AGENDA #2.3
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing and Consideration of Action on Revised Hazard Mitigation Plan
DATE: November 22, 2004
Tonight’s Public Hearing provides an opportunity for the Council to receive citizens’ comments and questions regarding the Town of Chapel Hill Hazard Mitigation Plan 2004. This revised plan would replace the Town’s currently adopted Hazard Mitigation Plan and would comply with the latest State and federal regulations.
The attached resolution would adopt a revised plan entitled Town of Chapel Hill Hazard Mitigation Plan 2004. Adoption of this revised plan is necessary for the Town to remain eligible for State and federal disaster relief funds in accordance with Chapter 214 of the 2001 North Carolina Session Laws and the Federal Disaster Mitigation Act of 2000.
The Manager recommends adoption of the attached resolution.
Chapter 214 of the 2001 North Carolina Session Laws requires that all communities in North Carolina adopt a local Hazard Mitigation Plan. In response to this legislation, the Town of Chapel Hill developed and adopted its 2002 Hazard Mitigation Plan on June 10, 2002. A Public Hearing was held on May 13, 2002, at which the plan was presented to Town Council and to interested citizens. No comments were received as a result of the hearing. The Town’s 2002 Hazard Mitigation Plan was subsequently accepted by the North Carolina Department of Emergency Management, the State agency that is responsible for oversight of the federally mandated regulations.
Since adoption of the Town’s 2002 Hazard Mitigation Plan, revisions and new requirements for local plans have been promulgated by the federal government as part of the Federal Disaster Mitigation Act of 2000. These requirements include more detailed mapping criteria, expanded stakeholder participation activities, and new criteria regarding hazard identification, community vulnerability, hazard mitigation measures, local plan applications, and plan updating procedures.
The necessary revisions to the Town’s existing 2002 Hazard Mitigation Plan are substantial. Therefore, the existing plan must be substantially revised. Key changes included in the revised plan are:
1. Additional and updated maps, graphics, and presentation of numerical data using charts and tables.
2. Increased content and discussion regarding “all hazards” (The primary focus of the 2002 plan is flooding.)
3. Additional discussion of means and measures for reducing the risk of disasters. (The 2002 plan focuses on recovery from disasters that have already occurred.)
4. Supplemental materials and information necessary for eligibility to receive Federal Hazard Mitigation Assistance Funds (pre-disaster funds) in addition to Federal Public Assistance Funds (post-disaster funds). (The 2002 plan deals primarily with post-disaster funding eligibility requirements.)
The revised plan is prescriptive for the most part. It responds in form, format and content to specific guidelines and requirements stipulated by the Federal Emergency Management Agency (FEMA) for plan approval. Our plan uses the same general template that other local governments are using to develop their plans, with details and data specific to Chapel Hill as necessary.
The Town must adopt a hazard mitigation plan that complies with current regulations and that plan must be accepted by the State and approved by FEMA in order for the Town to remain eligible for hazard mitigation and disaster relief funds. We were unable to complete the necessary data collection, revision and submittal of the Town’s revised plan in time to meet the November 1, 2004 submittal schedule. We have been working closely with State Department of Emergency Management staff in developing the revised plan, and the plan as it is presented tonight has been pre-approved by the State for submittal to FEMA once it is adopted by the Town Council.
Because we were unable to meet the normal submittal schedule, we ask that the Council hold the required Public Hearing and also act on the revised plan tonight. Advertisements for tonight’s hearing were placed in the News and Observer and The Chapel Hill News, and on cable channel 18.
If changes in the revised plan are necessary as a result of comments received at tonight’s Public Hearing, and/or if revisions are required by FEMA or other agencies as part of the plan review and approval process, we will prepare and present them to the Town Council at a future meeting for consideration as Plan Amendments. This is the standard procedure endorsed by FEMA for revising adopted hazard mitigation plans.
Attachment 1 is a copy of the proposed Town of Chapel Hill Hazard Mitigation Plan 2004. The 2004 Plan can also be viewed at the following Town website:
http://townhall.townofchapelhill.org/stormwater/hazard_mitigation_plan_2004.pdf.
In order to remain eligible for State and federal hazard mitigation and disaster relief funds, the Town must adopt a local hazard mitigation plan that complies with current State and federal regulations and the plan must be approved by the State and by the Federal Emergency Management Agency (FEMA). The attached Town of Chapel Hill Hazard Mitigation Plan 2004 includes the necessary text, maps, charts and tables to comply with the applicable regulations. This comprehensive planning document identifies hazards, risks, vulnerabilities, and mitigation and recovery activities to reduce short-term and long-term risks to life and property that result from disasters.
MANAGER’S RECOMMENDATION
That the Council adopt the attached resolution adopting the Town of Chapel Hill Hazard Mitigation Plan 2004.
ATTACHMENTS
A RESOLUTION ADOPTING THE TOWN OF CHAPEL HILL HAZARD MITIGATION PLAN 2004 (2002-11-22/R-1)
WHEREAS, the Town Council desires to remain eligible for State and federal hazard mitigation and disaster relief funds in the event of a declared disaster within or including the Town of Chapel Hill; and
WHEREAS, the Council recognizes the value of having a plan in place for identifying, prioritizing, and mitigating potential and real hazards that would affect Chapel Hill and its residents in the event of a disaster; and
WHEREAS, the Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Legislature of the State of North Carolina has in Section 1, Part 166A of the North Carolina General Statutes (adopted in Session Law 2001-214—Senate Bill 300 effective July 1, 2001) stated in Item (a) (2) “For a state of disaster proclaimed pursuant to G.S. 166A-6(a) after August 1, 2002 the eligible entity shall have a hazard mitigation plan approved pursuant to the Stafford Act”; and
WHEREAS, Section 322 of the Federal Disaster Mitigation Act of 2000 states that local governments must develop an Hazard Mitigation Plan in order to receive future Hazard Mitigation Grant Program Funds; and
WHEREAS, it is the intent of the Town Council to fulfill this obligation in order that the Town will be eligible for federal and State assistance in the event that a state of disaster is declared for a hazard event affecting the Town;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council:
1. Adopts the Town of Chapel Hill Hazard Mitigation Plan 2004; and
2. Vests the Town Manager with the responsibility, authority, and the means to:
(a) Inform all concerned parties of this action.
(b) Cooperate with federal, State, and local agencies and private firms which undertake to study, survey, map, and identify floodplain or flood-related erosion areas, and to cooperate with neighboring communities with respect to management of adjoining floodplain and/or flood-related erosion areas in order to prevent aggravation of existing hazards.
(c) Adjust the boundaries of Town and municipal planning jurisdiction whenever a municipal annexation or extraterritorial jurisdiction expansion results in a change whereby the Town assumes or relinquishes the authority to adopt and enforce floodplain management regulations for a particular area in order that all Flood Hazard Boundary Maps (FHBMs) and Flood Insurance Rate Maps (FIRMs) accurately represent the Town’s planning jurisdiction boundaries; and to provide notification of boundary revisions, along with a map suitable for reproduction and clearly delineating municipal corporate limits and extraterritorial jurisdiction boundaries, to all concerned parties.
3. Directs the Town Manager to routinely review the Town’s Hazard Mitigation Plan annually, and to review the Plan in greater detail at least once every five years, to assure that the Plan is in compliance with all State and federal regulations and that any needed revisions or amendments to the Plan are prepared and presented to the Town Council for consideration and approval.
4. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the Town’s Hazard Mitigation Plan.
This the 22nd day of November, 2004.