The Collectivity of Saint-Martin presents new short-term town planning rules taking into account the State's expertise on cyclonic marine submersion

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The State presented its updated hurricane hazard map drawing lessons from marine submersions caused by Hurricane IRMA. The Collectivity of Saint-Martin has formulated new short-term town planning rules based on this mapping. The set was presented at a joint press conference.

More than four months after the passage of Hurricane IRMA, the delegated prefect of Saint-Barthélemy and Saint-Martin, Ms. Anne LAUBIES, the interministerial delegate for reconstruction, Mr. Philippe GUSTIN, and the President of the Collectivity, M Daniel GIBBS, held a press conference at the Hôtel de la Collectivité during the month of January to present the results of the last state expertise concerning the risks of marine submersion in Saint Martin, as well as the new rules. and adapted procedures of the Community in matters of town planning.

"We acted with method and anticipation, by proposing in October an amendment to the Town Planning Code aimed at simplifying procedures and allowing Saint-Martin residents living in unexposed areas to rebuild identically. Today, while we have read the new PPRN hazard map, we have erected the new urban planning rules for the Collectivity. Consequently, these new rules take fully into account the lessons learned from IRMA and the elements brought to our attention by the State, ”underlined Daniel GIBBS during his speech.

“The State does not have the competence of town planning in Saint-Martin but that of the environment and risks. He therefore drew up a new map of the cyclonic hazard by marine submersion from the floods caused by IRMA. The Collectivity has shown responsibility by adapting its town planning rules to this map, ”added Philippe GUSTIN.

Due to remain in force until October 2018, the adapted rules and procedures presented today by the Collectivity aim to allow individuals and businesses to start reconstruction before the adoption of definitive town planning measures.

In the protocol signed on November 21 with the Collectivity, the State undertook to quickly draw up an updated map of the hurricane hazard and a precise diagnosis of the territory, equipment and buildings. For its part, the Collectivity had undertaken to present a short-term reconstruction action plan as quickly as possible and adopt a real urban planning regulation taking into account the lessons of IRMA.

“In this reconstruction, skills are shared. It is imperative that the Collectivity and the State work hand in hand, each in its field of competence, if we want to succeed, "indicated the delegated prefect, Anne LAUBIES.

 

A new map of the cyclonic hazard to fire IRMA lessons

An overseas community since 2007, Saint-Martin is autonomous in terms of town planning. However, the State has retained environmental competence and can therefore define rules for the prevention of natural risks for the benefit of people and property. A Natural Risk Prevention Plan (PPRN) was thus adopted by the State in 2011, in which risk areas are defined where construction is prohibited or authorized subject to certain specific rules of an individual or collective nature.

The PPRN of Saint-Martin is based on several hazard maps, in particular a map of the cyclonic hazard which draws the areas where there is a risk of flooding by marine submersion in the event of a hurricane.

IRMA having been of unprecedented violence (category 5, winds at more than 370 km / h), the flooding by marine submersion caused by the hurricane exceeded in certain places that foreseen by the PPRN map of 2011.

The State therefore wished to update this map as quickly as possible in order to clarify the decisions of the Collectivity in the short term in terms of reconstruction and to prepare the development of a new PPRN.

"The State mandated an expert mission the day after the hurricane," said the delegate prefect Anne LAUBIES, recalling that a Cerema mission had been sent by the ministry responsible for sustainable development on September 8. A second Cerema mission was sent at the beginning of October, to carry out all the surveys of the submersion limits and water heights reached during the IRMA passage, allowing the development of a new map of the cyclonic hazard by marine submersion.

Among the main lessons, we note that on the littoral cordon of Nettle Bay, Orleans District, Orient Bay and Cul-de-Sac, IRMA has caused flooding by marine submersion sometimes much greater than those recorded during of the last hurricanes.

As cyclones of IRMA intensity are likely to recur, the State brought the new card to the attention of the Collectivity of Saint-Martin on November 30, asking it to fully integrate these data, both in terms of planning than authorization to build or rebuild.

Pending a revision of the PPRN of Saint-Martin, and in application of the provisions of article 11-5 of the town planning code of the Collectivity of Saint-Martin which states that "the project may be refused or be accepted only subject to observance of special requirements if it is likely to endanger (...) public security because of its location, characteristics, size or location near to 'other facilities', any construction project occurring in the blue zones of the updated cyclonic hazard map must be carefully analyzed in order to determine the conditions of its acceptability and feasibility with regard to height of water observed during IRMA.

 

New short-term rules for reconstruction

In the light of the hazard map, the Collectivity of Saint-Martin defined the regulatory framework for reconstruction with a double objective: the adaptation of rules and procedures to the new reality of the territory and responsible reconstruction taking into account the risks for exposed residents.

“The substantive work carried out by the Collectivity, since the beginning of December, in partnership with the State services, now allows us to propose a clear procedure. Our objective is to find suitable solutions for our citizens, to support them in the reconstruction, while protecting them from the risks of marine submersion ”, indicated the President GIBBS.

A consultant architect will be made available by the Community to support the petitioners in a quality approach.

For housing, the Collectivity wished to distinguish the authorizations for repair work (eg roofs, replacement of doors and windows) and those concerning identical reconstruction. Of course, the procedures for all new construction remain unchanged.

In the case of repair work in a district located outside risk areas, work is authorized without the filing of a prior declaration.

On the other hand, in the districts affected by cyclonic risks, repairs are authorized subject to the filing of a prior "IRMA" declaration. For the safety of the inhabitants, it was important for the Community to authorize these repair works, subject however to compliance with the rules in force.

The Collective will authorize identical reconstruction, or modified (to take into account cyclonic effects), on land not exposed to cyclonic hazards if the construction has been the subject of a building permit and provided that the project respects the initial building permit.

A simple "IRMA" prior declaration must then be filed by the petitioner. On the other hand, if the building to be reconstructed has not been the subject of a building permit, regularization is compulsory.

In areas exposed to risks, a stay of proceedings will be opposed to requests for reconstruction. This means that the Collectivity will give itself a maximum of 2 years to study the solutions to bring to the inhabitants concerned. Consequently, only urgent repairs will be authorized, in particular those concerning the removal of water and air from buildings.

 

With regard to economic activities located outside areas exposed to cyclonic risks, planning permission, building permit or prior declaration depending on the nature of the work is mandatory.

 

Economic activities located in risk areas will have to take cyclonic effects into account in their reconstruction in order to reduce the vulnerability of their building (setback, materials, elevation) and the safety of their customers (construction of a "safe room" upstairs for hotels built along the coast…). Their reconstruction may be accepted after checking by the security and accessibility commission, and subject to compliance with town planning rules.

 

This adapted procedure will be applicable until October 1, 2018, in accordance with the decision of the Territorial Council of November 9, 2017.

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