the program is essential so that individual structures built or improved in the floodplain will remain eligible for flood insurance under the federal program.

The attached ordinance proposes several revisions to Chapter 56, Article II (Flood Prevention) of the Municipal Code.

Three revised Flood Insurance Rate Map (FIRM) panels for the City, numbers 47187C0115G, 47187C0230G and 47187C0235G will become effective on February 26, 2021.

FEMA requires that the maps be adopted by the participating local government by February 26, 2021.

The proposed minor changes impact Owl Creek and Mill Creek both of which are located on the east side of Brentwood. FEMA requires that all flood ordinances specifically identify each FIRM map panel number and effective date within the ordinance. This is the primary purpose for this revision. FEMA also uses this opportunity to update terms and incorporate other necessary revisions to ordinances.

In addition to the updated FIRM panel numbers and dates, and the requested minor revisions in the Article, Sections 56-87 & 56-88 have been added addressing areas of Shallow Flooding (Zones AO & AH). Although the City does not currently have either of these zones, FEMA has requested that the language be added.

Other revisions include:

The addition of mudslides for the term Flood or Flooding;
The addition of the word “regulatory” before flood protection elevation;
Additional language regarding the actual FEMA form number required for a final finished construction elevation certificate; and
The inclusion of more detailed language regarding the paperwork submitted for substantial damage / improvement determinations.

Both the Tennessee Emergency Management Agency (TEMA) and FEMA have reviewed and approved the proposed changes.

Attached below is a redline copy of the affected sections so that you may see the proposed changes.

If the proposed ordinance is approved on first reading, second and final reading will occur on February 22, 2021. A Planning Commission review of the proposed amendments is not required.

Please contact Todd Petrowski, Senior City Planner, or the Planning and Codes Director should you have any questions.

Staff Recommendation

Staff recommends approval of Ordinance 2021-05 on first reading.

Previous Commission Action

On October 28, 2019 The Board of Commissioners voted unanimously (seven for and zero against (7-0)) to approve Ordinance 2019-09 on second and final reading.

On October 14, 2019, the Board of Commissioners voted unanimously (seven for and zero against (7-0)) to approve Ordinance 2019-09 on first reading.

Two citizens spoke regarding the proposed ordinance under the Comments from Citizens potion of the agenda.

Mary Hesselrode -- 1915 Harpeth River Drive
Steven Ross -- 1936 Harpeth River Drive

On November 18, 2016 the Board of Commissioners voted to approve Ordinance 2016-12 on second and final reading, which authorized the adoption of two revised Flood Rate Insurance Maps (FIRM) dated December 22, 2016.

Second and final reading of Ordinance 2009-13 was conducted on January 25, 2010.
The public hearing for Ordnance 2009-13, before the Board of Commissioners was conducted on January 11, 2010,

On December 14, 2009 the Board of Commissioners approved Ordinance 2009-13 unanimously on first reading. The ordinance represented a major re-write of the current Floodway Management Ordinance in response to directives from FEMA to prepare an ordinance that is more in line with the State “model” floodway management ordinance.

On November 10, 2008 the Board of Commissioners approved Ordinance 2008-19, on second and final reading, amending the Municipal Code regarding the City’s floodway.

On September 25, 2006 the Board of Commissioners approved Ordinance 2006-20 on second and final reading, which
amended the Municipal Code revising Chapter 78 regarding floodway district regulations.

On January 13, 2003 the Board of Commissioners approved Ordinance 2002-25, which revised Chapter 78, Article III Division 14 regarding floodway district regulations.

Fiscal Impact

Attachments
Ordinance 2021-05
Ch. 56 Art. II Div. 2 - 5 -- Redline