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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 serious damage to properties within those areas; and WHEREAS, it is
the intent of the 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 of
the community of Addison 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 of the 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 enforcc adequate land use and control measures consistent with
the requirements and criteria of the 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 of the 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 􀁾􀁴􀀣􀀺􀀹􀀲􀁓􀀳􀀹􀀷􀀠
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 to prevent aggravation of existing 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 of floodplain management measures. Section 4. That the
City Manager is further directed to take appropriate steps to implement the intent of the Council, as outlined in this resolution. Section 5. That the Town Council ofthe Town of Addison
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
of the Town ofAddison, Texas this the _____day of ,2000. R. Scott Wheeler, Mayor ATTEST: APPROVED AS TO FORM: By: By: 􀀭􀀭􀁾􀀭􀀭􀁾􀁾􀀭􀀭􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭Carmen
Moran, City Secretary Ken C. Dippel, City Attorney 2 Document #: 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 II, "FLOOD DAMAGE PREVENTION," TO ENSURE ELIGIBILITY 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 in serious 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 of the community of Addison 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 of the Texas Water Code provides that the governing body of each 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 hereof for all purposes. Section 2. Amendment. That Chapter 42, "Floods," of the Code of Ordinances of the 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. Dotument II: 930037 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 if any 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 THE TOWN OF
ADDISON, TEXAS, this day of , 2000. Mayor Scott Wheeler ATTEST: Carmen Moran, City Secretary APROVED AS TO FORM: Ken Dippel, City Attorney Documc:nl #: 930087 2 
EXHIBIT A ARTICLE II. 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 National Flood Insurance Program. Sec.
42-32. Definitions. Unless specifically defined below, words or phrases used in this article shall be intelJlreted 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 ascribed 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 landfurm which originates at the apex and is
characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; 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 ofshallow flooding means a designated
AO, AH, 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 ofspecial 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 ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zone A, AE, AH, AO, AI-99, VO, VI-30, VEorV. Base flood means
the flood having a one percent chance of being equaled or exceeded in any gIven year. Basement means any area of the 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 of equipment or materials. Elevated building means a non-basement building (i) built, in the case of a building in Zones AI-30, AE, A, A99, AO, AH,
B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones VI-30, 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 of the building during a flood of up to the magnitude of the base flood. In the case ofZones AI-30, 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-30, VE, and V, "elevated building" also includes a building otherwise mecting 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 60.3(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 of concrete pads) is completed before the effective date ofthe adoption of floodplain management regulations. Expansion to an existing manufactured horne 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 ofinland or tidal waters; or (2) the unusual and rapid accumulation or runoff of surface 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 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, 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 floodway) means the channel of a river or other watercourse
and the adj acent 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 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 manufacturing
facilities. 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: 3 
(1) listed individually in the National Register of Historic Places (a listing maintained by the Department ofInterior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register; (2) 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; 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,
control, or divert the flow of water 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) of1929 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 ofconstruction" 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 minimwn, 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: (I) 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,
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 pennit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days of the pennit date. The actual start means either the first placement of pennanent 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. Pennanent 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 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 of the market value of the structure before "start of construction" of the 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 of a structure to correct
existing violations of state 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 prohibited 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 is provided. Water suiface elevation means the height, in relation to the National
Geodetic Vertical Datum (NGVD) ofl929 (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) liberally construed in favor of the 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
of this 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:
(1) 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 ofspecial flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance
Study for Addison, Texas," dated (date maIlS will become elTe£tiye)---, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions
thereto are hereby adopted by reference and declared to be a part of this 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 flood losses. In order to accomplish its purposes, this article includes methods and provisions for: (I) restricting or prohibiting uses that are dangerous
to health, safety or property in times of flood, or that cause excessive increases in flood heights or velocities; (2) requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of initial 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, dredging and 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 of the Town or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made under this article.
Secs. 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 of the floodplain administrator. 8 
Duties and responsibilities of the Floodplain Administrator include, but are not limited to, the following: (I) 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 have been satisfied. (4) Reviewing permits for proposed development
to determine that all necessary permits have been obtained from those federal, state or local govemmental 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 of such 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 􀁁􀁉􀀭􀀳􀁾􀀠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 I, 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 AH, 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 permif-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: (I) Elevation
(in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improvcd structures. (2) Elevation in relation to mean sea level to which any nouresidential
structure shall be floodproofed. (3) A certificate from a registered professional engineer or architect that the nonreaidential floodproofed structure shall meet the floodproofing criteria
of Paragraph 2 of Section 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 1 of Section 42-57. (c) Approval or denial of a Development Permit by the Floodplain Administrator
shall be based on the provisions of this article and the following relevant factors: (1) 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 of such damage on the individual owner. (3) The danger that materials may bc swept onto other lands to the injury
injury of others. (4) The compatibility of the proposed use with existing and anticipated development. 10 
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles. (6) The costs of providing govermnental 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. (7) The expected heights, velocity, duration, rate
ofrise and sediment transport of the floodwaters and the effects of wave action, ifapplicable, expected at the site. (8) The necessity to the facility of a waterfront location, where
applicable. (9) The availability of alternative locations, not subject to flooding or erosIOn damage, for the proposed use. (10) The relationship of the 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 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 of appeals 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 of this article and: (1) The danger that materials
may be swept onto other lands to the injury of others; (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 altemative 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 of the floodwaters and the effects ofwave action, if applicable,
expected at the site; and (11) The cost of providing govcrnmental 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 of
appeals may attach such conditions to the granting of variances 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 strnctures constrncted below the
base flood level, providing the relevant factors in Subsections (c)(1) through (c)(11) 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 of historic strncturcs upon a detennination 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 strncture. (h) Variances may be issued for new constrnction 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. (j) Varianees 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: (I) 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 of good 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 publie safety, extraordinary
public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (I) 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. DNISION 3. FLOOD HAZARD REDUCTION Sec. 42-76. General standards.
In all areas of special flood hazards the following standards are required: (l) Anchoring. All new construction or suhstantial 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 of buoyancy.
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
electrical, 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 of flooding. b. All new and replacement water supply systems must be designed to minimize or eliminate infiltration of floodwaters 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: (I) 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 of such certification. (2) Nonresidential Construction. New construction and substantial improvements of any commercial,
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 ofwater and with structural components having fue capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for
the construction, and shall certify to the Floodplain Administrator that the design and methods of construction are in accordancc with accepted standards of practice as outlined in this
article. A record of such certification that includes fue 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 wifu 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 no! less than one square inch for every square foot of enclosed area subject to flooding must be provided. b. The bottom of all
openings must be no higher than one foot above grade. c. Openings equipped with screens, louvers, valves, or ofuer coverings or devices must permit the automatic entry and exit of floodwaters.
(4) Manufactured Homes. a. Manufactured homes to be placed wifuin Zone A on fue FHBM or FIRM must be installed using methods and practices that minimize flood damage. For the purposes
ofthis requirement, manufactured homes must be clevated and anchored to resist flotation, collapsc, or lateral movement. Methods of anchoring may include, but are not 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-30, 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 10 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 
foundation such that the lowest floor of the 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 􀁁􀁉􀀭􀀳􀁾􀀬􀀠AB
and AE on the FIRM that are not subject to the provisions of Paragraph (4)b. of this section must be elevated so that either: 1. the lowest floor of the manufactured home is at or above
the base flood elevation, or 11. 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 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 􀁁􀁉􀀭􀀳􀁾􀀬􀀠AB, 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 of this 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 ofsbaJlow 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: (1) All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adj acent
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 of effects ofbuoyancy.
(3) 3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this 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 
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 engitteering practice that the proposed encroachment would not result in any ittcrease in flood levels within the Town during the occurrence of the base flood
diseharge. (2) If Paragraph (1) of this Seetion 42-80 is satisfied to permit eneroaehment, all new construction and substantial improvements must comply with all applicable flood hazard
reduction provisions of this article. (3) Encroachments withitt the adoptcd rcgulatory floodway that would result in an increase itt base flood elevations are prohibited, unless the
Floodplain Administrator obtains a conditional FIRM and floodway revision through FEMA. 18 
.; TOWN OF ADDISON ORDINANCE NO. 001-005 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 II, "FLOOD DAMAGE PREVENTION," TO ENSURE ELIGIBILITY 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 in serious damage to properties within those areas,
loss of life and property, health and safety hazards, disruption of conunerce 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 of the conununity of Addison 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 of the 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 hereof for !jll purposes. Section 2. Amendment. That Chapter 42, "Floods," of the Code of Ordinances 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 affmned. OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 I 
•. ' Section 3. Savings. lbat 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 of this Ordinance. Section 4. Severability, That the sections, paragraphs,
sentences, phrases, clauses and words of this Ordinance are severable, and if any 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 of competent 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. Seetion 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
THE TOWN OF ADDISON, TEXAS, this 9th day of January ,2001. Mayor Scott Wheeler ATTEST: 􀀨􀀱􀁴􀀱􀀺􀁦􀁾􀀠Carmen Moran, City Secretary Ken Dippel, City Attom OFFICE OF THE CITY SECRETARY
ORDINANCE NO. 001-005 2 
.' EXHIBIT A ARTICLE II. FLOOD DAMAGE PREVENUON DIVISION L 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 National Flood Insurance Program, Sec.
42-32. Definitions. Unless specifically defmed below, words or phrases used in this article shall be interpreted to give them the meaning they have in cornmon 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 ascribed to them in this section, except where the
context clearly indicates a different meaning: Alluvial fan flooding means flooding 􀁾􀁣􀁵􀁲􀁲􀁩􀁮􀁧􀀠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 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 ofshallow flooding means a designated
AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance offlooding to an average depth of one to three feet where a clearly defmed 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 ofspecial 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 ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refmed into Zone A, AE, AH, AO, Al-99, VO, VI-30, VE or V. Base flood means
the flood having a one percent chance of being equaled or exceeded in any given year. Basement means any area of the building having its floor sub-grade (below ground level) on all sides.
OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-I 
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, mirung, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or mllterials. Elevated bUilding means a non-basement building
(i) built, in the case of a· building in Zones AI-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones VI-30, 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, colUIlUls (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 of the building during a flood of up to the magnitude of the base base flood. In the
case of Zones AI-30, 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 operungs sufficient
to facilitate the unimpeded movement of flood waters. In the case of Zones VI-30, VE, and V, "elevated building" also includes a building otherwise meeting the defirution of "elevated
building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program
regulations. -Existing construction means for the purposes of determirung 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 mirumum, 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 adoption of floodplain
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 of concrete pads).
Flood or flooding means a general and temporary condition of partial or .complete inundation ofnormally dry land areas from: (I) the overflow of inland or tidal waters; or (2) the unusual
and rapid accumulation or runoff of surface waters from any source. OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-2 
Flood insurance rate map (FIRM) means the official map on wruch 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 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, in any 'combination thereof, wruch provide standards
for the purpose of flood damage prevention and reduction. Flood protection system means those physical structural works for wruch funds have been authorized, appropriated and expended,
and wruch have been constructed specifically fo modify flooding in order to reduce· the 􀁥􀁸􀁴􀁾􀁮􀁴􀀠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 prooflng means any combination of structural and non-structural additions, changes, or adjustments to structures wruch 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 that 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 srup building and srup repair facilities, but does not include long-term storage or related manumcturing
facilities. Highest adjacent grade means the rughest natural elevation of the ground surfuce prior to construction next to the proposed walls of a structure. Historic structure means
any structure that is: OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-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 of the Interior
as meeting the requirements for individual listing on the National Register; (2) 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 qualiJY as a registered histori c 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,
control, or divert the flow of water 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 ofthe lowest
enclosed area (including basement). An unfinished or flood resistant enclosure usable solely for. parking or vehicles; building access or storage in an area othtir 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 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 OFFICE OF THE CITY
SECRETARY ORDINANCE NO. 001-005 A-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 of concrete 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,
travel, or seasonal use. Start ofconstruction (for other than new construction or substantial imprOVements Under the Coastal Barrier Resources Act (pub. L. 97-348) includes substantial
iinprovement 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 ofthe 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 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 vallle of the structure before "start of construction" of the improvement.
This includes structures that OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-5 
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 ofstate or local health, sanitary, or safety code specifications which have been identified by . the building cifficial 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 prohibited 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 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. 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 in accordance with Section 1-7 of this 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 of this article, all provisions shall be:
(1) considered as minimum requirements; OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-6 
(2) liberally 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:
(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) . 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," 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. OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-7 
Sec. 42-39. Metbofls of reducing flood 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 in flood heights or velocities; (2) requiring that uses vulnerable 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, dredging and other deVelopment which may increase fl ood 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. TIlls 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 of the Town or any officer or employee thereof for 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 oftbe floodplain administrator. OFFICE OF THE CITY
SECRETARY ORDINANCE NO. 001-005 A-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 have been satisfied. (4) Reviewing permits for proposed development
to determine that all necessary permits have been obtained from those federal, state or local govermnental agencies (including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior approval is reqnired. (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 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 of such 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-30 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 OFFICE OF THE CITY
SECRETARY ORDINANCE NO. 001-005 A·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 AH, 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 of this 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: (I) 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 1 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: (1) 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 owner. (3) The danger that materials may be swept onto other lands to the injury ofothers.
(4) The compatibility ofthe proposed use with existing and anticipated development. OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-I0 
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles. (6) 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 s'ewer, gas, electrical and water systems. (7) The expected heights, velocity, duration, rate
of rise and sediment transport ofthe floodwaters and the effects ofwave action, if applicable, expected at the site. (8) The necessity to the facility of a waterfront location, where
applicable. (9) The availability of alternative damage, for the proposed use. locations, not subject to flooding or erosion (10) 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
of this 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 of appeals 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 of this article and: (1) The danger that materials
may be swept onto other lands to the injury of others; (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 of such 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; OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-II 
(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 of rise and sediment transport of the floodwaters and the effects ofwave action, if applicable,
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 of
appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this 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 of historic 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. . OFFICE OF THE CITY SECRETARY ORDINANCE NO. OOt-005 A-12 
(i) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed 'on the National Register of Historic Places or the State Inventory ofHistoric
Places, without regard to the procedures set forth in the remainder of this section. (j) Vari,ances 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 detennination 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 detennination 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 ODor victimization ofthe public, or conflict with existing local laws or ordinances. (I) 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 standanJs are required: (I) 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 of buoyancy. OFFICE OF THE CITY
SECRETARY ORDINANCE NO. 001-005 A-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
electrical, 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 lllinimize or eliminate discharge from
the systems into flood waters. d. On-site waste disposal systems must be located to avoid 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 substaD.tial 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 commercial,
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 OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-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 design, 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 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-30, AH, and AE on the FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a
new manufuctured 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 OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-15 
, 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 11. 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 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 of this 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 OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-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 of other 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: (1) 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 hydrosta,tic and hydrodynamic loads ofeffects
of buoyancy. buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the 􀁳􀁴􀁾􀁤􀁡􀁲􀁤􀁳􀀠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. OFFICE OF
THE CITY SECRETARY ORDINANCE NO. 001-005 A-17 
r Sec. 42-80. Floodways Located within areas of special flood hazard established in Section 42-37, are areas designated as f1oodways. Since the f100dway 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
cons1:r\lction, 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 of the base flood
discharge .. (2) If Paragraph (1) of this Section 42-80 is satisfied to permit encroachment, all new construction and substantial improvements must comply with all applicable flood hazard
reduction provisions of this article. (3) Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations are prohibited, unless the Floodplain
Administrator obtains a conditional FIRM and f100dway revision through FEMA. OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-005 A-IS 
PUBLIC WORKS DEPARTMENT (972) 450-2871 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀂮􀀠P",t Ollie< Box 9010 Addi,on, T .... 75001-9010 16801 WestgtOve August 21, 2001 Mr. Dale R. Hoff Program CompIi.ance Federal
Emergency Management Agency Mitigation Division Region VI, Federal Center 800 North Loop 288 Denton, Texas 76201-3698 Re: Ordinance Amendment Dear Mr. Hoff. Attached is a certified copy
of the Town ofAddison Ordinance No. 001-024, which was passed on August 14,2001. This ordinance adopts FEMA's revised flood insurance rate and flood boundary-floodway maps and the effective
date ofAugust 23,2001. Should you have any questions, please call me at 972-450-2886. Thank you. Sincerely, 􀁾􀁊􀁾􀀧􀀠Steven Z. Chutchian, P.E. Assistant City Engineer 
(972) 4S()'7000 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀂮Post Office 80;( 9010 Addison, Te:us 􀀷􀀵􀀰􀀰􀀱􀁾􀀹􀀰􀀱􀀰􀀠5300 Belt Line Road FAX (972) 45().7048 TO WHOM IT MAY CONCERN Please be advised that the
attached document is a true and correct copy of Ordinance No. 001-024, duly passed by the Addison City Council on the 14th day of August, 2001. Duly certified by Carmen Moran, City Secretary
for the Town of Addison on the 21th day of August, 2001. 􀁃􀁾􀀠City Secretary ATTEST: , , SEAL 
TOWN OF ADDISON ORDINANCE NO. 001-024 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
SECTION 42-37 OF ARTICLE IT, "FLOOD DAMAGE PREVENTION," BY ADOPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S NEWLY REVISED FLOOD INSURANCE RATE AND FLOOD BOUNDARY-FLOODWAY MAPS; PROVIDING
A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND' PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to more effectively prevent flood damage within the Town ofAddison and to maintain
eligibility to participate in the National Flood Insurance Program. the City Council desires to adopt the Federal Emergency Management Agency's newly revised Flood Boundary-Floodway
Map and newly revised Flood Insurance Rate Map; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS: Section 1. Incorporation ofPremises. That the above
and foregoing premises are true and correct and are incorporated herein and made a part hereoffor all all purposes. Section 2. Amendment. That Section 42-37 of Article II, "Flood Damage
Prevention," of Chapter 42, "Floods," of the Code of Ordinances of the Town of Addison, Texas (the "City") is amended to read as follows: ' Sec. 42-37. Basis for establishing the areas
ofspecial l100d hazard. The areas of special flood hazard ideirtified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance
Study for Addison, Texas," with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) dated August 23, 2001, and any revisions thereto are hereby adopted
by reference and declared to be a part of this article. The flood insurance study is on file at 168(l1 Westgrove, Addison Texas. 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 ofthose ordinances
are in direct conflict with the provisions ofthis ordinance. Section 4. Severability. That the sections, paragraphs, sentences, phrases, clauses and words ofthis ordinance are severable,
and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person or circumstance is held invalid or 1 OFFICE OF THE CITY SECRETARY
ORDINANCE NO. 001-024 
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares that
it would have adopted such remaining portions of this ordinance despite such invalidity, which remaitiing portions shall remain in full force and effect. Section S. Effective Date. That
this ordinance shall become effective August 23,2001. . DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this 14th day ofAugust, 2001. ATTEST: CN]c;5Pp.b{
􀁾􀀧􀀠Carmen Moran, City Secretary' ' 2 OFFICE OF THE CITY SECRETARY ORDINANCE NO. 001-024 
COWLES &THOMPSON A ProfessIonal Corporation ATTORNEYS AND COUNSELORS ANGElA K WASHINGTON 214.672.2144 AWASHINGTON@COWLESTHOMPSON.COM June 12, 2001 Mr. Jim Pierce Town ofAddison P.O.
Box 9010 Addison, TX 75001-9010 RE: Ordinance Amending Flood Damage Prevention Regulations Dear Jim: Pursuant to your request, enclosed for your review is a draft ordinance amending
the Flood Damage Prevention Regulations to adopt the newly revised FEMA maps. Because a certified copy of the ordinance must be submitted to FEMA's Regional Office no later than August
23, 2001, yet the maps are not effective until that date, I have inserted August 23, 2001, as the effective date of the ordinance. Ifyou have any questions, please give me a call. Sincerely,
􀁾􀀩􀀨􀀮􀁩􀁦􀁦􀀩􀀠) Angela K. Washington AKW/yjr Enclosure c: Mr. Steve Chutchian, wlTown Mr. Ken Dippel, w/firm Mr. John Hill, w/firm '101 MAIN STREET SUITE 4000 DALLAS, TEXAS 15202<3793
D ALL A S T Y L E R McKINNEY TEL 214.672.;;000 FAX 214.672.2020Document #: 956638 
DRAFT 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
SECTION 42-37 OF ARTICLE II, "FLOOD DAMAGE PREVENTION," BY ADOPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S NEWLY REVISED FLOOD INSURANCE RATE AND FLOOD BOUNDARY-FLOODWAY MAPS; PROVIDING
A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to more effectively prevent flood damage within the Town of Addison and to maintain
eligibility to participate in the National Flood Insurance Program, the City Council desires to adopt the Federal Emergency Management Agency's newly revised Flood Boundary-Floodway
Map and newly revised Flood Insurance Rate Map; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF TH 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 hereof for all purposes. Section 2. Amendment. That Section 42-37 of Article II, "Flood Damage
Prevention," of Chapter 42, "Floods," of the Code of Ordinances of the Town of Addison, Texas (the "City") is amended to read as follows: 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," with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) dated August 23, 2001 Ally 3(1, 1999, and any revisions thereto
are hereby adopted by reference and declared to be a part of this article. The flood insurance study is on file at 4500 Belt Line Road, Addison Texas. 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
ofthose 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 if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person or circumstance is held invalid or 1 
DRAFT unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this 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 August 23, 2001. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this day of ,2001. Mayor Scott Wheeler ATTEST:
Carmen Moran, City Secretary ATTROVED AS TO FORM: Ken C. Dippel, City Attorney Documenlli: 956554 2 
COWLES &THOMPSON A Professional Corporation ATTORNEYS AND COUNSELORS ANGELA K. WASHINGTON 214.&72,2144 AWASHINGTON@COWLESTHOMPSON,COM June 12,2001 Town Addison P.O. ox 9010 A RE: Ordinance
Amending Flood Damage Prevention Regulations Dear Jim: Pursuant to your request, enclosed for your review is a draft ordinance amending the Flood Damage Prevention Regulations to adopt
the newly revised FEMA maps. Because a certified copy of the ordinance must be submitted to FEMA's Regional Office no later than August 23, 2001, yet the maps are not effective until
that date, I have inserted August 23, 2001, as the effective date of the ordinance. If you have any questions, please give me a call. Sincerely, 􀁾􀁊􀁃􀁩􀁦􀁾􀀩􀁾􀀠Angela K. Washington
AKW/yjr Enclosure ; c: IMr. Steve Chutchian, wlTown Mr. Ken Dippel, w/firm Mr. John Hill, w/firm qOl MAIN STREET SUlTE 4000 QAlLAS. TEXA.S 􀀱􀁓􀀲􀀰􀀲􀂷􀀳􀀷􀁾􀀳􀀠DALLAS T Y L E 􀁾􀀠MtKlNNEY
TEl 214.b72.2000 FAX 214,6,12.2020 
DRAFT 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
SECTION 42-37 OF ARTICLE II, "FLOOD DAMAGE PREVENTION," BY ADOPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S NEWLY REVISED FLOOD INSURANCE RATE AND FLOOD BOUNDARY-FLOODWAY MAPS; PROVIDING
A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to more effectively prevent flood damage within the Town of Addison and to maintain
eligibility to participate in the National Flood Insurance Program, the City Council desires to adopt the Federal Emergency Management Agency's newly revised Flood Boundary-Floodway
Map and newly revised Flood Insurance Rate Map; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF TH 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 hereof for all purposes. Section 2. Amendment. That Section 42-37 of Article II, "Flood Damage
Prevention," of Chapter 42, "Floods," of the Code of Ordinances of the Town of Addison, Texas (the "City") is amended to read as follows: Sec. 42-37. Basis for establishing the areas
ofspecial Dood 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," with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) dated August 23. 2001 ltily 39, 1999, and any revisions thereto are
hereby adopted by reference and declared to be a part of this article. The flood insurance study is on file at 4500 Belt Line Road, Addison Texas. 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 of this ordinance. Section 4. Severability. That the sections, paragraphs, sentences, phrases, clauses and words of this
ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person or circumstance is held invalid or 1 
DRAFT unconstitutional by a court ofcompetent jurisdiction, such holding shall not affect the validity of the remaining portions of this 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 August 23, 2001. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF ADDISON, TEXAS, this day of ,2001. Mayor Scott Wheeler ATTEST:
Carmen Moran, City Secretary ATTROVED AS TO FORM: Ken C. Dippel, City Attorney 2 
Friday March 1, 1991 Part V Federal Emergency Management Agency Mortgage PorHolio Protection Program; Notice Attached to this reprint is the. Notice published in the Federal Register.
(57 FR 19040-19041) on May 1, 1992, which updatEd the list of Write Your OWn companies participating in the Mortgage Portfolio Protection Program. 
Federal Register I Vol. 56, No. 41 I Friday, March I, 1991 I Notices FEDERAL EMERGENCY MANAGEMENT AGENCY Mortgage Portfolio Protection Program AGENCY: Federal Insurance Administration,
Federal Emergency Management Agency, ACTION: Notice. SUMMARY: The Federal Insurance Admini.tration (FIA), the Directorate within the Federal Emergency Management Agency (FEMA) responsible
for the administration of the National Flood Insurance Program (NFIP), has developed a Mortgage Portfolio Protection Program (MPPP), The MPPP is intended for use by mortgage lenders
in securing flood insurance protection for those properties that are part of the lending in.titution'. mortgage portfolio when such properties: (I) Have been determined to be located
within special flood hazard areas, (z) Are located within a community rhat is participating in the NFIP, and (3) Are not covered by a flood insurance policy even after required notices
have been given to the property owner (mortgagor) by rhe lending institution of the requirement for for obtaining and maintaining such coverage, but the mortgagor has failed to respond.
Thus, the MPPP is a mechanism by which lending institutions, mortgage servicing companies, and others servicing mortgage Joan portfolios can bring their mortgage loan portfolios into
compliance with the flood insurance purcha•• requirements of rhe Flood Disaster Protection Act of 1973. EFFECTIVE DATE: January 1, 1991. FOR FURTHER INFORMATION CONTACT: H. Joseph Coughlin.
Jr., Federal Emergency Management Agency, Federal Insurance Administration, 500 C Street, SW.. Washington, DC 20472; telephone (Z02) &46-Z7!lO. SUPPLEMENTARY 􀁉􀁎􀁆􀁏􀁒􀁾􀁁􀁔􀁬􀁏􀁎􀀺􀀠The
Federal Insurance Administration (FIA) has developed the Mortgage Portfolio Protection Program (MPPPJ as a mechanism to be used as a last resort and at the option of a lending institution
for securing flood insurance coverage for properties which are part of the lending institution's mortgage portfolio. The goals of the MPPP are, through rhe MPPP notification process,
to encourage property owners whose structures are potentially susceptible to flood damage to purchase a conventional NFIP flood insurance policy. or, failing that. have the lending institution
obtain an MPPP policy on the .tructure. I! i. expected rhat the MPPP nolifica tion proce •• will re.ult In a greater number of conventional NFIP Standard Flood Insurance Policies being
written. Thu•• the MPPP will benefit the lending community by providing a vehicle rhrough which lending institutions can bring their mortgage portfolios into compliance with Federal
law as well as protect the collateral security for such loans. The MPPP will al80 benefit: (1) The policyholder who will have financial protection against 10•• in rhe event of flood
damage, {Z] the taxpayers. since those policyholders will not need to apply for disaster assistance, related to damages for which their policies will respond and they will not need to
write off uninsured casualty losses on their tax••• both of which positively impact the Federal budget, and (3) all NFIP policyholders, since the greater number of 􀁰􀁯􀁬􀁩􀁣􀁩􀁥􀁳􀁾􀁩􀁮􀁾􀁦􀁯􀁲􀁣􀁥�
�will result in a greater spread of the risk which should mean that the overall cost of the Insurance will hold steady or even possibly be lowered depending upon the magnitude of the
insurance reserves. Background The National Flood Insurance Act of 1968 (42 U.S.C. 4001, at seq.). as amended. created the NFIP to provide federally backed flood insurance to property
owners whose properties are located within communities which have become eligible to particlpa te in the NFIP. Such communities establish their eligibility by adapting and enforcing
floodplain management measures to regulate new construction and subs1antial improvement within their special flood hazard areas so as to eliminate or minimize future flood damage. A
special flood hazard area is defined as the area within the flood plain having a one percent or greater chance of flood occurrence In any given year (also known as the 1QO.year [or base]
flood). flood). Special flood hazard area. are delineated on maps issued by the Federal Emergency Management Agency (FEMA) for individual communities. The NFIP was amended by the Flood
Disaster-Protection Act of 1973, Public Law 93-234, to require the purch.se of flood insurance as a condition of receipt of federal and federally related financing for acquisition and
construction purposes in flood hazard areas of participating communities and to require Federallnstrumentalities to direct lenders regulated by rhem, or whose deposits Bre insured by
them. to require flood insurance protection for any improvedreal property located in a special flood hazard area of a participating communi ty when such real property serves as security for any loan. The term HFederal Instrumentality" is defined
in section 3(a]{5) of the 1973 Act as the "Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation. the Comptroller of the Currency. the Federal Home
Loan Bank Board (currently, Office ofThrift Supervision), the Federal Savings and Loan Insurance Corporation (whose responsibilities have been taken over by the Federal Deposit Insurance
Corporation). and the National Credit Union Administration," The PIA does not have any statutory or regulatory authority over lending institutions nor does the 1973 Act, by itself. require
or prohibit activities on the part oflendem directly. Rather, the Act directs the Federal Instrumentalities to adopt regulations requiring lenders subject to their jurisdiction to compel
borrowers to purchase flood insurance protecting any "improved real estate or mobile home" located within a special flood hazard area of a community participating in the NFIP. ifthe
building or mobile home (and any personal property securing such loan) were to be used as security for the loan. Lenders should follow the interpretation of the particular Federal Instrumentality
or Agency to whose regulations they are subject for authoritative guidance. The history of the NFIP since the enactment of the 1973 Act indicates that lenders have not consistently required
the purchase and/or renewal of flood insurance policies as required by regulations issued by the Federal Instrumentalities and Agencies. The less compliance there is in conjunction with
loan origination, the greater the problem for s6rvicers of loan portfolios. Therefore, over the past two and a half years, FIA has been working with interested parties to develop a program
to help lenders and mortgage servicers meet thelr statutory duty to ensure that properties in 1heir mortgage portfolios comply with Federal law related to flood insurance. This co1!aboration
has resulted in rhe in traduction of the MPPP. Implementation The MPPP will be available to all lending institutions and Write Your Own (WYO) companies which elect to participate by
signing an agreement to adhere to the MPPP criteria and requirements, including specific multiple notices to a borrower whose property is in a special flood hazard area as delineated
on the appropriate FEMA map concerning the need to purchase and maintain a flood insurance policy 
Federal Register I Vol. 56. No. 41 I Friday. March 1. 1991 I Notices 8883 for the duration of the mortsaseloan and encouraging the borrower to obtain a Standard Flood Insurance Policy
[SFIP] from the borrower's local insurance agent. The MPPP cannot be used in connection with new loan tra.nsactions but can be used only in connection with a lender's efforts to bring
its mortgage portfolio into compliance with -the flood insurance purchase requirements of Federsllaw. A flood insurance policy under the MPPP can be purchased only from a WYO company
and only 88 a last resort for those properties where the borrower. after having been given the required notices of the need to purchase s flood insurance policy. has not done so. A policy
purchased under the MPPP (1) will be written covering the interest of both the mortgagee and the mortgagor. [Z) will be rated using special high rates. reflecting the uncertainty a.
to the degree of risk due to the limited underwriting data required. and [a) will be for a policy tenn of one yeaf only (subject to renewal after a special renewal notification process).
Both building and contents coverage will be available under the MPPP. The coverage limits available under the Regular Program will be those available to single-family buildings and their
contents. Le.. $185,000 for building coverage and $60.000 for contents. The higher limits that are available under the conventional SFIP to other occupancy types such as small business,
other residential, or non-residential. can be provided under the MPPP policy only If the occupancy type can be identified on the application. If the mortgaged property is located in
a community parHcipa ting in the Emergency phase of the NFIP, then the covered limits available will be the lower limits available in that phase, Le., $35.000 for building coverage and
$10,000 for contents, Again. if the higher Emergency phase limits are desired for other types of property. then the building occupancy type must be provided at the inception of the policy
or when that information may become available, but it must be prior to any loss. The current SFIP Dwelling Form and General Property Form will be used. depending upon the type of structure
insured. In the absence of building occupancy information. the DweJUng Form will be used. The current NFlP rule. will apply with respect to the waiting period and effective dates of
coverage. With respect to the premium payment, the lender or morlgage servicer [or Payor) has Ihe option of following its usual business'practices so long 85 the NFlP rules are followed.
The rates [per $100 of insurance) are as follows: ___-"z"""=__ Building Contents A Zone-All building/CK.:Cupancy type!) .................. ,....... $1,25 $1.25 V Zone-All buitding/occupancy
types.......................... $3,00 $3.00 In the event of a los., the policy will have to be reformed if the wrong rate has been applied for the zone in which the property is located.
The amount of coverage may be changed if the building occupancy supports a greater amount than the the amount of insurance in force but this must be done prior to ala••. Further. since
the underwriting informa tion available at the policy's inception may be limited, it will be the WYO company'. responsibility (acting on behalf of the mortgage lender) to notify the
mortgagor of aU coverage limitations at the inception of coverage and to impose any applicable limitations [e.g.. the coverage restriction' in basements) at the time of loss adjustment.
The WYO companies which have so far agreed to participate in the NFIP MPPP are as follow.: American Bankers Insurance Company of Florida. Miami, FL American Loyalty Insurance Company.
Gahanna.OH American Modem Home insuranCe Company. Cincinnati. OH American Road Insurance Company. Dearborn. Ml Bankers Insurance Company, St. Petersburg, FL Bankers & Shippers Insurance
Company, Burlington. NC Colonial Penn Insurance Company, Philadelphls. PA Consolidated Insurance Group. Inc. (American Centennial Insurance Co.) (Wesco Insurance Company). Wilmington,
DE Empire Fire Fire and Marine Insurance Company, Omaha. NE First Colonial Insurance Company, JacksonVille. FL Florida Fire &: Casualty Insurance Co" Ft. Lauderdale. FL Great Pacific
Insurance Company. San Bruno. CA Independent Fire IMurance Company, Jacksonville. FL island )nsurance C(I1TIpany. LTD. Honolulu. HI Minnesota Mutual Fire &-Casualty, Minnetonka. MN Omaha
Property and Casualty Company, Omaha.NE Pan American Insurance Company, Hato Rey. PR Patrons Mutual Insurance Company of Connecticut, Glsstonbury. cr Redland Insurance Company. Council
Bluffs. lA Regency Insurance Company. Hallandale. FL Unisun Insurance Company. Charleston. SC U.s. Security Insurance Company. Miami. FL The Mortgage Portfolio.Protection Program Write
Your Own Company Guidelines and Requirements. as referenced in this document, is reproduced in its entirety as appendix A to this notice. Dated: February 22. 1991. C. M. j'Bud" Scbauerle.
Federal Insurance Administrator. Appendix A-Federal Emergency Management Agency, Federallnsurance Administration. National Flood Insurance Program; Mortgage PortfoUo Protection Program.
Write Your Own Company GuideliJies and Requirements December 14. 1990. Background The Mortgage Portfolio Protection Program [MPPP) will be introduced on January 1. 1991 as an additional
tool, prOVided by the Federal Insurance Administration (FlA), to as.istlhe mortgage lending and servicing industries, in response to their requests of the pa.t few years, in bringing
their mortgage portfolios in compliance with the flood insurance requirements of the Flood Disaster Act of 1973. The MPPP is not intended to aclas a substitute for the need for mortgagees
to review all mortgage loan applications at the time of loan origination and comply with flood insurance requirements as appropriate. It is expected that lhe proper implementation of
the various requirements of this MPPP will result in mortgagors. following their notificaUon of the need for flood insurance will either show evidence of such a policy. contacting their
local insurance agent or appropriate Write Your Own (WYO) company and purchasing the necessary coverage. II is also inlended that flood insurance policies be written under the MPPP only
as a last resort, and only on mortgages whose mortgagors have failed to respond to the various notifications required by this MPPP. The following represents the criteria and requirements
that must be followed by all parties engaged in the sale of flood insurance under the National Flood Insurance Program'. Mortgaga Portfolio Protection Program: 
8884 Federal Register I Vol. 56, No. 41 I Friday, March 1, 1991 I Notices Requi:tements for Participating in the MPPP 1. General a. All mortgagor. notified, in conj\;nction with this
Program, of their need to purchase flood insurance. must be .ncourag.d to obtain a Standard Flood Insurance Policy (SFIP) from their local agent. . b. When, .s a re.ult of a mortgage
portfoHo review. properties Bre determln.d to be in an SFHA. the mortgagee/mortgage serVicing company has no evidence of flood insurance on these properties and the mortgagors have railed
to respond to notice. requesting flood insurance. the MPPP provides a vehicle for lending institutions to obtain (force place) the required flood insurance coverage. The MPPP process
can be accomplish.d with limited underwriting information and with specialflet rate•. c. In the event of a lo.a. the policy will have to be reformed if the wrong rate has been applied
for the zone the property is located in. Also, the amount of coverage may have to be changed if the building occupancy does not support that amount. d. It will be the WYO companie.'
responsibility to notify the mortgagor of the coverage limitations at the inception of coverage and to impose those limitations at the time of loss adjustment. 2. WYO Arrongement Article
Ill-Fees a. With the implementation of the MPPP there i. no change in the method of WYO company allowance from that which is provided in the Financia.l ASsistance/Subsidy Arrangement
for all flood insurance written for an initial period o! Jwo years. b. The allowance level percentage referenced by the Arrangement will be used for the first two years while the success
of the MPPF i. being measured. One of the measure. of success will be the level 01 policies written through MPPP that remain rated as such. versus the expected greater number of policies
generated in the conventional NFIP 8S a result of the MPPP notification proc •••. 3: Use of WYO Company, 'ees for Lenders/Servicers or Othe,'s a. No portion of the allowance that WYO
companies retain und.r the WYO Financial Assistance/Subsidy Arrangement for the MPPP may be used to payI reimburse or otherwise remunerate a lending institution. mortgage servicing company,
or other similar type of company that the WYO company may work with to assist in their flood insurance compliance efforts. b. The only e"ception to this i. a situation where thelender/selVicer
may be actually due a commission on any flood insurance policies written on any portion of the institution's portfolio because it was written through a licensed property insurance agent
on tbeir staff or through a licensed insurance agency owned by the institution or servicing company. 4. Notification a. WYO Company/Mortgagee-Any WYO Company participating in the MPPP
must notify the lender or selVicer. for which it is providing the MPPF capability, of the requirements of the MPPP. The WYO company must obtain signed evidence from each such lender
or servicer indicating their receipt of this information, and keep a copy in their files. An example of of .uch evidence of receipt follows a. Addendum #5. b. Mortgagee to Mortgagor-In
order to participate in the MPPP, the lender (or its authorized representative. which will typically be the WYO company providing them the coverage throngh the MPPP) mu.t notify the
borrower of the follo·.ving. at a minImum:· (1) The requirements of the Flood Di•••ter Protection Act of 1973. (2) The flood .onelocation of their property, (3) The requirement for flood
insurance, (4) The fact that the lender ha. no evidence of the borrower having flood insurance, (5) The amount of coverage being required and its cost under the MPPP, end (6) The opt.ions
of the borrower for obtaining conventially underwritten flood insurance coverage and the potential co.t benefits of doing so. A more detailed discus.ion of the notification requirements
is made a part of thi. program document in both Section 15 and a. Addendum. 18t2. 5. Eligibility o. Type of Use-The MPPP will be allowed only in conjunction with mortgage portfolio review.
and the servicing of those portfolios by lenders and mortgage serviCIng companies. The MPPF i. not allowed to b. u.ed in conjunction with any form of loan origina tion. b. Type ofProperty-The
standard NFIP rules apply, and all type. of property eligible for coverage under the NFIP will be eligible for coverage under theMPPP. 6. Source of Offering The force placement capability
will be offered by the WYO companies only and not by the NAP Servicing Agent (CSC). 7. Dual Interest The policy will be written covering the interest of both the mortgagee and the mortgagor.
The name of the mortgagor muat be included on the Appiication Form. It is not. however. necessary to include the mortgagee as a named insured because the Mortgage Clause (Article VIIl.O
of the Dwelling Form and Article VII.M of the General Property Form) affords buHding coverage to any mortgagee named as mortgagee on the Flood Insurance Application. If contents coverage
for the mortgagee is desired. the mortgagee should be included as a named insured. 8. Term ofPolicy NAP policies written under the MPPP will be for a term of one year only {subject to
the renewal notificiaion process}. 9. Coverage Offered Both building and contents coverage will be available under the MPPP. The coverage limits avaHable under the Regular Program will
be $165.000 for building coverage and $60.000 for contents. If the WYO company wishes to provide higher limits that are available to other occupancy types such as small business. other
residential. or non-residential, it may do 80 only if it can indicate that occupancy type as appropriate. If the mortgaged property I. in an Emergency Program Community. then the coverage
limits available will be $35.000 for building coverage and $10.000 for contents. Again. if the higher limits are desired for other types of property, then the building occupancy type
must be provided at the inception of the policy or when that information may become available, but it must be prior to any loss. 10. Policy Form The current SFIP Dwelling Form and General
Property Form will be used, depending upon the type of structure Insured. In the absence of building occupancy information, the Dwelling Form should be used. 11. Waiting Period The current
NFIP rules for the waiting period and effective dates apply to the MPPP. 12. Premium Payment The current rules applicable to the NFIP will apply. The lender or servicer (or Payor) has
the option to follow its usual business practices regarding 
Federal Register I Vol. 56. No. 41 I Friday. March 1. 1991 I Notices premium payment. so long as the NFIP rules are followed. ' 13. Underwriting-Application a, The MPPP will require
less underwriting data than is normany required under the standard NFlP rules and regulations. The MPPP data requirements for rating. proce88ing and reporting are, at a minimum: (1)
Name and mailing address ofinsured (mortgagol'-Hlao see Dual Interest), (2) Address of insured (mortgaged) property. (3) Community information (complete NFIP map panel number and date;
program type. Emergency or Regular) countywide maps. (4) Occupancy type [.0 statutory coverage limits are not exceeded. This data may be difficult to obtain. Also see Coverage Offered.).
(5) NFIP flood zone where properly is located (lender must detennine. in order to determine if flood insurance requirements are necessary and to USe theMPpp}. (ti) Amount of coverage,
[7} Name and address of morigage, (8) Mortgage loan number, (g) Policy number. b. No elevalion certificates will be required 88 there will be no elevation rating_ c. For more detailed
information regarding reporting requirements! see the WYO TRRP Plan. 14. Rates (per $100 of insurance) Zone Building Contents A Zone: All bulldlflg/occUI'ancy type.""."".....""."""...",..,,,,,
$1.25 $1.25 V Zone: All building/occupancy types",,,,,,, ..... ,,,,....,,,...,,,..,,... $3.00 $3.00 15. Policy Decloration Page Notification Requirements In addition to the routine information.
such 8S, amounts of coverage, deductibles and premiums, that a WYO company may place 011 tbe Policy Declarations Page issued to each insured under the NFlP. the following messages are
required: s. This polley 1a being provided for you 8S it is required by Federal law && has been mentioned in the previous notices sent to you on this issue, Since your mortgage company
has net received proof of flood insurance coverage on your property in response to those noUces. we provide this policy at their request. b, The ratei charged for this poUcy may be considerably
higher than thOle that may be available to you if you contact your local insurance agent (or the WYO company at .. '" *)" c. The amounte ofinsurance: coverage provided In this pollcy
may not be sufficient to protect your full equity In the property In the event of a)088. d. You may contact your local insurance agent lor WYO company at 􀁾􀀠••Jto replace this policy
with a' conventionally underwritten Standard Flood Insurance Policy, at any time. and typically at. Significant savill8sln premium. The WYO company may add oth.r messages to the Declaration8
Page and make'mlnor editorial modifications to the language of these messages if it believ.s any are necessary to conform to the 8tyle or practices of that WYO company, but any such
additional me.sage. or modifications may not change the meaning or intent of the above messages. Since the amount of underwriting data obtained at the time of policy incepUon will typically
be limited, the extent of any coverage limitations, such as, when replacelllent coverage i. not available or coverage is limited if the building ha. a basement or i. considered an elevated
building with an enclosure. It is. therefore, the responsibility of the WYO company to notify Ibe morigagor/insured of any coverage limitation. at the inception of coverage and impose
them at the tim. of the los. adjustment. lB. Policy Reformation-Policy Correction Article VIII F 2. of the Dwelling Policy and Article VII E 2. of Ibe General Property Policy will apply
a. appropriate. Examples of circumstances under which reformation or correction might be needed would be: Polioy Reformation-The wrong flat rate was applied for the zone in which the
property was actually located. Policy Correction-The amount of coverage exceed. Ibe amount available under the NFIP for the type of building occupancy Ibat represent8the building insured.
In such case, the amount of coverage would have to be adju8ted to lb. amount available and any appropriate premium adjustments made. 17. Coverage Basis-ACV or Replacement Cost There
are no changes from the standard practices of the NFIP for these provisions. The coverage baais wlll depend on Ibe type of occupancy of the building covered and Ibe amount of coverage
carried. 18. Deductible Only the Standard Deductible of$500 is permitted for policies written under theMPPP. 19. Expense Constant There is no change from the standard practice. The Expen8e
Constant in effect at the time the MPPP policy i. written must be used. ZO. Renewobility The MPPP policy is a one-year policy. Any renewal of that policy can occur only follOWing the
full notification process spelled out in Addendum #2 that must take place between the lender (or their authorized repre8entative) and the insured/mortgagor, when the insured/mortgagor
has failed 10 provide evidence of obtaining a subsUtute flood insurance policy. 21. Concellations a. Existing Policy-When the mortgagor provides evidence of a flood insurance policy.
from any source, that i8 currently in effect and has been in effect prior to the effective date date of the MPPP policy, the MPPP policy may be cancelled flat with a full refund on premium,
provided that the policy in effect is acceptable to the mortgagee. If the existing policy is an NFIP policy [WYO or direct busine.s). the NFIP rule. require that one of the NFIP policies
must be cancened. The full premium, including the expense constant will be returned 10 the payor. The WYO servicing allowance is not earned by the WYO company. b. New Flood Insurance
PolicyWhen the mortgagor/borrower purchases B flood insurance policy. from any source, following notification of the need for the policy. the MPPP policy may be cancelled but on a pro-rata
b.sis. Any premium refund may be calculated with or without the pro rata share of the expenae constant. depending on the company's normal business practice. Co Other-The NFIP Insurance
Manual rules for Cancellation/Nullification Nolice. are to be followed, when applicable. d See the WYO TRRP Plan for further premium refund in8tructions. 22. Endorsement AnMPPP policy
may not be endorsed to convert it directly to a conventionally underwritten SFIP. Rather a new policy application. with a new policy number. must be completed according to the underwriting
requirements of the SFIP. as contained in the NFlP Insurance Manual. The MPPP policy may be endorsed to assign it under rules of the NFIP. It may also be endorsed for olber reasons such
as, increasing coverage. 
8886 Federal Register I Vol. 56, No. 41 I Friday, March 1, 1991 I Notices 23. Assignment to a Third Party Current NFIP rule. remain unchanged. therefore an MPPP policy may be assigned
to another mortgagor or mortgagee. Any such assignment must be through an endorsement. however. 24. Article XIII-Restrictions Other Flood Insurance ARTICLE XIII of the Arrangement is
also applicable to the MPPP and, as such, does not allow a company to sell other flood insurance Iha t may be in competition with NFlP coverage. This restriction, however, applies solely
to policie. providing flood insurance. It also does not apply to insurance policies provided by a WYO company in which flood is only one of several perils provided, or when the flood
insurance coverage amounts are in excess of the statutory limits provided under the NAP or when the coverage itself is of such a nature that it i. unavailable under the NFIP, such as
blanket portfolio coverage. Mortgaga Portfolio Protection Program (MPPP) Goldenna. and RequirementsAddendum #1 Initial Portfolio Review Letter Notification Process Once it ha. been determined
by the lender/servicer or its representative, that flood jnsurance is needed on 􀁭􀁯􀁲􀁴􀁧􀁡􀁧􀁾􀁳􀀠in their portfolio. and there is no evidence of flood insurance. and it decides to
use FIA's MPPP to assist in bringing the lender's portfolio into compliance with flood insurance, then the following notification process must be used. This proce •• will conaist of
three initial notification letter •. Each letter will contain certain messages. at a minimum in the body of theletler. The lenderIservicer (or their authorized representative) may add
thair own mes.age., make minor editorial modifications to the messages to conform to the style and practice of the WYO company or lender and structure the leUer to their liking, but
they may not alter the meaning or intent of the me••ages listed here for any of the leiters. Each letter will contain mandatory messages on one or more of the following items: (l) The
requirement. of the Flood Disaster Protection Act of 1973, (2) reminding the insured of the previous letter••ent that re.ulted in the current flood insurance policy, (3) the high premiums
on the current policy, (4) potentially inadequate coverage limits, (5) coverag_limitations, if any, and (6) the options available to the insured, Initiol Notification Leller to Mortgagor
The first letter is to be issued afler the review of the lender's portfolio reveals the need for the flood insurance coverase and the absence of it. This letter must contain. at a minimum
the following messages: 1. The Flood Disaster Protection Act of 1973. a Federal law. requires that flood insurance be purchased and maintained on mortgage loans for buildings (and their
contents. Ifappropriate) for Ihe life of the loan for buildings located in a SpeCial Flood Hazard Area shown on a map published by FIA This applies to such loans from lending institutions
that are under the jurisdiction of a Federal regulatory agency or instrumentality. . 2. We have determined that your property (building). on which we hold the mortgage loan. is located
in a SFHA and, therefore, you 􀁾􀁲􀁥􀀠required by law to have a policy of flood msurance on that property. • This letter must then include language advising the mortgagor that in the
event lhey wish to challenge the zone determination. they should provide written factual evidenCe supporting their challenge obtained from a community official. registered engineer.
architect or surveyor, Slating the specifics of the location of the building and the reason for their chaUenge. • The lender/servicer is reminded that since the Act places the responsibility
of determining the flood :zone location of each mortgaged property on the lender/servioor, he cannot discharge that responsibility by simply obtaining some form of self cerlification
from the mortgagor. If the lender wishes to change its Original determinatiOn on the location of the mor1gagor's property based upon infonnation submitted by the mortgagor, the lender/servicer
must convince itself, after reviewing that submission. that its original determination was in error and make any such change based on that review. He should not simply accept unsubstantiated
aUegations. from whatever source, as to the building'S flood zone location. The ulUmate responsibility for making such detenninations under the status rests with the mortgagee. not the
mortgagor. 3. There is no evidence in your mortgage loan file of your having a flood insurance policy on your property, In case this information is in error, please contact US at 4.
If you do not have a flood insurance policy on this properly, you may wish to contact your local insurance agency (or WYO company at ., .. 􀁾􀀮􀀠5. Ifyou do not respond within 45 days
of this letter, either providing evidence of a flood insurance policy in effect on this property, or requesting that we provide you with such coverage. the necessary flood inaurance
coverage will be provided for you. In that event. since certain insurance underwriting informalion about your your property that is necessary to determine the appropriate flood insurance
rate for your policy would not have been obtained, due to your not responding, the Federal government's Mortgage Portfolio Protection Program's flood insurance rates: will have to be
used. These rates may be considered higher than Ihose that copld be obtained [or you jf you respond to this: notice. This letter, or an attachment, must also include such other information
as: (1) The name of thelenderlservieer, (2) the mortgage loan number, (3) the address of the property in question, (4) the flood zone in which the properly has been determined to be
located, (5) the amount of flood insurance being required, and (6) coverage limitations (if any). The Second Initial Notification LeUer This letter will be sent 30 days following the
first initial notification letter if no response has been received from the mortgagor. It will contain, at a minimum, the follOWing messag.s: 1. About a month ago you were notified that
Federal law requires aU mortgages. such as yours, on propertiea determined to be located in a SpeCial Flood Hazard Area. must be covered by a policy of flood insurance. 2. That lettet
mentioned that if you did not respond positively within 45 days from that letter. it would be necessary to obtain a policy of flood insurance for you. 3.This is to remind you that since you have not responded to the earlier notice aa yet • and uyou do not respond within'lhe next fifteen daya (or the actual expiration date). flood insurance,
aa mentioned previously. will be obtained on your property. on your behall, 4.1n the event that you do not respond and Ihe coverage must be obtained as mentioned. the cost of that coverage
may be significantly higher than the premium that you could obtain ifyou were to contact your local insurance agent (or WYO company at * ••). Third and Final Initial Notification Letter
This letter must be sent to the mortgagor accompanying the flood insurance policy Declaration Page. This letter must be sent as soon after the the end of the 45 day notification period
8S possible, if no positive response has been received to the two previous notification letters. It must contain the following messages, at a minimum: 1. This letter is to inform you
thet a policy of flood insurance haa been obtained on your behalf. to cover the mortgage on your property. as required by the Flood Disaster Protection Act of1973, 2. You have been notified
on two previous occasions explaining the circumstances surrounding your need to hsve flood insurance coverage and explaining your options. but to date no response has been received.
3. Attached is the flood insurance policy purchased on your behalf and Us accompanying Declarations Page that explains: the amount of coverage purchased on your behalf, its coat. some
iimitations to that coverage. and the options you may still 
Federal Register I Vol. 56. No. 41 I Friday. March 1. 1991 I Notices 8887 wish to exercise to obtain similar coverage, but typically at B significantly lower cost. 4. If you_purchase
another flood insurance policy and notify U8. or contact us to request that we purchase a substitute policy under the NFIP for you, we will cancel this policy and issue you a refund
for the unearned portion of the premium, if we deem that the other policy is acceptable to satisfy the requirements. Mortgage Portfolio Protection Program (MPPP) Guideline. and Requirement&Addendum
#2 MPPP Renewal/Expiratian Notification Process When an MPPP policy has been purchased Bnd the expiration date of that policy is approaching the end of its one year term; and the insured
has not requested or produced 8 substitute policy of flood insurance. the following notification process will be followed. This process will consist of 8 total of three renewal MPPP
leiters. Each leiter will contain certain required messages within the body of the leiter. leiter. The lender/servicer [or their authorized representative) may add their own messages,
make minor editorial modifications to the messages to confonn to the style and practice of the WYO company or lender and structure the leiter to their liking. but they may not alter
the meaning or intent of the messages listed here for any of the letters. Each letter will contain mandatory messages on one or more of the following items: (1) Reminding the insured
of the previous letters sent that resulted in the current flood insurance policy that is about to expire; (2) the requirements of the Flood Disaster Protection Act of 1973; (3) the high
premiums on the current policy; (4) potentially inadequate coverage limits: (5) coverage limitations. if any; and (6) the options available to the insured. First MPPP Renewol/Expiration
Notice (Letter) The first MPPP renewalletler will be sent to the insured/mortgagor at least 45 days prior to the renewal/expiration of the MPPP policy. It will. at a minimum. contain
the following messages: 1. This letter is to notify you that the flood insurance policy that was required to be purchased on your property about a year ago is about to expire. 2. When
you were originally notified of the need for Ihis coverage, it was explained that the Flood Disaster Protection Act of 1973, a Federal law. requires that flood insurance be purchased
and maintained for the life of the loan. on mortgage loans for buildill8s (and their contents. if appropriate) located in a Special Flood Hazard Area shown on a map produced by the Federal
Emergency Management Agency. 3. The premium on the flood insurance policy currently in effect and written on your behalf. and due to expire. may be conSiderably higher than would be
the case if you had responded to the suggestions contained in the previous notices sent you. recommending that you contact your local insurance agent (or the WYO company) to obtain·a
conventionally underwritten Standard Flood Insurance Policy. 4. As has been mentioned in previous notices, you may wish to replace this policy with a conventionally underwritten Standard
Flood Insurance Policy now. and benefit from rates that potentially are'significantly lower than the rates being uS2d with this policy. 5. Failure to respond to this notice within 45
days (or by [dale]) will result in this policy being renewed. and at rates that are most likely to be much higher than are otherwise available. Second MPPP Renewal/Expiration Notice
(Letter) The second renewal notice will be sent out at least 30 days after the first notice, but at least 15 days prior to expiration of the MPPP policy. It will contain the following
messages: 1. About a month ago (or on [dale}) you were sent a notice that your flood insurance policy was about to expire. 2. Since you have not responded. you are again being reminded
that your flood insurance policy will expire within 15 days (or on [dote)). 3. As has been preViously mentioned, you have the option of contacting your local insurance agent (or WYO
company name and #) to obtain a a conventionally underwritten Standard Flood Insurance Policy (SFIP) at potentially significant savill8s. 4. Failure to respond by (date), submitting
evidence that you have purchased or wish to purchase a substitute flood insurance policy or a conventionally underwritten SFIP, will result in the current policy being written again.
and most likely at much higher rates than could be obtained with a conventionally underwritten SFIP. Third MPPP Renewal/Expiration Notices (Letter) The third and final notice will be
sent out as part of the renewed MPPP policy. The notice containing the following required messages may be sent as a cover letter or an attachment to the Policy Declaration Page and policy
itself, or the required messages may be included on the Declaration page that accompanies the renewal policy. It must contain the following messages: 1. Since you have not responded
to our previous notices that your flood insurance policy. which is required by Federal law. was about to expire. we have renewed that policy for the next year. 2. As has been previously
explained, the Flood Disaster Protection Act of 1973, a Federal law, requires that flood insurance be purchased and maintained on mortgage loans for buildings (and their contents. if
appropriate) for the life of the loan. for property located in a Special Flood Hazard Area shown on a map produced by the Federal Emergency Management Agency. 3. The premium on this
flood insurance policy just renewed may be considerably higher than would be the case ifyou had contacted your local insurance agent {or WYO company at· * *l. which you may still do.
to obtain a conventionally underwritten Standard Flood Insurance Policy. 4. If you purchase another flood insurance policy and notify us. or contact us to request that we purchase a
substitute policy under the NFIP for you. we will cancel this policy and issue you a refund for the unearned portion of the premium. if we deem that the other policy is acceptable to
satisfy the requirements. National Flood Insurance Program Mortgage Portfolio Protection Program (MPPP)-Addendum #3 Portfolio Review Considerations for Lenders/Servicers Prior to Participating
in the MPPP-Questions ondAnswers November 16. 1990. 1. Q. What is the MPPP and who is this Q 8< A aimed at? A. WYO companies,lander/servicers participating in the MPPP. Federal regulatory
agencies and other interested parties. 2. Q. What is the first step in using the MPPP. A. The MPPP is only intended to be utilized when the lender (or its representative) has reviewed
its portfolio and detennined which of the loans are on buildings located in a Special Flood Hazard Area (SFHA). and. therefore, in need of flood insurance. 3. Q. What source of infonnation
should the MPPP participant. or their authorized representative, be using in reviewing a loan portfolio, to detennine flood zone location of the properties in question? A. The flood
insurance maps published by the Federal Emergency Management Agency (FEMA). augmented by other official documentation available from local officials or other sources, as may be deemed
necessary. The Flood Disaster Protection Act of 1973, ywhich imposes the flood insurance requirement, makes specific reference to "areas identified by the Secretary {since changed to
Director [of FEMAlas an area having special flood hazards". The National Flood Insurance Act of 1968 charged the Federal Insurance Administration with the responsibility of identifying
areas which have special flood hazards. Therefore, the official source of information that serves as the 
8888 Federal Register I VoL 56, No. 41 I Friday, March 1. 1991 I Notices basis for identifying such areas is the maps published by FEMA. 4. Q. What if a source of information other than
the FIlMA maps is used as the basis for determining the flood zone location of properties? A. The lender may be risking erroneous determinations, thereby potentially placing the lender
in a position of a liability exposure, bad customer relations and/or problems with their Federal regulatory agency or worse. 5. Q. Does it mean that if the system used to make these
flood ZOne determinations is not based on the FIlMA maps that it should not be used? A. Due to the potential for problems as mentioned above. the lender must be careful as to the basis
behind the system it uses to make these flood zone determinations. Also. since the lender must keep evidence of the determination in every mortga.ge file, if that evidence doesn't reflect
the map panel used to make the determination. the lender may have difficulty proving to their Federal regula tory agency. or in court if the need arOSe, that the lender is complying
with the law. 6. Q. What flood zone determination information should the lenders keep in each mortgagor's file to indicate evidence of compliance? A. Lenders should keep, at a mInimum.
the ten digit flood insurance map panel number, suffix and date. The first six digits of that number represent an identification code for the community, Since most flood insurance maps
contain multiple pages or panels, the full ten digit number is necessary in order for an examiner (or anyone else) to be able to know which panel was used. The community number (six
digit) alone would not be sufficient when the ten digit number exists. 7. Q. Are all FIlMA flood insurance maps ten digit map'? A. No. Some are in the old format, are 11" x 17" and have
only the single six digit identifying number and date. with po,sible suffix for the entire map regardless of the number of pages or panels. The great bulk of the maps published since
the mid 1970's in which mortgage activity occurst however, have been converted to this ten digit format. 8. Q. What version of the flood map should be used in conjunction with the MPPP
portfolio review? A. The provisions of the Flood Disaster Protection Act of 1973 require that the flood zone determination be made at the time of. and in conjunction with. the loan origination
or any new making, such as, a home equity loan, second mortgage, etc. 9. Q. Doesn't the fact that the MPPP was designed to assist lenders/servicers in bringing their portfolios into
compliance with flood insurance requirements mean that they will be dealing with loans that can range from being very new to being many years old, and that the maps that may have been
in effect at Ihe time of the loan origination might not be readily available now. A, Yes. However. as a practical matter. the users of the MPPP w[il probably use the flood maps and related
information that they have avaiJable 10 them althe time of the review which reflect current information but not that which was in effect at the time of the loan origination. 10. Q. Could
the use of current flood maps and related flood zone information in conjunction with portfolio review, cause any problems? A. That may depend on a number of factors, such as: • How many
loans in the portfolio are older than the maps being used to make the current determination. or • Whether the map information source being used for the review reflects a different flood
zone than the one in effect at the time of loan origination. • Whether the mortgagor raises the issue that the map being used to make the current flood zone determination was not the
one in effect at the time of loan origination. 11. Q. What if only a few loans in the portfolio are older than the maps being used today to make the determination? A. Then the issue
may not surface. 12. Q. Might a borrower challenlle the notice it received from the lenderl servicer (or its representative) using the MPPP and if so, what would be the reason? A. Yes.
there could be several reasons such as: • The map used to make the determination is different from the one in effect at the time of the loan origination (which was either nonexistent
or showed the property outside the SFHA]. • The loan origination dale preceded 3/1/1974 [the effective date of the 1973 Act). or the initial flood insurance map for the community. •
The language in the mortgagor's contract does not mention a flood insurance requirement. 13. Q. What should alender/servicer do if challenged on these issues? A. The lender ha. different
options to consider depending on the basis for the challenge and should consider the following: Challenge(s] based on: • The date of the map used to make the determination-If the dale
of the mortgage precedes the date of the map used, the lender will have to decide whether to determine which version of the map was in effect at the time of origination and attempt to
obtain a copy of that map. or drop the requirement on that mortgagor. The lender could also. following. review of the language of that mortgagor's mortgage contract. determine whether
it (lender] had been granted sufficient authority by that language to impose flood insurance on that mortgage at any time during the life of that contract. • The date of mortgage precedes
the 1973 Act and/or date of map-If the mortgage contract provides the lender with Ihe authority to impose broad-base hazard insurance requirements at any time during th.life of the loan.
then the iender must decide whether it wishes to invoke this authority regardless of the date of the mortgage/map date. • The mortgage contract language doesn't mention flood insurance-Many
mortgage contracts written prior to the late 1970s contained language that either mentioned property insurance requirements by referring to fire and extended coverage (windstorm 8< hail)
or mentioned fire and other hazards. Since most of this language preceded the availability of flood insurance, it typically meant the windstorm hazard, but may not be limited to just
that peril It was many lenders intent. in those days. to give themselves the option of imposing other forms of hazard insurance that might become available andlor be deemed necessary
to protect the interests of the mortgagee (and mortgagor) from that peril. If the lender believes that the language in the mortgage contract of the mortgagor raising the is.ue is sufficiently
broad to allow it to impose the flood insurance requirement at any time during the life of that mortgage contract, then it may wish to do so. without regard to whether or not there was
8 flood insurance map in effect at the time of loan orIgInation. Lender/servicers are advised to consider these issues and decide in advance. what response(s} it will provide its mortgagors
jf they present these issues. 14. Q. Once thelender/servicer', portfolio has been reviewed and determinations have been made as to which properties need flood insurance. is there anything
critical that the lender (or its representative) should consider before beginning the process of mailing the initial notices to their mortgagors? A. Yes. how the mailing will be handled
and the r.sults of that mailing. There is a strong likelihood that once the mailings begin. that a certain 
Federal Register I Vol. 56. No. 41 I Friday. March 1. 1991 I Notices 8889 percentage of the mortgagors' recipients of those notices will chanenge the notices. as mentioned earlier, Some
of those challenges will be directed. in one way or another. 10 the lender/servicer, regardle.s of any instruction. in the notices. The lender should therefore determine at Ihe outset
whether it wanls the notices to be sent an at once, or metered out so many at a time. The larger the volume, the more consideration to the metering approach that should be given. Also,
the lender needs to consider how It wants the review of its portfolio carried out. If the results of the review are provided to the lender all at the same time and the lender decides
to .end the notices to the mortgagors .0 many at 8 time, it may be exposing itself to additional liability. This could occur since the lender was aware of all the mortgages in its portfolio
th.t needed 1I0od insurance, but acted on only. certain number at a time. The lender, therefore, needs to consider having the portfolio review carried out in such a fashion that the
results of each portion of Ihat review .re made .vailable to the lender as soon as they are .vailable from the party conducting the review, • nd are .cled upon .s soon as possible thereafter.
Addendum #4-National Flood Insurance Prngram Mortgage Portfolio Protection Program (MPPP) Questions and Answers December 14. 1990. 1. Q. What is the MPPP and what is it designed to do?
A. The MPPP is a tool made available to the lending .nd mortgage .ervicing industrl.s that provides them with the capability to write !lood insurance poliCies quicker and easier that
will assist Ihem with their efforts to bring their portfolios inlo compli.nce with flood insurance requirements. 2. Q. Is this av.ilable to lenders for all their loans? A. No! It m.y
only be used in conjunction loan portfolios. It may not be used as a compliance vehicle for loan originations. 3. Q. Is the MPPP mandatory for lenders/servicers? A. No! It is voluntary,
bUllenders/servicers that believe their loan portfolios may nol in compli.nce wilh flood insurance requirements are strongly encouraged to use it if they believe it could be helpful.
Q. What are the benefits of the MPPP? A. The specific benefits will vary with the category of participant as follows: iii For lenders/servicers. • Portfolios can be brought into compl.inee
satisfying the l.w .nd regulators. • Reduce, limit or eliminate cert.in pOI.ntialliability. • Protect equity (lender/servieer, borrower), • For WYO companies. • Incr.ased policy s.les/fees.
• Incr•••• l.nder/s.rvieer client base. • For insurance agents. • Incre••ed policy ••les. 5. Q. Is it pos.ible for WYO companies and insurance agents to benefit from the MPPP even If
they don't directly p.rticip.te in it? A. Yesl Prop.rty insur.nc. (fir. and aulo) is already being .old by insur.nce agents 10 m.ny of the.e same borrowers because lenders require it
in conjunction wilh home mortg.ge. and .uto loans. As a result. many agents .lre.dy have e.tabli.hed busine•• relationships with Iheir local lenders. These agent. could alert Ihe.e lender.
to Ihe availability of the MPPP and advi.e them •• to how 10 proceed even if the agent was not going to directly participate. AI the same time the agent could offer to a.si.llhe lender
with determining the !lood zone location of the .ddre•••• of all n.w mortgage loan applications for that I.nder and ask in return. for the opportunity to write all the !lood insurance
poliCies on those properties that ar. determin.d to need it. The notic.s that will be sent to the borrowers will g.nerate inquiries and .ales. 6. Q. How will flood policies .ctually
be sold under the MPPP? A. Policies will be written through Ih. insurance companies participating in FlA's Write Your Own (wyO) Program. 7. Q, WlII .11 the insurance compani •• participating
in the WYO Program be writing policies under the MPPP? A. Any WYO company may write policies under the MPPP, but only those thai traditionally h.ve de.lt with the lending industry are
.xpecled 10 participate in Ihi. Program. Any such company that does wi.h 10 parlicipale must agree in writing to comply with the requirement. of the MPPP. 8. Q. Will FIA maintain and
publish a list of the WYO companies that participaI. in the MPPP? A. Yes! Such a list will be developed • nd both modified and r.published as needed. g. Q. What is the first thing. lender/••rvicer
.hould do if it wi.hes to utilize the MPPP. A. The lender must review its loan portfolio and determine which of the prop.rtie, .re located in Sp.cial Flood Hazard Area. (SFHA), 10. Q.
Wh.n a lender/servicer decld.s to utilize the MPPP, must they us. the MPPP to ••rvice their portfolio .11 .1 the same time? A. No! Lenders/servicers should carefully analyze Ih. pro.
and cons of phasing in their portfolio compliance .:fort. (See the Q 8. A th.t FIA h •• developed on "Porlfolio Review Considerations") 11. Q. I. use of the MPPP limited to only tho.e
prop.rties loc.led in SFHA.? A.Y.sl 12, Q. What will happen if a policy i. written through Ih. MPPP, but the property i. not located in a SFHA? A. Th. policy would b. honored in the
event of a claim. It would then have to be cancelled. re-written and re-rated in the normal way wilh any premium overpayment refunded. The .ffective date of the policy written in the
normal way would belhe same as that of the now cancelled MPPP. The lo.s, however, should be reported und.r the n.w policy number. 13, Q. What diff.renc•••re there between. 1I00d policy
Bold under the traditional!lood insurance progr.m and one under the MPPP? A. The actu.1 policy and coverage are the same, but th.re are difference • primarily in the area. of: • Rates,
• A letter notification proce •• to Ih. borrowers. • The underwriting information necessary. 14. Q. What are the rate differ.nce.? A, The rates under Ih. MPPP are. on the average, several
times those used under the traditional flood insurance program, 15. Q. Why are the MPPP rates so high? A. Due to the fact that the borrow.r did not re.pond 10 the notices sent. key information
necessary to underwrite the ri.k is not avanable. Therefore II i. necessary to assume that those propertl•• have a v.ry high risk and Ihe r.tes charged rellect Ih.t risk. 16. Q. no••
the borrower ha ve any option in avoiding the MPPP policy with its higher co.t? A. Yes I They can simply contact their local in.ur.nce ag.nt, obtain a conv .• ntionally und.rwritten
flood insurance policy and present it to their l.nd.r/,ervicer. 17, Q. If a borrower p.y. off the mortgage loan can the MPPP then be cancell.d? A. Y••, but any refund due the borrower
will be paid on a pro· rata b.sis. 18. Q. If Ihe borrow.r or lend.r/.ervieer sell or assign the mortgage to 
8890 Federal RegislBr I Vol. 56, No. 41 I Friday, March 1, 1991 I Notices another borrower or lender/servicer, can the MPPP policy b .....ign.d? A. Yesr The Standard Flood In.urance
Policy language allows for the assignment of all NFfP policies. Any such assignment of sn NFfP policy mu.t be done by way of an endorsement. 19. Q. Must. WYO company participating in
the MPPP maintain copies of .11 its MPPP documents. A. The companies are responsible for the data on each Application Form, in keeping with ita Donnal practices. Although some of the
data beyond that required, does not have to be reported, the companies are still responsible for It. The WYO companies may use their normal business practices in determiniug which form
they will us. to retain data. forms or other required information. 20. Q. Who initiates the letter notification process required by the MPPP'I A. The letter notlfica tion process is
one of the requirements of the MPPP. The FIA requires any WYO company that wishes to participate in the MPPP to agree to comply with all those requirements. However, Jenders! .ervicers
differ on how their force placed hazard insurance notices are .ent to their borrowers. Some lenders insist on sending such notices directly. Others let the insurance company. with whom
the force placed policies are written, send out the notices, Since the MPPP i. a part of the NFIP, then any policie. written through the MPPP must have been written in compliance with
all of Its requirements. regardless of the entity that actually sends the notices. 21. Q. Must the lender or WYO company maintain copies of the notification letters? A. The WYO company
I. responsible for assuring th.t the letter. are sent regardless of whether they or the lender actually sends them. The WYO company must maintain some form of evidence that the letter.
are being sent. It will be the WYO company's decision 8S to the fonn the evidence takes, such 8S, paper copies, micro fiche. computer Images or a record of the mortgagor addresses to
whom the letters were sent with an indication as to the date when tho.e mortgagors were notified. 22. Q. What does a WYO company do if all of the information FIA requires on the DEC
page won't fit on that page? A. The company may wish to Inciude some of that information on the DEC page and some on an "endorsement''. In such a ca•• it should indlcate an endorsement
number on the DEC page. 23. Q. Does a policy declarations (DEC) page have to be issued each time an MPPP policy iii renewed? A. Yes. and it must accompany the third renewal notification
letter. 24. Q. When an MPPP Is renewed, can the same policy number that was assign.d to the original MPPP policy b. used? A. Yesl 25. Q. Will the rating credits that will be available
in a community partiCipating in the Community Rating System [CRS) apply to a policy written under the MPPP'I A.Nol 26. Q. The MPPP requirements call for the full map panel number and
date to be obtained. What does the WYO company do with that information since the NFfP Application Form in use today doesn't contain enough space to even capture all this Information?
A. The WYO companies have never been required to use NFIP forms in the WYO program. but have been ftee to develop Ihelr own forms. They are. however, responsible for all required data,
some of which must be reported and some of which isn't, but must be· kept in the company mes. The data requirements for the MPPP follow the same conditions. Tl!e full map panel number
for that panel used to determine flood zone location and rate the policy Is the one that must be captured and .ense maintained. The majority of the maps FIA has published for many years
have the ten digit nwnber. suffix and date for each panel. Some of the maps still in use have only the six digit community number and date. The six digit community number cannot be used
when the ten digit number exists. PIA will revise its Application form in the future to provide more space for this item. 27. Q. The MPPP requirements state that certain data, that is
not normally reported under the WYO program. such as mailing addresses and mortgagee information will be required to be reported. Are there more specifics on how that is supposed to
work? A. How that information will have to be reported and how often. i. belug developed and will be provided to the WYO companies when available. and in sufficient time to ailow for
any necessary adjustments to their operations. 28. Q. Will the MPPP rates be affected by the rate and other changes FIA is proposlug for later in FY 19911 A. The MPPP rates themselves
will most likely not be affeoted, but the expense constant in effect at the time a policy is written must be used and any other fee in effect, such as the propooed policy service fee,
must al.o b. applied. 29. Q. Is contents coverage under the MPPP optional? A. Yest The lender must decide whether or not it will require it 88 part of the MPPP policy. 30. Q. What Is
meant by the term "coverage limitations" thai is mentioned In the MPPP materials? A. Primarily ACV coverage Instead of Replacement Cost coverage. when appropriate. It could also apply,
however. to the situation where only an amount to cover the loan balance is purchased which may be insufficient to cover the full insurable value of the property. The WYO company will
have to determine what limitations may apply depending on thedecisions of the lender/servicer as to how it wants to use th. MPPP and the amount of underwriting information obtained, 31. Q. The notification process contains standards for the letters
being mailed and the MPPP policy being written such as 45, 30. and 15 days. Must these standards be strictly adhered to? A. There are a number of standards similar to this in Ih. NFIP
and some limited flexibility has been built into the actual implementation proces. through the underwriting review process that FIA use. with th. companies. FIA i. preparing modifications
of that review process to Incorporate the MPPP criteria and will attempt to incorporate such flexibility Into these changes. 32. Q. May WYO companies, under the requirements of the MPPP,
use any portion of the MPPP fee they retain, for any purpose other than BS a commission to an insurance agent or agency for their writing the policy. such as for flood zone determinations
or the tracking of loans? A.No! The National Flood I""uranc. Program's Mortgage Portfolio Protection Program Implementation Package; Addendum #5-Recmpt for Materials and Agreement to
Adhere to Criteria and Requirements The Federal rnsuranc. Administration (FIA) has published a package of materials for implementing their Mortgage Portfolio Protection Program [MPPP)
on 1/1191. Thi. package contains the Criteria and Requirements that the insurance companies partiCipating in FIA's MPPP through FIA's Write Your Own (WYOI program and any lending institutions
andlor mortgage servicing or similar companies must adhere to when participating in the MPPP. Thelmplementa!ion Package contains the follawiug: • A cover letter from the FIA Administrator
to the WYO companies and other users of the MPPP. 
8891 Federal Register /Vol, 56, No, 41 /Friday, March 1, 1991 I Notices • A Guide for WYO Companies, Lending Institutions, Mortgage Servicers and Other Potential Users, • Addendum #l-lnitiaI
Portfolio Review Letler Notifies tion Proces •. • Addendum #2-Portfolio Review Renewal Letter Notification Proce ••, • Addendum #3-Portfolio Consldera tiona Q8< A. • Addendum #4-MPPP
Q8< A. • Addendum #5-''Recelpt for Materials and Agreement to Adhere to Criteria and Requirement. (thl. document). This "Receipt and Agreement" together with the Package referenced above
must be presented by any WYO company that offers the MPPP to a lender/servicer and thelender/servicer that agree. to participate in the MPPP to a.slot in bringing it. portfolio into
compliance .with flood insurance requirement. mu.t sign this "Receipt and Agreement" a. evidence of having actually received the Package and agreeing to comply with the criteria and
requirements contained. therein. This acknowledges that the package of implementation materials for the FederallnsW'ance Administration's [F1A) Mortgage Portfolio Protection Program
(MPPP) has been received. (Name of WYO company representative prOViding the Package) {Name of ienderfmortgag8 eervicer's representative receiving the Package} (Name of WYO company being
represented) (Name of lender/mortgage servieer being represented) (Dale of receipt) (Date of receipt) Note: WYO -companies are required to keep a copy of this Receipt in their files
for each lender/mortgage serviceI' to which they prOVide services under the MPPP. Lenders/mortgage service-rs may wish to do the same. WRITE YOUR OWN CoMPANIES WHO HAVE AGREED TO PARTICIPATE
IN THE NATIONAL FLOOD INSURANCE PROGRAM MORtGAGE PORTFOLIO PROTECTION PROGRAM Company American B$fIi<ers IniUfanca Compsny of Florida, 11222 Qusil Roost OM, MIami. FL 33151 ..........
Christine M. Bwood, Director. Flood Operations. (305) 253-2244,?' X5321. American Loyalty Insurance Company, 555 Offieenter Place, GahllJll\ll, OH 43Z30-5813 .•.􀁾....􀁾..... ". Wayne
Maultri(J, Assistarrt Vk:e President. (614) 251-1497. American Modern Home Insura.nee Company, 531 c. Pete Rose Way. P.O. So)( 85323. Cincinnati, Joseph Daniel Gaskey, ViCe Pretident.
(513) 12t-3010 X254 .. , OH 45201. Amerfcan Road Insutartee Company, FMCC Buik:fing-room 2080, One American Road, 􀁄􀁥􀁡􀁲􀁾􀀠Jaclt G!!Iespie, Product Manager. (313) 322-3453. bam, MI
48121. BankerJ Insurance Company, 10051 5th Streel North. P.O. S())( 15107, St. Petersburg, FL 33702_. Kathleen Batson, VICe President. 4613).579-4000. Bankers & Shippers Insurance Comp8flY,
3060 South Church Street, Burlington. He 27215.",......... 8atbata Solomon Papa, SaJes M&.nag9f, (919) 􀁾)(4138, 􀁾􀀠(305, 431-3385. Colonial Penn Insut'i1l1Ce Company. Ptoperty/Casualty
Accounting & Reporting. 11 Penn Center Mary BIen Ford, Product Manager. (.215) 988-5086. PIem. 14th 600r. Philadelphia. PA 19161. Consolidatad Insurance Group, Inc.• (American Centennial
Insurance Co.}, (Wesco Insurance Kathleen W, Koch. Direc1Ot,FACS Oant«, (302) 792-5685. Company), 1100 Carr Road. Wilmington, DE 19809. empire Fire & Marine Insurance Company, 1624 Douglss
Street. Omaha. NE 68102 ......................,," Richan::t F, Williams. Pr&sldent. (40.2) 341-0135, First CoIoniallnuance Company, 11 East RnyIh Stroot, Jaclwonvl!le. FL 32202 .........
""..."."...." .•<Howard D. Taylor, VICe Pteak:lent. (904) 359-2633. Florida FifG & Casualty Insurance Co., 600 Corporate Olive, suite 700, Ft Lauderdale, FL 33334.....: Dianne Bovender.
Vice President. (305) 118-3330. Greet PaclflO Insurance Company, 1250 Bayhill Drive. suite 100. San Bruno, CA 94066 ''"....., ..... _....􀁟􀁾􀀠Jim Wundotllch, Vice President, (415) 81.2-&818.
Independent Fire Insurance Company, One Independent Drive, Jacksonville. FL 32276 ................. " ...' Kay McNeill. Supervtso;. Flood AdminiS:tratiOn. (904) 632...$480.-Island Insurance
Company, Ltd.• 1022 Bethel Street. p,e. Box 1520. Honolulu, HI 96813 .......,.......... Ronald K. Toguehi. A$$i$18nl VICe Presk:Ient. (806) 531-1311.MlnnQS()14 Mutual Fife & Casualty,
10225 YelloW' Circle PriYe. Minnetonka. tAN 55343 ............. "".."... KevIn DeVann, Counsel & AsSstant Sec., (612) 933-5033. Omaha Property and casualty Company, 3102 Femam Street,
Omaha. NE 68131 "".,.."................... Ted Johnson, Manager Spedaf PtodUct8, (402) 342-3326. Pen American Insurance Ccmpany. Chardon Avenue. 􀁾Caesar Gonzalez, HalO Rey, PR Raul
Rosario, Assistanl SuperMor. (809) 25Q...6S00. 00916. Patrons MutuallnsuranC8 of Conn., re9 Hebron Avenue, P.O. 80)( 6517, Glastonbury, CT 08033-Alden A. was. Presiden!, (203) 833-4818.
6511. Aedlend Insutance Company, 535 West Broadway, P.O. Box 1514. Council Bluffa.1A 51502 •..,........ Larry W. Palmar, Dlt'eCtor, Flood Insurance Program, (712) 32.51545. Regency InSUt'8l'"tC&
Company. 217 e Halltmdafe Beach Blvd" Hallandale, FL 33oo9--019Q..."'",....." ... Wendy 􀁉􀁾􀀬Undelwrltlf"9 Manager. (30S} 456-4590. UnHtun Insuranca Company, #1 South Pm Circle, P.O.
Box 31190, 􀁃􀁨􀁡􀁬􀀧􀁫􀁈􀁾􀁴􀁯􀁮􀀬􀀠SC 29417-1190 •.•. James A. Snuill. V.P. Underwriting, (803) 511-051'0. U.s. Seourily Insurance Company, 3915 Biscayne Boulevard. MIami. FL 33137
........" .................. M Lori ScarameIIino. Product. Manager-Flood. (305) 51&-1115 X3'1. ...... [FR Doo. 91-4872 Filed 2-2&-lJl; 8:45 amI 81UJHQ COOE 1'11........ 
--Friday May 1, 1992 -• Part VI Federal Emergency Management Agency Mortgage Portfolio Protection Program; Notice 
19040 Federal Register I VoL 57, No, 65 I Friday, May 1, 1992 I Notices FEDERAL EMERGENCY MANAGEMENT AGENCY Mortgage Portfolio Protection Program AGENCY: Federal insurance Administration.
FEMA. ACTION; f\;otice. SUMMARY; This noUCt! updates the list of \.\'rHe Your Own (WYOJ companies P1Htlcipating In the Mortgage Portfolio P:-otection Program (MPPPJ by republishing tbis
list. This notice is ncc.cflosary to inform Ihe public of add!tio:1<il \,\'YO companies that lend:ng institulions, mortgage servicing companies, and others servicing mOft1!age luan portfolios
can contact in order to su::ure flood in:>,urance covcrHJ!e and thereby brmg their 􀁭􀁣􀁲􀁴􀁧􀁮􀁧􀁾􀀠loan portfolios into Gompliance with the flood insurance purchase fCQuiremenls of
the Flood Disaste:-Protection Act of 1973. The intcouec effect of lhis notice is to make the public, particulady those im:o!ve:d in 􀁾􀁯􀁲􀁴􀁧􀀨􀁴􀁾􀁣􀀠ser....icing activity. aware of
the additional WYO companies to which they can look for Assistance in meeting their stalutory duly to ensure Ihat properties in their mortgage portfolios compiy with Federal law related
to flood insurance. F"OR FURTHER 4Nf'OfiMATIOH CONTACT:. H. Joseph Coughlin. Jr., Federal Emergency Managel11ent Agency, Fedf!rallnsurance Administration. 500 C Street SW.. Washinglon,
DC 20472, (202] 645-2780, SUPPLEMENTARY INFORMATION: On March 1. 1991. the Federal Insurance Administra.tion (BAl. the Directorate wHhin the Federal Emergency Manasement Agency (FEMA)
responsibll! for the administration of the National Flood Insurance Program (NFIP), published in lhe Federal Registor (56 FR 8882-ll1!91, March 1, 1991) a no\ice describing the new Mortgage
Portfolio Protection Proll"am (MPPP), The Write Your Own (WYO) companies which had agreed 10 participate in the NFlP MPPP at that time were listed on page 6883 and, in appendix A to
the notice. again listed. along with their Principal Coordinators, on page 8691. Since the MPPP waS first implemented. a number of additional companies participate in the program. some
companies have dropped out of the program. and other changes have been made in some company addresses or Principal Coordinator. Therefore. the list of companies shown on page 8863 is
republished, as follows: American Bankers Insurance Compony. Miami. F1. American Loyalty Insurance Company. Gahanna. OH . American Modem Home Croup. CinCirmali, OH Amp-rican Sterling
Insurar.ce Compan)\ EI Toro. CA Bankers Insurance Campar.:. St Petersburg. fL S<lnkf!';'S & ShJppt:rs Insurance Compan};. Orlundo, FL Capita! As:n!;unce Company, Inc,. Miami. FL Coionial
Perm InllJrance Cornpan,;. Tampa. FL Consobdaied International Croup (American Cenlennud/Wesco Insurance Company), HOU5!On, TX Firs! Insurance Comranr 0; Hawaii. LTD., Ilono1u1u. Hl
Gre.ll PaCIfic Insu.ance Company, San Bn:oo. CA lndependfZnt Fire Insurance Company. Jacksonv!1Ie. FL lntesrand Assurance Company. Ci.lpilffli. PR Islnnd Jrisurnnce Company. LTD. Honoh.llu,
HI 􀁍􀀻􀁦􀀧􀀮􀀧􀁾􀁷􀁨􀁯􀁭􀁡􀀠􀁉􀁮􀁳􀁵􀁲􀁡􀁮􀁣􀁾􀀠Company, Snohomish. WA MmnesolH Mu:ua! Fin' & Cfl3ca:ly, Minnt'lonk,'J, Mt\ OmahA 􀁲􀁲􀁯􀁰􀁥􀁲􀁴􀁾􀀧􀀠& Casualty Company. Omaha, :.;E
Prn,co ln5urance Cruup. Pan Americftn Insurance Company, HalO Rey, PR Progressh'e Insurance Group, Rancho Cordova. CA Redlnnd Insurance Company, Council Bluffs. lA Standard Guaranty
Insurance Company, Atlanta. GA Transamer'.can Premier Insurance Company_ Orange. CA Union American Insurance Company, Coral Gables. Fl. Unisun Immrance Company. Charleston, SC U.S. Security
Insurance Company. Miaml. F1. The list of companies, along with their Principal Coordinators, shown on page 11891 i. republished, a. follows: Write your own companies which have agreed
to participate in the National Flood Insurance Program Mortgage Portfolio Protection Program (MPPP) and are actively offering MPPP services and policies. Company American BankerS Insurance
Kathi Wiles (:lOS) Company, 11222 Quait Roost 􀀲􀁾􀀲􀀧􀀲􀀴􀀴􀀬􀀠Ot'1ve, Miami. Fl331S7. exterision 5211. Amertcan Loyalty Insurance Wayne MouU.r1(i Company. 555 OtfIcenter (6141 47SPfaet'.l,
Gahanna. OH 43230. 1497. Amencao Modem Horne Group, Joaeph Oanlel 537 East Pete Row Way, P.O. Caskey (513) 80k 85323, Qncinnati. OH 721-3010. 45201, p!en$.lon 254American Sterlil'lg
Insurance """"Company, 22481 _ La_ S:1'lWt. 8 T oro. CA 92630. (317) 􀀲􀁦􀁩􀀲􀁾􀀠001}1, Bankers losuranoe CompaNy. Kathleen M, 10051 Sib Street. North, P.O, 8at$Otl (813) 8m: 15707.
SL Pelersbotg. FL 579--4000. 33102. QXt$O:Sion 531,2. Pn"""",Co _____"'_pa_ny_____􀀭􀁃􀀮􀀺􀁣􀁾􀀡􀁯􀁲􀀠; Bankers & Shippers Insurance: CY'llh!s Company. 1000 L9;llOn Place.! OMncl'!nL'
Or1anoo. FL 32801, (800) 􀀴􀀵􀀱􀁾􀀠S426, Cap.1.ll Assurat'ICf' Company, i Norman Hel'lncl'l Inc,. 6600 􀁎􀁾􀁥􀁳􀀧􀀠36th· (305) 539Sireet P.O. 80:< 025276. II 􀀱􀀴􀀱􀁾􀀠Mlam!. Ft 33 t86
Colonia! Penn jnWlance Campa. i Gal) Wedd (51:l) n)l. 4OO.i! Eu.enhOwer Boulrt·; 566-4444 'lard. TalY\PB.. FL 33534-9990. I 􀁃􀁯􀁮􀁳􀀮􀁯􀁲􀁬􀁬􀁪􀁡􀁴􀁾􀀠International GtOuP IJoan Wlts.on
(Amencan Centenmal/Wesco (800) 2S3Insurance Company). 6200' 6999 Savoy Dnva. smle 1100. HOUS'I ton. TX 77306-3315. FJf51 Inswanr:6 C;)Plpaoy of Norman Cilmara Hawaii, LTD.. 1100 Ward
I rao8) 􀀵􀀲􀀷􀁾􀀠Avenue. P.O. eOl( 2866, "10'10-I 7495. lulu. Ht 96814. , Gres! Pacific Insurance Compa· Ii DaVId Brody ny, 1250 Baytlrli Dove, $une, 􀀨􀀴􀁾􀀵􀀩􀀠872100, San Bruno.
CA 940GG '6676. l:'1dependent F.re InSurance "'ay M Company. One lnoopenoont Cl.lmm,ngs Onve. JacksonVIlle. Fl 32216-190d) 6320001. 0480. Integrand Assurat'IClJ Company. VICtor J. Roosevel!
Avenue & Ensena· I Salgado. Jt. da Street, Ca&tarra, AA 00920. {S09178tI Island Insurance Company. Ltd.. 1022 Sathel Street. P,O. Box 152'0. Honrnulo. Ht 96B13 Mlnnfihoma InslJI'ance
Comoany. 1629 Lak.emount Onve. Sno· hamlsh. WA 9829(). MiM6$Ola Mutual Fffe & Casual· 'Y. 10225 Yellow Cit£itl Dove, Minnetonka. MN 55343 Omena Property & Casualty Company, 3102 faN\am
S\teet, Omaha. NE 66 13' . Praico Insurance Group. Pan American Ir,suranee Company, Praico Bulldmg. Chardon Avenue and Corr>et. Gonzales Slreet HalO Rey, PR 00918. Progressive Insufaoce
Group, 11010 While RQ(;k. Road, Rancho Coldova, CA 95670, Recf1and Insurance Company. 535 West tiroadwa)'. P.O. Sol(' 229, Council Btuffs, !,A 515()20229, Standard Guaranty Insurance
ConIpany. 3200 NorthSide Parkway. AUanla. GA 30302, Transametican Prem+er Insur· .at'IC$ Company. 333 South Anita Drive, Orange, CA 92668. Unton American 10$<,K&1lCG C0mpany. 3830 West
Flagler Street. Coral Gables. f'L 33134. Unisun Insuranl:& Company, One South Pllrk Cirda. Charte$lOn. SC 29407. U. S. Security InwranCE Campa. t'tj. 3915 Biscayne Boulevard, 􀁍􀁬􀀸􀁭􀁾􀀠Fl33137.
0707. Ronald K, TogUChi (a06) S45-a162. Rlchan:J E. PeoaCk (206J 565-0555, Mar'k Gorman (61219335033. Ted JOhns.on (402) 3423326. Raul Rosl\"o (80S) 2505256. Mal)AAn Rohrback (916) 6365212,
e)(temllon 2220. Larry W. Palmer (11.2) 3251S45. Mal1\; Chapman (404) 2646973. John Durham (7\4) 9372600, e.teftSlon $11;1. Tony Medina (305) 4450045, J!tI'l'tEI$ A. Brazill (803) 5110510,
Lori Scaramellioo (305) 5761115, 􀁥􀁾􀀶􀁬􀀢􀁉􀁳􀁩􀁯􀁮􀀠317. Federal Register I VoL 57, No, 85 I Friday, May 1. 1992 I Notices Daled: April 13. 1992. C. M. "Bud" Schauerte, Admil11Slrolor.
Federallmw."an!.:e Atiministrolion. IFR Doc. 92-10:25 filed 4-30-92: 8:45 am' etlLlNC CObli: 􀀶􀀷􀁴􀀦􀀭􀀼􀁬􀁾􀀠 19041 
NFIPIWVO NEW BUSINESS PROCEDURES FOR LOAN SERVICING 1. SUSPENSE APPLICATION FOR 30-60 DAYS FOR RECEIPT OF POLICY DECLARATIONS PAGE. 2. IF POLICY DECLARATIONS NOT RECEIVED; CONTACT INSURANCE
AGENT LISTED ON APPLICATION. A. ALL COPIES OF NEW BUSINESS POLICIES ARE SENT TO THE INSURANCE AGENT. (May vary for some WVO companies.) B. ALL ERROR NOTICES ARE SENT ONLY TO THE INSURANCE
AGENT OF RECORD. 3. IF AGENT SAYS THAT THEY POLICY HAS BEEN ISSUED: A. REQUEST COpy OF THE DECLARATIONS FROM AGENT OR B. REQUEST A COPY DIRECTLY FROM THE COMPANY. NOTE: NFIP WILL ONLY
SEND COPIES TO THE INSURANCE AGENT, SO BE SURE TO NOTIFY THE AGENT THAT THE COpy IS FOR YOUR BANK. 4. PREMIUM MUST BE RECEIVED BY THE COMPANY WITHIN 10 DAYS OF THE DATE ON THE BOnOM
OF THE APPLICATION IN ORDER TO BECOME EFFECTIVE ON THE DATE OF CLOSING. TIMELY ISSUANCE OF THE CHECK AFTER CLOSING IS VITAL. 5. CLOSERS CAN ACCEPT A COpy OFTHE APPLICATION AND PROOF
OF PAYMENT OR A COpy OF AN EXISTING POLICY BEING ASSUMED WITH A COMPLETED ENDORSEMENT FORM, SHOWING YOUR BANK, BORROWER AND THE REQUIRED AMOUNT OF INSURANCE. 
NFIPIWVO RENEWAL PROCEDURES FOR LOAN SERVICERS 1. RENEWAL BILLS ARE PRODUCED 45 DAYS PRIOR TO THE RENEWAL EFFECTIVE DATE. 2. COPIES OF THE RENEWAL BILL IS SENT TO THE POLlCIYHOLDER,
BUT ARE MARKED "THIS IS NOT A BILL". 3. AGENTS MAY RECEIVE INDIVIDUAL COPIES OR A MONTHLY RENEWAL LISTING. 4. CUT ONE CHECK FOR EACH SEPARATE COMPANY. WITH NFIP IT IS BEST TO CUT ONE
CHECK FOR EACH POLICY. THIS MAY ALSO BE TRUE FOR SOME WVO COMPANIES. 5. IF YOU DO NOT RECEIVE A RENEWAL BILL, CONTACT THE INSURANCE AGENT LISTED ON THE DECLARATIONS PAGE. THEY CAN COMPLETE
A RENEWAL APPLICATION TO BE FORWARDED WITH YOUR RENEWAL PREMIUM CHECK. 6. RENEWAL DECLARATIONS ARE NOT PRODUCED UNTIL PREMIUM PAYMENT IS RECEIVED. 7. RENEWAL PREMIUMS MUST BE. RECEIVED
􀁾􀀻􀁅􀁬􀁩􀁦􀁦􀁩􀁄􀁖􀁩􀁾􀀬􀁔􀁇􀁈􀀺􀁅􀀮􀁅􀀠30TH DAY AFTER THE RENEWAL DATE FOR NO LAPSE 8. PREMIUMS RECEIVED 31-90 DAYS AFTER THE RENEWAL DATE WILL HAVE A LAPSE IN COVERAGE EQUAL TO THE
DATE OF RECEIPT OF PREMIUM.!:!.JJ.S FIVE (5) DAYS. 
i· , 1 􀀮􀁾􀀠"-, , J ( 
--HOW THE NFIP WORKS 1. Community applies for participation in the NFlP either (a) as a result of interest in eligibility for flood insurance, or (b) as a result of receiving notifICation
from FEMA that it contains one or more SFHAs. Application includes adopted resolutions or ontinances to minimaUy regulate new construction in SFHAs. Regular Program of the NFIP Notes:
The purchase of flood insurance is mandatory as a 􀁣􀁣􀁮􀁤􀁾􀁩􀁯􀁮􀀠of receipt of federal or federally· related finan· cial assistance for 􀁡􀁣􀁱􀁵􀁬􀁳􀁾􀁩􀁯􀁮􀀠andlor construction of
buildings in SFHAs of any participating 􀁣􀁯􀁭􀁭􀁵􀁮􀁾􀁹􀀮􀀠Those 􀁣􀁯􀁭􀁭􀁵􀁮􀁾􀁩􀁥􀁳􀀠notnied as flood·prone which do nol apply for participation in the NFIP 􀁷􀁾􀁨􀁩􀁮􀀠1 year of
notification are ineligible for federal or federally-related financial assistance for acquisition, construction, or reconstruction of insurable buildings in the SFHA. Conventional loans
are available in the SFHA of nonparticipating communi· ties for these purposes at the lender's risk. NFIP: National Flood Insurance Program SFHA: Special Flood Hazard Area FEMA: Federal
Emergency Management Agency 593·9105 (3m) Emergency Program of the NFIP 2. FEMA authorizes the sale or flood insurance in the community up to the Emergency Program limits. FEMA assesses
the community's degree of flood risk and development potential, and if appropriate... 1. FEMA autborizes tbe sale of additional flood insurance in the community 1ment measures. up to
the Regular Program limits. 3. arranges for a study of the community to determine base flood elevations and flood risk zones. Consultation with the community occurs at the start ofand
during the study. Communities with minimal Or nO flood risk are converted to the Regular Program without a sllIdy (below). 2. Community imp lements adopted floodplain manageRegular Program
Flood Insurance Coverages Addlt10nal Maximum Amounts Available BuUdlngs Single Family Dwelling .......................... $ 145,000 ................... $185,000 Other Residential ....................
................ 135,000 ................... 250,000 Non-residentail ....................................... 85,000 ................... 200,000 Small Business .......................................
135.000 .................. 250.000 Contents Residential .............................................. $ 45.000 ................... $ 60,000 Non-residential .......................................
85,000 .................... 200,000 Small Business ....................................... 185,000 .................... 300,000 Emergency Program Flood Insurance Coverages BuHdlngs Single
Family Dwelling ................................................ S 35.000 Other Residential ........................................................... 100,000 Non-residential .......................
...................................... 100,000 Small Business ............................................................. 100,000 Contents Residential ..............................................
..................... $ 10,000 Non-residential............................................................ 100,000 Small Business ............................................................
100.000 3. FEMA arranges for periodic community assistance visits with local officials to provide technical assistance regarding complying with NFIP floodplain management requirements.
4. FEMA provides the studied eommunity with Flood IllSurauce Rate Map delineating base flood elevations and flood risk zones. Community is given 6 months 10 adopt base flood elevations
in its local zoning and building code onIinances, and to meet other requirements. 5. Community adopts more stringent ordinances and FEMA converts the community to the NFlP's Regular
Program (below). 4. Local officials may request Rood map updates as needed. FEMA eval· uates requests, encourages cost-sharing, and issues revised maps as priorities dictate. 
--f Y /) 7v "-r... £:... 􀁾􀁹􀀠􀁣􀁾􀁥􀀮􀀮􀁲􀀠(,..)tll;lv, '" C IJ'vvJ YM 14 V1 /I( a jJ/vleg 10 t'3'1-7..fev;1lFl t /􀁾􀁾􀀠f","K -/hev... 1" 􀀨􀁪􀀮􀀮􀁗􀁴􀁪􀀢􀀢􀀢􀁣􀁹􀁾􀀩􀀠I{Ya-.,ce f1nyvc;:....,
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