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HomeMy WebLinkAboutR-92-0761J-92-786 10/30/92 RESOLUTION NO. 9 2 - 761 A RESOLUTION RECOGNIZING CERTAIN FLOOD HAZARDS WITHIN THE CITY OF MIAMI, FLORIDA; PROVIDING FOR PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP); EXPRESSING INTENT TO ADOPT AND ENFORCE FLOOD DAMAGE PREVENTION REGULATIONS CONSISTENT WITH CRITERIA SET FORTH IN PART 60 OF THE NATIONAL FLOOD INSURANCE PROGRAM FEDERAL REGULATIONS (CFR44) AND ANY OTHER OFFICIAL ACTIONS AS MAY BE NECESSARY; VESTING THE PLANNING, BUILDING AND ZONING DEPARTMENT WITH THE RESPONSIBILITY AND AUTHORITY TO COOPERATE AND ASSIST WITH FEDERAL, STATE, AND LOCAL AGENCIES AND NEIGHBORING COMMUNITIES IN ORDER TO CARRY OUT THE OBJECTIVES OF THE NFIP. WHEREAS, certain areas of the City of Miami are subject to periodic flooding, or flood -related erosion, causing serious damage to properties within these areas; and WHEREAS, relief is available in the form of Federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS, it is the intent of the City Commission to require the recognition and evaluation of flood, or flood -related erosion hazards in all official actions relating to the land use in areas having these hazards; and WHEREAS, the City Commission has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Chapters 163 and 166 of the Florida Statutes; CITY COMMISSION MEETING OF NOV 12IM Resolution Na 92- 761 AOL NOW, THEREFORE, RE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby assures the Federal Insurance Administration that it will enact as necessary, and maintain in force in those areas having flood, or flood - related erosion hazards, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Part 60 of the National Flood Insurance Program Regulations (CFR44). Section 3. The City Manager or his designee is hereby vested with the responsibility, authority and means to: (a) Assist the Administrator of the Federal Insurance Administration (the "Administrator"), at his request, in his delineation of the limits of the area having special flood, or flood -related erosion hazards. (b) Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain or flood -related erosion areas. -2- 9 2-- 761` () Cooperate with Federal, State, and local agencies and private firms which undertake to study, survey, map and identify flood plain, or flood - related erosion areas, and cooperate with neighboring communities with respect to management of adjoining flood plain, and/or flood -related erosion areas in order to prevent aggravation of existing hazards. (d) Upon occurrence, notify the Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce flood plain management regulations for a particular area. In order that *> all Flood Hazard Boundary Maps and Flood Insurance Rate Maps accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished flood plain A r premium rates within all areas having special flood hazards identified on a Flood Hazard Boundary Map or Flood Insurance Rate Map, any certificates of flood -proofing, and information on the elevation (in relation to mean sea level) of the level of the lowest floor (including basement) of all new or substantially improved structures, and include whether or not structures include a basement, and if the structure has been floodproofed. Section 5. The City Commission hereby agrees to take such other official action as may be reasonably necessary to carry out the objectives of said Program. Section 6. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of November 1992. CITY CLERK PREPARED AND APPROVED BY: JULIE 0. BRU ASSISTANT CITY ATTORNEY IER L. APPROVED AS TO FORM AND CORRECTNESS: -4- MAYOR 92 - 761 CITY OF MIAMi, FLORIDA` PZ a 13 INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and DATE : �o{� d + JZ FILE �� Members of the City Commission j 92 SUBJECT: Proposed Resolution of Intent L Cesar H. Odi ��'rt FROM : REFERENCES City Manager °v .J ENCLOSURES: Recommendation It is respectfully recommended that the City Commission adopt the attached Resolution of Intent. The City of Miami is in the process of adopting a Floodplain Management Ordinance, as required by the Federal Emergency Agency management Agency (FEMA), in order to establish eligibility in the National Flood Insurance program (NFIP). FEMA also requires that a Resolution of Intent be adopted in accordance with the ordinance. The intent and purpose of the ordinance is to regulate proposed development in flood hazard areas to ensure that such development will not aggravate existing flood conditions and that new buildings will be protected from flood damage. Background Since 1968 the National Flood Insurance Program (NFIP) has provided federally backed flood insurance to encourage communities to enact and enforce floodplain regulations. The program has been very successful in helping flood victims get back on their feet. In August of 1970, the Federal Insurance Administrator declared the entire area of Dade County eligible for federally assisted flood insurance. Over the years, Dade County was responsible for managing floodplain management activities for all municipalities in the county. However, in July of 1992, the Federal Insurance Administrator determined that Dade County Metropolitan Government is incapable of managing floodplain activities for the entire Dade County area, and therefore, each municipality must establish eligibility in the NFIP, as a separate and independent community. For this reason, each municipality must adopt a Floodplain Management Ordinance. The proposed ordinance, meets the requirements for participation in the NFIP and, if adopted, will make the citizens of Miami eligible to purchase federally sponsored flood insurance. 92- 761 1 C= a The Honorable Mayor and Members of the City Commission Page 2 If the City fails to adopt the ordinance by January 20, 1993, it will be considered to be noncompliant and will be ineligible to participate in the NFIP. Nonparticipating communities become subject to the sanctions outlined in Section 2O2(a) of the Flood Disaster Act of 1973 (as amended). Flood insurance, Federal grants and loans, Federal disaster assistance, and Federal mortgage insurance are not available for the acquisition or construction of structures within the identified Special Flood Hazard Areas depicted on the Flood Insurance Rate Maps (FIRM) in nonparticipating communities.