U.s. Department of Homeland Security FEMA Region VI 800 North Loop 288 Denton, TX 76209-3698 FEMA April 27, 2004 Steve Chutchian, Floodplain Administrator Town ofAddison P.O. Box 9010
Addison, Texas 75001 Dear Steve Chutchian: The purpose ofthis letter is to provide you with an official notification tillit Town ofAddison is part ofa countywide effort initiated by
FEMA to prepare Digital Flood Insurance Rate Maps for Dallas CountyThe countywide format was selected to address all communities within Dallas Countywith a single set of maps. This initiative
is known as the Multi-Hazard Flood Map Modernization Program (MHFMMP) with the primary goals ofreducing the loss of life and property, minimizing suffering and disruption caused by disaster,
and better preparing the Nation to address the consequences of flooding and other hazards. The MHFMMP is a large-scale overhaul of the nation's flood hazard maps. It is a five-year program
that is funded each year by the Federal government. Based upon a statewide priority system and a needs assessment evaluation, FEMAhas identified the need for and will initiate a flood
insUrance study update for Dallas County FEMA is in the process of issuing an RFP (Request for Proposal) to Halff Associatesa FEMA study contractor who will be asked to gather information
about your community's mapping needs in the near future. This study contractor will be in contact with your community within the next few weeks to solicit your input, participation,
and support ofthis program. Community outreach and public awareness is a critical·factor in achieving the goals ofthis program and we will need your guidance on how best to accomplish
this within your community. The study contractor will provide you with additional information as the study gets underway. Should you have any questions or would like more information
about the Map Modernization Program, please visit www.fema.govorcontacttheFEMAProjectOfficer.JackQuar1es.at (940) 898-5127. Sincerely, Frank Pagano Mitigation Division Director cc. FEMACompliance,
Dale Hoff FEMAProject Officer, Jack Quarles Study Contractor, HalffAssociates
· ." 􀀭􀁾 􀁾 ··Memo··. Decemberl4,2000 To: Mike Murphy, Director ofPublic Works From: Steve Chutchian,·Assistant City Engineer Cc: Jim Pierce, Assistant Director ofPublic Works Jim WJlson,
Project Manager Re: National Flood Insurance Program T.N.RC.C. Contact Person: Mr. James Mirabal Water Quality Division, Floodplain Management T.N.RC.C. -1-512-239-4771 Q: What happens
to the Town ofAddison ifit does not participate in the National Flood Insurance Program (NFIP)? Response: House Bill No. 1018 did not provide any means ofenforcement or penalties for
failing to enter the program. The State ofTexas Attorney General has been contacted by the lNRCC regarding this issue. No determination or course ofaction against dissenting municipalities
has been established to date. It is the intent ofthe bill to direct each city toward joining the program. Q: What level ofseverity must be reached in order for a municipality or county
to be eligtble for disaster relieffunds? . Response: At this time, no criteria exist for determining when a region will be declared a disaster area Each event is currently considered
individually. (Le., a tornado recently destroyed a large portion ofthe City of􀁊􀁡􀁲􀁲􀁥􀁾 Texas. Unfortunately, the area was not eligible for disaster reliefbecause it was determined
that the tornado carried offmostof the damaged material and the resulting clean up was minimal. Loss oflife is not· considered in disaster reliefdeterminations. The need for legislation
is being considered: . at this time, which will change the format for declaring a region eligtble for disaster relief. Under a possible sceDario, a level of$3-$5 per capita in the municipality
or region must be reached in order to be considered.
, -. -.' . . Q: What lulppens to the citizens and property owners ifthe Town ofAde&ondoes not participate in theNFIP?· . Response: Ifthe Town ofAddison is included in the NFlP, property
owners located in floodplain areas are eligt"le for Federal Disaster ReliefFunds, as a result oftQrnados, .flooding, etc. In addition, properties may be covered by flood insurance, resuhing
from . other drainage related events, such as water main breaks and construction, etc. Mr. Mirabal stated that approximately 40% ofall claims are the result offlooding from water main
systems. He also stated that ifthe Town ofAddison does not participate in the NF1P, property owners would not be eligt"le to obtain flood insurance or receive disaster relieffunds. Steve
Chutchian
TO Fax'GEtiIORAl. seRVICES ADMlfllSTM7ION P.1/1 H.B. No. 1018 ANACf relating to participation ofcities and counties in the National Flood Insurance Program. BE IT ENACTED BY THE LEGISLATURE
OFmESTATE OF TEXAS: .SECTION 1. Subchapter I, Chapter 16, Water Code, is amended by addiIig Section 16.3145 to read as follows: Sec. 16.3145. NATIONAL FLOOD INSURANCE PROGRAM ORDERS
OR ORDJNANCES. The governing body ofeach city and county shall adopt ordinances Of orders, as awronriate. necessaxy for the city or county to be eligible to narticipate in the National
Flood Tnsurai:J.ce Program. .." SECTION 2. The governing body ofeach city and ·county shall adopt ordinances or orders, as appropriate, necessaxy for the city or county to be eligible
to participate in the National Flood Insurance Program as required by Section 16.3145, Water Code, as added by this Ad, not later than January 1,2001. . SECTION 3. The imponance ofthis
legislation and the crowded condition ofthe calendars in both houses create an emergency aDd an imperative public necessity that the constitutional :rule requiring bills to be: read
on three several days in each house be suspended, and this mle is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. President
ofthe Senate Speaker ofthe House I certify that H.B. No. 1018 was passed by the House on April 7. 1999, by a non-record vote. Chief Clerk ofthe House I certify that H.B. No. 1018 was
passed by the Senate on May 24, 1999. by the following vote: Yeas 30, Nays O. Secretary ofthe Senate APPROVED: _ Date Governor
December 15,2000 MEMORANDUM To: From: Subject: Mike Murphy, P.E., Director of Public Works Jim Pierce, P.E., Assistant Public Works Director National Flood Insurance Program (NFIP) I
recently spoke with John Baumgartner to try to understand the history of why the Town of Addison had never joined the NFIP. John's recollection was the "development community" saw the
NFIP as possibly infringing on their rights to build in flood plains and they did not want a federal program interfering, slowing down, or causing more paperwork.· The development community
lobbied the mayor at that time not to join the program for those reasons. John commented that now that the Town of Addison is almost completely developed, there should not be any reason
not to join.
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ADDIsoN PUBLIC WORKS To: t!1l lJl;;'4 From: Jim Pierce, P.E. 1Mp Asst. Public Wks. Dir. Company: . 􀁾􀁫􀁳􀂢􀁾􀀮 Phone: 972/450-2879 ·FAJ(:· 972/450-2837 FAX #: 1-1 t./--1e7:J.. -?-.D2-D
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Memo December 5,2000 To: Mike Murphy, Director ofPublic Works Jim Pierce, Assistant Director ofPublic Works From: Steve Chutchian, Assistant City Engineer Cc: Jim Wilson, Project Manager
Re: FEMA Resolution & Ordinance for NFIP Ms. Angela Washington, with the City Attorney's office, has worked with the Public Works Department staffand representatives ofthe Denton, Texas
branch ofFEMA, in order to review and refine documents related to our Town's inclusion into the National Flood Insurance Program (NFIP). The attached documents are in final form and
may be presented to the Council for consideration at the January 9,2001 meeting: a. Resolution b. Ordinance c. Exhibit "A" to Ordinance Upon approval ofthe Resolution and Ordinance by
the Council, they must be submitted to the Denton office ofFEMA, with a short application form that we currently have inhand. Their office expects to receive our documents immediately
after the January 9th Council meeting. Steve Chutchian Assistant City Engineer
TOWN OF ADDISON, TEXAS RESOLUTION NO. _ RESOLUTION OF THE TOWN OF ADDISON INDICATING ITS DESIRE AND \ INTENT TO PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM; INDICATING ITS INTENT
TO ADOPT· AND ENFORCE FLOOD PLAIN MANAGEMENT REGULATIONS CONSISTENT WITH FEDERAL CRITERIA; AND DIRECTING THE CITY MANAGER TO TAKE APPROPRIATE STEPS TO IMPLEMENT THE INTENT OF THE TOWN
COUNCIL, AS OUTLINED IN THIS RESOLUTION . WHEREAS, certain areas of Addison are subject to. periodic flooding, causing 􀁾􀁤􀁡􀁭􀁡􀁧􀁥 to properties within those areas; and WHEREAS, it
is the intent of t4e Council to require the recognition and evaluation of flood hazards in all official actions relating to land use in areas having such hazards; and WHEREAS, the Town
of Addison has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Subchapter I, Chapter 16, Texas Water Code; and WHEREAS, members ofthe
community ofAddison are not eligible to purchase flood insurance under the National Flood Insurance Program unless Addison joins the National Flood Insurance Program; NOW, THEREFORE,
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. That it is the desire and intent ofthe Town of Addison to join the National Flood Insurance Program. Section
2. That the Town Council of the Town of Addison assures the Federal Emergency Management Agency that it will enact and enforce adequate land use and control measures consistent with
the requirements and criteria ofthe National Flood Insurance Program. Section 3. That the City Manager or his designee is hereby directed to: a. assist the Federal Insurance Administrator
(Administrator), at the Administrator's request, in the delineation ofthe limits ofthe area having special flood hazards; b. provide such information concerning present uses and occupancy
of the floodplain, mudslide (i.e., mudflow) or flood-related erosion areas as the Administrator may request; 1 Document #: 928397
c. maintain for public inspection and furnish upon request, for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified
on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM), any certificates of floodproofing, and information on the elevation (in relation to mean sea level) of the level
of the lowest floor (including basement) of all new construction or substantially improved structures, and include whether or not such structures contain a basement, and if the structure
has been floodproofed, the elevation (in relation to mean sea level) to which the structure was floodproofed; d. cooperate with Federal, State and local agencies and private :firms which
undertake to study, survey, map and identify floodplain, mudslide (i.e., mudflow) or floodrelated erosion areas, and cooperate with neighboring communities with respect to management
of adjoining floodplain, mudslide (i.e., mudflow)-and flood-related erosion areas in order order to prevent aggravation ofexisting hazards; e. upon occurrence, notify the Administrator
in Writing whenever the boundaries of Addison have been modified by annexation or Addison has otherwise assumed or no longer has authority to adopt and enforce floodplain management
regulations for a particular area. In order that all FHBM's and FIRM's accurately represent Addison's boundaries, include within such notification a copy of a map of the Town suitable
for reproduction, clearly delineating the new corporate limits or new area for which Addison has assumed or relinquished floodplain management regulatory authority; and f. submit an
annual report to the Administrator concerning Addison's participation in the Program, including, but not limited to the development and implementation offloodplain management measures.
Section 4. That the City Manager is further directed to take appropriate steps to implement the intent ofthe Council, as outlined in this resolution. Section 5. That the Town Council
ofthe Town ofAddison intends to take such other official action as may be reasonably necessary to carry out the objectives of any floodplain management measures adopted. PASSED AND APPROVED
by the Town Council ofthe Town ofAddison, Texas this the _____dayof ,2000. R Scott Wheeler, Mayor ATTEST: APPRovED AS TO FORM: Ken C. 􀁄􀁩􀁰􀁰􀁥􀁾 City Attorney By: 􀁾 _ Carmen Moran,
City Secretary By: --=-------------2 IloaJmeul #: 928397
TOWN OF ADDISON ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, AMENDING CHAPTER 42, "FLOODS," OF THE CODE OF ORDINANCES OF THE CITY BY AMENDING ARTICLE
ll, "FLOOD DAMAGE PREVENTION," TO ENSURE ELIGffiILITY FOR pARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE•. WHEREAS, the flood hazard areas of Addison, Texas are subject to periodic inundation which could result inPeus' damage to properties within those areas, 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 would adversely
affect the public health, safety and general welfare; and Whereas, such 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 hazard areas by uses vulnerable to floods, and hazardous to other lands because they are inadequately elevated, floodproofed or
otherwise protected from flood damage; and WHEREAS, members ofthe community ofAddison are not eligible to purchase flood insurance under the National Flood Insurance Program unless Addison
joins the National Flood Insurance Program; and WHEREAS, Section 16.3145 ofthe Texas Water Code provides that the governing body ofeach city shall adopt ordinances or orders necessary
for the city to be eligible to participate in the National Flood Insurance Program; and WHEREAS, The City Council desires to amend Chapter 42, "Floods," of the Code of Ordinances to
ensure that the Town's regulations are adequately designed to minimize flood losses and ensure eligibility for participation in the National Flood Insurance Program; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. Incorporation of Premises. That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereoffor all purposes. Section 2. Amendment. That Chapter 42, "Floods," ofthe Code ofOrdinances ofthe Town of Addison, Texas (the "City") is hereby amended by
amending Article II, "Flood Damage Prevention," as set forth in Exhibit A attached hereto and incorporated herein, and all other chapters, sections, subsections, paragraphs, sentences,
phrases and words of the Code are not amended but are hereby ratified, verified, approved and affirmed. . Document #: 930087 1
Section 3. Savings. That this ordinance shall be. cumulative of all other ordinances of the City affecting flooding and shall not repeal any of the provisions of those ordinances except
in those instances where the provisions of those Ordinances are in direct conflict with the provisions ofthis Ordinance. Section 4. Severability. That the sections, paragraphs, sentences,
phrases, clauses and words of this Ordinance are severable, and ifany section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance
is held invalid or unconstitutional by a Court ofcompetent jurisdiction, such holding shall not affect the validity of the remaining portions ofthis Ordinance, and the City Council hereby
declares that it would have adopted such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. Effective
Date. That this ordinance shall become effective from and after its date ofpassage as provided by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF TIIE TOWN OF ADDISON, TEXAS, this
day of , 2000. Mayor Scott Wheeler ATTEST: Carmen Moran, City Secretary APROVED AS TO FORM: Ken Dippel, City Attorney Document#: 930087 2
EXHIBIT A ARTICLE ll.FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY Sec. 42-31. Statutory Authorization. Local governments are authorized by Chapter 16 of the Texas Water Code to adopt
regulations designed to minimize flood losses, and to take all necessary and reasonable actions to comply with the requirements and criteria ofthe 􀁎􀁡􀁴􀁩􀁯􀁾 Flood Insurance Program.
Sec. 42-32. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give
this article its most reasonable application. The following words, terms and phrases, when used in this article, shall have the meanings ascn"bed to them in this section, except where
the context clearly indicates a different meanmg: 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 oferosion, 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 ofshallowflooding means a designated AO, 􀁁􀁈􀁾
or VO zone on the 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 means
the land in the floodplain subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After
detailed raternaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zone A, AE, Ali, AO, AI-99, VO, VI-30, VE or V; Base flood means the
flood having a a one percent 􀁣􀁨􀁡􀁮􀁣􀁾 of being equaled or exceeded in any given year. Basement means any area ofthe building having its floor sub-grade (below ground level) on all
sides. 1
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 to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage ofequipment or materials. Elevated building means a non-basement building (i) built, in the case of a building in Zones AI-3D, AE, A, A99, AO, AH, B,
C, X, and D, to have the top ofthe elevated floor, or in the case of a building in Zones VI-3D, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated
floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair
the structural integrity 􀁾􀁦 the building during a flood of up to the magnitude ofthe base flood. In the case ofZones AI-3D, AE, A, A99, AO, AH, B, C, X, and D, "elevated building"
also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones
VI-3D, VE, and V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls
if the breakaway walls meet the standards of Section 6D.3(e)(5) of the National Flood Insurance Program regulations. Existing construction means for the purposes of determining rates,
structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction"
may also be referred to as "existing structures." 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 ofconcrete pads) is completed before the effective date ofthe adoption offloodplain management regulations. 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 ofconcrete pads). Flood or flooding means a general and temporary condition of partial or complete inUndation
ofnormally dry land areas from: (l) the overflow ofinland or tidal waters; or (2) the unusual and rapid accumulation or runoffofsurface waters from any source. 2
Flood insurance rate map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones.
Flood insurance study means 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 jlood-prone area means any land area susceptible to being inundated by water from any source (see definition offlooding). Floodplain
management means the operation of an overall program of corrective and preventive measures for reducing flood 􀁤􀁡􀁭􀁡􀁧􀁾􀀬 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, 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 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 non-structural 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 jloodway) 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 that cannot perform its intended purpose unless it is located or carried out in close proximity to water. .The term includes only docking
fa9ilities, 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 manufacturing facilities. . Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls ofa structure.
Historic structure means any structure that is: 3
(1) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary ofthe Interior as
meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contnouting to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qua.lifY as a registered historic district; or (3) individually listed on the
state's inventory ofhistoric places. Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain,
contr04 or divert the flow ofwater so as to provide protection from temporary flooding. . Levee system means a flood protection system that consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor means the lowest floor of the lowest
enclosed area (including basement). An unfinished or flood resistant enclosure usable solely for parking or 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 nonelevation 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 Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the Flood Insurance Rate Map are referenced.
National Flood Insurance Program Regulations means those regulations contained in Chapter 1 of Title 44 of the Code of Federal Regulations (CFR) pertaining to floodplain management.'
New construction means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or
4
after December 31, 1974, 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 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 ofconcrete pads) is completed on or after
December 12, 2000. Recreational vehicle means a vehicle that is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed
to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational,
camping, 􀁴􀁲􀁡􀁶􀁥􀁾 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 frrst 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 ofaccessory 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 ofthe building. Structure means a walled and roofed building, including a gas or
liquid storage tank and a manufactured home, that is principally above ground. . 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 ofthe 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 ofthe market value ofthe structure before "start of construction" ofthe
improvement. This includes structures that 5
have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement ofa structure to correct
existing violations ofstate or local health, sanitary, or safety code specifications which have been identified by the building 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 means a grant
of relief from the requirements of this article that permits construction or development in a manner that would otherwise be promoited by this article. Violation means the failure of
a structure or other development to be fully compliant with the Town's floodplain management regulations. A structure or other development without appropriate certifications, or other
required evidence of compliance is· presumed to be in violation until such time as that documentation 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 ofcoastal or riverine areas.
Sec. 42-33. Applicability. This article applies to all areas of special flood hazard within the jurisdiction of the Town. Sec. 42-34. Penalties for noncompliance. No structure or land
shall hereafter be constructed, located, extended, converted, or altered, or have its use changed without full compliance with the terms of this article and all other applicable regulations.
Violation of the provisions of this article by failure to comply with any of its requirements, including. violations of conditions and safeguards established in connection with conditions,
shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for
each violation in accordance with Section 1-7 ofthis Code, and in addition shall pay all costs and expenses involved in the case. Nothing contained in this article shall prevent the
Town from taking such other lawful action as is necessary to prevent or remedy any violation. Sec. 42-35. Interpretation. In the interpretation and application ofthis article, all provisions
shall be: (1) considered as minimum requirements; 6
(2) h1Jerally construed in favor ofthe city council; and (3) deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 42-36. Purpose. . It is the purpose
ofthis article 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:
(l) protect human life and health; (2) minimize expenditure ofpublic money for costly flood control projects; (3) minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense ofthe 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) ensure that potential buyers are notified that property is in a flood area. Sec. 42-37. Basis for establishing
the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood
Insurance Study for Addison, Texas," havt ? with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM 􀁾 and FBFM), dated July 30, 1999, and any revisions thereto
are hereby adopted by reference and declared to be a part ofthis article. The flood insurance study is on file at 4500 Belt Line Road, Addison, Texas. Sec. 42-38. Abrogation and"greater
restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 7
Sec. 42-39. Methods of reducing Oood losses. In order to accomplish its purposes, this article includes methods and provisions for: (1) restricting or prohibiting uses that are dangerous
to health, safety or property in times offlood, or that cause excessive increases 􀁾 tlood heights or velocities; (2) requiring that uses wlnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time ofinitial construction; (3) controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters; (4) controlling filling, grading, dredgmg mid other development which may increase flood damage; and (5) preventing or regulating
the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other areas. Sec. 42-40. Warning and disclaimer or liability. The
degree of flood protection required by this article 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 article 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 article shall not create liability on the part ofthe Town or any officer or employee thereoffor any flood damages
that result from reliance on this article or any administrative decision lawfully made under this article. Sees. 42-41-42-55. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec.
42-56. Floodplain administrator. The Director of Public Works is hereby appointed the Floodplain Administrator to administer and implement this article and other appropriate sections
of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. Sec. 42-57. Duties & responsibilities ofthe Ooodplain administrator. 8
Duties and responsibilities of the Floodplain Administrator include, but are not limited to, the following: (1) Maintaining for public inspection all records pertaining to the provisions
of this article. (2) Reviewing permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
(3) Reviewing all applications for development permits required by this article to determine that all permit requirements haye been satisfied.. (4) Reviewing permits for proposed development
to determine 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) Making interpretations, where 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). (6) Notifying adjacent communities and the Texas Natural Resource
Conservation Commission prior to any alteration or relocation of a watercourse, and submitting evidence ofsuch notification to the Federal Emergency Management Agency. (7) Assuring that
the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) Obtaining, reviewing and reasonably utilizing any base flood elevation data
and floodway data available from a federal, state or other source, in order to administer this article, when base flood elevation data has not been provided in accordance with Section
42-37. (9) Requiring that no new construction, substantial improvements, or other development (including :fill) shall be permitted within Zones AI-3D and AE on the FIRM when a regulatory
floodway has not been designated, 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 Town. (10) Making application under the provisions of 44 CFR Chapter 1, Section
65.12, of the National Flood Insurance Program regulations .for a conditional FIRM revision (Conditional Letter of Map Revision) through FEMA, when appropriate 9
to approve development that increases the water surface elevation of the base flood by more than one foot in Zone AI-30, AE, or AlI, on the FIRM. Sec. 42-58. Development permit -required
A development permit must be obtained before construction or development begins within any area ofspecial flood hazard to ensure conformance with the provisions ofthis article. Sec.
42-59. Development permit -procedure. (a) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by the Administrator and must include,
but is not 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: (1) Elevation
(in relation to mean sea level), of the lowest floor (including basement) ofall new and substantially improved structures. (2) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed. (3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria
of Paragraph 2 ofSection 42-77. (4) A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result ofproposed development. (b) The
Administrator must maintain a record of all such information in accordance with Paragraph I of Section 42-57. . (c) Approval or denial of a Development Permit by the Floodplain Administrator
shall be based on the provisions ofthis article and the following relevant factors: (l) The danger to life and property due to flooding or erosion damage. (2) The susceptibility of the
proposed facility and its contents to flood damage and the effect ofsuch damage on the individual 􀁯􀁷􀁮􀁾􀁲􀀮 (3) The danger that materials may be swept onto other lands to the 􀁾􀁵􀁲􀁹
ofothers. (4) The compatibility ofthe proposed use with existing and anticipated development. 10
(5) (6) (7) (8) (9) (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. 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. The expected heights, velocity,
duration, rate ofrise and sediment transport ofthe floodwaters and the effects ofwave action, ifapplicable, expected at the site. The necessity to the facility ofa waterfront location,
where applicable. The availability of alternative locations, not subject to flooding or eroSIOn . damage, for the proposed use. The relationship ofthe proposed use to the comprehensive
plan for that area. Sec. 42-60. Variances. (a) The building code board of appeals as established by the Town shall hear and decide appeals and requests for variances from the requirements
ofthis article. (b) The building code board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this article. All decisions of the building code board ofappeals are final. (c) In passing upon such applications, the building
code board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections ofthis article and: (1) The danger that materials may be swept
onto other lands to the injury ofothers; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood
damage and the effect ofsuch damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility
ofa waterfront location, where applicable; 11
·(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility ofthe proposed use with existing and anticipated
development; (8) The relationship of the proposed use to the comprehensive plan· and floodplain management program ofthat area; (9) The safety of access to the property in times of flood
for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate ofrise and sediment transport ofthe floodwaters and the effects ofwave 􀁾􀁣􀁴􀁩􀁯􀁮􀀬 ifapplicable,
expected at the site; and (11) The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such
as sewer, gas, electrical and water systems and streets and bridges. (d) Upon consideration of the factors of this section and the purposes of this article, the building code board ofappeals
may attach such conditions to the granting ofvariances as it deems necessary to further the purposes ofthis article. (e) The Floodplain Administrator shall maintain a record of all .appeal
actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. (f) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level,
providing the relevant factors in Subsections (c)(I) through (c)(ll) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification
required for issuing the variance increases. (g) Variances may be issued for the repair or rehabilitation ofhistoric structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design ofthe structure.
(h) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:(1) the
criteria outlined in this section are met, and' (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional
threats to public safety. 12
(i) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register ofHistoric Places or the State Inventory ofHistoric Places,
without regard to the procedures set forth in the remainder ofthis section. CD Variances shall not be issued within any designated floodway if any increase in flood levels during the
base flood discharge would result. (k) Prerequisites for granting variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief. (2) . Variances shall only be issued upon: a. a showing ofgood and sufficient cause; b. a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization ofthe public, or or conflict with existing local laws or ordinances. (1) Any applicant to whom a variance is granted
shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will
be commensurate with the increased risk resulting from the reduced lowest floor elevation. Sees. 42-61-42-75. Reserved. DIVISION 3. FLOOD HAZARD REDUCTION Sec. 42-76. General standards.
In all areas ofspecial flood hazards the following standards are required: (1) Anchoring. All new construction or substantial improvements must be designed (or modified) in such a manner
that they are adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects ofbuoyancy.
13
(2) Construction materials and methods. a. All new construction or substantial improvements must be constructed by methods and practices that minimize flood damage. b. All new construction
or substantial improvements must be constructed with materials resistant to flood damage. (3) . Utilities. a. All new construction and substantial improvements must be constructed with
electrica4 heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and located so as to prevent water from entering or accumulating
within the components during conditions offlooding. b. All new and replacement water supply systems must be designed to minimize or eliminate infiltration offloodwaters into the system.
c. All new and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into the system, and to minimize or eliminate discharge from
the systems into flood waters. d. On-site waste disposal systems must be located to avoid impairment to them or contamination from them during flooding. Sec. 42-77. Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 42-37, regarding the basis for establishing the area of special flood
hazard, Paragraph 8 of Section 42-57, pertaining to the use of other base flood data, or Paragraph 3 of Section 42-78, pertaining to standards for subdivision proposals, the following
provisions are required: .. (1) Residential Construction. New construction and substantial improvement of any residential structure must have the lowest floor, including basement, elevated
at least two feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that this
standard is satisfied. The Administrator shall maintain a record ofsuch certification. (2) Nonresidential Construction. New construction and substantial improvements of any commercia4
industrial or other nonresidential structure must either have the lowest floor, including basement, elevated at least two feet above the base flood elevation, or together with attendant
utility and sanitary facilities, be designed so 14
that below the base flood elevation 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 or review the structural 􀁤􀁥􀁳􀁩􀁾 specifications, and plans
for the construction, and shall certify to the Floodplain Administrator that the design and methods of construction are in accordance with accepted standards of practice as outlined
in this article. A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed must be maintained by the
Administrator. (3) Enclosures. New construction and substantial improvements with fully enclosed areas below the lowest floor that. are usable solely for parking of vehicles, building
access or storage in an area other than a basement and which are subject to flooding, must be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwaters. 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 having a total net area of not less than one square inch for every square foot ofenclosed area subject to flooding must be provided. b.
The bottom ofall openings must be no higher than one foot above grade. c. Openings equipped with screens, louvers, valves, or other coverings or devices must permit the automatic entry
and exit offloodwaters. (4) Manufactured Homes. a. Manufactured homes to be placed within Zone A on the FHBM or FIRM must be installed using methods and practices that 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 limited to, use of over-thetop or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind
forces. b. Manufactured homes that are placed or substantially improved within Zones AI-3D, AH, and AE on the 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
on which a manufactured home has incurred "substantial damage" as a result of a flood, must be elevated on a permanent 15
L' foundation such that the lowest floor ofthe manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement. c. Manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones
AI-30, AH and AE on the FIRM that are not subject to the provisions of Paragraph (4)b. ofthis section must be elevated so that either: 1. the lowest floor of the manufactured home is
at or above the base flood elevation, or n. the manufactured home chassis is supported by reinforced piers or other foundation elements ofat least equivalent strength that are no . less
than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles.
Recreational vehicles placed on sites within Zones AI-30, AH, and AE on the FIRM must either: a be on the site for fewer than 180 consecutive days; b. be fully licensed and ready for
highway use; or c. meet the permit requirements of Section 42-59, 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. Sec. 42-78. Standards for subdivision proposals. (1) All subdivision proposals, including the placement of manufactured home parks and subdivisions, must be consistent
with the need to minimize flood damage, (2) All proposals· for the development of subdivisions, including the placement of manufactured home parks and subdivisions, must meet Development
Permit requirements ofthis article. (3) Base flood elevation data must be provided for subdivision proposals and other proposed development, including the placement of manufactured home
parks and subdivisions, that is greater than 50 lots or 5 acres, whichever is less, if not 16
􀀬􀁾 otherwise provided pursuant to Section 42-37 regarding the basis for establishing the areas of special flood hazard or Paragraph 8 Section 42-57 pertaining to the use ofother base
flood data. (4) All subdiVision proposals, including the placement of manufactured home parks and subdivisions, must have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals, including the placement of manufactured home parks and subdivisions, must have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage. Sec. 42-79. Standards for areas of shallow flooding (AO/AH Zones). Located within the areas of special flood hazard
established in Section 42-37, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three 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: (l) All new construction and substantial improvements of residential structures must 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 FIRM (at least two feet ifno depth number is specified). (2) All new construction and substantial improvements
of non-residential structures must: 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 FIRM (at least two feet ifno 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 ofeffects ofbuoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain
Administrator that the standards ofthis Section are satisfied. (4) Within Zones AH and AO, adequate drainage paths must be provided around structures on slopes to guide flood waters
around and away from proposed structures. 17
I.' Sec. 42-80. Floodways Located within areas of special flood hazard established in Section 42-37, are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters that· carry .debris, potential projectiles and erosion potential, the following provisions 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 Town during the occurrence ofthe base flood
4ischarge. (2) If Paragraph (1) ofthis Section 42-80 is satisfied to permit encroachment, all new construction and substantial improvements must comply with all applicable flood hazard
reduction provisions ofthis article. (3) Encroachments within the adopted regulatory floodway floodway that would result in an increase in base flood elevations are prom"bited, unless
the Floodplain Administrator obtains a conditional FIRM and floodway revision through FEMA. 18
fects of a wide range of disasters. The agency was formed in 1979 in a FOR MORE THAN 20 years, the Federal Emergency Management merger of many disaster-related responsibilities. Agency
CFEMA) has planned for, responded to and mitigated the ef-One objective of the Map Modernization Program is to increase local involvement and ownership in the flood-mapping process.
To achieve this goal, FEMA has developed the Cooperating Technical Partners (CTP) program. The CTP program allows communities, regional agencies and state agencies to partner in the
effort by performing a part of the overall mapping effort. Eligible entities include municipalities, counties, watershed management and flood control districts, regional planning councils,
councils of governments, and regional offices of state agencies. Participating partners must have processes and/or systems supported by nonfederal funding for mapping or data-collection
activities that contribute to flood-hazard identification. Partners receiving federal funding through a cooperative agreement must have in-house technical capabilities to complete the
mapping activities and to perform related financial-management activities. The necessary capabilities may be determined through (but not limited to) a the CTP program Each FEMA regional
office determines how much of its annual mapping budget will be allocated to mapping activities. "For the FY 2003 funds, only the top 10 percent of counties were considered for updates,"
Beitel noted. "However, Cooperating Technical Partners (CTP) communities in the top 20 percent of counties were also considered, so local participation can be critical for anyone interested
in moving closer to the front of the line." FEMA estimates that updating its flood maps nationwide will cost around $990 million. President Bush's FY 2003 budget proposed an additional
$300 million for FEMA's Map Modernization, and the final FY 2003 budget included an additional $150 million. The upcoming FY 2004 budget, recently approved by Congress, included an additional
$200 million. funding as DFIRMS. To prepare for the increased workload, FEMA's Region VI has put in place five indefinite delivery contracts. To prioritize the selection of communities
for updated mapping, FEMA has developed Map Modernization Plans for each state, using the information stored in its Map Needs Assessment database (MNUSS). However, since only about 10
percent of eligible communities have any information in MNUSS, the counties with the highest priority tend to be the ones that have the most information in MNUSS. "Communities can gain
assistance in completing their MNUSS data through working with consulting firms that are authorized to enter data directly into the system," said Curtis Beitel, senior water resources
engineer with Carter & Burgess, thus giving them a leg up in updating their flood maps. One of FEMA's roles is to oversee the National Flood Insurance Program (NFIP) mandated by the
National Flood Insurance Act of 1968. Under its Flood Hazard Mapping Program, FEMA identifies, publishes and updates information on floodprone areas and has published and updated flood
maps for more than 19,000 communities. These maps are important because they are used to administer the NFIp, through which cities regulate floodplain development. Nationwide, more than
75 percent of FEMA's flood maps are now more than 10 years old, some more than 20 years old, so updates are urgently needed. Such assessments are vital because flood-hazard conditions
vary over time as a result of natural and manmade changes in watersheds and floodplains, putting more homeowners at risk. FEMA plans to reduce the backlog of outdated flood maps by producing
new Digital Flood Insurance Rate Maps known The Federal Emergency Management Agency (FEMA) has planned for, responded to and mitigated the effects of a wide range of disasters for more
than 20 years. Under its Flood Hazard Mapping Program, FEMA identifies, publishes and updates information on flood-prone areas and has published and updated flood maps for more than
19,000 communities Ti,ird Issue 2003 /Quarterly 35
Charlotte County Storm Water Master Plan Phase I Charlotte County, Florida Carter &Burg'ess, Inc. developed a storm water master plan for the Charlotte County (Florida) Department of
Public Works in anticipation of future National Pollutant Discharge Elimination System (NPDES) permitting requirements. GIS was used to develop the database for establishing project
priorities within the county's 80 drainage basins. process, FEMA has developed the Cooperating Technical Partners (CTP) program, which allows regional agencies and state agencies to
partner in the effort by performing a part ofthe overall mapping effort. a range of benefits "Communities that partner with FEMA rather than simply sitting back and waiting their turn
will realize a number of benefits," says Steve Veal, Carter & Burgess principal and public works unit manager in Fort Worth. The obvious advantage is that they will be among the first
to get updated flood maps that reflect current conditions instead of having to rely on outdated information. The CTP program also provides the opportunity to create flood maps that are
particularly suited to a community rather than a cookie-cutter approach to be used Burgess helped the city fulfill its CTP responsibilities (see sidebar). Contractors used by partners
for FEMA-funded activities must meet the requirements of Part 13 of the Code of Federal Regulations (44 CFR Part 13§13.36), which covers procurement standards for contracted mapping-related
activities. One way that FEMA is integrating partners into the flood-hazard data-development process is to aim for a 20 percent statellocal contribution for this work. CTP has a set
process through which cities can complete a portion of this process, including technical review services or topographic mapping, as their in-kind contributions. Communities can undertake
the mapping activities themselves and/or hire consultants to complete their portion of the project. In such cases, partners must have in-house staff that can monitor contractors and
sign off on their work. "If partners opt to contract all or part of one of these projects," Beitel notes, "it would be best if they hired someone with experience working directly with
FEMA." A good example of this is the Arkadelphia, Arkansas, DFIRM project, where Carter & in-kind contributions FEMA regional office review of both the map products previously prepared
by partners and the existing map-production processes or systems that partners intend to use for CTP-related mapping activities. FEMA can also provide data, training and technical assistance
and facilitate mentoring of current and potential partners. To become a CTp, the governing body of the community executes a partnership agreement that emphasizes the NFIP's three general
components: insurance, floodplain management and mapping. Then individual Mapping Activity Statements (MASs) are developed which specify the scope and schedule for the parts ofFENWs
mapping process the community will perform. Developed collaboratively by partners and FEMA, the MASs also spell out the responsible entities, funding and the nature of each partner's
working relationship with FEMA. Partners may perform various mapping activities, separately or in combination, under MASs with FEMA. FEMA retains the final authority for issuing flood
maps and revisions, and partners face no additional liability by participating in the CTP program. Existing federal and state laws govern an entity's liability for providing information
to the public, enforcing local ordinances and carrying out zoning regulations. To expedite the map modernization 36 Quarterly /Third Issue 2003
in every locale. Thus, where site-specific conditions exist, unique approaches to flood-hazard identification can be taken. "The FEMA data used for local permitting and planning kills
two birds with one stone: besides being used for these activities, it is also the basis for the NFIP map, facilitating more efficient and cost-effective floodplain management," says
Veal. The partnership mechanism also provides the opportunity for different entities to pool their resources and thus extend the productivity of limited public funds. The ripple effect
extends to protection of citizens. Updated maps can reduce damage from a flooding event by preventing developers from building houses in areas that are not appropriate. "Homeowners may
buy a house that they don't realize is too low in the floodplain," Beitel explains, "and when it floods, they are usually shocked, and the developer is long gone. Often they don't have
flood insurance because they didn't realize they needed it." CRS credit points To recognize communities that voluntarily reduce their risk of flooding and increase flood-protection effectiveness
above and beyond the minimum NFIP requirements, FEMA established the Community Rating System (CRS) to provide reduced risk premium rates. The CRS program awards credit points for a range
of activities, and depending on the total number of points, a community is placed in one of 10 class categories. Communities enter the program as Class 10 communities, and as they accumulate
points, their classification is reduced. Each reduction in class is accompanied by a 5 percent reduction in flood insurance premium rates, so a Class 9 community gets a 5 percent reduction,
a Class 8 community gets a 10 percent reduction, and so on. Amaximum of 143 credit points can be awarded in the CRS program. Signing a CTP partnership agreement merits10 CRS credit points.
If the community is served by a state or regional agency that has signed a CTP partnership agreement, the community receives 10 more points. The remaining 123 points are awarded based
on the types of flood map projects and floodplain management activities the community undertakes in partnership with FEMA. For example, credit points are awarded to projects resulting
in better and more-detailed flood-hazard infonnation or enforcement of a higher level of regulation. More than 100 communities, regional agencies and state agencies have signed partnership
agreements with FEMA, and the number is growing. Eligible communities, regional agencies and state agencies should contact their regional CTP coordinators for up-to-date information.
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