MINUTES OF THE REGULAR MEETING
WEBSTER PARISH POLICE JURY
January 5, 2010
MEMBERS PRESENT: Charles Walker, President; Vera Davision, Vice President; Jim Bonsall; Steve Ramsey; Daniel Thomas; Charles Odom; Jerri Lee; Bruce Blanton; C. C. Cox; and Steve Duggan.
MEMBERS ABSENT: Jimmy Thomas and Steve Duggan
PUBLIC HEARING: A Public Hearing was called to hear comments concerning the adoption of Webster Parish Police Jury Ordinance # 992 “Illicit Discharge Detection and Elimination Ordinance”, regulating discharges to the Municipal separate storm drain system to prevent and minimize pollution from Storm Water Runoff. There were no comments from the public.
Mr. Kenny Loftin open the meeting with prayer and COL Carl Thompson lead in the pledge of allegiance.
The first item on the agenda for January, 5, 2010 is the election of officers for the Webster Parish Police Jury for the year 2010.
Mr. Bruce Blanton nominated Mr. Charles Walker for President of the Police Jury.
Mr. C. C. Cox moved, seconded by Mr. Daniel Thomas to close the floor to nominations for President. Motion carried unanimously. Mr. Charles Walker is elected by acclimation.
Mr. Cat Cox nominated Ms. Vera Davison for Vice President; the nomination was seconded by Mrs. Jerri Lee. Mr. Steve Duggan moved, seconded by Mr. Steve Ramsey to close the floor to nominations for Vice President. Motion carried unanimously. Ms. Vera Davison is elected by acclimation.
Mr. Walker then called the meeting to order and asked for additions to the agenda.
Mr. Daniel Thomas moved, seconded by Mr. Jim Bonsall to add the following items to the agenda:
11-A. The Re-appointment of Mr. Jim Bonsall to the LSU Fire Training Center Board of Control for a 3 year term.
11-C. To appoint Mr. Lamar Smith to fill the unexpired term of Burt Harris on the Webster Parish Visitor and Tourism Board.
11-D. To re-appoint Denise G. Miller for a 2 year term as Secretary-Treasurer of the Evergreen Volunteer Fire Department.
12-B. Town of Sarepta Resolution
12-C. Town of Sarepta Resolutions
12-D. Village of Doyline
12-E. John Ashley Retirement
13. Corporative Endeavor Agreement with LA DOTD for donated RAP
14. Travel for Environmental Committee in 2010
Motion carried unanimously.
Ms. Vera Davison moved, seconded by Mr. C. C. Cox to adopt the minutes of the December 1, 2009 Budget/Administrative Committee Meeting, the December 1, 2009 Road Committee Meeting, and the December 1, 2009 Regular Meeting. Motion carried unanimously.
Mr. Jim Bonsall moved, seconded by Mrs. Jerri Lee to approve invoices for payment pending review of the committee. Motion carried unanimously.
Ms. Vera Davison moved, seconded by Mr. Charles Odom to appoint Ronda Carnahan Secretary-Treasurer for a two year term, and to appoint Lisa Balkom Asst. Secretary-Treasurer for a two year term. Motion carried unanimously.
Mr. Bruce Blanton moved, seconded by Mr. Jim Bonsall to adopt Webster Parish Police Jury Ordinance # 991-Amended, Flood Prevention (corrected start date). Motion carried unanimously.
Mr. Bruce Blanton moved, seconded by Mr. Jim Bonsall to adopt Webster Parish Police Jury Ordinance # 992, Storm Water Runoff. Motion carried unanimously.
Mr. Steve Ramsey moved, seconded by Mr. Daniel Thomas to adopt the 2010 Resolution that gives signature authority to the President, Mr. Charles Walker, and to the Secretary-Treasurer, Mrs. Ronda Carnahan for the Webster Parish Police Jury. Motion carried unanimously.
Mr. C. C. Cox moved, seconded by Mr. Daniel Thomas to approve the issuance, sale, and delivery of $470,000.00 Certificates of Indebtedness for acquiring and constructing fire protection equipment for the Cotton Valley Fire Protection District # 8. Motion carried unanimously.
Mr. Charles Odom moved, seconded by Mr. Jim Bonsall approved the adopting of Resolution 002-2010 supporting the proposed constitutional amendment which raises the severance tax base from $850,000.00 to $2,850,000.00 for the parishes who are currently capped under the state disbursement structure of oil and gas severance taxes. Motion carried unanimously.
Mr. Steve Duggan moved, seconded by Mr. Daniel Thomas to approve a Resolution to transfer from Louisiana DOTD to the Parish, property west of Fire Tower Road for a Boat Ramp. Motion carried unanimously.
Two Resolutions were submitted approving the application of Jenkins Water System to receive LGAP Funds for a ground Storage Tank, and to receive CWEF Funds for a ground Storage Tank. Mr. C. C. Cox moved, seconded by Mr. Steve Duggan to approve the application of both grants. Motion carried unanimously.
Mr. Jim Bonsall moved, seconded by Mrs. Jerri Lee to authorize IBTS to make application for the Webster Parish Police Jury for the parish’s allocation of EECBG Grant funds and to enter into a Memorandum of Understanding for IBTS to make the application. EECBG Grant Funds are allocated through the Louisiana Department of Resources for each parish. Motion carried unanimously.
Mr. Daniel Thomas moved, seconded by Mr. Bruce Blanton to approve 4th quarter 2009 budget amendments for the financials of the Webster Parish Police Jury and the end of year amendments as presented. Motion carried unanimously.
Mr. Kenny Loftin, Executive Director of the Ware Youth Center addressed the Jury and gave a yearly report on the facility.
Mrs. Jeri Perry and Ms. Debbie Vogal with the Louisiana Department of Health and Hospitals addressed the Jury. Mrs. Perry is the Regional Director, and Ms.Vogal is the Webster Parish Health Unit Director. Allocations had been made in 2009 to provide upgrades for the local Health Units by the Police Jury, and Mrs. Perry and Ms. Vogal were present to express their appreciation for the support that the Health Units receive from the Police Jury.
The next item on the agenda is Board Appointments.
Mr. C. C. Cox moved, seconded by Mrs. Jerri Lee to approve the following appointments:
Appoint Mrs. Ronda Carnahan to a 3 year term, replacing Mr. Herb Byars; appoint COL Carl Thompson to a 3 year term, replacing Mr. Sherburne Sentell III; and to re-appoint Mr. Jim Bonsall to a 3 year term.
Motion carried unanimously.
Mr. Bruce Blanton moved, seconded by Mr. Daniel Thomas to approve the recommendation of the Springhill Fire District # 11 Board to appoint Mr. Danny Mason to replace Mr. Jim Lawrence whose term ended 12/31/2009. Motion carried unanimously.
Mr. Daniel Thomas moved, seconded by Mr. Steve Duggan to appoint Mr. Lamar Smith to fill the unexpired term of Mrs. Burt Harris on the Webster Parish Convention and Tourism Commission. Motion carried unanimously.
Mr. Steve Duggan moved, seconded by Mr. Bruce Blanton to approve the recommendation of the Evergreen Volunteer Fire District # 1 Board to re-appoint Mrs. Denise G. Miller for a 2-year term as the Secretary-Treasurer of the Board. Motion carried unanimously.
Road Committee items were next on the agenda.
Mr. C. C. Cox moved, seconded by Mr. Steve Ramsey to approve the Resolution of Cotton Valley to have their 2009 municipality funding carried forward into 2010. Motion carried unanimously.
Mr. Daniel Thomas moved, seconded by Mr. Bruce Blanton to approve a Resolution for annual culvert installation within the town limits of Sarepta. Motion carried unanimously.
Mr. Daniel Thomas moved, seconded by Mr. Bruce Blanton to approve a Resolution from the Town of Sarepta requesting the installation of culvert below the “walking trail” on Sexton Street using municipality funding. Motion carried unanimously.
Mr. Steve Duggan moved, seconded by Mr. Jim Bonsall to approve a Resolution from the Village of Doyline requesting that dredging and drainage work be done using municipality funds. Motion carried unanimously.
Mrs. Vera Davison moved, seconded by Mr. Steve Ramsey to approve a request from Mr. John Ashley, Unit I Equipment Operator to take accumulated annual leave until June 4, 2010 and at that time he will retire. Motion carried unanimously.
Mr. Bruce Blanton moved, seconded by Mr. Daniel Thomas to approve a Corporative Endeavor with the Louisiana DOTD for the Webster Parish Road Department to receive 125 yards of donated RAP from a construction project in Webster Parish. Motion carried unanimously.
Ms. Vera Davison moved, seconded by Mr. C. C. Cox to approve Mr. Charles Odom’s travel expense for environmental issues concerning the Webster Parish Landfill for 2010. Motion carried unanimously.
Wanda Finley WPPJ Head Start
Beverly Hammett Webster Parish Library
Susan Baird Webster Parish Humane
COL Carl Thompson LA National Guard – Camp Minden
John Stanley WPPJ Office of Homeland Security/OEP
Mr. Daniel Thomas told the Jury that his committee is still looking at the GPS and the mapping system to be sure that Webster Parish Roads are correctly entered.
Mr. Charles Odom updated the Jury on events going on in Minden.
Ms. Vera Davison thanked the Jury for their support and her re-election as Vice-President.
Mr. Bruce Blanton spoke of his appreciation of fellow Jurors and looks forward to a productive 2010 for the citizens of Webster Parish.
Mr. Steve Duggan expressed his appreciation to the men on the Road Crews for the Parish.
Mr. Jim Bonsall reported that the gates have been opened on Lake Bistineau.
There being no further business to bring before the Jury, the Meeting adjourned.
Ronda C. Carnahan Charles R. Walker
WEBSTER PARISH POLICE JURY
ORDINANCE # 992
ILLICIT DISCHARGE DETECTION AND ELIMINATION ORDINANCE REGULATION DISCHARGES TO THE MUNICIPAL SEPARATE STORM DRAIN SYSTEM (MS4) TO PREVENT AND/OR MINIMIZE POLLUTION FROM STORM WATER RUNOFF.
WHEREAS, the Clean Water Act, among other things, regulates storm water and urban runoff to protect water quality; and
WHEREAS, the Parish of Webster adopted a Storm Water Management Plan on March 10, 2003 in order to comply with the Clean Water Act (33 U.S.C. 1251 et seg.) and its implementing regulation for storm water management (40C.F.R. Part 122), and to comply with the Louisiana Pollutant Discharge Elimination System (LPDES) permit issued by the Louisiana Department of Environmental Quality (LDEQ); and
WHEREAS, the Parish’s Storm Water Management Plan provides that the Parish will adopt Ordinance(s) intended to prohibit, prevent and/or minimize pollution resulting from storm water runoff, on or before December 4, 2007.
NOW, THEREFORE, BE IT ORDAINED by the Webster Parish Police Jury, in regular session convened, that the ordinance regulating discharges to the municipal separate storm drain system shall read as follows:
SECTION 1. Purpose/intent.
The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of Webster Parish through the regulation of non-storm water discharges to the municipal storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm drain system (MS4) in order to comply with requirements of the Louisiana Pollutant Discharge Elimination System (LPDES) permit process. The objectives of this ordinance are:
(1) To regulate the contribution of pollutants to the MS4 by storm water discharges by any user.
(2) To prohibit illicit connections and discharges to the MS4.
(3) To establish legal authority to ensure compliance with this ordinance.
SECTION 2. Definitions.
For the purposes of this ordinance, the following words and terms shall be defined as follows:
(1) Best Management Practices (BMP) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to the municipal storm drain system. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from outdoor storage areas.
(2) Parish shall mean the Webster Parish Police Jury, Webster Parish, Louisiana
(3) Clean Water Act means the federal Water Pollution Control Act, (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
(4) Director means the Public Works Director.
(5) Illegal Discharge means any direct or indirect non-storm water discharge to the municipal storm drain system except as exempted in Section 5 of this ordinance.
(6) Illicit Connection An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the municipal storm drain system including but not limited to any conveyances that allow any non-storm water discharge including sewage, process waste water, and wash water to enter the municipal storm drain system and any connection to the municipal storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the Parish of Webster or any drain or conveyance connected from a commercial or industrial land use to the municipal storm drain system that has not been documented in plans, maps, or equivalent records and approved by the Parish of Webster
(7) Municipal Storm Drain System (MS4) means all or part of the publicly owned and maintained roads, streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains, and dry wells located within public easements, right-of-way, parks, common areas, retention areas, or other publicly owned or maintained real property designed or used for collection, holding, or conveying storm water.
(8) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued by the EPA (or by a state under the authority delegated pursuant to 33 USC § 1342 (b)) that authorizes the discharge of pollutants to waters of the United Stated, whether the permit is applicable on an individual, group or general area-wide basis.
(9) Person means any individual, municipality, public or private corporation, partnership, firm, the United States Government and any agent or subdivision thereof, or any other juridical person which shall include, but is not limited to, trust, joint stock companies, associations, the State of Louisiana, political subdivisions of the state, commissions, and interstate bodies.
(10) Pollutant shall have the same meaning as defined in 40 C.F.R. § 122.2, and includes but is not limited to any solid, liquid, gas, or other substance that can alter the physical or chemical properties of water including, but not limited to fertilizers, solvents, sludge, petroleum byproducts, solid waste, garbage, biological materials, radioactive materials, sand, dirt, animal waste, acids, and bases.
(11) Premises means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking lots.
(12) State shall mean the State of Louisiana Department of Environmental Quality.
(13) Storm water means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(14) Waste water means any water or other liquid, other than uncontaminated storm water, discharged from a facility.
SECTION 3. Applicability.
This ordinance shall apply to all water entering the municipal storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the Parish of Webster.
SECTION 4. Responsibility For Administration.
The Director of Public Works is delegated the authority to exercise the powers and performance of such duties set forth in this ordinance and to administer and enforce provisions of this ordinance. The Director may designate other employees to exercise such powers and perform such duties, as he/she deems appropriate.
SECTION 5. Discharge Prohibitions.
A. Prohibition of Illegal Discharges.
Unless expressly authorized or exempted by this ordinance, no person shall throw, drain, or otherwise discharge, cause, or allow others under their control to throw, drain, or otherwise discharge into the municipal storm drain system (MS4) any pollutants or waters containing any pollutants, other than storm water.
The following non-storm water sources may be discharged to the municipal storm drain system provided that they have not been determined by the Director of Public Works to be a substantial source of pollutants to the MS4 system:
(a) Water line flushing,
(b) Landscaping irrigation,
(c) Diverted stream flows,
(d) Rising groundwater,
(e) Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(20)),
(f) Uncontaminated pumped groundwater,
(g) Incidental discharges of potable water (e.g. drinking fountain overflows),
(h) Fountain drains,
(i) Air conditioning condensate,
(j) Irrigation water,
(l) Water from crawl space pumps,
(m) Footing drains,
(n) Lawn watering runoff,
(o) Water from individual residential car washing,
(p) Flows from riparian habitats and wetlands,
(q) De-chlorinated swimming pool discharges,
(r) Residential street wash water,
(s) Discharges or flows from fire fighting activities (excludes predictable and controllable discharges from fire fighting training facility); and
(t) Other similar occasional incidental discharges (e.g. non- commercial or charity car washes) where such discharged will not cause a problem either due to the nature of the discharge or controls the Parish places on the discharge.
(2) Discharges authorized by a separate LPDES General Storm Water Permit
(3) No person shall discharge to the public storm drain system any exempted discharge under this subsection if the Director or assigned designee identifies and provides written notice to the person that the discharge has the potential; to be a source of pollutants to receiving waters, waterways, or groundwater.
(4) Dye testing is an allowable discharge, but requires a verbal notification to the Director prior to the time of the test.
(5) Discharges specified in writing by the Director as being necessary to protect public health and safety.
B. Prohibition of Illicit Connections
(1) The construction, connection, use, maintenance or continues existence of any illegal connection to the municipal storm drain system (MS4) is prohibited.
(2) This prohibition is retroactive and shall apply to any connection that was made in the past, regardless of whether it was made under permit or other authorization or whether it was permissible under the law or law practices applicable or prevailing at the time of the connection.
(3) A person is considered to be in violation of this ordinance if the person connects a line conveying sanitary sewage, domestic or industrial, to the MS4, or allows such a connection to continue unless the discharge is authorized by a LPDES discharge permit issued by the state.
SECTION 6. Suspension Of MS4 Access
A. Suspension due to Illicit Discharges in Emergency Situations.
The Director of Public Works may, without prior notice, suspend MS4 access to a person when such suspension is necessary to stop an actual or threatened discharge, which represents or may represent imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United Stated. If the violator fails to comply with a suspension order issued in an emergency, the Director may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
B. Suspension due to the Detection of Illicit Discharge.
Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Director of Public Work will notify a violator of the proposed termination of its MS4 access. The violator may petition the Parish for reconsideration.
A person commits an offense if the person reinstates MS4access to premises terminated pursuant to this section, without the prior approval of the Director of Public Works
SECTION 7. Specific Prohibitions.
A. The Specific prohibitions and requirements in this section are not inclusive of all discharges prohibited by the general prohibitions in Section 5.
B. No Person shall release or allow to be released any of the following substances directly into the MS4 or in or upon any street, alley, parking lot, sidewalk, curb, gutter, storm drains, catch basin, conduit, or other drainage structure:
(1) Any refuse, pet waste, rubbish, garbage, yard waste, or other discarded or abandoned objects;
(2) Any used motor oil, antifreeze or any other petroleum product or waste;
(3) Any industrial waste;
(4) Any hazardous waste, including household hazardous waste;
(5) Any waste water that contains soap, degreaser, solvent or surfactant based cleaner from commercial vehicle wash facility; from any vehicle washing, cleaning, or maintenance at any new or used vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus, or heavy equipment;
(6) Any waste water from the washing, cleaning, de-icing, of other maintenance of aircraft;
(7) Any waste water from commercial mobile power washer or from the washing or other cleaning of a building exterior that contains harmful soap, detergent, degreaser, solvent or any surfactant based cleaner;
(8) Any waste water from commercial floor, rug, or carpet cleaning;
(9) Any waste water from the wash down or other cleaning of pavement that contains any soap, detergent, solvent, degreaser, emulsifier, dispersant, or other cleaning substance; or any waste water from the wash down or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum ort hazardous substance has occurred, unless all such materials have been previously removed.
(10) Any effluent from cooling tower, condenser, compressor, emissions scrubber, emission filter or the blow down from a boiler;
(11) Any ready mix concrete, mortar, ceramic, or asphalt base material or discharge resulting from the cleaning of vehicles or equipment containing or used in transporting or applying such material;
(12) Any runoff, wash down water or waste from any animal pen, kennel, fowl or livestock containment area or any pet wastes generally;
(13) Any discharge from water line disinfection by super chlorination if it contains a harmful level of chlorine at the point of entry into the MS4 or surface waters;
(14) Any contaminated runoff from a vehicle wrecking yard;
(15) Any substance or material that will damage, block, or clog the MS4;
(16) Any release from petroleum storage tank (PST), or any leachate or runoff from soil contaminated by leaking PST; or any discharged or pumped, confined, or treated waste water from the remediation of any such PST release, unless the discharge has received an LPDES permit from the state;
(17) Any domestic sewage or septic tank waste, grease trap waste, or grit trap waste;
(18) Any water from a water curtain in a spray room used for painting vehicles or equipment;
(19) Any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable under prevailing circumstances;
(20) Any waste cooking oil or food waste;
(21) Any other discharge that causes or contributes to causing the Parish to violate a state water quality standard, the Parish’s LPDES Water Discharge Permit or any state issued discharge permit for discharges from its MS4.
C. Regulation of Pesticides and Fertilizers
(1) No person shall use or cause to be used any pesticide or fertilizer, in any manner that the person knows, or reasonably should know, is likely to cause, does cause, a harmful quantity of the pesticide or fertilizer to enter the MS4 or waters of the United States.
(2) No person shall dispose of, discard, store, or transport a pesticide or fertilizer, or its container, in a manner that the person knows, or reasonably should know, is likely to cause, does cause, a harmful quantity of the pesticide or fertilizer to enter the MS4 or waters of the United States.
SECTION 8. Requirements To Prevent, Control And Reduce Storm Water Pollutants By The Use Of Best Management Practices.
A. All Persons engaged in activities, which will or may reasonably be expected to result in pollutants entering the municipal storm drain system shall undertake best management practices (BMPs) to minimize such pollutants, shall provide protection from accidental discharge of pollutants to the MS4 and comply with cleanup and notification requirements of this ordinance. Such measures shall include the requirements imposed by federal, state, and local authorities. BMPs are activity specific and are described in the document “Storm Water Management Practices” (EPA 832-R-92-006) or other guidance documents available from EPA and/or LDEQ.
B. If a specific best management practice is required by the Director to prevent a pollutant from entering the municipal storm drain system, the person receiving the notice of such requirement may petition the Director to reconsider the application of the BMP to the premises or activity. The written petition must be received within ten (10) working days setting forth any reasons and proposed alternatives. The Director will act within thirty- (30) days of the petition.
SECTION 9. Compliance Monitoring.
The section applies to all facilities that have storm water discharges associated with commercial and industrial activities, including construction activity.
B. Access to Facilities.
(1) The Parish of Webster shall;; be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry to its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Parish of Webster.
(2) Facility operators shall allow the Parish of Webster ready access to all parts of the premises for the purpose of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES or LPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(3) The Parish of Webster shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Parish to conduct monitoring and/or sampling of the facility’s storm water discharge.
(4) The Parish of Webster has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at his own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Director and shall not be replaced. The cost of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing representatives of the Parish of Webster access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. A person who is the operator of a facility with a LPDES or NPDES permit to discharge storm water associated with industrial activity commits and offense if the person denies representatives of the Parish of Webster reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance.
(7) If a representative of the Parish of Webster has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Director of Public Works may seek issuance of a search warrant from any court of competent jurisdiction.
SECTION 10. Industrial Or Construction Site Storm Water Runoff Control.
A. Any person subject to an industrial or construction activity LPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director of Public Works or Parish Engineer prior to the allowing of discharges to the MS4.
B. As soon as any owner or operator has actual constructive knowledge of any discharge, which may result in pollutants entering the municipal storm drain system, such person shall promptly take all necessary steps to ensure the discovery of the source and the extent and proceed with containment and cleanup of such discharge. The owner or operator shall notify the Director of Public Works of the discharge in both of the following manners:
(1) By telephone as soon as practical or by calling the Louisiana Department of Environmental Quality and/or the local Fire Department if hazardous materials are involved, and;
(2) By written report identifying the discharge source, extent, pollutant, measures taken to mitigate the discharge, and preventive measures put in place to prevent a subsequent discharge.
SECTION 11. Enforcement.
A. Notice of Violation.
The Director may issue a written Notice of Violation to any person who has violated or is in violation of this ordinance. Failure to comply with any act required in the Notice of Violation shall be a separate violation for each day beyond the thirtieth (30th) day following the Notice of Violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. In appropriate situations the Director may notify the person orally either in person or by telephone prior to, and in some cases in lieu of, written notification.
B. Cease and Desist.
When the Director finds that a person has violated, or continues to violate any provision of this ordinance or any related laws or regulations, or that the person’s past violations are likely to recur, the Director may issue an order to the person directing them to cease and desist all such violations and direct the person to immediately comply with all requirements; and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation. Issuance of a cease and desist order shall not be a bar against, or prerequisite for, taking any other action against the person. A person’s failure to comply with an order of the Director issues pursuant to this ordinance constitutes a violation of this ordinance.
A person who willfully or negligently violates any provision of this ordinance, or any related laws or regulations shall be punished by a fine imposed by the Director of Public Works of up to $500 per day per offense.
D. Liability for Cost.
The Director of Public Works may assess liability for cost to any person in violation of this ordinance for all actual cost incurred by the Parish in surveillance, sampling and testing, abatement, and remediation associated with a discharge. Additionally, the Director may access liability for cost to any person whose discharge resulted in a violation of the Parish’s LPDES MS4 permit.
SECTION 12. Providing For Repeal of Conflicting Ordinances.
All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed.
SECTION 13. Providing For Severability.
If any section, subsection, sentence, clause, phrase, or portion of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions thereof.
SECTION 14. Right To Appeal.
Any person receiving a Notice of Violation may appeal the determination of the Director. The notice of appeal must be received within 10 days from the date of the Notice of Violation. Hearing on the appeal before the Director or his/her designee shall take place within 15 days from the date of the receipt of the notice of appeal. The decision of the Director of Public Works shall be final.
The ordinance was offered by Mr. Bruce Blanton, seconded by Mr. Jim Bonsall. Upon unanimous vote, it was duly adopted on this 5th day of January, 2010.
Ronda C. Carnahan Charles R. Walker
WEBSTER PARISH POLICE JURY
AMENDED -- ORDINANCE # 991
AN ORDINANCE REPEALING ORDINANCE NO. 829 OF FEBRUARY 2, 1988 Within Chapter 8 3/4; Article I; AND ESTABLISHING A "FLOOD DAMAGE PREVENTION" ORDINANCE FOR WEBSTER PARISH; ESTABLISHING A FEE SCHEDULE AND OTHER PROVISIONS RELATIVE THERETO.
FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATION
The Legislature of the State of Louisiana has in L.R.S. 38:84 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Police Jury of Webster Parish, Louisiana, does ordain as follows:
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Webster Parish are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
SECTION D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood water;
(4) Control filling, grading, dredging and other development which may increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
ARTICLE 2 DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
AREA OF SHALLOW FLOODING - means a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent or greater change of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication the FIRM, Zone A is refined into Zones A,
AE, AH, AO, AR, A99, V, and VE.0
BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any given year. (also called the “100-year flood”). Base flood Is the term used throughout this ordinance.
BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides.
CRITICAL FACILITY – means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT - means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING - means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.
ENCROACHMENT – means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the initial FIRM or before July 15, 1988.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations, July 15, 1988.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION- means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related
HARDSHIP (As related to variances of this Ordinance) means the Exceptional hardship that would result from a failure to grant the requested variance.l The Webster Parish Police Jury requires that the variance is exceptional, unusual, an d peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, quality as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior or;
(2) Directly by the Secretary of the Interior in states without approved programs.
INCREASED COST OF CONSTRUCTION (ICC) means the cost to repair a substantially damaged building that exceeds the minimal repair cost and that is required to bring a substantially damaged building into compliance with the local flood damage prevention ordinance. ICC Insurance coverage is provided in a standard NFIP flood insurance policy,.
LOWEST ADJACENT grade means the lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.
MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after July 15, 1988, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act, Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation
for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or (2) Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".
VARIANCE - is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance program regulations.)
VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
ARTICLE 3 GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas within the jurisdiction of the Webster Parish Police Jury.
SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Preliminary Flood Insurance Study (FIS) for Webster Parish, LA and incorporated cities," dated August 29, 2009, with accompanying Preliminary Flood Insurance Rate Maps (FIRM) dated August 29, 2009, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions of this ordinance.
(a) A Development Permit must be obtained prior to the commencement of any permanent construction, i.e., footings, slab, piers, drill shafts, etc. Applicable permit fee is to be paid at the office of the Webster Parish Police Jury upon application for development or building permit, in accordance with Webster Parish Ordinance No. 982 of December 4, 2007.
(b) Exemptions. Louisiana state, parochial or municipal subdivisions, as well as church facilities, will be required to obtain a permit for any proposed development or building as outlined above, but may apply for exemption from payment of Parish permit fees.
(c) Display of permit. Permits obtained from the Webster Parish Police Jury permit office, in accordance with this ordinance, shall be required to be displayed at the job site during the construction period.
(d) Certification. After completion of the development or building, certification must be made by a qualified architect or engineer to the Webster Parish Police Jury permit office as to the lowest floor elevation of those structures located in flood Zones A ,AE, AH, AO, AR, A99, V, and VE.0
(e) Expiration. Permits issued in accordance with this ordinance shall expire within six (6) months from date of issuance if construction has not begun. Permit fee shall be nonrefundable.
(f) Penalty. Failure to comply with the provisions of this section will result in imposition of a fine in the initial amount not to exceed five hundred dollars ($500.00), nor less than one hundred dollars ($100.00) for each offense.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be;
(1) considered as minimum requirements;
(2) liberally construed in favor of the governing body;
(3) deemed neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
ARTICLE 4 ADMINISTRATION
SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Webster Parish Secretary-Treasurer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.
SECTION B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance.
(2) Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is Louisiana Department of Transportation and Development, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A, AO, AH AE, and A1-30 on the Parish’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A, AE, AH, AO, AR, A99, V, and VE.0 on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA.
SECTION C. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes,and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
a. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section (B) (2);
d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
e. Maintain a record of all such information in accordance with Article 4, Section (B)
(2) Approval or denial of a Development Permit by the Floodplain Administrator shall be
based on all of the provisions of this ordinance and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and emergency vehicles;
f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where applicable;
i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
j. The relationship of the proposed use to the comprehensive plan for that area.
ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements.
(1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwater into the system and discharge from the systems into floodwater; and,
(7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
SECTION B. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(3), the following provisions are required:
(1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to one foot (1') or more above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)a., is satisfied.
(2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to one foot (1') or more above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator.
(3) Enclosures - new construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking vehicles, building access, or storage in an area other than a basement, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two openings on separate walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
(4) Manufactured Homes -
a. Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
b. Require that manufactured homes that are placed or substantially improved within Zones A,
AE, AH, AO, AR, A99, V, and VE.0 A1-30, on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision in which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot (1′) or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
c. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A, AE, AH, AO and A1-30, on the community's FIRM that are not subject to the provisions of paragraph (4)b. of this section be elevated so that either:
(i) the lowest floor of the manufactured home is one foot (1') or more above the base flood elevation, or
(ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A, AE, AH, AO and A1-30, on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C(1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance.
(2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance.
(4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified);
(2) All new construction and substantial improvements of non-residential structures;
(a) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified);
(b) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C (1) a., are satisfied.
(4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.
SECTION E. FLOODWAYS
Floodways -located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2) If Article 5, Section E(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions Article 5.
(3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA
It is hereby found and declared by the Webster Parish Police Jury that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately.
Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.
The ordinance was offered by Bruce Blanton , seconded by Jim Bonsall . Upon unanimous vote, it
was duly adopted on this 5th day of January, 2010.
RONDA C. CARNAHAN CHARLES R. WALKER, PRESIDENT
SECRETARY-TREASURER WEBSTER PARISH POLICE JURY
WEBSTER PARISH POLICE JURY
A RESOLUTION ENDORSING AND SUPPORTING THE PROPOSED CONSTITUTIONAL AMENDMENT WHICH RAISES THE SEVERANCE TAX BASE FROM $850,000 TO $2,850,000 FOR THE PARISHES WHO ARE CURRENTLY CAPPED UNDER THE STATE DISBURSEMENT STRUCTURE OF OIL AND GAS SEVERANCE TAXES
WHEREAS, the Webster Parish Police Jury sought the help of State Representative Rick Gallot to author and State Representative Jean Doerge along with numerous fellow Legislators to pen legislation calling for the raising of the maximum amount remitted to the parishes of oil and gas severance taxes from $850,000 to $2,850,000 annually; and
WHEREAS, Representative Gallot was the primary author, and Representative Jean Doerge co-authored on House Bill 765 which addressed said issue; and
WHEREAS, House Bill 765 was passed in both the House and the Senate by an overwhelming margin; and
WHEREAS, the final enactment House Bill 765 is dependent upon the passage of Proposed Constitutional Amendment; and
WHEREAS, a majority vote by the people for the Amendment will translate into an increase of additional revenue to Webster Parish and other like parishes that are presently capped;
BE IT HEREBY RESOLVED that the Webster Parish Police Jury does hereby endorse and support the passage of the Proposed Constitutional Amendment; and
BE IT FURTHER RESOLVED that the Webster Parish Police Jury joins neighboring Parishes and especially Claiborne Parish in support and endorsement of the passage of the Amendment.
Upon a motion by Charles Odom and duly seconded by Jim Bonsall this motion was carried and officially adopted by the Webster Parish Police Jury meeting in regular session convened on Tuesday, January 5, 2010.
Yeas – 10
Nays – 0
Ronda C. Carnahan Charles R. Walker
The following resolution was offered by __C. C. Cox________ and seconded by ____Daniel Thomas____:
A resolution approving the issuance, sale and delivery of $470,000 of Certificates of Indebtedness, Series 2010, of Cotton Valley Fire Protection District No. 8 of the Parish of Webster, State of Louisiana.
WHEREAS, Cotton Valley Fire Protection District No. 8 of the Parish of Webster, State of Louisiana (the "District"), proposes to issue not exceeding $470,000 of Certificates of Indebtedness, Series 2010 (the "Certificates") for the purpose of to acquiring and constructing fire protection equipment; and
WHEREAS, the Certificates are payable from a pledge of the revenues to be derived by the District from the levy and collection of a special tax of twelve (12) mills to be levied through the year 2018, pursuant to a special election held therein on October 4, 2008 (the ATax@); and
WHEREAS, as required by Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, it is now the desire of this Police Jury to approve the issuance of said Certificates of the District;
NOW, THEREFORE, BE IT RESOLVED by the Police Jury of the Parish of Webster, State of Louisiana, acting as the governing authority of the Parish of Webster, State of Louisiana, that:
SECTION 1. In compliance with the provisions of Article VI, Section 15 of the Constitution of the State of Louisiana of 1974, and in accordance with the request of the Board of Commissioners of Cotton Valley Fire Protection District No. 8 of the Parish of Webster, State of Louisiana, this Police Jury hereby approves the issuance, sale and delivery of not exceeding $470,000 of Certificates of Indebtedness, Series 2010, of the District, said Certificates to mature not later than March 1, 2019, and to be secured by and payable from a pledge of the revenues to be derived by the District from the Tax.