Agenda - 02-23-2009 - C1 - Laserfiche WebLink

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• 6 Mr. Jacobs November 7,2008 - Page 2 floodplain management program is reflected in your adoption of higher regulatory standards and in your interest in joining the Community Rating System. Orange County has participated in the Emergency Phase of the NFIP since July 15, 1975, thus • making flood insurance available to property owners through the NFIP since this date. On March 16, 1981, the Federal Emergency Management Agency-(FEMA) converted the County into the Regular Phase of the-NFIP bringing full NFIP benefits to the citizens of the County. Our records indicate that there are currently 62 flood insurance policies in force within the Unincorporated Areas of Orange County for coverage in the amount of over$18 million dollars. Since the County entered the Regular Phase of the NFIP in 1981,there have been claims totaling $98,917. . The purpose of this letter is to identify any findings of deficiencies in or violations of Orange County's floodplain management program• and to recommend corrective actions and time requirements needed to remedy them. • • Based on the field survey of flood hazard areas, an examination of.development permits and interviews, the NCEM Team found your staff to be knowledgeable of the NFIP regulations and interested in proper enforcement of the County's Flood Damage Prevention Ordinance. The survey and visit revealed that there has been no development in the floodplain for several years. This seems reasonable given the County's designation of conservation areas and stream buffer regulations and given the amount of floodplain is small compared to the undeveloped land areas of Orange County. The County's Flood Damage Prevention Ordinance adopted in 2007 has been reviewed. A number of problems have been identified with the County's ordinance. Specifically, a number of definitions and cross references require correction. In addition, the County includes an "Automatic Adoption"provision in its ordinance. Ordinances containing the automatic adoption provisions were determined by the State Office of the Attorney General in September 2005 to not be compliant. While the County may leave in the automatic adoption language, this section must specifically reference the recently effective map panel (3710989000) dated May 16, 2008. The language in Section 42-38 should also be revised to remove references to the Flood Hazard Boundary Map and Flood Boundary Floodway Map. Both of these are obsolete map products • have no current relevancy in your community. A copy of our completed ordinance check list which highlights the areas where deficiencies in your current ordinances were found is attached for your review. Please make the necessary corrections at your earliest convenience,but no later than November 30, 2008. Upon completion of adoption of the needed changes, please send a certified copy to this office to the attention of Mr. Randy Mundt. • We would like to take this opportunity to remind you that Federal Code requires that compliance records must be maintained (available.upon request) on all development in your Special Flood Hazard Areas in perpetuity in order to ascertain whether or not the development complies with applicable floodplain management regulations. A structure or other development without the proper flood records such as permits, certified elevation data, or other certifications, as required in 44 CFR sections 60.3 (a)(1), (b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or(e)(5) is presumed to be in violation until such documentation is provided.-