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Item N4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21. 2003 Division: Growth Management Bulk Item: Yes No lL Department: Planning & Environmental Resources AGENDA 'ITEM WORDING: Presentation of the Post Disaster Recovery & Redevelopment Plan produced by Ana1ytica concluding an agreement for professional services between Monroe County and Ana1ytica. ITEM BACKGROUND: In October 2000, the BOCC approved a grant agreement with the Florida Department of Community Affairs which provided funding to complete the PREP ARA TION OF A POST -DISASTER PLAN TO IDENTIFY AND ADDRESS IMMEDIATE PRIORITIES FOR THE RECOVERY AND REDEVELOPMENT OF THE FLORIDA KEYS AFTER A NATURAL DISASTER. Through an RFQ process, Ana1ytica was the chosen consulting firm. A Technical Review Committee that included staff from the Growth Management, Waste Management, Emergency Management, Engineering, Code Enforcement and the DCA met regularly with 'ltna1yfic-a and has signified approval of the Plan. At this meeting Analytica will make a short presentation of the Plan. At a later date, Staff will return to the BOCC for approval of various elements of the Plan PREVIOUS RELEVANT BOCC ACTION: The agreement with Analytica to complete a Post Disaster Recovery Plan was approved by the Board of County Commissioners on 17 May 2001. CONTRACT/AGREEMENT CHANGES: An amendment to'extend the time of completion of the Final Report from 31 October 2002 until 31 June 2003 was permitted by the BOCC on April 16, 2003. STAFF RECOMMENDATIONS: Acceptance of Plan. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/A No AMOUNTPERMONTH N/A Year APPROVED BY: County Atty ~ OMB/Purchasing _ Ris Management ~ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ~ To Follow Not Required_ DISPOSITION: AGENDA ITEM #4 Post Disaster Redevelopment Plan Monroe County Map of Monroe Count~* ...70 " " ". . ,. . " ,1. . ..... -. . . ..... . ... ... ~ -. -..-- ........ "._A:,._ -~~~ Developed by: ANAL YTICA May 4, 2003 0'~ I. Executive Summary a. Overview. This plan provides policies, procedures and guidelines for Monroe County when faced with redevelopment issues after a disaster. This plan is designed to complement the County's emergency management plan, but it is not a substitute for emergency response plans. Its purpose is to (1) ensure the County is prepared to address post-disaster redevelopment issues; (2) ensure the County is positioned to optimize federal funds to achieve long term redevelopment goals; and (3) ensure the economic and Quality of life issues involved in redevelopment are productively and fairly addressed. b. Goals of the plan. The plan addresses five goalS significant for effective post-disaster redevelopment. i. Goal 1 is to develop an effective management structure for post-disaster planning. The plan formalizes existing working relationships into a Disaster Advisory Working Group (DAWG). The purpose of the Working Group is to ensure coordinated planning among various stakeholders and the various emergency and disaster plans of the county. The Working Group itself is a planning body that meets on an as-needed basis. In an actual disaster recovery situation, a subset of the Working Group takes operational leadership. This subset is identified as the Recovery Task Force. ii. Goal 2 is to identify and develop the management tools needed for post-disaster recovery. iii. Goal 3 develOps the various permitting polides and procedures that would be in effect during a disaster recovery period. iv. Goal 4 addresses hazard mitigation planning opportunities. v. Goal 5 addresses polides and procedures for public fadlities. -2- II. Table of Contents Executive Summary 2 Background 4 Methodology 5 Post-Disaster Recovery/Redevelopment Plan 6 Introduction 6 Goal: Ensure integration and coordination of all disaster related planning 6 Goal: Establish mechanisms to manage post-disaster recovery 10 Goal: Establish Building Permitting Policies and Procedures for Post-Disaster Recovery and Redevelopment. 14 Goal: Establish hazard mitigation policies and procedures for the post-disaster recovery and redevelopment period. 15 Goal: Establish policies and procedures for addressing damaged public facilities 18 Appendices 1 - Model Resolution Authorizing the Disaster Advisory Working Group, Recovery Task Force, and Building Permitting 19 2 - Recommended Committee/Sub-Committees of the Disaster Advisory Working Group 41 3 - Model matrix for comparing the Comprehensive Emergency Management Plan, the Disaster Response Plan and the Post-Disaster Redevelopment Plan 43 4 - Historic Property Guidelines 44 5 - Property Acquisition Prioritization Criteria 46 6 - Public Education Program, model elements 48 7 - Example Damage Report Form 49 8 - Beach Recovery Procedures 52 9 - Emergency Waiver Criteria 54 10 - Mitigation Measures 55 11 - Model Debris Management Plan 61 -3- III. Background a. Monroe County received grant funding to develop a post-disaster redevelopment plan to address the myriad of issues that would confront the County and State following a disaster. The County issued an RFP and selected Analytica to develop the plan. b. Analytica interviewed a number of county residents, reviewed current policies and procedures and reviewed state of the art practices of other communities. Based on this initial data, Analytica developed a draft approach. c. Through a series of workshops with staff, various issues were identified, approaches developed and critiqued. Each draft was reviewed and appropriate modifications developed until an acceptable plan was developed which addressed all concerns in a reasonable and practical manner. -4- IV. Methodology a. The methodology for this project consists of three tools; (1) comparative research which identifies generally accepted approaches in the field; (2) identification of current and emerging legal issues; and (3) collaborative modification and application of this external data to the specific situation of Monroe County. b. The research process itself involved independent work by Analytica which is then reviewed collaboratively with Monroe County staff. Following each such Review Conference, Analytica then modified and expanded upon items as appropriate. -5- v. Post-Disaster Recovery/Redevelopment Plan a. Introduction. i. This document presents a plan for the management of redevelopment issues that Monroe County would or could face following a natural disaster resulting in significant property damage. The plan provides management and organizational structures and suggested policies and procedures to gUide emergency permitting, build-back, and mitigation efforts. In addition the plan provides mechanisms for on-going coordination of various emergency and disaster management plans. In addition to the policies and procedures provided in this plan, it is the intention to position the County to receive federal funding for the support of speCific activities envisioned in this plan. ii. The post-disaster recovery/redevelopment plan is not an emergency response plan and is not intended to hinder needed publiC activities required in an emergency response situation. The restoration of existing public services occurs in the context of the Emergency Management Plan, not in the context of this plan. b. Goal: Ensure integration and coordination of all disaster related planning i. Rationale. 1. There are a variety of public entities concerned about disaster response and disasters impact a number of community sectors and jurisdictions. Given the various interests and impacts, it is important that there be overall coordination of disaster planning in a county. The intention of this section is to provide mechanisms to ensure effective and efficient coordination. ii. Objective: Establish a Disaster Advisory Working Group 1. Overview. a. Purpose i. The purpose of the Disaster Advisory Working Group is to prOVide a single point of coordination for all disaster planning and response in the county b. Role i. The role of the Disaster Advisory Working Group is to ensure consistency of the County's planning for natural disasters. -6- c. Authority i. The Disaster Advisory Working Group (DAWG) derives its authority from the County Commission. Its authority is to ensure that the disaster related elements of all county plans are coordinated and that the county is prepared to enact its plans. d. Relationship to other entities i. The Disaster Advisory Working Group does not eliminate or replace other disaster planning functions. Its function is simply the coordination of these efforts to ensure consistency . 2. Policies. The DAWG will be guided by the following policies. a. To ensure that the Comprehensive Emergency Management Plan, the Hazard Mitigation Plan and the Post Disaster Redevelopment Plan are consistent and coordinated, a Disaster Advisory Working Group shall be formed by the County Administrator and report to the same. b. Policy. The Disaster Advisory Working Group may appoint such committees or sub-committees as it deems necessary to carry out its duties. Recommended committee/sub-committees will be found in appendiX 2. c. Policy. The role, purpose, powers and duties of the Disaster Advisory Working Group shall include the following: i. Review and ensure any Changes/updates to the Comprehensive Emergency Management Plan, the Hazard Mitigation Plan and the Post-Disaster Redevelopment Plan are coordinated and consistent. A model matrix for this review and coordination will be found in appendix 3. ii. Develop ways and means to implementing the County's mitigation strategy as detailed in section IV of this plan and the County's mitigation strategy plan. This shall be done in conjunction with the local mitigation strategy committee. iii. Develop, review and update the post- disaster recovery/redevelopment plan for the County, including recommending changes to the Monroe County comprehensive plan, Comprehensive Emergency Management Plan and any Post-Disaster ordinances. iv. Advise the County Administrator on relevant recovery and reconstruction issues. -7- v. Update build-back procedures and monitor their application to redevelopment. Sample build-back policy and procedures will be found in appendix 13. vi. Identify high hazard land areas through current or future studies (areas that have sustained repeated damage from flooding or hurricanes). Where necessary, recommend changes in approved land uses in high hazard land areas. vii. Define principles and establish criteria for prioritizing acquisition of property damaged as a result of a major or catastrophic disaster. Appendix 7 provides model criteria and prioritization. viii. Establish special committees and sub- committees within the Disaster Advisory Working Group to deal with specific issues arising during the disaster recovery process. ix. Establish an eduqltion program to advise the public of the County's Post-Disaster Redevelopment Plan. Potential elements of such a program are listed in appendix 8. x. Develop and recommend procedures to document actual uses, densities and intensities, and compliance with regulations in effect at the time of construction, through such means as photographs, diagrams, plans, affidavits, permits, appraisals, tax records, etc. Note: A sub-committee of the DAWG, comprising all entities involved in the land development process, should be established to develop these procedures. xi. Recommend any changes in the Comprehensive Plan, development standards, zoning regulations, setback, density, open space, buffering and elevation requirements, building codes, or any other ordinances necessary or advisable to prevent damage. xii. Develop procedures to address the rehabilitation of historic resources in a manner that preserves their historic integrity. Note: A sub-committee of the DAWG charged with this responsibility. 3. Membership. Membership on the DAWG could include officials such as: a. County officials i. County Administrator, Chair ii. Key Department Heads -8- III. Sheriff representative as needed b. One City official from each of the following (ex officio) i. Key West ii. Marathon iii. Islamorada iv. Layton v. Key Colony Beach c. Civic and business. Given the potential implications of post-disaster redevelopment for the economy and Quality of life the County, it is important that civic and business groups be aware of in post-disaster planning activities. These entities cross municipal lines and unincorporated areas. i. Tourism Representative from TDC ii. Health & Human Services Groups Representative (1) iii. Chamber (1 joint representative) iv. Ocean Reef (ORCA) d. State i. DCA e. Aqueduct authority f. Other members as required. The DAWG has the authority to add other members on either a temporary or permanent basis on an as-needed basis. 4. Organization and work procedures. a. Chair. The chair of the DAWG shall be the County Administrator b. Vice-Chair. The Vice-Chair shall be appointed by the Chair and shall operate as Chair in the Chair's absence. The Vice-Chair shall have other duties as assigned by the Chair. c. Internal communication i. Agendas. It is responsibility of the Chair to ensure agendas are developed and distributed prior to meetings of the DAWG. ii. Notes. It is responsibility of the Chair to ensure meeting notes are taken and distributed. iii. Public Records and Meetings. All meetings and records of the DAWG shall be considered as falling under applicable Florida open meetings and public records laws. d. Meeting schedule. The DAWG shall meet on an as-needed basis but not less than one formal meeting per year. e. Voting procedures. The DAWG shall operate by consensus for normal business operations. Should a formal vote be required at the discretion -9- of the Chair, all regular voting members have an equal vote. c. Goal: Establish mechanisms to manage post-disaster recovery i. Overview 1. While the DAWG operates in a planning mode, there is the need for operational bodies to actively manage post- disaster recovery efforts. Two such mechanisms are discussed in this section; a Recovery Task Force that will manage the overall recovery effort and Damage Assessment Teams that will provide on the ground assessment and information. Ii. Objective: Establish a Recovery Task Force 1. Introduction. The RTF will be drawn from the DAWG but unlike the DAWG it will be an operational body that exists only during a post-disaster recovery period. 2. Policies. The RTF will be guided by the following policies. a. Policy. A Recovery Task Force (RTF) will be established for the purpose of managing the recovery process after a disaster. b. Policy. The RTF will be appointed by the Monroe County Board of County Commissioners and will report directly to the Commission during the recovery period. c. Policy. The RTF will be activated upon a formal declaration of emergency by an appropriate body d. Policy. The RTF may establish committees, work teams or task forces as it deems necessary to carry out its mission. e. Policy: The RTF will have the following roles, purposes, powers and duties: i. The function of the RTF is to apply disaster recovery and redevelopment policy in concrete circumstances and to make recommendations regarding policy changes. Specific duties and functions are presented sections 7 and 8. 3. The Operational Duties. The RTF will have the following operational duties. a. Receive and review damage reports and other analyses (see Appendix 9 for an example report form) in order to (a) compare those circumstances with mitigation opportunities identified prior to the disaster in order to identify areas for post-disaster change and innovation; (b) determine the applicability of redevelopment policies to speCific damaged properties; (c) direct the recovery effort; (d) provide emergency -10- waivers based on specified criteria and standards (see Appendix 11 for examples). b. Review and apply alternative approaches to achieving post disaster mitigation. c. Oversee and manage the recovery and reconstruction process. d. As conditions may warrant, appoint a Historic Rehabilitation Coordinator. e. Set a calendar of milestones for recovery tasks. f. Assist with development and implementation of an economic recovery program focusing on the rapid recovery of the tourism industry. g. Initiate immediate recommendations to the governing body for the enactment, repeal or extension of emergency or temporary ordinances and resolutions including repealing or extending any moratorium. h. Make recommendations for participation in federal and state post-disaster hazard mitigation planning. i. Evaluate damaged public facilities and formulate alternative mitigation options in accordance with the hazard mitigation plan and recommendations from the local mitigation strategy committee. 4. Operational Improvement Responsibilities. The RTF is responsible for an evaluation of operational experience and formulation of recommendations for future policy consideration. The RTF could address issues such as the ones listed below. a. Recommend rezoning changes in areas of damage, when deemed appropriate. b. Recommend to the DAWG land areas and land use types that will receive priority in future recovery operations. c. Recommend to the DA WG improvements in data showing actual uses, densities and intensities, and compliance with regulations in effect (photographs, diagrams, plans, affidavits, permits, appraisals, tax records, etc). d. Evaluate hazards and the effectiveness of mitigation policies and recommend appropriate amendments. e. If considered necessary, recommend changes in approved land uses in high hazard land areas. f. Initiate recommendations for acquisition of damaged property. g. Make recommendations to the DAWG for revision of the County's redevelopment plan in conjunction with federal, state and local emergency officials. h. Review emergency actions and recommend amendments to various county ordinances and plans. -11- i. Recommend changes to the Comprehensive Plan, land development regulations and other ordinances, policies and procedures. j. Recommend that the Disaster Advisory Working Group consider objectives such as: i. Enhancing local recreation and open space; ii. Enhancing public access to estuarine, and beaches; iii. Enhancing and restoring local natural ecosystems; iv. Reducing traffic congestion, noise and other transportation related problems; v. Enhancing long term economic vitality; and vi. Enhancing and rehabilitating historic resources. 5. Membership (representatives from) a. Management Services Division b. Public Safety c. Community Services d. Public Works e. Growth Management f. Tourism/Economic Development g. County Health h. Other i. All members of the DAWG are ex officio 6. Reporting Relationships a. Operational directly to County Administrator/BCC b. Long term, future recommendations to the DAWG 7. Organization and Work Procedures a. Declaration of Emergency initiation RTF. The RTF is initiated upon a declaration of emergency by an appropriate body. b. Chair/Vice Chair. The chair and vice chair are designated by the County Administrator. c. Relationship of RTF and Damage Assessment Teams (DATs) DAT report to the RTF. d. Provide an appeal process to the appropriate governing body for decisions. The RTF will establish appeal processes as appropriate. e. Coordination with other jurisdictions/authorities. The RTF will coordinate with other jurisdictions and authorities as appropriate. f. Dissolution procedures. The RTF will be dissolved as described in appendix 1. ii1. Objective: Establish Damage Assessment Teams (DAT) 1. Overview. Damage Assessment Teams provide in-the- field assessments of damage and guidance to residents. The composition of each team is determined by the -12- characteristics of the damaged area. DATs report to the RTF. 2. Policy. The DAT will be guided by the following policies. a. Policy. The County will establish Damage Assessment Teams of two types. i. Preliminary. 1. Functions and reporting relationships as specified in section 4 of the Comprehensive Emergency Management Plan (CEMP). ii. Recovery/Redevelopment. 1. Functions and reporting relationships as specified in the Post Disaster Redevelopment Plan (PDRP). b. Policy. The Recovery/Redevelopment Damage Assessment Teams (R/R DATs) will report directly to the RTF. c. Policy: The R/R DATs will have the following roles and functions, duties and powers. i. Roles & Functions/Powers and Duties. 1. Define impacted area. 2. Assess level of damage (see Appendix 9 for model). 3. Describe current use, location, other relevant information necessary for redevelopment policies to be applied appropriately to speCific damaged properties. 4. Provide information to public. d. Policy. The specific composition of the R/R DAT will be determined by the RTF in response to operational conditions such as the severity of damage, type of damage, and the availability of personnel. Each team will have a team leader who is responsible for coordination, supplies, transportation and other required data. i. If the state or FEMA is involved, a county team member should be assigned to assist the state or federal representatives. e. Policy. The following positions may comprise the membership of the R/R DAT: i. County engineers; ii. Utility company personnel; iii. Police and fire officials; iv. Property appraisers; v. Building inspectors; vi. County health officials; vii. Code enforcement; and viii. Public works. 3. Work Processes and Procedures. a. Public information and requests. -13- i. While in the field R/R DAT members should provide information to property owners or businesses about permissible actions and procedures they should follow. Media requests should be referred to the RTF. b. Review of current damage assessment criteria. i. All possible R/R DAT members shall be provided regularly scheduled training on current damage assessment criteria. c. Mutual Aid agreements/pre-arranged contracts. i. The County will enter into sufficient mutual aid agreement/pre-arranged contracts that an adequate number of trained assessment personnel will be available should the scope of the disaster be beyond the capacities of County staff and/or County staff themselves are unavailable to serve. d. Coordination with other jurisdictions/authorities. i. The operations of the DAT shall be coordination with damage assessment activities of other jurisdictions/authorities. d. Goal: Establish Building Permitting Po/ides and Procedures for Post- Disaster Recovery and Redevelopment. i. Introduction. 1. This section identifies policies and procedures for the issuance and management of building permits in a post- disaster redevelopment period. 2. Appendix 1, a model ordinance, contains example language for the county to consider. Adoption of this plan does not imply adoption of the ordinance. The sections of the ordinance for this goal may be lifted into another document if the County so desires. ii. Declaration of permit processing suspenSion in damaged areas. 1. Pre-authorization of building suspension. a. Designated area. b. Stages of suspension. 2. Initial duration of the complete moratorium. a. Clarification of exempted activities. i. securing of property against further damage. ii. publiC and Quasi-public services: 1. emergency communication; 2. fire/ems; 3. hospital; 4. water/wastewater. 3. Step by step lifting of moratorium and expedited permitting. -14- a. Emergency Review Board. i. Special Master. b. Emergency Building Permit Issuance. c. Undamaged structures. d. Structures with minor damage. e. Structures with major damage. f. Required debris removal for destroyed structures. iii. Regulation of reconstruction. 1. Taking issues where setbacks or high hazard zones prevent reconstruction a. Taking b. Voluntary acquisition 2. Transfer of development rights, allocation of square footage to non hazard areas as alternative to taking 3. Affordable housing issues a. Effect of destroyed units on ROGO and affordable housing allotment i. Increase % of affordable housing in ROGO 4. Land use issues a. Prior non-conforming land uses i. Residential, owner occupied ii. Residential, non-owner occupied iii. Commercial b. Consideration of special rights for affordable housing c. Curative land use plan amendments i. review DCA memo of understanding re emergency permits 5. Shoreline set back issues for prior non-conforming structures a. Environmental concems iv. Non-conforming uses policies and procedures (land use, zoning, LDRs building code, other) v. Public information program re relevant permitting poliCies and procedures 1. Exempted activities e. Goal: Establish hazard mitigation polides and procedures for the post- disaster recovery and redevelopment period. i. Introduction. Under the leadership of the DAWG those initiatives will be enacted that are intended to eliminate or reduce the consequences of future disasters to persons, public property and private property in Monroe County through implementation of a comprehensive mitigation strategy ii. Organization. The Local Mitigation Strategy Planning Team will operate as a committee established by the DAWG and will responSible for prioritization of mitigation projects iii. Objectives: A comprehensive mitigation strategy provides the opportunity to coordinate existing hazard mitigation and post- disaster redevelopment activities and resources to reduce the -15- risk of future losses. A coordinated strategy helps avoid duplication, is more cost effective, facilitates program implementation and provides a better opportunity to obtain funding that may come available in a post-disaster situation. The local mitigation strategy serves as a bridge between the county's comprehensive plan, local development regulations, and related ordinances. A well defined strategy must address the entire community, to include; residents, visitors, business and industries, institutions and infrastructure. An effective mitigation program will also provide the following advantages: 1. Reduced potential for loss of life and property. Structural and non-structural mitigation measures reduce the community's vulnerability to natural disasters. 2. Reduced economic loss. The costs for mitigation are substantially less than the costs for recovery and rebuilding. Additionally, pre-identifying mitigation costs will reduce post-disaster administrative costs. 3. Increased opportunity for post-disaster assistance. Pre- identified projects and initiatives with specific detailed requirements places the county in a more favorable position to compete for the limited post-disaster funding made available for recovery and reconstruction. 4. Enhanced short and long- term recovery efforts. Established priorities developed during the hazard vulnerability assessment, pre-determined hazard mitigation projects and streamlined reconstruction permitting procedures will expedite recovery and reconstruction actions. 5. More limited potential for legal liability. Courts can find governments liable either for taking actions which cause harm or for negligence. Adopting positive mitigation measures using standards of reasonable care will help protect Monroe County from post-disaster lawsuits. 6. Increased efficiency in restoring the community to normalcy. Improving the survivability of critical facilities and infrastructure, will help expedite the restoration of critical government and utility services. iv. Polides 1. Adopt the initiatives outlined in the "Monroe County Local Mitigation Strategy" study. 2. Incorporate both structural and non-structural measures in the Comprehensive Plan, the Capital Improvement Plan and, where appropriate, the ComprehenSive Emergency Management Plan (see AppendiX 10) 3. Develop and prioritize hazard mitigation initiatives for public facilities and infrastructure as provided in the local mitigation plan. 4. Outline post-disaster aCQuisition/relocation initiatives in accordance with applicable land-use and zoning regulations (See appendices 1 and 5) -16- 5. Develop a comprehensive Debris Management Plan (see appendix 11 for draft plan) 6. Identify vulnerable historic structures for preservation. Preserving historic and symbolic buildings is important to retaining community identity and the value to the community of the structures that survive a disaster is usually enhanced. Preservation of historic structures is an issue that can come into sharp focus after a disaster. Controversial issues include demolition, standards for repair, extent of preservation and the cost/benefit associated with historic structure retrofit projects. Suggested post- disaster guidelines for addressing the historic structure are at appendix 4. 7. Establish requirements for emergency demolition and permitting, building moratoria and building re-occupancy. (See Appendix 1). v. Procedures 1. Conduct a comprehensive community vulnerability assessment using the hazard mitigation plan as a basis. 2. Wherever feasible, retrofit facilities and infrastructure 3. Maintain and improve stormwater/f1oodplain management structures 4. Involve all stakeholders (public and private) in mitigation and redevelopment planning 5. Maintain a prioritized list of mitigation initiatives for current and future funding a. Comment. This could be extremely important in receiving federal mitigation funding in a post- disaster situation. f. Goal: Establish polides and procedures for addressing damaged publiC facilities I. Purpose. 1. The purpose of this section is to provide mechanisms, which under RTF operational direction, will ensure the conduct of effective recovery, reconstruction and redevelopment activities in restoring public facilities and infrastructure II. Objectives: 1. Expeditiously reestablish critical government services in a post-disaster environment 2. Restore and upgrade government facilities and infrastructure to more disaster resistant status 3. Identify and develop strategies for restoration of airports and port to facilitate recovery 4. Obtain external funding for priority recovery and redevelopment projects iii. Policies and Procedures 1. Maintain a current debris management plan having established priorities (See appendix 11). This plan would -17- address the location of temporary debris storage and reduction sites or determine feasible alternatives for debris clearance and disposal. 2. Using the local mitigation strategy plan as a basis, review restoration and redevelopment priorities for critical facilities and infrastructure 3. Using the local mitigation strategy plan as a basis, develop a pre-disaster hazard vulnerability assessment for all critical facilities. 4. Determine if exemptions from moratoriums and permitting requirements will be allowed for publiC facilities and infrastructure reconstruction. (See appendices 1 and 10). 5. Develop emergency beach re-nourishment and erosion control plans. 6. Under the leadership of appropriate owner, outline priorities for restoring water and wastewater services. 7. Prioritize restoration of transportation networks and systems. 8. Establish financial accounting systems for cost reimbursement for eligible activities in accordance with FEMA requirements. iv. Other departmental policies and procedures 1. Affordable housing impacts VI. Appendices Overview Appendices 1 - Model Resolution Authorizing the Disaster Advisory Working Group, Recovery Task Force, and Building Permitting 19 2 - Recommended Committee/Sub-Committees of the Disaster Advisory Working Group 43 3 - Model matrix for comparing the Comprehensive Emergency Management Plan, the Disaster Response Plan and the Post-Disaster Redevelopment Plan 45 4 - Historic Property Guidelines 46 5 - Property Acquisition Prioritization Criteria 48 6 - Public Education Program, model elements 50 7 - Example Damage Report Form 51 8 - Beach Recovery Procedures 52 9 - Emergency Waiver Criteria 55 10 - Mitigation Measures 56 11 - Model Debris Management Plan 63 -18- VII. Appendices Appendix 1 - Model Resolution Establishing the Disaster Advisory Working Group, Recovery Task Force and Building Permitting NOTE to the READER: This is a model ordinance which is provided simply as a framework for an ordinance to be considered by the County. Approval of the Plan is not the act of ordinance adoption which is a separate process. -19- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PROVIDING FOR IMPLEMENTATION OF A DISASTER RECOVERY PLAN; ESTABLISHING A DISASTER ADVISORY WORKING GROUP AND PROVIDING FOR I1S MEMBERSHIP AND DUTIES; ESTABLISHING A RECOVERY TASK FORCE AND PROVIDING FOR I1S MEMBERSHIP AND DUTIES; PROVIDING FOR THE APPOINTMENT AND DUTIES OF DAMAGE ASSESSMENT TEAMS; AUTHORIZING THE SUSPENSION AND ORDERLY RESUMPTION OF DEVELOPMENT PERMITTING UPON AND AFTER A DECLARATION OF EMERGENCY; ESTABUSHING DEVELOPMENT PERMITTING POUCIES, PROCEDURES AND PRIORITIES FOR POST-DISASTER RECOVERY AND REDEVELOPMENT AND PROVIDING FOR APPEALS; PROVIDING FOR THE ESTABLISHMENT OF HAZARD MITIGATION POLICIES TO REDUCE THE POTENTIAL FOR LOSS OF LIFE AND PUBUC OR PRIVATE PROPERTY AND LIMIT THE FUTURE UABIUTY OF THE COUNTY; PROVIDING FOR EFFECTIVE RESTORATION AND REDEVELOPMENT OF PUBUC SERVICES, FACILITIES AND INFRASTRUCTURE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES, AND PROVIDING AN EFFECTIVE DATE Be it ordained by the Board of County Commissioners of Monroe County, Florida, as follows: 1. Short Title. This ordinance shall be known and may be cited as the Monroe County Post-Disaster Recovery and Redevelopment Ordinance. 2. Findinas. The Board of County Commissioners finds: (a) Section 252.38, Florida Statutes, requires each County to adopt an emergency management plan and program that is coordinated and consistent with the state emergency management plan and program. (b) The County comprehensive emergency management plan is required to reference any adopted local mitigation strategy, including but not limited to public awareness of community and individual vulnerabilities, and methods to reduce them; structural hazard mitigation initiatives such as flood proofing, flood plain management projects, acquisition and demolition; and regulatory measures such as zoning and land development regulations. (c) Rule 9J-5.012(2)(e)2 of the Department of Community Affairs requires that the County shall analyze existing and proposed land uses in coastal high hazard areas, and measures which could be used to reduce exposure to hazards, including relocation, structural modification and public acquisition. (d) Rule 9J-5.012(3)(c) of the Department of Community Affairs further requires that the County plan for post-disaster redevelopment, distinguishing between immediate repairs and Cleanup necessary to the protection of the publiC health and safety, and long-term repair and redevelopment activities; addressing the removal, relocation or modification of damaged infrastructure; and limiting -20- redevelopment in areas of repeated damage; designating coastal high hazard areas and limiting development in those areas. (e) In Section 161.53, Florida Statutes, the Florida Legislature has declared that there is a tremendous cost to the state for post-disaster redevelopment in the coastal areas, and that preventive measures should be taken on a continuing basis in order to reduce the harmful consequences of disasters and emergencies. The legislature has further placed all of Monroe County in the "coastal building zone" under that Chapter. (f) Section 9 of Chapter 2002-296, Laws of Florida, has created Section 163.3191(2)(m) of the Florida Statutes, providing that the Comprehensive Plan of any jurisdiction within a coastal high hazard area must include an evaluation of "whether any past reduction in land use density impairs the property rights of current residents when redevelopment occurs, including, but not limited to, redevelopment following a natural disaster. The local government must identify strategies to address redevelopment feasibility and the property rights of affected residents. These strategies may include the authorization of redevelopment up to the actual built density in existence on the property prior to the natural disaster or redevelopment. " (g) Regulation of land uses in contemplation of post-disaster redevelopment cannot be implemented by emergency ordinance, but must be adopted with due public notice in advance of its effective date. (h) The Comprehensive Plan of Monroe County contains a number of objectives and policies which should be implemented and addressed by this Ordinance, including but not limited to: (1) Objective 217.2, providing for the adoption of a Post- Disaster Redevelopment Plan to address priorities for immediate recovery (see also Policy 216.1.14) and long term redevelopment including reducing the exposure of human life to natural hazards. (2) Policy 217.2.3, providing for identification of areas particularly susceptible to damage within the Coastal High Hazard Area such as the FEMA-designated V-zones and repetitive loss areas, and calling for procedures for relocating or replacing public infrastructure away from such zones, where feasible. (3) Policy 217.2.4, limiting redevelopment in areas within the Coastal High Hazard Area particularly susceptible to repeated damage, as defined by the Post Disaster Recovery Plan. (4) Policy 217.2.5 and Objective 101.7, calling for identification of areas in need of redevelopment and the drafting of a redevelopment plan for each such area and procedures for implementing the redevelopment program upon damage or loss due to a natural disaster. (5) Policy 101.18.1 providing a procedure and criteria for determination of vested rights and beneficial use of land. -21- (6) Objective 101.8 and its implementing policies, requiring the elimination or reduction of frequency of uses which are inconsistent with land development regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations. (7) Policy 101.8.10 providing that nonconforming structures so damaged or destroyed as to require substantial improvement shall be restored in conformity with the requirements of current Codes; including setbacks, except that in the case of a nonconforming single family home, where strict compliance with the setbacks would reduce lot coverage compared to the previous footprint, the maximum shoreline setback shall be maintained and in no event shall the shoreline setback be less than ten feet from mean high water. (8) Goal 601 calling for adoption of programs and policies to facilitate access by all current and future residents to adequate and affordable housing. (i) Article VIII, section 1(t) of the Florida Constitution allows county ordinances to be effective within municipal boundaries, to the extent not in conflict with municipal ordinances. Section 252.38(2), Florida Statutes, requires that municipalities which elect to adopt a separate emergency management program must be consistent with and subject to the applicable County plan. The County finds that this ordinance establishes the minimum standards necessary for the protection of the public health, safety and welfare of all persons and properties within the County; provided that nothing herein shall prevent any City from adopting more stringent regulations. [additional findings if warranted] 3. Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The words "shall" and "will" are mandatory and not discretionary. (a) Building value means the latest total assessment of all improvements on a parcel of land recorded on the Monroe County Property Appraiser's file before the structure was damaged. (b) Catastrophic disaster means a disaster that will require massive state and federal assistance including immediate military involvement. (c) Building director means the Building Official, who is hereby designated to implement, administer and enforce the building permit moratoria proviSions of this ordinance. (d) Current regulatory standards for new construction means the following: [Insert here a cross-reference to the latest adopted building code] -22- (e) Damage Assessment means a systematic procedure for evaluating the ratio of damage to public and private property, based on current adjusted replacement cost according to the most recent appraisal by the Property Appraiser. The assessment may be used to determine if the damaged area can Qualify for federal or state disaster assistance. (f) Local Damage Assessment Team means a group of individuals designated by the local jurisdiction to perform damage assessment according to State and Federal reqUirements. (g) Destroyed structure means a structure that is a total loss or damaged to such an extent that repairs are not technically or economically feasible. The indicator for this category is if the cost to repair is fifty percent (50%) or greater of the adjusted replacement cost of the structure according to the latest appraisal by the County Property Appraiser. (h) Disaster Advisory Working Group (DAWG) means a group of officials designated by this ordinance for the effectuation of its purposes. The Council's functions will primarily be pre-disaster planning and post-disaster accommodations. It will consist, in part, of the same members serving on the "Recovery Task Force" but may be of a broader composition. Members shall be appointed as provided in Section 4 C of this ordinance. (i) Emergency review board means a committee of three members from the Post Disaster Recovery Task Force appointed by the Chair of the Disaster Advisory Working Group as proVided for in section 7(a) of this ordinance. 0) Historic resource means any prehistoric or historic district, site, building, structure, object or other real or personal property of histOrical, architectural or archaeological value. Historic resources may include but are not limited to monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government or culture of the town, county, the state or the United States. (k) Major dam;lge structure means a structure that can be made habitable only with extensive repairs. Damage may include foundation, roof structure, and major structural components. The indicator for this category is if the cost to repair is greater than fifteen percent (15%) but less than fifty percent (50%) of the adjusted replacement cost at the time of damage. (I) Major Disaster means a disaster that will exceed local capabilities and require a broad range of state and federal assistance. (m) Minor damage structure means a structure that can be made habitable in a short period of time with minimal repairs. Damages may include doors, windows, floors, roofs, drywall, and other minor structural damage. The indicator for this category is if the cost to repair is fifteen percent (15%) or less than the adjusted replacement cost of the adjusted replacement cost of the structure according to the latest appraisal by the County Property Appraiser. -23- (n) Minor disaster means a disaster that is within the response capabilities of local government and to result in only a minimal need for state or federal assistance. (0) Recovery Task Force means a group of officials designated by and for the purposes of this ordinance. (p) Replacement Cost means the estimated cost to repair, reconstruct, rebuild or replace a damaged structure. It will not include the following parts of a structure or items not considered a permanent part of the structure: building plans, surveys, permits, sidewalks, pools, screens, sheds, gazebos, fences, furniture and carpeting. (Q) Structure means permanent improvements to property, but not including furniture, screens and carpeting. (r) V-zone shall have the meaning and shall be determined in accordance with regulations of the Federal Emergency Management Administration. 4. Disaster Advisorv WorkinG GroUD. (a) Upon the effectiveness of this Ordinance, and from time to time thereafter, the County Administrator shall appoint, reappoint, remove or replace those members of the Disaster Advisory Working Group which are subject to the direction of the Administrator. Other members or adviSOry members from municipal or other agencies, or otherwise not subject to the direction of the Administrator, shall be appointed by those agencies. The Council shall consist of all members of the Recovery Task Force, together with such other members as may be deemed appropriate by the Administrator; provided, that any municipality which is subject to the County emergency management program may appoint an advisory member. Any official appointed by virtue of his or her office or position may designate a representative to serve temporarily or permanently in their place providing the appointment is made in writing and approved by the Disaster Advisory Working Group Chair. (b) The Council shall continually engage in pre-disaster planning and shall make all necessary mitigation recommendations and post-disaster recommendations to insure that the Comprehensive Energy Management Plan, the Hazard Mitigation Plan and the Post-Disaster Redevelopment Plan are consistent and coordinated. (c) The Disaster Advisory Working Group will meet on a continuing and regularly scheduled basis to discuss its specific roles and responsibilities in accordance with this ordinance, and relevant issues associated with recovery from a major or catastrophic disaster. The Council's duties and responsibilities include, but are not limited to: (1) overseeing the recovery and reconstruction process; (2) advising the Board of County Commissioners and the governing bodies of constituent municipalities on relevant recovery and reconstruction issues; (3) identifying opportunities to mitigate future loss of life and property damage through the management of recovery and -24- reconstruction; (4) maintaining a post-disaster redevelopment plan for the County; (5) developing procedures to carry out the County's build-back policy, as defined by the County Plan and the Post-Disaster Redevelopment Plan; (6) maintaining established policies for redeveloping high hazard land areas that have sustained repeated damage from flooding or hurricanes; (7) defining principles and establishing criteria for prioritizing acquisition of property damaged as the result of a major or catastrophic disaster; (8) establishing special committees and subcommittees within the Disaster Advisory Working Group to deal with speCific issues arising during the disaster recovery process; (9) implementing a management system that allows for rebuilding and reconstruction to be conducted in an orderly and timely manner through control of the issuance of building permits, development orders and site plans considering the location, timing, and sequence of reconstruction and repair; (10) developing procedures that promote the mitigation of future disaster damage through activities carried out during recovery and reconstruction; and (11) setting priorities to guide community redevelopment following a major or catastrophic disaster, including, but not limited to: (a) priorities in re-establishing and, if necessary, repositioning essential community services (electrical power, communications, water, and waste water service), after emergency restoration of such services has occurred in accordance with the ComprehenSive Emergency Management Plan; (b) predetermined strategies for clearing, removing and disposing of disaster-caused debris; and (12) establishing an education program to advise the public of the County's Post Disaster Redevelopment Plan. (13) developing and recommending procedures to document actual uses, densities and intensities of private properties, and the compliance of such properties with regulations in effect at the time of construction, and those in effect immediately prior to any damage, -25- through such means as photographs, diagrams, affidavits, permits, appraisals, tax records, etc. (14) if considered necessary, recommending changes in approved land uses in land areas with sustained, repeated damage from flooding or hurricanes in accordance with the criteria set forth in this ordinance. (15) making recommendations for participation in federal and state post-disaster hazard mitigation planning. (16) evaluating damaged public facilities and formulating alternative mitigation options (i.e., repair, replace, modify or relocate). (17) making recommendations for revision of the County's redevelopment plan in conjunction with federal, state, and local emergency officials. (18) recommending any changes in the Comprehensive Plan, Comprehensive Energy Management Plan and Post-Disaster Ordinances, development standards, zoning regulations, setback, density, open space, buffering and elevation requirements, building codes, or any other ordinances necessary or advisable to prevent a recurrence of damage. (19) developing procedures to address the rehabilitation (Jf historic resources in a manner that preserves their historic integrity. (20) developing ways and means to implement the County's mitigation strategy as detailed in this ordinance section and the County's mitigation strategy plan. (d) Chair of the Disaster Advisory Working Group: The County Administrator (or designee) will serve as the Chair of the Disaster Advisory Committee. All County personnel may be utilized as necessary to serve as staff for the Disaster Advisory Working Group. (e) Quorum: For all meetings of the Disaster Advisory Working Group those members present at a duly noticed meeting will constitute a Quorum. During and after a disaster, such notice need only be reasonable under the circumstances. 5. Disaster Recoverv Task Force. (a) A Recovery Task Force is established that will be comprised of representatives from the following: Management Services Division Community Services Public Safety -26- Public Works Growth Management Tourism/Economic Development Monroe County Health Department Disaster Advisory Working Group members will be ex-officio members of the Recovery Task Force as their respective expertise is necessary, in the determination of the Council Chair. The Recovery Task Force will be appointed by the Chair of the Disaster Advisory Working Group and ratified by the Board of County Commissioners. In case of emergency, ratification may be after-the-fact. (b) Activation of the Recovery Task Force: For post-disaster responsibilities, the Recovery Task Force will be activated and mobilized by a disaster declaration made either by the Board of County Commissioners or the Office of the Governor of the State of Florida and will report directly to the Board of County Commissioners. (c) Duration of the Recovery Task Force: In the event of a disaster declaration, the Recovery Task Force will activate and mobilize. The temporary emergency powers delegated by this Ordinance to the Recovery Task Force in lieu of other officers or boards shall exist for an initial period of _ days. Unless the Board of County Commissioners extends its tenure, the Recovery Task Force's post-disaster function will de-activate after that period.. The Board of County Commissioners may at any time, by resolution, extend or repeal the activation and temporary powers of the Post-Disaster Recovery Task Force. (d) The Post-Disaster Recovery Task Force will be responsible for advising the Disaster Advisory Working Group and the Board of County Commissioners on post-disaster recovery, reconstruction, and mitigation issues. Additionally, the Recovery Task Force will manage the overall disaster recovery effort and damage assessment teams. The Recovery Task Force's management responsibilities include: (1) Receiving and reviewing damage reports and other analyses of post-disaster circumstances and to compare these circumstances with mitigation opportunities identified prior to the disaster in order to identify areas for post-disaster change and innovation. The Recovery Task Force may review one or more means of implementing such changes, and recommend the internal and external resources for achieving these ends. (2) Determining the applicability of redevelopment policies to specific damaged properties. (3) Directing the recovery effort. (4) During the existence of its temporary powers under this Ordinance, providing emergency waivers from normal permitting and building procedures, based on established criteria and standards. -27- (5) Initiating recommendations for the enactment, repeal or extension of emergency ordinances and resolutions. (6) Reviewing the nature of damages, identifying and evaluating alternate program objectives for repairs and reconstruction, and formulating recommendations to gUide community recovery, and assist local municipalities with their programs. (7) Formulating special committees and sub-committees as conditions may warrant. (8) Recommending and implementing an economic recovery program focusing on rapid recovery of the tourism industry. (9) Recommending rezoning in areas of damage, when deemed appropriate. (10) Establishing a calendar of milestones and benchmarks for recovery tasks. (11) Recommending the repealing or extending of any building or permitting moratorium. (12) Recommending land areas and land use types that will receive priority in recovery operations. (13) As conditions may warrant, appointing a Historic Rehabilitation Coordinator responsible for: evaluating the extent and type of historic rehabilitation activities needed based upon assessments of damage; assisting the Building Director and staff in related historic resource rehabilitation activities; providing information on historic resource rehabilitation and redevelopment in historic districts to interested parties to coordinate and maximize such efforts. (14) Fulfilling other duties assigned by the Disaster Advisory Working Group or the Board of County Commissioners. (e) Planning recommendations: After the management of disaster recovery has become stable, the Recovery task force shall: (1) Recommend changes to procedures to document actual uses, densities and intensities, and compliance with regulations in effect at the time of construction, through such means as photographs, diagrams, plans, affidavits, permits, appraisals, tax records, etc. (2) Evaluate hazards and the effectiveness of mitigation policies and recommend appropriate amendments, if considered advisable. (3) If considered necessary, recommend changes in approved land uses in land areas which sustained repeated damage from -28- flooding or hurricanes in accordance with the criteria set forth in this ordinance. (4) Initiate recommendations for acquisition of damaged property . (5) Make recommendations for participation in federal and state post disaster hazard mitigation planning. (6) Recommend hazard mitigation projects or programs for consideration of post-disaster state or federal funding. (7) Evaluate damaged publiC facilities and formulate alternative mitigation options (i.e., repair, replace, modify or relocate). (8) Make recommendations for revision of the County's redevelopment plan in conjunction with federal, state, and local emergency officials. (9) Review the effectiveness of past or present emergency actions, and recommend amendments to the County's: 1) Post-Disaster Ordinance; 2) Post-Disaster Strategic Plan, 3) Comprehensive Emergency Management Plan; 4) Emergency Operations Center"s Standard Operating Procedures; and 5) relevant Administrative Codes. (10) Recommend any changes in the Comprehensive Plan, Land Development Code, or any other ordinances which it deems necessary or advisable to prevent recurring damage or mitigate hazards. (e) The Post-Disaster Recovery Task Force may also recommend that the Disaster Advisory Working Group or the Board of County Commissioners consider objectives such as the following where the opportunity presents itself during post- disaster recovery and reconstruction: (1) enhancing local recreational and open space. (2) enhancing public access to estuaries and beaches. (3) enhancing and restoring local natural ecosystems. (4) reducing traffic congestion, noise, and other transportation-related problems. (5) enhancing long-term economic vitality of the local commercial and industrial base. (6) enhancing and rehabilitating historic resources. (f) Function and Duties of Certain Recovery Task Force Members (1) Disaster Recovery Coordinator. -29- (a) Purpose: To coordinate disaster assistance available from the federal government and state agencies to the County following a major or catastrophic disaster. (b) Duties: Will consist of, but not be limited to, the following: (i) Determine the types of assistance available to the County and the types of assistance most needed. (ii) Assist in the local coordination of federal and state disaster recovery efforts. (iii) Provide local assistance to facilitate federal and state disaster assistance programs. (iv) Act as facilitator in securing federal or state disaster assistance. (v) Inform the community of types of disaster assistance available. (vi) Fulfill other duties as directed by the Disaster Advisory Working Group or the Board of County Commissioners. . (2) Economic Recovery Coordinator. (a) Purpose: To coordinate economic recovery with the business community following a major or catastrophic disaster. (b) Duties: Will consist of, but not be limited to, the following: i. Determine the potential or actual impacts to the local economy and determine short and long term strategies to be considered by the Post-Disaster Recovery Task Force. (ij) Assist in the local coordination of federal and state economic recovery efforts. (iii) Disseminate accurate information to and from the business community. (iv) Inform the business community of types of disaster assistance available. (v) Fulfill other duties as directed by the Disaster Advisory Working Group or the Board of County Commissioners. (3) Hazard Mitigation Coordinator. -30- (a) Purpose: To coordinate hazard mitigation assistance available from the federal government and state agencies and Monroe County to the County following a major or catastrophic disaster. (b) Duties: Will consist of, but not be limited to, the following: (i) Determine the types of hazard mitigation assistance or funding available to the County and the types of assistance most needed. (ii) Assist in the local coordination of federal and state hazard mitigation efforts. (iii) Provide local assistance to facilitate federal and state hazard mitigation assistance programs. (iv) Act as facilitator in securing federal or state hazard mitigation funding for hazard mitigation projects to local entities. (v) Fulfill other duties as directed by the Disaster Advisory Working Group or the Board of County Commissioners. (4) Tourism Recovery Coordinator. (a) Purpose To coordinate tourism recovery with the visitor and convention community following a major or catastrophic disaster. (b) Duties. Will consist of, but not be limited to, the following: (i) Determine the potential and actual impacts to the local tourism industry and its economy and determine short and long term strategies for expedient recovery . (ii) ACQUire and disseminate accurate information from and to the tourism industry and to and from the local, state, national and international media. (iii) Inform the tourism industry of types of disaster assistance available. (iv) Fulfill all other duties as directed by the Disaster Advisory Working Group or the Board of County Commissioners. (g) Quorum. For all meetings of the Recovery Task Force those members present will constitute a Quorum. -31- 6. DamaGe Assessment Teams. (a) One or more Damage Assessment Teams shall be appointed by the Recovery Task Force. Each team will be determined by the characteristics of the damaged area. (b) Damage Assessment Teams will consist of two types: (1) Preliminary Teams with functions and relationships specified in Section 4 of the CEMP. (2) Recovery/Redevelopment Teams with functions and duties specified in PDRP. The Recovery/Redevelopment Team shall report directly to the Recovery Task Force. (c) In determining the composition of a Recovery/Redevelopment Damage Assessment Team, the Recovery Task Force shall consider the following: (1) Operational condition such as the severity of damage. (2) Type of damage. (3) Availability of personnel. (4) If the State or FEMA is involved, a team member should be assigned to assist the State or Federal representatives. (d) In addition to the functions and duties specified above, the Recovery/Redevelopment Damage Assessment Teams shall: (1) Define locally impacted areas. (2) Assess level of damage. (3) Describe current uses, location, and other relevant information necessary for redevelopment policies to be applied appropriately for specific damaged properties. (4) Provide relevant information to the public. (e) The following profesSionals may comprise the membership of the Recovery Redevelopment Damage Assessment Team: (1) County Engineers. (2) Utility Company personnel (3) Police and Fire officials (4) Property Appraiser -32- (5) Building Inspectors (6) County Health officials (7) Code Enforcement personnel (8) Public Works personnel (f) Work Process and Procedures for Recovery/Redevelopment Damage Assessment Teams: (1) Public information and requests: (a) While in the field, Recovery/Redevelopment Damage Assessment Team members will provide information to property owners or businesses about permissible actions and procedures they should follow. (b) Media requests will be referred to the Recovery Task Force. (2) Review of current damage assessment criteria shall be the responsibility of Recovery/Redevelopment Damage Assessment Team members. (g) The County Administrator or the respective department heads shall negotiate and recommend to the Board of County Commissioners sufficient mutual aid agreements and/or prearranged contracts to ensure that an adequate number of trained personnel will be available should the scope of the disaster be beyond the capabilities of County staff and/or County staff themselves are rendered unable to serve. (h) Recovery/Redevelopment Damage Assessment Team operations shall be coordinated with damage assessment of municipalities and other jurisdictions and authorities, through the Recovery Task Force. 7. EmerGencv Review Board. (a) An Emergency Review Board is established for the duration of the emergency powers of the Recovery Task Force during major or catastrophic disasters, to review disputes arising from the implementation of the County's moratorium and build-back policies, including permit disputes and disputes over structure replacement cost and valuations. The Emergency Review Board shall temporarily exercise all authority of the County in resolving such matters. (b) The Emergency Review Board will consist of three representatives from the Recovery Task Force appointed by the Chair of the Disaster Advisory Working Group. The Emergency Review Board shall consist of representatives from public works or growth management, health department and the Property Appraiser's office. -33- (c) The Emergency Review Board may refer and make recommendations to the appropriate county department for any requests for modifications that are beyond the emergency powers authorized in this ordinance. (d) Decisions rendered by the Emergency Review Board may be appealed to the Board of County Commissioners through the administrative appeals process. (e) The Emergency Review Board shall hear appeals from decisions of the Building Director or the Recovery Task Force which implement the County's build- back policy within days of the Recovery Task Force's or Building Director's decision. All appeals shall be in writing and shall state: (1) address of the property; (2) nature of the decision which is appealed. (f) The Emergency Review Board shall keep written records of each appeal and the Board's decision. When conditions permit, an audio recording of the proceeding shall be made. 8. BuildinG PermittinG Polities and Procedures for Post-Disaster Recoverv and RedevelODment. (a) In the event that the Mayor of Monroe County, Board of County Commissioners, Governor of the State of Florida or the President of the United States declares a state of emergency or dedares a disaster area covering all or part of Monroe County, the following moratoria will apply for the purpose of prioritizing permitting resources, repair and reconstruction immediately needed for publiC health, safety and welfare purposes. (1) A temporary moratorium of ninety days shall exist for all owner-initiated amendments to the Comprehensive Plan or any zoning classification, within the area covered by any declaration of emergency or disaster, to allow for identification of buildings and locations vulnerable to repetitive storm or flood damage, any opportunities for improvement of community planning and safety, and the protection of important economic and community assets. The moratorium may be extended for like periods by resolution of the Board of County Commissioners. (2) An initial building moratorium will become effective when and within the area where one or more of the following or findings are made by the Building Director and/or the Director of Emergency Management : (a) 75 or more homes and/or businesses within the area have received major damage or have been destroyed. (b) An area of Monroe County is hit by a Category 3 or greater hurricane as defined by the Saffir-Simpson scale. (3) The initial building moratorium will remain in effect for four (4) days to permit initial damage assessment, and may be extended by -34- resolution of the Board of County Commissioners. No building permits may be issued during this time period, but any Task Force member may grant, in writing, an instant permit allowing properties without major structural damage to be temporarily braced or covered to the extent necessary to prevent further damage to finishes and contents. Any applicant receiving such an instant permit shall be fully subject to after-the-fact inspections, including uncovering of work, to assure that all temporary repairs comply with all code requirements or are replaced by compliant construction. After expiration of this initial building moratorium, the following phased moratoria will be effective unless modified by the Board of County Commissioners. (a) Minor damaged structure moratorium. Building permits for the repair of minor damaged structures may be issued, beginning six (6) days following the expiration of the initial building moratorium. (b) Major damaged structure moratorium. Building permits for repairs of a major damaged structure may be issued beginning fourteen (14) days following the expiration of the initial building moratorium. (c) Destroyed structure moratorium. Building permits may be issued for the replacement of any structure which has been destroyed, beginning forty-five (45) days following the expiration of the initial building moratorium. (b) Issuance of Building Permits. When any applicable building permit moratorium has expired, in order to assure the equitable and orderly recovery of Monroe County, the Building Department shall process building permits and conduct inspections in priority order with 1 being the highest priority, according to the following table: Priority Critical Facilities Businesses Residences 1 All -35- 2 With 0-25% damage and greater than 50 employees, outside V-zones 3 With 0-25% damage and less than 50 employees or 25- 50% damage and greater than 50 employees, outside V-zones 4 With 25-50% damage and less than 50 employees or greater than 50% damage and greater than 50 employees outside V-zones; with 0-25% damage inside V-zones 5 With greater than 50% damage and less than 50 employees outside V-zones; with 25- 50% damage inside V-zones -36- Uninhabitable with 0- 25% damage otherwise habitable, outside V-zones Habitable with 0- 25% damage outside V-zones Habitable or uninhabitable with 25-50% damage outside V-zones; with 0-25% damage inside V-zones Habitable or uninhabitable with greater than 50% damage outside V- zones; with 25-50% damage inside V- zones 6 With greater than With greater than 50% damage inside 50% damage inside V-zones V-zones 7 Non-critical public Inside V-zones and Inside V-zones and facilities on repetitive loss on repetitive loss property list; New property list; development vacation homes ; New development Note: Damage percentages refer to the taxable value of each individual structure and do not include land values. (c) lime frames for issuance of building permits and building inspections: (1) After the initial moratorium is lifted, previously permitted work that did not receive damage from the storm may proceed and inspections may be called for pursuant to all applicable building code provisions, and subject to the resource prioritization of the Building Department required in this section. (2) Six (6) days after the moratorium is lifted, structures with minor damage may begin the permit process subject to all applicable building code provisions. (3) Fourteen (14) days after the moratorium is lifted, structures with major damage may begin the permit process subject to all applicable building code provisions. (4) Forty-five (45) days after the moratorium is lifted, structures dedared destroyed will be required to remove all debris from the property. At this time, owners of such structures or their contractors may apply for permitting. (5) All permits applied for and issued will be charged the normal permit fees as established by the Board in resolution form prior to the declaration of emergency. Cd) This ordinance incorporates by reference the build-back provisions and policies in the Monroe County Comprehensive Plan and applicable land development regulations and building code provisions. In particular: -37- (1) Applications for replacement structures must meet the requirements of the most recent pre-storm building codes for replacement structures, or any subsequent amendments, and other applicable agency requirements including but not limited to FEMA and any Health Department requirements for onsite sewage treatment facilities. (2) Where post-disaster mitigation or other publiC reconstruction projects are shown in approved County plans, each application for repair or reconstruction shall be based on and compatible with the completion of such projects. The restoration of public services and infrastructure shall otherwise be accomplished according the priorities established in the Comprehensive Emergency Response Plan, which this Plan does not supersede during the emergency response period. (3) Applications shall indude a survey of the property and description and location of all improvements damaged, destroyed or removed as a result of or subsequent to the disaster or emergency. These replacement structures must meet all applicable requirements as related to planning, zoning and density. 9. MitiGation Measures ThrOUGh Acauisltion of DamaGed PrODertv. (a) When it is in the public interest, and irrespective of whether or not a property owner may build back as provided for in this ordinance, the County may acquire real property where improvements have been damaged or destroyed, for public purposes as outlined in this section. The Board of County Commissioners may enter into negotiations with a property owner or owners whose improved real property has been damaged by the disaster for the purpose of acquiring such buildings and associated land or lot for transfer by sale, lease or donation to the County, or the acquisition or transfer of development rights to such property, when the following aCQuisition conditions are met: (1) the property is located in an area damaged by the disaster, and (2) the property is free of encumbrances (i.e., taxes, liens and judgments) unless the extent of the encumbrances is determined to be acceptable given the property's location and value, and (3) the property meets at least one of the following conditions: (a) there are buildings or structures damaged substantially beyond repair or damaged to the extent that the cost of reconstruction or repair is fifty percent (50%) of the replacement cost of the building or structure at the time of the disaster. (b) there are buildings or structures determined to be repetitive loss properties. -38- (c) there are buildings or structures damaged by a single event that are not repairable because of build-back policy provisions or significantly increased building costs. (d) the property is abandoned by the owner and may create a blighted area as defined by Section 163.340 (8), Florida Statutes. (b) Property acquired pursuant to subsection (a) may be dedicated for such purposes as the Board of County Commissioners may agree are consistent with: (1) open space uses, such as parks for outdoor recreational activities, nature preserves or trails, beach access, unimproved parking lots, and structures functionally related to these uses such as open-sided picnic facilities, refreshment stands, or other non-habitable structures primarily supporting the recreational activities. (2) managing the land for its dedicated purposes. (3) any other publiC purpose, provided the use is not subject to repetitive storm or flood damage. 10. Economic RedeveloDment Policies. (a) The following general policies and priorities will guide the use of resources employed toward rebuilding the community's economic base: (1) Reestablish the tourist industry; (2) Reestablish banking and financial institutions; (3) Reopen the business community; and (4) Restore agriculture and industry. (b) Damaged businesses and other economic enterprises necessary for the public health and safety and for restoring the community's economic base may use temporary structures (such as modular buildings, mobile homes or similar type structures) to carry out their activities until their damaged structure is rebuilt or replaced according to applicable development and redevelopment regulations. The County may limit or terminate the use of such structures after a reasonable time has transpired for reconstruction, and there shall be no vested rights arising out of use of such temporary structures. 11. Authority. Nothing in this ordinance limits the authority of the Board of County Commissioners to declare, repeal or extend a state of local emergency. 12. Penalties. (a) Any person, firm, company or corporation who fails to comply with this ordinance, or the emergency measures made effective pursuant to this ordinance, is guilty of a misdemeanor of the second degree, and upon conviction for such offense, -39- may be punished by a fine not to exceed five-hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the Monroe County Jail, or both, in the discretion of the Court hearing the case. Each day of continued non-compliance or violation will constitute a separate offense. (b) In addition to and not in lieu of any civil or criminal penalty otherwise existing, any construction licensee of the County or the State of Florida who violates any provision of this ordinance or the emergency measures which are effective as a result of this ordinance may be charged with a violation and the matter will be heard before the appropriate Board, in a state administrative proceeding or a court of law. (c) Nothing contained in this Section prevents the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any failure to comply with, or violation of, this ordinance or the emergency measures which may be made effective according to this ordinance. Other lawful action will indude, but is not limited to, an equitable action for injunctive relief or an action at law for damages. 13. ReDeal of Inconsistent Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 14. SavinG Clause. In case anyone or more provisions contained in this ordinance, but less than all, shall, for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this ordinance shall be constructed as if such invalid, illegal or unenforceable provision had not been contained herein. 15. Effective Date. This ordinance shall take effect immediately upon its adoption. -40- Appendix 2: Committees of the Disaster Advisory Working Group The following Committees of the Disaster Advisory Working Group are recommended. Membership on each Committee should be determined collaboratively among the DAWG members. 1. Committee on Plannina Coordination and ConsistenCY. The Committee shall review and ensure any changes/updates to the Comprehensive Emergency Management Plan, the Hazard Mitigation Plan, and the Post-Disaster Redevelopment Plan and ensure that the plans are coordinated and consistent. (See Objective ii, Policy 2 d. i.). The Committee shall develop, review and update the Post-Disaster Recovery/Redevelopment Plan for the County, including recommending changes to the Monroe County Comprehensive Plan, Comprehensive Emergency Management Plan, and any Post-disaster ordinances. (See d iii.). The Committee shall recommend any changes to the Comprehensive Plan, development standards, zoning regulations, setback, density, open space, buffering and elevation requirements, building codes, and any other ordinances necessary or advisable to prevent recurrence of damage. (See d. xi.) 2. Committee on Miti9ation Strate9Y. The Committee shall develOp ways and means to implement the County's mitigation strategy and the County's mitigation plan. This shall be done in conjunction with the local mitigation strategy committee. (See Objective ii, Policy 2 d. ii.). 3. Committee on Recovery and Reconstruction Issues. The Committee shall advise the Board of County Commissioners on relevant recovery and reconstruction issues. It shall also update build back procedures and monitor their application in redevelopment. (See Objective ii, Policy 2 d. iv. and d. v.). 4. Committee on Hiah Hazard Area PoliCY. The Committee shall identify high hazard land areas through current or future studies. Where necessary, the Committee shall recommend changes in approved land uses in high hazard areas. The Committee shall define principles and establish criteria for prioritizing acquiSition of property damaged as a result of a major or catastrophic disaster. (See Objective ii, Policy 2 d. vi. and d. vii.). 5. Committee on Public Education. The Committee shall establish an education program to advise the public of the County's Post-Disaster Redevelopment Plan. (See Objective ii, Policy 2 d. ix.). 6. Committee on Land Use Documentation. The Committee shall develOp and recommend procedures to document actual uses, densities and intensities, and compliance with regulations in effect at the time of construction, through such means as photographs, diagrams, plans, affidavits, permits, appraisals, and tax records. (See Objective ii, Policy 2 d. x.). -41- 7. Committee on Historic Preservation. The Committee shall develop procedures to address the rehabilitation of historic resources in a manner that preserves their historic integrity. (See Objective ii, Policy 2 d. xiL). -42- Appendix 3 - Model matrix for comparing the Comprehensive Emergency Management Plan, the Disaster Response Plan and the Post- Disaster Redevelopment Plan One of the responsibilities of the DAWG is to ensure that the Comprehensive Emergency Management Plan, the Disaster Response Plan and the Post-Disaster Redevelopment Plan are coordinated. To do this a matrix should be developed which compares the common elements of each of these three plans. Development of such a matrix will provide a simple and Quick method to ensure consistency of the elements. I Plan Element I ERP I CEMP IPD~ -43- Appendix 4: Historic Property Guidelines Post disaster response and protection strategies for the preservation of historic buildings should be implemented immediately following a disaster. Following are some considerations: 1. A knowledgeable team consisting of a preservationist, structural engineer and preservation architect familiar with older construction methods should be involved and aware of the locations of any historic structures in the county. This team should work closely with the county's point of contact for historic preservation. 2. Permission should be obtained to assess the damage to the historic structure from the disaster Recovery Task Force and the assessment team should be allowed to report directly to the owner the recornmendations for restoration or stabilization and provide cost estimates. 3. Informational brochures should be available for local disaster personnel describing policies, laws and ordinances applicable to historical buildings. Recommended information should be as least the following: o The Secretary of the Interior's Standards and Guidelines for the Rehabilitation of Historic Buildings. o National Historic Preservation Act, Section 106 process. o Program Agreements (if available) between FEMA, Department of Emergency Management, and the National Advisory Working Group for Historic Preservation. o Joint FEMA/Department of Emergency Management Section 406 (Stafford Act) Hazard Mitigation Policy Statement. o State Historical Building Code and the State Historical Building Safety Board's jurisdiction and appeal process. o The Local Disaster Response Ordinance with emphasis on historic buildings. 4. All decisions regarding demolition, partial demolition or repair methods resulting in a significant loss of historic fabric to the historical resource should receive a Qualified second opinion. S. Promote the shoring and stabilization of "imminent hazards". FEMA provides reimbursement of engineering fees and material costs for temporary measures. Attempt to salvage all historic fabric and store in the resource, including loose or fallen pieces. 6. Promote the transfer or sale to an interested party if an owner does not want to restore his/her historic building. 7. A separate and distinct damage assessment placard for historic resources should be provided. Recommendations should include permanent protection from inclement weather. With publicly owned historic buildings, the process to initiate repair may take a year or more 8. During the discussion of the retrofit methodology, the engineer should note that the objective of the program is to reduce hazard to life. Damage during a major hurricane event should be expected at definite locations within most historic and older structures. 9. Establish a detailed response repair ordinance for the historic buildings within the region, including permanent strengthening methods to mitigate "imminent threats" to life safety and damage to adjacent properties. -44- 10. Provide guidance for the sensitive mitigation of hazardous materials during the disaster assessment. The removal of asbestos-containing materials, lead- based paints, pigeon dung, bat guano and other health hazards have resulted in the removal of the historic fabric during the "clean-up" phase. -45- Appendix 5: Criteria for public acquisition of high hazard areas The following criteria will be applied to determine the priority for public acquisition: . Public health and safety risk . Environmental risk . Economic impact . Repetitive storm damage requiring expenditure of public funds . Flood insurance ramifications . Cost of acquisition . Feasibility of land use change options as an alternative A sample rating scale is provided below: Public acquisition of this property would 1. Public health and safety risk 1 Have no Impact on Risk 2 3 Some reduction in risk 4 5 Significantly reduce risk 2. Environmental risk 1 Have no Impact on Risk 2 3 Some reduction in risk 4 5 Significantly reduce risk 3. Economic impact 1 2 Would eliminate A significant Economic asset 3 Neutral 4 5 Would create a significant economic asset 4. Repetitive storm damage requiring expenditure of public funds 1 2 Not applicable 3 Moderate Probability Of repetitive Damage 4 5 High probability of repetitive damage -46- 5. Flood insurance ramifications 1 2 3 4 5 No impact Increase in Probable loss Premiums of coverage 6. Cost of acquisition 1 2 3 4 5 Would exist Expensive Very low Financial resources cost 7. Feasibility of land use change options as an alternative 1 No option 2 3 Possible 4 5 Highly feasible -47- Appendix 6 - Public Education Program, model elements In order to inform residents of what they should and may do in the post-disaster situation the following activities and materials should be enacted: 1. Development of a brochure explaining what activities may be done without a permit and which require permits. This brochure should include a simple process map so that residents understand the process 2. Development of a Q&A brochure which presents and answers common Questions that residents are likely to have 3. Development of TV and radio spots which communicate emergency actions residents should take to secure their property and where they should go for assistance. -48- Appendix 7 - Example Damage Report Form -49- Department: Project No. Fadlity ISite . . Damaged Item I Area: FEMA OA: Debris Removal DE: Buildings/Equipment Category: DB: Emerg. Protective Measures OF: Public Utility Systems DC: Road Systems OG: Parks/Recreational./Other OD: Water Control Facilities Status at OUnder Construction o Used for Other Than Design Use Time of OPermits Required o Environmentally Sensitive Disaster OOut of Use/Abandoned o Hazardous Materials Present DIn Spedal Flood Hazard Area o Damage Less Than $1,000 ODamaged in Previous Disaster o Historic Facility BrIef Description - of Damages: - Cost Range: O$lK- $47K O$100K-$500K O$750K-$lM O$2M-$5M >50%? Y O$47K-$100KO$500K-$750K O$lM-$2M O>$5M N* Betterment DYes Comments: s ONo Made or OPossibly Needed? Mitigation DYes Comments: Opportunity ONo ? OPossibly Current ONot Started Comments: Status of DIn Progress Repair? OCompleted Insurance DYes OUnsure Comments: Apply? ONo OWrite Your Own FEMA DYes Comments: Inspected? ONo OPW Written -50- Completed Name: Date: By: Reviewed Name: Date: By: */s the cost to repair the facility greater than 50% of the cost to replace it? -51- Appendix 8: Beach Recovery Procedures EMERGENCY BEACH RECOVERY Given an emergency declaration by executive order of the Governor, (FS 152), or by the Secretary of the Department of Environmental Protection, (FS120), the County can request and will receive the necessary emergency permits to commence emergency restoration activities. Following is a listing of permiss.ble activities: (1) Removal of storm generated debris, including sunken vessels, and vegetation and structural remains that have washed into waters, wetlands, or uplands by the storm, provided all removed debris are deposited landward of the CCCL. (2) Prior to removing the debris and to the greatest extent possible, beach compatible sand should be separated from the debris and kept on site. To prevent debris from becoming buried, all storm debris shall be removed prior to conducting any fill activities. (3) The repair of the following facilities: utilities, roads and beach access ramps. (4) Return of sand to the beach and dune system which has been deposited upland by the storm, and restoration of a damaged dune system using beach compatible sand from an upland source. The fill material shall not cover any storm or construction debris. All fill material shall be sand which is similar to the pre-storm beach sand in both coloration and grain size and be free of debris, rocks, clay or other foreign matter. No sand may be obtained from the beach or below mean high water seaward of the CCCL without specific authorization from the Department. (5) Beach scraping is not a permissible activity. (6) Temporary or remedial activities which are necessary to secure structures in order to remove safety hazards and prevent further damage or collapse of foundations. Permanent repair of foundations of major structures, rebuilding of major structures, or the repair or construction of coastal or shore protection structures can not be authorized. (7) Repair or replacement of components and cladding (exterior glass windows and panels, roof sheathing, and other structure components such as studs and roof trusses) of major structures. The repair or replacement shall not constitute a substantial improvement. To protect nesting marine turtles and their hatchlings, glass windows and glass doors that are visible from any point on the beach should be replaced by tinted glass with a transmittance value of 45% or less. -52- (8) Repair or replacement of minor ancillary structures and service utilities associated with the existing habitable structure and necessary for occupancy of the habitable structure such as access stairways, stair landings, and on-site utilities. Repaired or replaced components shall not exceed the size of the original ancillary structure damaged or destroyed by the storm. Repairs or replacements of retaining walls, decks, and gazebos are specifically excluded. (9) Repair, not including replacement, of surviving beach/dune walkovers provided the repair allows for adjustments to be made to the seaward terminus of the walkover if necessary to accommodate changes in the shoreline topography and native salt-resistant vegetation patterns resulting from the post-storm recovery of the beach and dune system. Additionally: 1. Processing fees will be waived, 2. Information normally required for non-emergency beach restoration activities will be deferred if gathering the information will compound the activity, 3. Public notice procedures will be waived, 4. Emergency permits will be designated for 30 days but can be extended in 30 day increments for three additional periods. -53- Appendix 9: Emergency Waivers from Regulations & Permits (Public or Private) The provision of emergency waivers from regulations and permits should be based upon the following criteria: Criteria: . Repairs necessary to prevent injury, loss of life, or further damage . Degree and type of damage . Conformance with existing land use and zoning designations and land development regulations (non-conforming use?) . Presence in a high hazard area Example Waiver Matrix: To assist staff in decisions, a waiver matrix should be developed. An example matrix is provided below. Types of Damage Type Permit Types & Regulations to be Facilities waived Single Family If less than 50% Submission of site plan Residence damaae Roof damage No Building permit reauired -54- Appendix 10 - Local Mitigation Strategy Summary MmGATION MEASURES Structural Mitigation Measures Auxiliary Power Source. During an emergency, an auxiliary power source is mandatory for many facilities such as hospitals and desirable for all inhabited structures. Standby generators and battery systems are the most common sources of auxiliary power during a power outage. Better Building Design, Engineering, Materials. Although minimal standards for various types of construction are mandated, builders can make structures less vulnerable to certain natural and manmade hazards through the use of better design, engineering and construction materials. For example, the use of two-by- eight boards rather than the traditional two-by-six boards adds additional sturdiness to residential structures. Better Facility Design, Engineering, Materials, Locations. As with individual buildings, infrastructure and other public structures can be made less vulnerable to failure through the use of better design, engineering, construction materials and careful siting of such facilities. Breakwaters. A breakwater is defined as a wall extending into a body of water for the purpose of protecting a natural or artificial harbor from the waves. Breakwaters are typically built of huge stones (rubble-mound) or of pre-cast concrete blocks (block work) and can function to lessen the impact of shoreline flooding. Building Orientation. Since most storms travel in a predictable direction, the location of an exterior exit downwind from the prevailing storm path maximizes the occupants' ability to exit a structure after such an occurrence. Bulkheads. A bulkhead is defined as a retaining wall constructed along a body of water behind which fill is placed. A bulkhead consisting of closely set timber piles is Widely used where there is a firm foundation material into which the piles may be driven. Cellular steel bulkheads are used where rock is found near the surface of the water. Bulkheads are one of several man-made structures used to mitigate the effects of shoreline flooding. Detention Ponds. A detention point is defined as a surface depression designed to provide for the temporary storage of storm water runoff. By retarding the amount of runoff reaching a body of water immediately following a heavy rain, the possibility of riverine flooding is greatly diminished. If flooding does occur, such detention reduces the degree of flooding by releasing the storm water at a slower rate. Dikes. A dike is defined as a mound of earth located some distance from a river, the intent of which is to contain floodwater. Dikes are one of several man-made structures often erected to provide flood protection along interior waterways. -55- Drainage Systems. A drainage system is the general term used to describe the natural features and/or man-made improvements used to carry surface water runoff from its source of accumulation to its point of discharge. Drainage systems are intended to prevent or alleviate flooding and may consist of catch basins, detention areas, detention points, retention basins, storm sewers, swales, ditches, or any combination thereof. Elevation. Elevation is defined as the vertical distance above or below a fixed reference level. For the purpose of flood protection, the fixed reference level is typically the 100-year flood base flood elevation (BFE). To avoid or minimize flood damage, the lowest floor of structures should be built at or above the base flood elevation (BFE) in flood-prone areas. Flood Proofing. Flood proofing is the term commonly used to describe those specific provisions taken to reduce or eliminate flood damage to properties, structures, water and sanitary facilities and other utilities. Flood proofing also includes those measures intended to protect the contents of buildings. Flood proofing measures can be included as part of the initial design and construction phase or used to retrofit existing structures and facilities. Groins. A groin is defined as a wall extending from the shoreline that functions to reduce the scouring affect of water. Primarily classified by permeability, height and length, groins are usually made of stone, concrete, timber or steel and can help mitigate shoreline flooding. Interconnected Network Design. Since services provided by one central facility are at greater risk than those provided by several smaller facilities, an interconnected utilities network design minimizes the negative impact of site-specific occurrences. Levees. A levee is defined as an embankment built along an interior waterway to prevent the flooding of low-lying land. Permanent levees are usually earthen and may or may not have an impervious core. Manufactured Home Tie-Downs. Acceptable anchoring systems for mobile homes will, when properly installed, resist movement caused by high winds and increase structural integrity. Reduced Use of Glass. Although windows provide an alternate means of escape from a fire, the use of fire-resistive building materials in lieu of glass openings can retard the spread of flames. The reduced use of glass can also help mitigate the potential for bodily injury from flying glass or debris during high wind occurrences. Retention Basins. A retention basin is defined as a pool, pond or basin used for the permanent storage of storm water runoff. A retention basin is similar to a detention pond in that it sores storm water runoff. However, water is permanently retained in retention basins versus being temporarily stored in a detention pond. Since such facilities retard the rate of runoff, retention basins mitigate the potential of reverine flooding. Revetments. To mitigate the affects of shoreline flooding, revetments can be used to protect soil or rock surfaces. A revetment, which is defined as a rock or soil covering intended to prevent scouring by water, may be a wall but differs from the usual wall in that its function is to protect the earth not to withstand its thrust. Common -56- revetments include asphalt sheets, beaching, pre-case or cast-in-place concrete slabs, grass, mattresses, maritime plants, and rip-rap. Roof Bracing. Although building codes dictate the minimal bracing required for construction of a roof, additional boards or studs set at an angle to the primary roof supports will strengthen a roof and increase its ability to withstand higher wind velocities. Seawalls. A seawall is defined as a wall or embankment used to prevent beach erosion. The main distinction between seawalls, bulkheads and revetments is a manner of purpose. Seawalls are generally the most massive of the three and are intended to resist the full force of the waves. As such, seawalls can provide the greatest protection against shoreline flooding. Strengthened Electrical/Phone Infrastructure. Although underground electric and telephone installation precludes damage from hurricane force winds, the strengthening of such aboveground infrastructure through use of metal rather than wooden supports can help reduce the potential for disruption. Underground Utility Lines. While such utility services as sanitary sewer lines, storm sewers, water mains and natural gas lines must be installed beneath the surface of the ground, electric and telephone lines have been traditionally located above-ground. Although more costly, the underground installation of such infrastructure can greatly mitigate the disruption of service during natural occurrences involving high winds. Use of Structural Connectors and Storm Shutters. A structure is defined as the parts of a building that, in the proper combination, withstand the weight, wind, rain, snow and other forces to which a building is subjected. The use of structural connectors strengthen a structure against the stresses created during excessive wind occurrences, while the use of storm shutters minimizes the potential on injury from flying glass or debris. Vegetation. Grass and other vegetative covers absorb storm water and thereby reduce the rate of storm water runoff. Vegetation also stabilizes the soil and helps prevent erosion. Therefore, vegetation can be used to reduce the potential for reverine flooding and the amount of erosion caused by shoreline flooding Non-structural Mitigation Measures Acquisition. If structural measures cannot preclude damage caused by flooding, communities may need to purchase flood-prone lands to minimize the negative impacts of future flooding. Public acquisition can occur through the outright purchase of such properties or through the less expenSive purchase of easements or development rights. It may be possible to include the purchase of flood-prone areas as part of an acquisition program intended to provide recreational and environmental open space. Adequate Maintenance. It is important that those responsible for regulating hazardous materials facilities establish procedures for the regular maintenance, inspection and testing of equipment to ensure that it is serving the purpose for which it was designed at all times. -57- Adequate Roads/Vehicular Access. Emergency response equipment must be able to reach an affected area in an expedient manner. To minimize risk to citizens and property, roadways should be of a sufficient width and surface condition to allow safe and expedient transit of emergency vehicles. Further, communities should provide for more than one means of vehicular access for emergency vehicles. Available All-Terrain Vehides. All-terrain vehicles may be necessary for emergency evacuation, emergency transit and delivery of needed supplies. Leadership should be aware of all available county all-terrain vehicles, four-wheel-drive vehicles, utility vehicles and other such vehicles and other such vehicles capable of traversing during emergencies. Better Building Design, Engineering, Materials. Builders are able to make buildings less vulnerable to damage from high winds through the use of better design, engineering, and construction materials. Building codes can be used to regulate the increased sturdiness of structures by increasing the minimum standards for construction. Building Codes. Building codes set minimal safety standards for construction materials, design and procedures. Codes can by used to protect new construction in hazard areas by specifying design standards for resisting the stresses of natural and technological hazards, as well as to set standards for retrofitting existing buildings to make them less vulnerable. Capital Improvements Planning. A Capital Improvements Program (CI) is a proposed schedule of future capital improvements listed in order of priority during a specified period of time. Cost estimates and the anticipated means of financing each project are also including in the CIP. Once structural measures to mitigate either riverine or shoreline flooding have been identified, these improvements should be incorporated into the capital improvements planning process. Comprehensive Planning. Comprehensive or land use planning specifies the location of future growth and development, as well as the adopted goals, objectives, and policies of a community. Such plans should also delineate hazard areas, such as floodplains, and provide policies and standards to control development in these areas to reduce vulnerability. Deed Restrictions. A deed restriction or restrictive covenant places restrictions on the use of land and usually is binding upon subsequent owners of the property. As a means of mitigating the damage caused by flooding, a property owner may use a deed restriction to prohibit the use of flood-prone areas for other than recreational or open space purposes. Design Standards/Construction Standards. If structures and infrastructure are properly designed and constructed in accordance with industry standards, they should be strong enough to withstand all the forces to which they may be subjected and a potential failure may have been avoided. Emergency Alerting Systems. Although the Emergency Alerting System (EAS) is governed by the Federal Communications Commission, local authorities are responsible for transmitting emergency information to the EAS. Additionally, the information should be translated for non-English speakers and made available to those with visual and hearing disabilities. -58- Emergency Operations Plans (EOP). Although there is no standard format for preparation of a local EOP, FEMA recommends that the EOP consist of the following three components: (1) the basic plan; (2) functional annexes in support of the basic plan; and (3) hazard-specific appendixes in support of each functional annex. Emergency Plans for Critical Fadlities. Critical facilities include such public facilities as fire stations, utility plants and municipal buildings, as well as private institutions such as nursing homes, hospitals, schools and jails. Since disasters directly involving critical facilities enlarge the scope of its impact, it is important to develop an emergency plan for each critical facility and with consideration to the speCific challenges each presents. Emergency Water, Sewer and Power. An infrastructure disaster can cripple a community that has not made arrangements for emergency water, sanitary sewer and/or electrical power to the area or areas affected by such failure. Hazard Analyses. An analysis of each hazard that poses a significant threat to Monroe County should be prepared and include the following: (1) information on the location and extent of risk and vulnerability the hazard presents; (2) identification of the different groups involved and their roles; (3) the potential extent of losses caused by the hazard; and (4) the benefits to be realized from mitigation. Utlgation. The legal issues associated with disaster response are shaped by both state and federal law. The legal issues involved under state law include negligence, which occurs when the careless action or inaction of employees or volunteers caused injuries or property damage, and state statutory requirements. Under federal law, legal issues include both federal statutory issues and constitutional rights involved in claims resulting from land use regulation, emergency powers of law enforcement officers, limitations placed on citizens during a disaster or business inspections. Mutual Aid Agreements. Mutual aid agreements are either mandated by legislation or negotiated as legal contracts. Mutual aid agreements may be for reciprocal assistance or may be non-reciprocal service contracts under which the service is provided only under disaster conditions. The most common mutual aid agreements for reciprocal assistance are among jurisdictions for police, fire, public works and emergency medical care services. Public Education/Emergency Public Information Materials. To be able to educate the public, county leadership must communicate with the public. Although the most common means of communicating with citizens is through emergency public information materials like circulars and handouts, the county should take advantage of other methods of communication such as newspaper articles, radio talk shows, radio interviews and individual presentations to schools, clubs and other community groups. Television can be an effective education tool through such means as talk shows, spot announcements, interviews, specials, training tapes and government access cable channels. Public/Private Partnerships. The role of the private sector in disaster mitigation and emergency preparedness is important, particularly in Monroe County where the risk of disaster is well documented. -59- Relocation. Since relocation of vulnerable structures removes the threat of loss, it is now an allowable expense under the National Flood Insurance Program (NAP) and can be assisted locally through technical assistance programs. Safety Codes. In addition to the Building Officials & Code Administrators (BOCA) National Building Code, other safety codes are available for consideration and possible adoption. Staffing and Training of Response Personnel. A local response training program should take advantage of programs and courses available through FEMA or the state, each of which has a training officer responsible for coordinating the delivery of federally-funded emergency management programs. Subdivision Regulations. Subdivision regulations govern both the conversion of undeveloped land to building sites and the provision of improvements such as streets and utilities. Relative to hazard mitigation, local subdivision regulations can also require the flood proofing of infrastructure, the dedication of hazard areas for open space, the clustering of buildings on least hazardous sites and the disclosure of risks to prospective property owners. Tax Incentives. Tax policy can provide incentives to undertake mitigation actions. For example, the county can establish "preferential" or "use value" taxes for properties located in the flood-prone areas if the property owner agrees to maintain a low-density use of the land. In this way, property is taxed on the basis of its actual income production rather than its market value. Transfer of Development Rights. A Transfer of Development Rights (TOR) program is intended to use properties located within a high hazard area for recreational or open space purposes by compensating the property owners for the loss of their right to develop it in more intense land uses. A typical TOR program establishes both a preservation district and a development district. Landowners in the preservation or "sending" district may sell their development rights to landowners in the development or "receiving" district who may then use these rights to build at higher densities than allowed under current zoning standards. Watershed Management. A watershed is defined as the total area drained by a given stream or river. The plan for management of a watershed should include a complete watershed analysis. Such an analysis proVides statistical, schematic and graphic information that can be used to calculate potential runoff, to simulate flooding conditions, to analyze proposed site plans and to storm drain layout. ZOning Ordinances. Zoning ordinances regulate the use of land and structures; standards for setbacks, yards, building height, lot size and density; and establish the method for dealing with nonconforming uses and structures. Zoning can be used to limit development in hazard-prone areas to establish performance standards that reduce vulnerability and to create incentives for development that incorporate hazard mitigation. -60- Appendix 11 - Model Debris Management Plan MONROE COUNTY DEBRIS MANAGEMENT PLAN July 2002 -61- MISSION To facilitate and coordinate the removal, collection, and disposal of debris following a minor/major disaster to mitigate any potential threat to the health, safety, and welfare of the impacted citizens, expedite recovery efforts in the impacted area, and address any threat of significant damage to publiC or private property. Oun.INE OF VARIOUS TASKS OF DEBRIS MANAGEMENT CYCLE A. Normal ODerations - Definition; Routine actions necessary to develop or update a debris management plan. 1. Development of sample contracts. 2. Development of right-of-entry and hold harmless agreements. 3. Development of specific sites for debris collection, reduction and disposal. 4. Development of specifications for site work. B. Increased Readiness - Definition; Actions necessary if a potential disaster is threatening the local area. 1. Review and update the plan. 2. Altering local departments regarding responsibilities. 3. Relocating personnel and resources. C. ResDonse - Definition; Activation of staff and implementation of debris removal plans. 1. Activation of plan. 2. Coordinating and tracking of resources. 3. Establishing debris removal priorities. D. Recoverv - Definition; Implementation of debris collection, monitoring of removal activities, and update of plan. 1. Collection, Storage, Reduction, and Disposal of debris. 2. Close-out of various sites. 3. Environmental Considerations -62- DEBRIS MANAGEMENT STAFF RESPONSIBILITIES A. General Responsibilities: 1. Review and update of plan. 2. Development of standard operating procedures. 3. Development of standardized contracts. 4. Development of standard forms regarding debris removal, storage, reduction, and disposal processes. 5. Alert local departments with debris removal responsibilities. 6. Ensure that personnel, facilities, and equipment are functional for intended use in emergency . 7. Relocation of personnel and equipment to areas where they can be effectively mobilized for use. 8. Identification of potential debris disposal sites. 9. Review listing of private contractors who may assist in debris removal process. 10. Develop pre-scripted announcements to the news media for release regarding debris removal process, collection schedules, and location of various sites. B. Specific Responsibilities: 1. Coordination of all debris removal and disposal activities. 2. Cooperation with all Local, State, and Federal agencies responsible for disaster response and recovery operations. 3. Develop requests for additional assistance from FEMA (Federal Emergency Management Area) 4. Assessment of debris characteristics, such as Quantity and type, general locations, types and number of various fadlities damaged or destroyed, miles of roads and type affected by disaster. DEBRIS MANAGEMENT STAFF COMPOSITION AND FUNCTIONS The staff should be comprised of personnel from Solid Waste, Roads, and Engineering to coordinate or contract for or perform the following: FUNCTIONS: 1. Administration - Supplies, equipment, funding, and accounting. 2. Communication /Uaison - Provide the Emergency Operations Center (EOC) with a coordinator to act as a liaison for information between the organizations. EOC will keep the coordinators informed of all events, requests for traffic control, and any emergency response, or priority debris removal requests. 3. Contracting and Procurement - Bidding requirements, forms, advertisement for bids, instruction to bidders, and contract development. 4. Legal - Contract review, right-of-entry permits, community liability, land acquisition of sites for collection and disposals, and insurance. 5. Operations - Supervision of government and contract resources and overall project management. 6. Engineering - Identification of project tasks, assignment of tasks, preparation of estimates, plans, and specifications; and recommendation of award. -63- 7. Damage Assessment - Duties, assessment, responsibilities and detailed reporting of all damages in the area. 1) Perform debris management in public, not private areas or as authorized in writing by FEMA. Operate and maintain by public bid contract the transfer station, any burn/grinding sites, debris removal in Monroe County road rights-of-way, public road rights of way, convenience centers, pump stations, water towers, and all county property and easements. Solid Waste personnel will do the damage assessments, reports, and project worksheet submittals to FEMA for all functions under its jurisdiction for reimbursement. 2) Supervisors will maintain and record daily a log of all activities, locations, time, date, employees and hours worked, weather, contractors, equipment, and activity in progress from the start of the debris management emergency until completion. During the initial beginning of the debris management emergency employees will not be granted any extended leave unless there is a family emergency. 8. Public Information - Coordinate press releases, media interviews, transfer station and any storage site visits, contacts with local organizations, individuals and media, and public notices for debris removal and disposal contracts. MONROE COUNTY PUBUC WORKS AUTHORITY RESPONSIBlunES AND ACTION A. Monroe County Roads 1. Prior to disaster - - Prior to foreseeable disaster, implement the debris management plan. - Vehicles and equipment will be inspected and made ready. Vehicles and heavy equipment will be dispersed throughout the area as appropriate. - Antidpated supplies and equipment needs should be addressed by purchasing or renting needed items. 2. After the disaster- - Assist with clearing major arterial roads with priority given to roads as defined in sub- appendix A. - Assign volunteer participants responsibility for certain roadways. - Coordinate with FDOT. B. Monroe County Solid Waste 1. Prior to disaster - - Prior to foreseeable disaster, implement the debris management plan. - Vehicles and equipment will be ready and dispersed throughout the area as appropriate. - Anticipated supply and equipment needs should be addressed by purchasing or renting those items covered in the Hurricane Preparedness Plan. Examples; boots, raingear, sand, sandbags, stock piles of dirt and rock, gas and fuel. - Have contracts prepared to initiate task orders to clear all roadways. Have a plan for clearing arterial roads. 2. After the disaster - -64- - Initiate task orders to Contractors that have been awarded debris contracts. - Responsible for normal garbage pickup and debris disposal actions. - Monitor debris removal and disposal contracts to ensure that public funds are properly accounted for and that contractors perform according to contract requirements in the unincorporated areas of Monroe County.. - Provide oversight for the ultimate disposal of all debris from the disaster. DISPOSAL SITE SELECTIONS AND OPERADON Debris Management staff may identify temporary sites within Monroe County for debris storage, and reduction. These sites will be contracted for and operated by private contractor. At any sites contracted by the county, the contractor will be required to provide for disposal of multiple types of debris which are included as sub-appendix "B" to this report. The contractor will also be required to provide for collection of the other materials in sub-appendix "B" at each respective site. Upon completion of the disaster recovery phase, the contractor will be required to close out the site in accordance with Local, State, and Federal regulations. At the grinding sites contracted by the county, the contractor will be required prior to operation and at the conclusion of the contract and/or site to provide the county, certified by an independent source (Professional Engineering Firm), the following: Baseline data documenting condition of the land before it is used as a grinding site includes, but is not limited to, video tape (dated/timed); photographs (ground or aerial); periodically updated video and photographs; location and conditions of existing structures, fences, culverts, etc; random air soil and groundwater samples prior during and at close of site; and operational plan for each site including equipment to be used, personnel and supervisor, traffic control signs, waste disposal, observation tower at entrance, procedure to handle household hazardous waste, hazardous waste/hazardOUs material, and fuel storage, safety and fire protection plan, and site plan. See sub-appendix "C". The items that are classified under Ineligible Debris in sub-appendix "B" will be collected under separate contract and disposed of at an approved site designated by the Monroe County Solid Waste Director. Upon completion of the recovery phase, the separate site contractors will also be required to dispose of all excess materials from their individual sites. No debris will be buried on the property of any grinding site. -65- Sub-Appendix A DEBRIS REMOVAL PRIORITIES A. The following policies will govern emergency debris clearance, removal and disposal priorities: 1. Emergency access to aid search and rescue operations. 2. Major arterial roadways linking Monroe County to inter-county traffic. 3. Major arterial roadways providing access to designated response/recovery centers, publiC/private utility companies providing water service, and entry roads to any County designated solid waste temporary debris storage/reduction sites. 4. Major arterial roadways providing access to roadways carrying inter-county traffic. 5. Roadways providing access to designated staging areas and distribution centers supporting disaster relief efforts. 6. Roadways providing access to major commercial activity centers. 7. Minor arterial roadways coming under County maintenance responsibility. 8. Collector roadways under County maintenance responsibility, and other roadways under county maintenance responsibility. B. Once road clearing operations supporting search and rescue operations, clearing inter-county roadways, and providing access to designated response/recovery centers are completed, debris clearance will be guided by the following priority sequence: 1. Area medical facilities with emergency rooms, areas designated for field medical sites, areas designated for staging and distributing disaster relief aid. 2. Facilities designated as centers for emergency response operations, fire district and law enforcement stations. 3. Areas with minor damage. 4. Areas with major damage. 5. Areas with catastrophic damage. -66- Sub-appendix B DEBRIS CLASSIFICATIONS * Definition of classifications of debris are as follows: GRINDABLE MATERIALS: Grindable materials will be of two types with separate grinding locations: · Grindable Debris: Grindable debris includes, but is not limited to, damaged and disturbed trees; bushes and shrubs; broken, partially broken and severed tree limbs; and bushes. Grindable debris consists predominately of trees and vegetation. Grindable debris does not include garbage or construction and demolition material debris. · Grindable Construction Debris: Grindable construction and demolition debris consists of non creosote structural timber, wood products, and other materials designated by the coordinating agency representative. NON-BURNABLE/GRINDABLE DEBRIS: Non-burnable construction and demolition debris includes, but is not limited to, creosote timber, plastic, glass, rubber and metal products, sheet rock, roofing shingles, carpet, tires, and other materials as may be designated by the coordinating agency. SlUMPS: Stumps will be considered tree remnants exceeding 24 inches in diameter; but no taller than 18 inches above grade, to include the stump ball. Any Questionable stumps shall be referred to the designated coordinating agency representative for determination of its disposition with respect to grinding or disposal. INELIGIBLE DEBRIS: Ineligible debris to remain in place includes, but is not limited to, garbage, chemicals, petroleum products, paint products, asbestos, power transformers, cars, trucks, trailers, boats, and known hazardous waste. These items shall be referred to the designated coordinating agency representative for determination of its dispositions. Any material that is found to be classified as hazardous or toxic waste (HTW) shall be reported immediately to the Director of Solid Waste and the responSible Environmental Coordinator. At the coordinating agency representative's direction, this material shall be segregated from the remaining debris in such a way as to allow the remaining debris to be loaded and transported. Standing broken utility poles, damaged and downed utility poles and appurtenances, transformers and other electrical material will be reported to the coordinating agency representative. Emergency workers shall exercise due caution with existing overhead and underground utilities and above ground appurtenances, and advise the appropriate authorities of any situation that poses a health or safety risk to workers on site or to the general population. * Debris classifications developed and used by the Corps of Engineers in Hurricane Andrew ** Animal Carcass Must be disposed of immediately. -67- Sub-appendix C OPERATING TEMPORARY DEBRIS STORAGE GRINDING SITES 1 - Recoverv The following actions normally occur during the Recovery Phase of the Debris Management Cycle: A. Continue to collect, store, reduce, and dispose of debris generated from the event in a cost effective and environmentally responsible manner. B. Continue to document costs. C. Develop and implement site close-out. D. Monitor environmental issues. 2 - TemDOrarv Debris StoraGel GrindinG Site PreDaration A. The topography and soil/substrate conditions should be evaluated to determine best site layout. B. When planning site preparation, think of ways to make restoration easier. 3 - Site Ooerators A. Temporary storage/grinding areas for the following should have impervious liners to prevent contamination to soils and groundwater: * ASH * HOUSEHOLD HAZARDOUS WASTE * FUELS * GENERATORS * MOBILE UGHTING PLANTS * HAZARDOUS WASTE/HAZARDOUS MATERIAL B. Monitor equipment storage, refueling, and repair sites to prevent and mitigate spills of petroleum products and hydraulic fluids. C. Contracts should include clauses that require immediate cleanup by the contractor. D. Be aware of and mitigate procedures that may irritate occupants of neighboring areas. E. Establish a buffer zone to abate: * SMOKE * DUST * NOISE * TRAFFIC -68- F. Consider on-site traffic patterns and segregate materials based on planned volume reduction methods. G. Substrate compaction and over excavation of soils when loading debris will adversely affect landscape restoration. H. Debris removal/disposal should be viewed as a multi-staged operation with continuous volume reduction. I. There should be no significant accumulation of debris at storage sites. J. Debris should be constantly flowing to grinders, or recycled with the residue and mixed construction and demolition materials going to a landfill. 4 - Baseline Data Collection Baseline data are essential to document the condition of the land before it is used as a debris storage/grinding site. A. Thoroughly video tape and/or photograph (ground or aerial) each site before any activities' begin. B. Periodically update video and photographic documentation to track site evolution. C. Note the location and condition of existing structures, fences, culverts, and irrigation systems. D. Take random soil and groundwater samples prior to volume reduction activities. E. Conduct continuous groundwater sampling after operations commence. F. Sample designated household hazardous wastes, ash, and fuels storage areas prior to site setup. G. Contact County and State environmental agencies to establish: * REGULATORY REQUIREMENTS * CHAIN OF CUSTODY REQUIREMENTS * ACCEPTABLE COLLECTION METHODS * CERTIFIED LABORATORIES * TEST PARAMETERS H. Establish contracts with an environmental consulting firm for monitoring and testing. I 5 - Site Ooeration Lavout A. Periodically map/sketch activity locations so that areas of concern can be pinpointed later or additional sampling. B. Document contractor operations that will have a bearing on site close-out, such as: * PETROLEUM SPILLS AT FUEUNG SITES * HYDRAUUC FLUID SPILLS AT EQUIPMENT BREAKDOWNS * CONTRACTOR INSTALLATION OF WATER WELLS FOR PILE COOUNG OR DUST CONTROL * DISCOVERY OF HOUSEHOLD HAZARDOUS WASTE IN DEBRIS * DETAILS ON HOUSEHOLD HAZARDOUS WASTE STORAGE AND DISPOSAL * DETAILS ON HAZARDOUS WASTE/HAZARDOUS MATERIAL STORAGE AND DISPOSAL -69- C. Plan the landscape restoration as early as possible, preferably incorporating a basic plan in the lease. D. Come to an agreement with the landowner prior to occupancy to establish reasonable expectations of site conditions upon site close-out. E. Final restoration of the landscape must be acceptable to the landowner. 6 - Baseline Data Checklist A. Before site is used: * Take ground or aerial video/photographs. * Note important features, such as structures, fences, culverts, and landscaping. * Take random soil samples. * Take water samples from existing wells. * Check the site for volatile organic compounds. B. Durino site use: * Kept clean of all litter, maintenance activities, at all times. * Establish groundwater monitoring wells. * Take groundwater samples. * Take spot soil samples at household HTW, ash, and fuel storage areas. * Update videos/photographs. * Update maps/sketches of site layout. * Update QA reports, fuel spills, etc. * All fuel, petroleum, etc. must be in protective burms lined and kept away from operation storm water run off area's and safe. C. After site is used: * All ground material removed and site cleaned. * All equipment removed. * Pits restored to original condition. * Site graded and hydro seeded with proper seed/fertilizer (for the season) to establish a crop of grass within 30 days. 7 - Household Hazardous Waste" Hazardous Material/Hazardous Waste A. Household hazardous waste/Hazardous Material/Hazardous Waste mav consist of: COMMON HOUSEHOLD CHEMICALS PROPANE TANKS OXYGEN B01TLES BAlTERIES INDUSTRIAL, COMMERCIAL, MEDICAL AND AGRICULTURAL CHEMICALS/WASTE -70- These items will be mixed into the debris stream and will require close attention throughout the debris removal and disposal process. B. Establish seoarate storaQe areas for: HOUSEHOLD HAZARDOUS WASTE AND HAZARDOUS MATERIALS/HAZARDOUS WASTE CONTAMINATED SOILS CONTAMINATED DEBRIS MEDICAL WASTE C. Hazardous storage areas should be lined with an impermeable material and bermed to prevent contamination of the groundwater and surrounding area. D. Promptly remove hazardous materials from temporary storage areas by Qualified Hazardous waste contractors in accordance with local, State, and Federal regulations. 8 - Environmental Monitorina and Testina A. Debris will normally enter a temporary storage site faster than it can be reduced and ultimately disposed of. B. Organic matter in debris piles will begin to decompose and may create toxic or volatile Vapors. C. Grinding operations may also produce pollutants that impact the air Quality of the area. D. Air Quality must be monitored to ensure that local, State, and Federal environmental regulations are complied with. E. Air Quality monitoring should be instituted at all debris storage and reduction sites to check for volatile organic vapors of a petrochemical origin and airborne pollutants caused by grinding operations. F. Take actions to keep pollutants at or below acceptable local, State, and Federal Environmental Protection Agency environmental standards. G. Testing procedures should include readings for: OZONE CARBON MONOXIDE NITROGEN DIOXIDE SULFUR DIOXIDE LEAD PARTICULATE MATTER LESS THAN TEN MICRONS H. Flame and photo-ionization detectors should be used to detect volatile organic vapors. I. Burn site readings should be taken at the edge of the burn pit and approximately 150 feet away. J. Scattered locations should be established and checked periodically. K. Wind direction, temperature, and any other pertinent meteorological information should be recorded. L. Improper construction and operation impacts air Quality. M. While burning if not allowed, if there are ash piles for any reason these should be tested using the Toxicity Characteristic Leaching Procedure: -71- * One composite sample from each separate ash pile should be analyzed. * A minimum of ten samples taken from different strata within the pile is appropriate to develop the composite sample. * Ash may be placed in a Class I landfill if contamination is not found. * If unacceptable levels of contamination are detected, the material should be further evaluated and placed in a hazardous material landfill. N. Soils should be tested for the presence of volatile hydrocarbon contamination. Samples should be taken immediately below the surface: * Testing should be done by the contractor if it is determined they dumped hazardous materials, such as oil or diesel fuel spills on the site. * This phase of the testing should be done after the stockpiles are removed from the site. * Inspect the entire burn site for any areas of discoloration, odor, or obvious problems. Such areas should be identified and restored. O. Groundwater should be tested on selected sites to determine the probable effects of rainfall leaching through either the ash areas or the stockpile areas. * Runoff from the grinding sites and other stockpiled debris within storage areas has the potential to contaminate the aquifer. * Wells should be placed around the perimeter of the grinding sites and at places of possible contamination within sites to determine if there is any type of contamination. * Testing should occur at selected sites after all debris is removed and results should be compared to generally accepted water Quality standards. P. Grinding sites will post signage of flying debris from grinding operation. 9 - Site Close-Out Procedures A. Resolve variations between local, State, and Federal Government Environmental Regulations and their interpretations prior to site closure. B. Failure to collect baseline data can result in claims for damage to nonexistent structures or the land itself. C. Video recordings and/or photographs should be taken prior to opening a site. D. Background soil/water samples should also be taken before site activities begin to compare with close-out soil and water samples. E. Groundwater testing is not necessary at non-burn sites unless household hazardous waste is also present at the site and remained for an extended period of time prior to final disposal. F. Ensure that the contractors are required to remove all residual debris from temporary sites to approved landfills prior to closure. G. Reference appropriate and applicable environmental regulations. H. Prioritize site dosures. I. Schedule close-out activities. J. Develop cost estimates. K. Develop decision criteria for certifying satisfactory closure based on limited baseline Information. -72- L. Develop administrative procedures and contractual arrangements for closure phase. M. Inform local and State environmental agencies regarding acceptability of program and established requirements. N. Designate approving authority to review and evaluate contractor closure activities and progress. O. Retain staff during the closure phase to develop site specific remediation actions. ,.... 10 - TemDorarv Site Closure Checklist The following is a recommended temporary site closure checklist. Narrative responses may be required along with other closure documents. · SITE NUMBER AND LOCATION · DATE CLOSURE COMPLETE . HOUSEHOLD HAZARDOUS AND TOXIC WASTE (HTW) REMOVED . CONTRACTOR EQUIPMENT AND TEMPORARY STRUCTURES . CONTRACTOR PETROLEUM AND HOUSEHOLD HTW SPILLS · ASH PILES REMOVED IF ANY ARE FOUND . COMPARE BASEUNE INFORMATION OF THE TEMPORARY SITE TO CONDmONS AFTER THE CONTRACTOR VACATES THE SITE r -73-