Comprehensive Emergency Management Plan

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1 Comprehensive Emergency Management Plan Section 3

2 Section 3- Recovery (Blank Intentionally) 2 CEMP

3 Section 3 - Recovery I. INTRODUCTION The short-term recovery plan describes how Horry County will approach short-term recovery which involves assessing the scope of damages and needs, restoration of basic infrastructure and mobilization of resources and the recovery organization. However, long-term recovery priorities and actions that take place in the short-term phase are included in this plan. Longterm efforts are geared toward rebuilding and reconstruction of the community and economic base. This recovery plan integrates the use of the National Incident Management System (NIMS) and the National Response Framework (NRF) in order to maximize the effectiveness of recovery and mitigation activities. To do this it will take much coordination from the onset of a disaster. Pre-disaster recovery planning enables the County to effectively direct recovery activities and expedite a unified recovery effort. The challenge of short-term recovery is to consider the overall impacts of decisions made in the response phase with a perspective toward the overall recovery of the community from a disaster. II. PURPOSE The purpose of this plan is to guide the recovery process at the local level which includes the organizational structure and responsibilities of the recovery branch, recovery support functions, and state and federal partnerships. III. SCOPE This plan applies to all departments and agencies that have a role in the recovery process. It provides recovery actions to be taken to facilitate the short-term recovery phase of a major or catastrophic disaster. This plan is flexible and scalable depending on the impacts presented by a disaster and is implemented as needed. IV. RECOVERY OVERVIEW There is no clearly defined separation between response and short-term recovery and in many cases it is difficult to determine when response ends and recovery begins because they do not occur in a neat, linear fashion, so it is difficult to separate them conceptually. Although this blurred phasing occurs it is important to begin short-term efforts as early as possible. The emphasis of short-term recovery is on the immediate efforts to restore critical functions, services, facilities, infrastructure, programs, and vital resources and characterizes the short-term recovery phase of a disaster. As opposed to the long-term recovery phase which may last up to years and involves long-term processes associated with rebuilding the physical, social, environmental and economic components of a community. To accomplish this in an effective process, short-term impacts and objectives will be reviewed and included as part of the development of the EOC action plan. Being that this is the best time to embrace the opportunity to implement mitigation efforts those methods will also be integrated into the action plan as well. In 1988, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C , was enacted to support State and local governments and their citizens when disaster CEMP 3

4 Section 3- Recovery overwhelm them. This law, as amended, establishes a process for requesting and obtaining a Presidential disaster declaration, defines the type and scope of assistance available from the Federal government, and sets the conditions of obtaining that assistance. The Federal Emergency management Agency (FEMA) is tasked with coordinating the application of this program. V. SHORT-TERM GOAL, OBJECTIVES AND PRIORITIES A. GOAL 1. Return the affected community to pre-disaster or, preferably, improved conditions while maintaining the quality of life for the citizens of Horry County. B. OBJECTIVES 1. Prevent or limit property loss, 2. Provide safety measures and security, 3. Reestablish essential services, programs, and infrastructure. C. SHORT-TERM RECOVERY PRIORITIES 1. Damage Assessment; 2. Debris Management; 3. Re-entry; 4. Human Services; 5. Continuity of Operations and Continuity of Government (COOP/COG); 6. Utility Restoration; 7. Temporary Housing; 8. Early Economic Recovery; 9. Public Information. VI. SITUTATION AND PLANNING ASSUMPTIONS A. SITUATION 1. Horry County is located along South Carolina s northeastern coastline, and is home to more than 269,000 residents. With over 60 miles of coastline Horry County is a popular tourist destination that draws over 14 million visitors annually. 2. Bounded by the North Carolina/South Carolina state line to the north, the Atlantic Ocean to the east and the Pee Dee River as it cuts along the western and southern portion of the county. 3. Approximately half of the County s population lives within one of the three hurricane evacuation zones identified in the Horry County Hurricane Plan, Appendix 6-1 of the CEMP. Thus, due to the influx of tourist during the height of hurricane season, the amount of people evacuating increases dramatically. 4. The Horry County Threats and Hazards Identification and Risk Assessment (THIRA), identifies the various natural and man-made hazards that Horry 4 CEMP

5 Section 3 - Recovery County is vulnerable to. Although the THIRA is a component of the Mitigation Plan, it constitutes the foundation in which all the county s emergency planning is based. Table 1 below itemized these hazards. Table 1: Horry County Hazards Natural Hazards Man-Made Hazards Hurricane Earthquake Chemical Hazards Flooding Wildfire Biological Hazards Tornadoes Lightning Radiological Hazards Severe Thunderstorms Drought Nuclear Hazards Winter Storms Extreme Heat Explosives Storm Surge Tsunami Cyber Terrorism B. PLANNING ASSUMPTIONS 1. The County has the ultimate responsibility for managing short-term recovery efforts. The Short-Term Recovery Evaluation Team (STREET) is activated concurrently with response operations in the Emergency Operations Center (EOC). 2. The short-term recovery plan is applicable to predominantly major or catastrophic disasters. It is flexible and expanding depending on the situation. Any part of this plan may be used in part or fully as required by the situation. 3. A catastrophic disaster will overwhelm Horry County s ability to provide resources to facilitate effective and efficient recovery. 4. Recovery from a major or catastrophic disaster will require many individuals from the both the private and public sectors, governmental and non-governmental agencies and organizations and local, state and as needed federal government agencies to assist in the restoration of diminished services impacted by a disaster. 5. Critical infrastructure may be damaged, disrupting transportations services, telecommunication and fiber networks, impairing communication among agencies and governmental organizations and citizens who rely on these services. Severe damage may occur to homes, public buildings, and critical facilities. Debris may make streets and highways impassable. Public utilities may be damaged rendering them partially or fully inoperable. Thousands of citizens may be forced from their homes, and large numbers of deaths and injuries could occur. 6. The short-term recovery process may be completed in days, weeks, or months. Short-term recovery will transition to long-term recovery when all disaster related actions to stabilize the community are completed. The timeframe for the completion of the recovery process will vary considerably based on factors including, but not limited to: a. Type and scale of the disaster CEMP 5

6 Section 3- Recovery VII. CONCEPT OF OPERATIONS A. GENERAL b. Availability of resources c. Presence of secondary hazards, and d. Level of pre-disaster recovery activities completed. 1. Recovery will be accomplished through identifying strategies, employing available resources and setting action priorities to meet the community needs during recovery. Re-establishing the stabilizing governmental functions and sharing intelligence information across public, private and non-profit sectors engaging partnerships to help to overcome the physical, emotional and environmental impacts of a disaster. 2. When critical and essential functions are stabilized, essential programs initiated and transparency in sharing of information the county s recovery capabilities increase. 3. During short-term recovery is an opportune time to implement mitigation measures. Building community resilience to future impacts may be increased through hazard mitigation methods. 4. In the Horry County Hazard Mitigation Plan mitigation goals, techniques and actions have been identified. It is imperative that when a disaster strikes Horry County is prepared to implement these mitigation measures as soon as possible. As part of the short-term recovery plan activation these measures will be reviewed and considered as part of the recovery process. 5. Activation a. i. The short-term recovery plan is implemented when there is a full activation of the EOC and all sections and ESFs are staffed and operation 24-hours a day. However, there may be an occasion where this plan would be implemented at the request of the EOC manager although the EOC is not fully activated. ii. When the plan is implemented initially the Short-Term Recovery Evaluation Team (STREET) is activated within the Short-Term Recovery Branch in the Planning Section. b. Short-Term Recovery Evaluation Team (STREET) i. The STREET is composed of representatives from county departments who have a significant responsibility to perform an applicable function in recovery or through programmatic or regulatory responsibilities. ii. The STREET members monitor and evaluate objectives and strategies set forth during the response phase. Decisions made during even the earliest hours of the emergency can affect the viability of later options for reconfiguring the pattern of 6 CEMP

7 Section 3 - Recovery development in a community. Thus, early evaluation lends greater perspective of long-term impacts and future implications. iii. Once the impact of the disaster has been identified the STREET team will then make a recommendation to the EOC manager as to what Recovery Support Functions need to be staffed under the Short-Term Recovery Branch to handle short-term recovery. iv. Once the RSFs are activated the STREET members revert to working in their respective RSFs. c. Recovery Support Functions (RSFs) i. RSFs have been developed to guide the recovery process. Recovery Support Functions (RSFs) are similar to Emergency Support Functions (ESFs) only that their missions are geared toward short-term recovery objectives to assist in the recovery phases of a disaster. ii. It is imperative that Recovery Support Functions are part of the EOC organizational structure by design. So that strategies developed in the response phase incorporate short and long-term recovery efforts. Early involvement in the EOC from the onset of a disaster encourages better coordination and integration of response and recovery actions. iii. The RSFs developed are as follows: 1. Temporary Housing RSF 2. Disaster Permits and Inspections RSF 3. Natural and Cultural Resources RSF 4. Human Services RSF 5. Community Redevelopment RSF 6. Economic Restoration RSF iv. These RSFs will integrate with the federal RSFs as necessary in coordinating and advancing recovery efforts. d. As response objectives shift toward short-term recovery objectives the EOC will continue to coordinate and facilitate the short-term recovery phase. e. Naturally a handful of ESFs will have ongoing responsibilities in the short-term recovery phase of a disaster. This transition cannot be specifically identified as to all ESFs required in short-term recovery until the situation has been evaluated. 6. Damage Assessment a. A local damage assessment is completed following a disaster to provide and identify the extent of damage. Preliminary State and federal damage assessments will be conducted to verify damage, determine the level of impact on the community, identify the types of state and federal CEMP 7

8 Section 3- Recovery assistance needed and if thresholds are met, and to calculate a gross estimate of damage costs. b. The information gathered during damage assessment will be used in a number of ways to set the course for recovery. 7. Debris Management 8. Re-entry a. Debris Management is managed by the Horry County Solid Waste Authority as they are a quazi-governmental agency. The Horry County Solid Waste Authority Storm Debris Management Plan is maintained by the Solid Waste Authority and is coordinated out of ESF-3 in the EOC. b. The first push of debris occurs during the response phase as required for life safety. Coordination with the Solid Waste Authority for the clearing of secondary and tertiary routes as well as staging areas is critical to further safe re-entry of citizens to the impacted areas, to repair critical infrastructure, the delivery of resources and unique capabilities for the restoration of essential services continued through the short-term recovery phase. Debris management emphasizes the reduction of environmental and economic impact through effective coordination of local, state and federal interagency partnerships. a. Re-entry for business owners, citizens and property owners is a priority after a disaster. An assessment of the evacuation zones and impacted area will be completed once conditions become favorable for the initiation of assessment methods. In order to ensure the safety of the residents and business community, necessary preparations for the reentry of the general public will commence once the area has been deemed safe. b. The Horry County Re-Entry Plan, Appendix 6-3 of the CEMP, has been coordinated with the Re-Entry Committee of the Area Recovery Council (ARC) Long-Term Recovery Task Force. Members of this committee include representatives from county emergency management, chamber of commerce, utility company, business community, all local law enforcement agencies and the state highway patrol. c. The provisions of the Re-Entry Plan are countywide and apply to all hazards and is designed to promote and facilitate the timely re-entry of essential response and recovery personnel, government officials, property owners, business owners, media, etc. in order to expedite the recovery of Horry County and its economy; and to provide uniform guidance following a large-scale disaster to law enforcement personnel who are responsible for permitting access into the impacted areas. 9. Human Services a. Following any disaster and after lifesaving activities are complete, the focus shifts to assisting individuals and households in meeting basic needs and returning to self-sufficiency. It is imperative to provide residents with the appropriate resources and support during the time that critical services and infrastructure are not operational. During response 8 CEMP

9 Section 3 - Recovery ESF18 Volunteer and Donations and ESF 6 Mass Care facilitates the delivery of goods and services to meet the basic human needs until those provisions can be obtained by individuals locally. This function will continue to be operational and support the community during short-term recovery. More information can be found in the EOP, Annexes 6 and 18. b. Human services also encompass the coordination and delivery of federal disaster assistance programs. Residents will be able to obtain information about disaster assistance programs and the application process at the Disaster Recovery Center (DRC). The Human Services RSF will coordinate the DRC locations to provide accessible locations for all residents impacted by the disaster. Additional information can be found in the Human Services RSF. 10. Continuity of Operations and Continuity of Government (COOP/COG) a. Continuity of Operations and Continuity of Government (COOP/COG) in emergency situations is critical as COOP/COG ensures continued performance of essential functions and minimizes damage and loss to critical functions of government. It also ensures leadership succession if needed and reduces disruptions in public services. Preparation through COOP and COG plans help to achieve efficiency in recovery. b. Horry County has developed both COOP/COG plans for all departments and divisions in county government. Disasters significant enough to require COOP/COG implementation will result in EOC activation as set forth with the methodology provided in Section 5 the Comprehensive Emergency Management Plan (CEMP). c. Critical Functions i. Disasters may interrupt critical functions which provide for safety and well-being of Horry County residents. The continuity of these critical functions during short-term recovery is essential to maintain safety for citizens. ii. Governments ability to manage public safety and provide the applicable assistance after a disaster is imperative to short-term recovery and assures the citizens of government s stability. iii. Although the majority of safety hazards are often associated with the immediate response to a disaster protection of citizens remains a priority as the transition is made from response into the short-term recovery phase. Protection to citizens is not only related to their physical safety but extents to threats posed by financial exploitation. d. Critical Facilities i. The restoration of critical facilities have been defined and prioritized in the Horry County Mitigation Plan. These critical facilities include: 1. E911 and the Government and Justice Center must remain operational. CEMP 9

10 Section 3- Recovery e. Critical Programs 2. Hospitals, police stations, fire stations, major bridges, major government buildings, emergency shelters and schools must be operational within 24 hours of an event. 3. Airports, electrical utilities, sewage treatment plants, water treatments plants and pumping stations must be operational within 48 hours of an event. i. Depending on the magnitude of the event, short-term recovery can encompass health and welfare issues. Damage assessment data provides insight as to the potential level of need during the short-term recovery phase. ii. Critical programs are those that will perpetuate recovery efforts, such as emergency food stamps, emergency unemployment, and are just a few programs that will assist citizens in short-term recovery. iii. Other departmental agencies and organizations may be involved with managing and representing these critical programs. These program include but are not limited to: f. Vital Resources 11. Utility Restoration 1. DSS Emergency Food Stamp Program 2. FEMA Disaster Unemployment Assistance Program 3. FEMA Disaster Legal Services Program 4. FEMA Crisis Counseling Assistance 5. American Red Cross (ARC) Case Management i. Horry County departments have developed COOP/COG Plans to assist in maintaining vital department records. This preparedness measure allows county departments to provide these much needed services efficiently in short-term recovery early identification of state and federal funding sources will also serve as a vital resource during short-term recovery. ii. In a catastrophic event Disaster Recovery Centers (DRCs) will be opened to assist individuals and businesses with information and assistance. a. Critical Services and Infrastructure i. Transportation resources and systems are essential in recovery. The ability to restore critical services quickly and efficiently may significantly improve the quality of life for citizens in impacted areas throughout the recovery process. 10 CEMP

11 12. Temporary Housing Section 3 - Recovery ii. Critical infrastructure during short-term recovery refers to the restoration of utilities including power, potable water and wastewater treatment infrastructure and communication networks. iii. ESF 3-Public Works & Engineering and ESF-12 Energy, manage the restoration of critical services and infrastructure in the EOC during response and short-term recovery. More information can be found in Annex 3 and 12 in the EOP a. After a disaster residents who have sustained significant impacts to their home will transition from emergency shelters to temporary housing. When large areas receive significant impacts from a disaster the demand for large amounts of temporary housing will increase. This will be one of the most critical and essential components of recovery and may be one of the most challenging relief efforts for numerous reasons. b. The Temporary Housing RSF will coordinate with FEMA who manages the federal temporary housing program. Efforts to address housing needs and locations may have great impacts on long-term efforts. c. Planning for temporary housing must address policy obstacles. Procuring adequate temporary housing sites may involve extensions of infrastructure and overcoming land-use issues. Considerations for environmental impacts and constructing sites in locations not readily available to handle such impacts may create additional problems in the long-term. 13. Early Economic Recovery a. Short-term economic survival for most businesses depend upon their ability to access and recover inventory from heavily damaged areas, and their ability to find capital to finance reconstruction especially in the event they are uninsured or under-insured. b. Business continuity plans can assist business owners in identifying their vulnerabilities and their financial wherewithal so that they may better position themselves in times of disaster. c. It is critical to get services such as grocery stores and childcare services returned to the impacted area. Temporary business locations may be a consideration depending upon the magnitude of the disaster. 14. Public Information a. Dissemination of public information in short-term recovery will be an essential component in sharing information as it relates to Points of Distribution (PODS), Disaster Recovery Centers (DRC) and other disaster related information all of which will be managed through the County Public Information Officer (PIO) and the Joint Information Center (JIC). This information will be coordinated through the JIC in accordance with the Horry County Public Information Plan. CEMP 11

12 Section 3- Recovery B. LONG TERM RECOVERY 1. Priorities a. The initial Long-Term Recovery Priorities for Horry County are: i. Community Redevelopment ii. Economic Restoration iii. Implement goals of established community plans such as the Comprehensive Plan and the Capital Improvement Plan to include other applicable plans. b. Long-Term Recovery is a community driven process and involves coordination across the public, private and non-profit sectors. Long-term recovery planning usually occurs post-disaster and is driven by the current problems and issues a community is experiencing. Horry County Government understands the benefits of a pre-disaster long-term recovery plan and has taken steps to ensure the planning process involves the whole community. c. Horry County seeks to create a long-term recovery plan over the next couple of years. This process will engage many community citizens and businesses to accomplish such a plan. i. Planning for long-term recovery involves the creation of a longterm recovery plan that outlines criteria to include assessments of current development patterns and problems, community goals and strategies that may overcome present problems, priority ranking of intended actions to accomplish the goals, and finally to implement policies to reach the identified community redevelopment goals. d. Identifying these goals, strategies and opportunities prior to a catastrophic disaster will enhance the organization of these actions postdisaster. e. Community redevelopment and economic restoration are central in the long-term recovery a community faces following a catastrophic disaster. f. Policies that support building disaster resistant communities are essential to enhance the quality of life for residents after a disaster. This is three fold in concept to include structures, location of residential and commercial development and attracting diverse industries capable of withstanding the impacts of a disaster. 2. Community Redevelopment a. By taking advantage of post-disaster opportunities in community redevelopment a community may be able to remedy some past land-use planning mistakes in creating a more attractive and resilient community. Essential to community redevelopment is the economic component of recovery. Attracting an effective mix of industrial and commercial uses that will enhance the local economy and make the best use of its labor pool and other resources. 12 CEMP

13 Section 3 - Recovery b. Planning for post-disaster community redevelopment is naturally connected to the comprehensive planning process, zoning and code enforcement. During the reconstruction phase of a disaster, review of the logic of existing land-use regulations and the opportunity to revise them in accordance with the communities stated goals to develop resilient and sustainable practices is a byproduct of the community planning process. 3. Economic Restoration a. Disruption of services and transportation related losses, loss of tourism, and other potential losses in economic activity pose a major economic threat to the economic viability of a community. b. The various impacts on the economic climate during the recovery phases may resemble the ebb and flow model. As with the initial onset of a disaster the impact will result in a rapid decrease in economic activity to later be followed by an accelerated rate of growth from the rebuilding processes and through infusions of outside funding of reconstruction projects. As long-term recovery comes to an end the economic activity stabilizes. 4. Linkages to other county plans a. Linking the post-disaster recovery actions with the Horry County Envision 2025 Comprehensive Plan, the Capital Improvements Plan, and the Horry County Mitigation Plan will present opportunities that might otherwise go unnoticed during a catastrophic disaster. b. A post-disaster reconstruction ordinance will assist in addressing many of the land issues related to disasters. An example ordinance can be found in attachment B of this plan. c. Additional information related to the processes for Community Redevelopment and Economic Restoration can be found in their respective RSFs. 5. Partnerships a. Successful long-term recovery will require the involvement of the whole community and Horry County has taken steps to build a foundation through partnerships. Continued collaboration in the preparedness and response phase with all partners allows for effective plans and lends to greater community resilience. b. A cooperative approach is encouraged between many groups including county and municipal governments, profit and non-profit organizations, non-governmental organizations, faith-based organizations, as well as state and federal agencies to allow for effective long-term recovery planning and greater community resilience. c. Area Recovery Council (ARC) i. The ARC was founded as the Hugo Economic Recovery Committee in 1989 by Myrtle Beach area local business owners to restore the tourism industry through positive advertisement that the area didn t sustain the damage that was reported. CEMP 13

14 Section 3- Recovery 6. Mitigation ii. The ARC meets annually to discuss hurricane specific issues and receives updates from local emergency management representatives on preparedness, response, recovery and mitigation initiatives and activities. iii. In 2008 ARC formed the Long-Term Recovery Task Force to address the lessons learned from the communities that were impacted by Hurricane Katrina. The Task Force developed committees for the functional areas of long-term recovery. Each committee has identified major areas of concern and community partners that have a role within the recovery function. iv. The Long-Term Recovery Task force has members from local businesses, county government, municipal governments, the media, chambers of commerce, utility companies, and transportation authorities. v. The ARC also has representatives in the EOC staffing positions in ESF 24 Business and Industry and the Human Services, Community Redevelopment, and Economic Restoration RSFs. a. Horry County Government has adopted the Horry County All-Hazards Mitigation Plan, Section 4 of the CEMP, which contains goals, objectives, strategies and actions to mitigate the effects of the hazards or emergencies associated with the risks identified in the Hazards Identification and Risk Assessment (HIRA). The plan also identifies mitigation projects and priorities that will be reviewed and implemented as applicable in the recovery phase. b. Implementing hazard mitigation during recovery is important in preventing and reducing property damage; reducing economic losses; minimizes social dislocation and stress; minimizes agricultural losses; maintains critical facilities in functional order; and protects infrastructure from damage. c. As efforts are made to recover from a disaster, hazard mitigation goals and techniques will be continually applied to decisions made throughout recovery to encourage a more resilient community. d. Additionally, policies, operational strategies, and roles and responsibilities for implementing hazard mitigation elements is not only contained in the Mitigation Plan but other applicable Horry County plans will be employed enabling Horry County to seize these opportunities during the rebuilding process and to fulfill previously identified goals. C. DEMOBILIZATION 1. Demobilization of the ESFs and RSFs occurs when the EOC Manager determines that it is more effective to resume operations from normal county government facilities. 14 CEMP

15 Section 3 - Recovery 2. When the demand for response functions lessen some ESFs begin to demobilize however, pre-identified ESFs that may have continuing roles in short-term recovery and may remain active until they are no longer needed. 3. Although, the RFSs may be demobilized and the EOC closes, they will continue to work toward long-term recovery objectives as necessary. VIII. ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES A. RECOVERY ORGANIZATION 1. This plan establishes the recovery organization within the county. The recovery organization is comprised of program stakeholders and all departments, agencies, and organizations that have Emergency Support Function (ESF) and Recovery Support Function (RSF) responsibilities. Each is responsible for developing and maintaining emergency procedures in accordance with this plan. Specific responsibilities are outlined in separate annexes in the plan; however, each department is responsible for determining any implied obligations it may have. 2. ESFs represent groupings of departments, agencies and organizations with a similar function that would support the response activities that the community is likely to need in times of emergency or disaster. During emergencies, the Emergency Management Director will determine which ESFs need to be activated to meet the disaster response requirements. 3. The ESFs used in Horry County reflect the federal and state ESFs; however some local ESFs are utilized. The table of Emergency Support Functions contained in Attachment A reflects the corresponding state and federal ESFs and the local lead agency. 4. Short-term recovery operations are managed through the short-term recovery branch under the Planning Section. Six Recovery Support Functions (RSFs) have been developed to guide and support recovery activities during response and recovery operations. These RSFs will be able to interface with the federal RSFs in the event of a large or catastrophic disaster. 5. During an EOC activation, a recovery group composed of the branch director and two other coordinators from the six RSFs will oversee the recovery needs as the incident develops. They will evaluate impact assessments and identify needs stemming from the impacts of the event during the response phase. Once the magnitude of the disaster is assessed, the recovery group will make recommendations to the EOC manager as to what RSFs may need to be activated to assist in recovery efforts. 6. Although the ESF/RSF concept is utilized, Horry County also applies the principals of NIMS by utilizing the ICS organizational structure and processes within the EOC. This structure is in compliance with the National Response Framework, National Disaster Recovery Framework and NIMS guidelines and principals. CEMP 15

16 Section 3- Recovery B. ROLES AND RESPONSIBILITIES Specific responsibilities for each RSF are included in the RSF Annexes. Specific responsibilities for each ESF are included in the ESF Annexes within the EOP. Position specific functions can be found in department and position SOPs C. EXECUTIVE GROUP 1. The Executive Group will assist in recovery activities by providing the necessary direction and policy decision in support of recovery objectives. 2. The Executive Group is composed of the following: a. County Administrator b. Chairman of County Council c. Members of County Council d. Assistant County Administrators e. County Attorney f. County Public Information Officer (PIO) g. Emergency Management Director h. Municipal Liaisons 3. In recovery, the responsibilities of the executive group include a. Promote and enhance multi-jurisdictional coordination b. Develop policy and strategy c. Disseminate policy guidance and direction through the EOC manager. d. Provide interface to the media and public e. Liaison with state and federal officials as required f. Set the EOC Action Plan objectives D. LOCAL DISASTER RECOVERY MANAGER (LDRM) 1. The role of the Local Disaster Recovery Manager (LDRM) as described in the National Disaster Recovery Framework (NDRF) is to organize, coordinate and advance the recovery at the local level. This manager will be appointed by the executive group as needed. In addition, the individual occupying this position is able to represent and speak on behalf of their respective chief executive. E. EMERGENCY OPERATIONS CENTER (EOC) MANAGER & DEPUTY MANAGER 1. The EOC Manager and Deputy Manager will implement policy directives and have overall management responsibility for recovery actions. 2. The EOC Manager ensures that the appropriate RSFs are identified and activated and that appropriate tasks are identified and prioritized. 16 CEMP

17 Section 3 - Recovery F. OPERATIONS SECTION 1. This Section is responsible for implementing strategies designed to assist those affected by the disaster or emergency, and to repair, replace or restore damaged facilities. Their operations will continue under the current response plan in Section 2 of the CEMP. 2. There may be additional unnamed ESFs that may extend their function into the short-term recovery phase however, the following ESFs under the Service Operations Branch have been pre-identified as having a significant role into short-term recovery. a. ESF1 Transportation b. ESF3 Public works and Engineering G. PLANNING SECTION 1. This Section is composed of two functional branches, the Information Management Branch and the Short-Term Recovery Branch. 2. This Section is responsible for the actions associated with managing information and intelligence during an incident and the coordination of the short-term recovery phase of a disaster. 3. The Short-Term Recovery Evaluation Team (STREET) has been developed to analyze data and recommend strategies in meeting short-term recovery objectives as well as the recommendation as to what RSFs will need to be activated to handle the impacts from the disaster. a. The Short-Term Recovery Evaluation Team (STREET) is activated when there is a full activation of the EOC and all sections and ESFs are staffed and operating 24-hours a day. b. The Short-Term Recovery Branch Director is the lead for the STREET. The team is composed of department representatives who have a significant responsibility to perform an applicable function in recovery or through programmatic or regulatory responsibilities. c. STREET analyzes damage assessment, situational, and intelligence data to determine how that data may be used during short-term recovery to set the tone for long-term recovery. d. The STREET makes a recommendation to the EOC Manager as to what RSFs need to be activated to appropriately facilitate recovery. e. Once the RSFs are activated the STREET members revert to working in their respective RSFs. 4. The Planning Section continues to collect, evaluate, disseminate and provide intelligence information throughout response and recovery operations. 5. The development of the EOC Action Plan will continue to be created under this section. 6. The Planning Section consists of the following ESFs and RSFs CEMP 17

18 Section 3- Recovery a. Information Management Branch i. ESF 5 Information and Planning ii. ESF 23 Damage Assessment iii. Intelligence and Information Sharing Unit b. Short-Term Recovery Branch i. Temporary Housing RSF ii. Disaster Permits and Inspections RSF iii. Natural and Cultural Resources RSF iv. Human Services RSF v. Community Redevelopment RSF vi. Economic Restoration RSF H. THE PLANNING SECTION ORGANIZATIONAL CHART Planning Section Information Management Branch Short-Term Recovery Branch ESF 5 Information & Planning Temporary Housing Natural & Cultural Resources ESF 23 Damage Assessment Human Services Economic Restoration Intelligence & Information Unit Disaster Permits & Inspections Community Redevelopment 18 CEMP

19 Section 3 - Recovery I. LOGISTICS SECTION 1. The Logistics Section may provide facilities, supplies and services that sustain the early recovery phases. 2. There may be additional unnamed ESFs that may extend their function into the short-term recovery phase however, the following ESFs under the Logistics Services and Support Branches have been pre-identified as having a significant role into short-term recovery. a. ESF 18 Donated Goods and Services b. ESF 24 Business and Industry J. FINANCE AND ADMINISTRATION SECTION 1. The Finance and Administration Section is responsible for all financial aspects related to a disaster. The Finance and Administration Section maintains accurate records of personnel and equipment costs incurred by the county. 2. This Section is also responsible in overseeing the county s effort in applying for, receiving and documenting federal disaster assistance. 3. Coordination between all ESFs and RSFs to provide Finance with necessary documentation and supporting permits required in obtaining reimbursement for projects is essential. K. PUBLIC INFORMATION OFFICER 1. The Horry County PIO has developed procedures consistent with the National Incident Management System (NIMS) in reporting information related to recovery situations and programs. This is done to promote transparency, accountability and efficiency. 2. The PIO is responsible for preparing and releasing information about the county s recovery process and programs. Information will be shared with news media, affected citizens, recovery personnel and other agencies and organizations. 3. The PIO serves as the central point for distributing public information and will be a key to informing the public regarding recovery assistance opportunities, cautions that may impact the citizens of Horry County and progress regarding community recovery. L. COUNTY DEPARTMENTS GENERAL RECOVERY RESPONSIBILITIES 1. Many county departments have functions related to recovery. Each department head is responsible for the development and maintenance of their respective SOPs and departmental procedures. Specifically, the following responsibilities are assigned to each department listed in the Annexes of Section 3 (Short-Term Recovery Plan) of the EOP. CEMP 19

20 Section 3- Recovery 2. Pre-disaster recovery a. Assist in the development and maintenance of position specific SOPs and checklist for effective and efficient organization performance for recovery support functions they are specifically associated with. b. Identify and designate essential personnel for specific assignments in providing information to the public at a disaster recovery center including specific department policies, procedures, and that representative needs to be able to act for the department in processing paperwork or permitting actions that may be required as part of their departments responsibilities. 3. Surrounding Municipal responsibilities. a. Municipalities have established liaisons that are present in the Horry County EOC to further promote a united effort in recovery operations. M. STATE DISATSTER RECOVERY COORDINATOR (SDRC) 1. Under the guidance of the NDRF the State Disaster Recovery Coordinator (SDRC) is to organize coordinate and advance the recovery at the state level. It is expected that the individual occupying this position is able to represent and speak on behalf of their respective chief executive. If the disaster is large in nature this person will interface with the Federal Disaster Coordinator (FDRC). A this time the State of South Carolina is updating their Recovery Plan and incorporating these positional guidelines found in the NDRF and will notify Horry County who this representative will be in the event of an incident large enough to require the states participation. N. FEDERAL DISASTER RECOVERY COORDINATOR (FDRC) 1. The Federal Disaster Recovery Coordinators role is responsible for facilitating disaster recovery coordination and collaboration between the federal, state and local governments, as well as, the private sector, voluntary, faith-based and community organizations. An important function of the FDRC is to assist in coordination and delivery of Federal programs that assist with disaster recovery. The FDRC supports the LDRM and the SDRC to facilitate disaster recovery in impacted areas. In a large-scale disaster the FDRC position works as a deputy to the Federal Coordinating Officer (FCO). O. FEDERAL COORDINATING OFFICER (FCO) 1. The Federal Coordination Officer (FCO) coordinates with the state to activate the appropriate federal RSFs when necessary. 20 CEMP

21 Section 3 - Recovery IX. DISASTER ASSISTANCE PROGRAMS A. THE FEDERAL DECLARATION PROCESS 1. The Stafford Act ( 401) requires that: All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. 2. The Governor s request is made through the regional FEMA office. State and Federal officials conduct a preliminary damage assessment (PDA) to estimate the extent of the disaster and its impact on individuals and public facilities. This information is included in the Governor s request to show that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the local governments and that Federal assistance is necessary. 3. Normally, the PDA is completed prior to the Governor s request for assistance however, in an obviously severe or catastrophic event, the Governor s request may be submitted prior to the PDA. In this case the Governor is still the person who makes the request for assistance. Included in the Governor s request is an estimate of the type and amount of assistance needed under the Stafford Act. 4. Based on the Governor s request, the President may declare a Major Disaster Declaration or an Emergency Declaration, thus, activating an array of Federal programs to assist in the response and recovery effort. 5. A declaration does not imply that all programs are activated for every disaster. The determination of which programs are activated is based on the needs found during damage assessments and any subsequent information that may be discovered. 6. There are three basic programs offered through FEMA for disaster assistance in a presidentially declared event. The two programs are Public Assistance (PA), Individual Assistance (IA) and Hazard Mitigation Assistance. B. INDIVIDUAL ASSISTANCE (IA) 1. Federal - Once a presidential declaration is made, funds are available through a series of disaster relief programs to assist in rebuilding communities within the disaster area. These programs are grouped under the title Individual Assistance. The types of assistance available to individuals and families coordinated under FEMA include one or more of the following: a. The Individuals and Households Program (IHP) is a combines FEMA and state programs. When a major disaster occurs, this program provides money and services to people in the declared area whose property has been damaged or destroyed and whose losses are not covered by insurance. Two provisions of this program include: Housing Assistance, which is 100% federally funded and covers rental assistance and home repair and replacement, the other is Other Needs Assistance (ONA) that provides financial assistance to individuals and households who have other disaster-related necessary expenses or serious needs and do not qualify for a low interest loan from SBA. These programs are designed CEMP 21

22 Section 3- Recovery to provide funds for expenses that are not covered by insurance. They are available only to homeowners and renters who are US citizens, noncitizen nationals, or qualified aliens affected by the disaster. b. The following is a list of the types of assistance available through this program and what each provides. i. Temporary Housing Homeowners and renters receive funds to rent a different place to live or a temporary housing unit when rental properties are not available. ii. Repair Homeowners receive grants to repair damage from the disaster that is not covered by insurance. The goal is to make the damaged home safe and sanitary. iii. Replacement under rare conditions, homeowners receive limited funds to replace their disaster damaged home. iv. Permanent Housing Construction homeowners and renters receive direct assistance or a grant for the construction of a new home. This type of assistance occurs only in very unusual situations, in insular areas or remote locations specified by FEMA where no other type of housing is possible. v. Other Needs Assistance (ONA) applicants receive grants for necessary and serous needs cause by the disaster. This includes medical, dental, funeral, personal property, transportation, moving and storage, and other expenses the FEMA approves. The homeowner may need to apply for a SBA loan before receiving assistance. c. Small Business Administration (SBA) The SBA can make federally subsidized loans to repair or replace homes, personal property or businesses that sustained damages not covered by insurance. For many individuals the SBA disaster loan program is the primary form of disaster assistance. Three types of disaster loans are offered to qualified homeowners and businesses: i. Home disaster loans for homeowners and renters to repair or replace disaster-related damages to home or personal property ii. Business physical disaster loans for business owners to repair or replace disaster-damaged property, including inventory, and supplies. iii. Economic injury disaster loans which provide capital to small businesses and to small agricultural cooperatives to assist them through the disaster recovery period. d. Disaster Unemployment Assistance The Disaster Unemployment Assistance (DUA) program provides unemployment benefits and reemployment services to individuals who have become unemployed because of major disasters. Benefits begin with the date the individual was unemployed doe to the disaster incident and can extend up to 26 weeks after the Presidential declaration date. These benefits are made 22 CEMP

23 Section 3 - Recovery available to individuals not covered by other unemployment compensation programs, such as self-employed, farmers, migrant and seasonal workers, and those who have insufficient quarters to qualify for other unemployment compensation. All unemployed individuals must register with the state's employment services office before they can receive DUA benefits. However, although most states have a provision that an individual must be able and available to accept employment opportunities comparable to the employment the individual held before the disaster, not all States require an individual to search for work. e. Disaster Legal Services When the President declares a disaster, FEMA/EPR, through an agreement with the Young Lawyers Division of the American Bar Association, provides free legal assistance to disaster victims. Legal advice is limited to cases that will not produce a fee (i.e., these attorneys work without payment). Cases that may generate a fee are turned over to the local lawyer referral service. f. The assistance that participating lawyers provide typically includes: i. Assistance with insurance claims (life, medical, property, etc.) ii. Counseling on landlord/tenant problems iii. Assisting in consumer protection matters, remedies, and procedures iv. Replacement of wills and other important legal documents destroyed in a major disaster g. Disaster Legal Services are provided to low-income individuals who, prior to or because of the disaster, are unable to secure legal services adequate to meet their needs as a consequence of a major disaster. h. Special Tax Considerations - Taxpayers who have sustained a casualty loss from a declared disaster may deduct that loss on the federal income tax return for the year in which the casualty actually occurred, or elect to deduct the loss on the tax return for the preceding tax year. In order to deduct a casualty loss, the amount of the loss must exceed 10 percent of the adjusted gross income for the tax year by at least $100. If the loss was sustained from a federally declared disaster, the taxpayer may choose which of those two tax years provides the better tax advantage. The Internal Revenue Service (IRS) can expedite refunds due to taxpayers in a federally declared disaster area. An expedited refund can be a relatively quick source of cash, does not need to be repaid, and does not need an Individual Assistance declaration. It is available to any taxpayer in a federally declared disaster area. i. Crisis Counseling - The Crisis Counseling Assistance and Training Program (CCP), authorized by 416 of the Stafford Act, is designed to provide supplemental funding to states for short-term crisis counseling services to people affected in Presidentially declared disaster. There are two separate portions of the CCP that can be funded: immediate services and regular services. The state may request either or both types of funding. To be eligible for crisis counseling services funded by this CEMP 23

24 Section 3- Recovery program, the person must be a resident of the designated area or must have been located in the area at the time the disaster occurred. The person must also have a mental health problem which was caused by or aggravated by the disaster or its aftermath, or the person must benefit from services provided by the program. j. All citizens seeking to participate in this program must register for assistance and establish eligibility. The toll-free telephone registration number is FEMA (or TTY for the hearing and speech impaired). FEMA will verify eligibility and need before assistance is offered. 2. State - The State of South Carolina may have limited Individual Assistance programs to provide in a disaster that is not discussed above. 3. Local Government assistance to individuals beyond the immediate needs may include programs made available through the use of Community Development Block Grants (CDBG), and access to federal programs through county program managers, including food stamps, which may be expedited to qualified individuals. Local nonprofit organizations may provide certain types of assistance for those not eligible for government sponsored programs. C. PUBLIC ASSISTANCE (PA) 4. Federal - The Federal Emergency Management Agency s Public Assistance Grant Program, oriented to public entities, can fund the repair, restoration, reconstruction, or replacement of a public facility or infrastructure, which is damaged or destroyed by a disaster. a. As found in the Public Assistance Program Guide (FEMA 322): b. Eligible Applicants - Eligible Applicants include state governments, local governments and any other political subdivision of the State, to include Native American Tribes. Certain private nonprofit (PNP) organization may also receive assistance. Eligible PMPs include educational, utility, irrigation, emergency, medical, rehabilitation, and temporary or permanent custodial care facilities (including those for the aged and disabled), and other PNP facilities that provide essential services of a governmental nature to the general public. PNPs that provide critical services (power, water, including water provided by an irrigation organization or facility, sewer, wastewater treatment, communications and emergency medical care) may apply directly to FEMA for a disaster grant. c. All PNPs must first apply to the Small Business Administration (SBA) for a disaster loan and if declined or if the loan doesn t cover all the eligible damages, the applicant may re-apply for FEMA assistance. d. The Applicant Briefing Immediately following the declaration, the State, assisted by FEMA, conducts the applicant briefing for state, local and PNP officials to information them of the assistance available and how to apply for it. 24 CEMP

25 Section 3 - Recovery e. Application must be filed with the State within 30 days after the area is designated eligible for assistance. f. Kickoff Meeting The Kickoff Meeting is conducted where damages will be discussed, needs assessed, and a plan of action put in place. Federal, state and local public assistance coordinator proceed with project formulation. g. Project Formulation is the process of documenting the eligible facility, the eligible work, and the cost for fixing the damages to every public or PNP facility identified by state or local representatives. h. Project Worksheets (PW) Project Worksheets contain a description of the damage, scope of work to repair or replace the damaged site and an actual or estimated cost for the project. The project worksheets are reviewed and approved by FEMA and they obligate the federal cost share (which cannot be less than 75 percent) to the state. i. Appeals can be made when disagreements arise on project worksheets such as cost eligibilities, etc. ii. Projects fall within one of the following categories: 1. Category A: Debris removal 2. Category B: Emergency protective measures 3. Category C: Road systems and bridges 4. Category D: Water control facilities 5. Category E: Public buildings and contents 6. Category F: Public utilities 7. Category G: Parks, recreational, and other i. Small Projects Projects falling below a certain cost threshold are considered small projects. Thresholds are set by FEMA in the Federal Register Notice for each federal fiscal year (as required by The Stafford Act, Public Law ). The threshold is adjusted annually for inflation. Payment of the federal share of the estimate is made upon approval of the project and no further accounting to FEMA is required. j. Large Projects - Large Projects are defined by a cost threshold set in the same Federal Resister Notice as stated above. For larger projects, payment is made on the basis of actual costs determined after the project is completed; although interim payments may be made as necessary. Once FEMA obligates funds to the state, further management of the assistance, including disbursement to sub-grantees (such as the County) is the responsibilities of the state. k. Other Assistance Assistance programs such as the Community Development Block Grant may also be activated to assist those who have been affected by a disaster. The SBA may provide low-interest loans to eligible citizens for home repairs and small business recovery. CEMP 25

26 Section 3- Recovery 5. State A public assistance coordinator is authorized to administer the public assistance grant program that provides financial assistance. D. HAZARD MITIGATION ASSISTANCE 1. Hazard Mitigation refers to sustained measures enacted to reduce or eliminate long-term risk to people and property from natural hazards and their effects. In the long-term, mitigation measures reduce personal loss, save lives, and reduce the costs from a disaster both locally and to the nation. 2. Two sections of the Stafford Act 404 and 406 can provide hazard mitigation funds when a federal disaster has been declared. In each case, the federal government can provide up to 75 percent of the cost, with some restrictions. 3. Through the Hazard Mitigation Grant Program (HMGP), authorized by 404 of the Act, communities can apply for mitigation funds through the state. The state is the grantee and notifies the applicant with pertinent information regarding projects and funding for those projects. The applicant or subgrantee would be the county who is responsible to carry out the projects. The state or local government must provide the 25 percent match. To be eligible for the HMGP funds the county must maintain a hazard mitigation plan and ensure that mitigation methods are being pursued to reduce impacts from hazards. 4. FEMA s primary emphasis for HMGP funds, where appropriate, is the acquisition and demolition, relocation, elevation. Or flood proofing of flood damaged or flood prone properties (non-structural measures). E. DISASTER RECOVERY CENTERS (DRCs) 1. A Disaster Recovery Center (DRC) is a facility that is set up in a disaster area to provide specific information about the disaster assistant programs that are available to those impacted by a disaster. One or more DRCs may be established in impacted areas. 2. Representatives from local government, state, federal agencies, and relief organizations may be present in the DRC. 3. DRCs provide a central location for individuals and businesses to register for disaster assistance and to receive information and resource materials. Horry County seeks to provide additional services to the residents of impacted areas by utilizing these locations as a one-stop-shop where residents may also seek local governmental services as well as other relief organizations including representatives sent through federal and state programs. Thus, providing a more efficient process for residents impacted by a disaster. 4. Application for assistance should be made through the national tele-registration hot-line ( or TYY ). 5. Horry County has pre-identified twelve (12) potential DRC locations. This information has been provided to the South Carolina Emergency Management Division (SCEMD). Location, date and times for DRC operations will be jointly determined by the Emergency Management Director, the state and FEMA. The 26 CEMP

27 Section 3 - Recovery pre-identified DRC locations can be found in Table 2: Horry County Disaster Recovery Centers (DRCs) below. Name Horry County Disaster Recovery Centers (DRCs) Physical Phone City State Zip Address Number Scipio Station 9620 Scipio Lane Myrtle Beach SC Aynor 370 Jordanville Magistrate Rd Aynor SC Government & 1301 Second Justice Center Ave. Conway SC Green Sea 2930 Fair Bluff Green Magistrate Road Sea SC Loris Station Walnut (EMS) Street Loris SC South Myrtle st Ave. Myrtle Beach Station N. Beach SC Stevens Little Stations 107 Hwy. 57 River SC James R. Frazier Community Center C.B. Berry Community Center 2250 Hwy 179 Carolina Forest Recreation Center South Strand Recreation Center North Strand Park 1370 Bucksport Road Bucksport SC Carolina Forest Blvd Scipio Lane 120 Hwy 57 South Little River SC Myrtle Beach SC Myrtle Beach SC Little River SC Latitude Longitude W N W N W N W N W N F. NATIONAL FLOOD INSURANCE PROGRAM (NFIP) 1. The NFIP is a federal program managed by FEMA and has three components: to provide flood insurance, to improve floodplain management and to develop maps of flood hazard zones. The NFIP allows property owners in participating communities to buy insurance to protect against flood losses. Participating communities are required to establish management regulations in order to reduce future flood damages. 2. Horry County participates in the National Flood Insurance Program (NFIP). FEMA has provided a Flood Insurance Rate Map delineating base flood elevations and flood risk areas. Horry County has adopted more stringent zoning and building codes consistent with the NFIP program guidelines. CEMP 27

28 Section 3- Recovery 3. Horry County also participates in the Community Rating System (CRS), which is a program that allows communities to have an impact on flood insurance rates for residents in their jurisdiction. Communities are classified from Class 1 to Class 10. Class 1 communities are those that have the largest allowable premium reduction and Class 10 are communities that have no allowable reduction. At this time Horry County s Class rating is a 9 (see Table 3 below). However, continual work to reduce insurance rates for consumers in Horry County is being made. 4. Horry County joined the regular community rating system on October 26, Since then 22,790 policies have been written in the unincorporated areas of the county. The County s rank is currently a In 2012, the U.S. Congress passed the Biggert-Waters Flood Insurance Reform Act of 2012 which calls on the Federal Emergency Management Agency (FEMA), and other agencies, to make a number of changes to the way NFIP is run. As the law is implemented some of these changes have already occurred, while others will be implemented in coming months. The changes will mean premium rate increase for some, but not all, policyholders over time. X. FINANCE, ADMINISTRATION AND LOGISTICS A. GENERAL 1. A large-scale emergency or disaster will place a tremendous demand on the resources of the county. The priorities for resources will be dynamic, based on the specific situation that the county is facing. The Horry County Logistics plan details the process that will be used to coordinate the proper management of resources in support of a disaster. The Logistics Plan is in Section 6 of the CEMP. B. PROJECT WORKSHEETS 1. The determination of project cost eligibility is based on Project Worksheets (PWs). Initial PWs detail the scope of repair work proposed for specific damaged sites that may be eligible for state and/ or federal funding. These damage repair estimates may be supplemented as work progresses, to increase funding and reflect any changes to the scope of work previously approved. 2. Grant projects must comply with state and federal laws and regulations. Staff must research, review, analyze, and develop reports and recommendations regarding engineering, environmental, historical and insurance related issues. These tasks require close coordination and contact with state and FEMA representatives and other appropriate local agencies. C. PERSONNEL 1. County Staff 28 CEMP

29 Section 3 - Recovery a. When the is implemented, all county resources are available and already being used to and facilitate recovery from a disaster. In the event of a catastrophic disaster when the shortterm recovery plan is activated, personnel may be tasked to accomplish a mission outside of their normal area of responsibility. b. If additional personnel resources are needed, they can be acquired through a variety of means, to include: i. Mutual Aid Agreements with other counties or municipalities. 1. Horry County Government has formed Mutual Aid Agreements (MAAs), as well as, Memorandums of Understanding (MOUs). 2. A list of Horry County s MAAs and MOUs can be found in Attachment A of this plan. ii. Statewide Mutual Aid Agreement iii. State resources through the SEOC iv. National Guard v. Contractors vi. Volunteers vii. Citizens Emergency Response Teams (CERT) viii. All-Hazards Incident Management Teams ix. Emergency Management Assistance Compact (EMAC) c. If additional personnel are brought to assist in managing the disaster, care must be given to ensuring that liability issues, pay issues and sustainment issues are properly addressed prior to their arrival. D. FINANCIAL ACCOUNTABILITY 1. Expenditures of county monies for recovery operations will be conducted in accordance with the county ordinances. In addition, state and federal monies may become available to assist in the disaster effort. Accounting for the expenditures of the federal, state and county monies will be subject to audits, both internally and externally. 2. Individual departments are responsible for collection, reporting and maintenance of records documenting disaster costs. 3. Horry County Government has a Community Development & Grants Department that will be involved with short-term recovery actions in the Short-Term Recovery Branch. The department will also apply, manage, and request reimbursement for all state and federal disaster grant programs for the county. 4. Specific procedures for financial management and reporting during a disaster are contained in Annex 25 of the EOP. CEMP 29

30 Section 3- Recovery E. EMERGENCY MANAGEMENT ASSISTANCE COMPACT (EMAC) 1. The Emergency Management Assistance Compact (EMAC) establishes a firm legal foundation for states to send personnel, equipment, and commodities to help disaster relief efforts in other states. Once the conditions for providing assistance to a requesting state have been set, the terms constitute a legally binding contractual agreement that makes affected states responsible for reimbursement. The EMAC legislation solves the problems of liability and responsibilities of cost and allows for credentials, licenses, and certifications to be honoured across state lines. Deploying resources through EMAC leverages federal grant dollars (such as HMGP & EMPG) invested in state and local emergency management resource capabilities. Through EMAC, states are able to join forces and help one another when they need it the most; whenever disaster strikes. a. There are five distinct phases of the EMAC process, which is: i. pre-event preparation, ii. activation, iii. request and offer, iv. response, and v. reimbursement. b. All EMAC member states have enacted the EMAC legislation and have agreed to use the EMAC procedures for the implementation of EMAC. c. EMAC is coordinated through the state emergency management agencies within the EMAC member states on behalf of their respective governors. XI. PLAN DEVELOPMENT AND MAINTENANCE A. GENERAL 1. The Planning Section Liaison has the responsibility for coordinating, developing, and maintaining portions of this plan that pertain to the Short-Term Recovery Branch and its related RSFs with the appropriate Branch Directors and Designated RSF Lead Departments. 2. The is also updated periodically as required to incorporate new directives, legislative changes, and procedural changes based on lessons learned from exercises and actual events. B. SHORT-TERM RECOVERY TASK FORCE 1. The short-term recovery task force was developed to assist in the development of the short-term recovery plan and its associated recovery support functions 30 CEMP

31 Section 3 - Recovery (RSFs). This task force may be used in the future for the short-term recovery plan maintenance and further updates. 2. The task force may be revised from time to time to and expanded to bring together the unique and broad combination of resources and expertise in order to reflect the complex processes of recovery. XII. AUTHORITY AND REFERENCES A. AUTHORITY The short-term recovery plan complies with the following national policies and standards; the National Incident Management System (NIMS), the National Response Framework (NRF), the National Response Plan (NRP), the National Disaster Recovery Framework (NDRF), the Horry County Emergency Operation Plan (EOP) and it also meets the accreditation requirements of the Emergency Management Accreditation Program (EMAP). 1. Federal a. Currently the federal government does not have any statutory requirements related specifically to disaster recovery or redevelopment plans. However, the Robert T. Stafford Act, as amended by the Disaster Mitigation Act of 2000 supports community wide planning that collectively reduce hazard vulnerabilities through mitigation efforts. The newly crafted National Disaster Recovery Framework (NDRF) released in September 2011, supports the development and expresses the importance of building community relationships with state and local governments, nonprofit organizations, community businesses, voluntary and faith-based groups and community organizations as part of a longterm disaster recovery effort. b. The National Disaster Recovery Framework (NDRF) is a guide as to how the federal government will promote effective recovery, particularly for those incidents that are large-scale or catastrophic in nature. It may be used for both Stafford Act and non-stafford Act incidents. Within the development of the NDRF concepts and principles are described that promote effective federal recovery assistance. This is done through social and economic community impact assessment, long-term community recovery assistance, analysis and review of mitigation implementation and capacity building through the RSFs. There were nine core principles introduced to include; Individual and Family Empowerment, Leadership and Local Primary, Pre-Disaster Recovery Planning, Partnerships and Inclusiveness, Public Information, Unity of Effort, Timeliness and Flexibility, Resilience and Sustainability, Psychological and Emotional Recovery, in hopes to better guide recovery. CEMP 31

32 Section 3- Recovery 2. State a. Under South Carolina Code of Regulations, Section 58-1, each county is directed by the state to establish an Emergency Preparedness Agency and appoint a Director to carry out the provisions set forth under that section. Horry County is in accordance with these regulations and standards set forth by the State of South Carolina. b. Pursuant to Title 6, Chapter 29, Article 1 of South Carolina Code of Laws, comprehensive planning is supportive of policies to rebuild and redevelop damaged areas, as well as, planning policies limiting redevelopment in areas of repeated damage and incorporation of hazard mitigation plan policy. However, no requirements have been established under state law for a jurisdiction to develop a short-term or long-term disaster recovery plan. 3. Federal Public Law , Robert T. Stafford Disaster Relief Act 4. Americans with Disabilities Act (ADA), as amended Executive Order 13347, Individuals with Disabilities in Emergency Preparedness 6. Federal Public Law , SARA, Title III, Superfund Amendments And Reauthorization Act, Code of Federal Regulation (CFR), Title 44, as amended 8. Presidential Executive Order Federal Emergency Management 9. Disaster Mitigation Act 200 (DMA 2000) 10. Horry County Comprehensive Emergency Management Plan (CEMP) B. REFERENCES 1. National Disaster Recovery Framework, September South Carolina Emergency Management Division (SCEMD) 3. South Carolina Recovery Plan, Appendix 6, South Carolina Emergency Operations Plan. 4. FEMA Public Assistance Guide (FEMA 322), June Horry County Public Information Officer Procedures Guide CEMP

33 Section 3 SHORT TERM RECOVERY PLAN ATTACHMENT A HORRY COUNTY MEMORANDUM OF AGREEMENTS Memorandum of Agreements Emergency Management 1. Agreement for use of Homewood Elementary School as a Mass Care Shelter & link-up point for SC National Guard (MOA also included in this section) 2. Agreement for use of Horry County EMD Communication Devices and accessories for 800MHz transmissions by the US Coast Guard with Horry County Public Safety Officials 3. Agreement for use of Horry County School District School Property as a Mass Evacuation Transportation Transfer Station by Horry County 4. Agreement for use of Horry County Schools as Mass Care Shelters 5. Agreement for use of Horry County Schools as PODS 6. Agreement with Horry County Schools (Readiness and Emergency Management for Schools Application) 7. Contract- Crowder Gulf & the Horry County Solid Waste Authority 8. Contract- Emergency Disaster, Response, and Recovery Services- PBS&J 9. Contract- Phillips & Jordan and the Horry County Solid Waste Authority 10. Infoshare Agreement 11. Letter of Intent- Canteen Support for EOC Operations 12. MOA between Horry County and DHEC- Region 6 for First Responder Mass Dispensing Site 13. MOA between SCEMD, Office of the Adjutant General and Horry County Emergency Management for the use of specific state-owned hardware in support of Palmetto Vision, WebEOC and Hughes Net Satellite Failover System in County EOCs 14. MOA between the Adjutant General of South Carolina, the SC Dept. Of Public Safety, Horry County Gov., and Horry County Schools for use of Homewood Elementary as a shelter 15. MOA for REACH SC 16. MOAs for Requesting Resources for Disaster Response/Recovery by local jurisdictions 17. MOA with Santee Cooper to use Conway Airport as an emergency response camp 18. MOA with S.C. State Guard 19. MOU between Horry County Amateur Radio Emergency Service and Horry County, SC Emergency Management Services 20. Statewide Mutual Aid Agreement signatories 21. WeatherFlow Contracts- Lake Arrowhead FD & Little River FD CEMP A-1

34 Section 3 E MOA for the Palmetto 800 statewide radio Fire/Rescue 1. Fire Service Agreement- City of Conway 2. Fire Service Agreement- City of Loris 3. Fire Service Agreement- City of MIGC 4. Fire Service Agreement- City of Myrtle Beach 5. Fire Service Agreement- City of Tabor City 6. MOA with Brunswick County 7. MOU for COBRA Response Team 8. MOU between participating agencies receiving South Carolina DHS 800MHz grant radios Miscellaneous Agreements 1. Agreement for use of Horry County Schools facilities as mass care shelters by the American Red Cross 2. State Guard assigned to man welcome centers 3. Letter to the Solid Waste Authority requesting the use of track 1187 to dispose of explosive devices. 1. FEMA lots at Gray Oaks Estates Property Agreements A-2 CEMP

35 Section 3 SHORT-TERM RECOVER PLAN ATTACHMENT B PRE-EVENT MODEL RECONSTRUCTION ORDINANCE PRE EVENT MODEL RECONSTRUCTION ORDINANCE One action a community can take to move toward better management of disaster mitigation, preparedness, response, and recovery is the adoption of an ordinance before or after a damaging event to serve as either a forerunner or supplement to a full blown recovery plan. The Model Recovery Ordinance below outlines a foundation on which a community can organize in advance of a declared disaster to efficiently manage short and long term recovery. Purposes. The Model Recovery Ordinance focuses on actions found necessary to facilitate recovery, provides a structured format for capturing essential recovery requirements, and offers prototypical language adaptable to unique local circumstances. The concept reflects some essential elements. Among other things, the recovery ordinance should: 1 Be adopted by local governing body action before a disaster happens, as well as periodically updated and amended, as needed 2 Authorize establishment and maintenance of a local recovery management organization, coordinated closely with the local emergency management organization 3 Direct the preparation of a pre event short and long term recovery plan in concert with the local emergency management organization and community stakeholder organizations 4 Establish emergency powers by which the local government staff can take extraordinary action to protect public health, safety, and welfare during post disaster recovery 5 Identify methods for local government to take cooperative action with other entities to assure full access to all external financing resources as well as to facilitate recovery 6 Specify the means for consulting with and assisting citizens, businesses, and community stakeholder organizations during recovery planning and implementation Form of Government. For ease of use, the Model Recovery Ordinance is written to reflect a council manager form of government used by many cities and counties. In this form, executive as well as policy making authority resides with an elected governing body, such as a city council or county board of supervisors, and administrative powers are delegated to staff through a city manager or county administrative officer. Also in use is the mayor council form of local government, characterized by a separately elected executive, such as a mayor or county executive. In this form, policy making authority is shared by the elected executive and other governing body members in highly differentiated ways, depending upon location, with administrative powers delegated to staff through the executive. Although reflecting the council-manager form, the Model Recovery Ordinance can be tailored to the mayor council form through appropriate substitution of terms. Recovery Management Emphasis. The Model Recovery Ordinance emphasizes a recovery management process operated in conjunction with administrative powers of local government under the policy making and/or executive powers of the governing body. It acknowledges the distinction between the vast bulk of more routine administrative actions reflected in short term recovery provisions and the policy process more common to long term recovery, directed through formal action by the governing body, and often marked by public hearings and controversy. CEMP B-1

36 Section 3 Model Recovery Ordinance Language An ordinance establishing a recovery organization, authorizing preparation of a recovery plan, and granting emergency powers for staff actions which can ensure timely and expeditious post disaster recovery for the City (or equivalent), and amending Section(s) of the Municipal Code (or equivalent). Chapter. Disaster Recovery [Insert here: listing of all section and subsection titles] WHEREAS, the City is vulnerable to various natural hazards such as earthquakes, flooding, landslides, wildfires, and severe storms causing substantial loss of life and property resulting in declared local, state, or federal level disasters; WHEREAS, the city is authorized under state law to declare a state of local emergency and take actions necessary to ensure the public safety and well being of its residents, visitors, business community, and property during and after such disasters; WHEREAS, it is essential to the well being of the City after disasters to expedite recovery, mitigate hazardous conditions threatening public safety, and improve the community; WHEREAS, disaster recovery can be facilitated by establishment of an ongoing Recovery Management Organization within the city government to plan, coordinate, and expedite recovery activities; WHEREAS, preparation of a pre event Recovery Plan can help the city organize to expedite recovery in advance of a declared disaster and to mitigate hazardous conditions before and after such a disaster; WHEREAS, post disaster recovery can be facilitated by adoption of a pre event ordinance authorizing certain extraordinary staff actions to be taken to expedite implementation of recovery; WHEREAS, it is mutually beneficial to identify in advance of a declared disaster the necessity to establish and maintain cooperative relationships with other local, state, and federal governmental agencies in order to facilitate post disaster recovery; WHEREAS, it is informative, productive, and necessary to consult with representatives of business, industry, citizens, and community stakeholder organizations regarding the most suitable and helpful means to facilitate post disaster recovery; The City Council [or equivalent] does hereby ordain: Section 1. Authority. This ordinance is adopted by the City Council [or equivalent] acting under authority of the [authorizing legislation], [State Emergency Management Act or equivalent], and all applicable federal laws and regulations. B-2 CEMP

37 Section 3 2. Purposes. It is the intent of the City Council [or equivalent] under this chapter to: a. Authorize, in advance of a disaster, the establishment and maintenance of an ongoing Recovery Management Organization within the City [or equivalent] to plan, prepare for, direct, and coordinate orderly and expeditious post disaster recovery; b. Direct, in advance of a declared disaster, the preparation of a pre event Recovery Plan for short term and long term post disaster recovery, to be adopted by the City Council [or equivalent] and amended periodically, as necessary; c. Establish, in advance of a disaster, powers to be implemented upon declaration of a local emergency by which staff of building, planning, public works, and other departments can take extraordinary action to reasonably assure safe and healthy post disaster recovery; d. Identify methods by which the City [or equivalent] may take cooperative action with other governmental entities to facilitate recovery; e. Specify means by which the City [or equivalent] may consult with and assist citizens, businesses and community organizations during the planning and implementation of recovery procedures. 3. Definitions. As used in this ordinance, the following definitions shall apply: 3.1 Development Moratorium shall mean a temporary hold, for a defined period of time, on the issuance of building permits, approval of land use applications or other permits and entitlements related to the use, development, and occupancy of private property in the interests of protection of life and property. 3.2 Director shall mean the Director of the Recovery Organization or an authorized representative. 3.3 Disaster shall mean a locally declared emergency also proclaimed as a state of emergency by the Governor of the State and declared a disaster by the President of the United States. 3.4 Emergency shall mean a local emergency, as defined by the Municipal Code, which has been declared by the City Council for a specific disaster and has not been terminated. 3.5 Flood Insurance Rate Map (FIRM) shall mean a map showing the outer boundaries of the floodway and floodplain as determined by the FEMA Flood Insurance Administration through the Flood Insurance Rate Map program. 3.6 Hazard Mitigation Grant Program. A program for assistance to federal, state, and local agencies whereby a grant is provided by FEMA as an incentive for implementing mutually desired mitigation programs, as authorized by the Stafford Act and related federal regulations, plans, and policies. 3.7 Historic Building or Structure shall mean any building or structure included on the national, state, or municipal register of historic places, and structures having historic significance within a recognized historic district. 3.8 Individual Assistance Program. A program for providing small grants to individuals and households affected by a disaster to offset loss of equipment, damage to homes, or the cost of relocation to another home, as authorized under the Stafford Act and related federal regulations. 3.9 In Kind shall mean the same as the prior building or structure in size, height and shape, type of construction, number of units, general location, and appearance Interim Recovery Strategy shall mean a post disaster strategic program identifying major recovery initiatives and critical action priorities either in the Recovery Plan or necessitated by specific post disaster conditions Local Hazard Mitigation Plan. A plan prepared for governing board adoption and FEMA approval, which, among other things, assesses the type, location, and extent of natural hazards affecting the City; describes vulnerability of people, structures, and infrastructure facilities to such hazards and estimates potential losses, and includes a mitigation strategy that provides the City s blueprint for reducing potential losses identified Multi Agency Hazard Mitigation Team. A team of representatives from FEMA, other federal agencies, state emergency management agencies, and related state and local agencies, formed to identify, evaluate, and report on post disaster mitigation needs Natural Hazards/ Safety Element [or equivalent] shall mean an element of the comprehensive plan that addresses protection of the community from unreasonable risks CEMP B-3

38 Section 3 associated with earthquakes, landslides, flooding, wildland fires, wind, coastal erosion, and other natural, technological, and human caused hazards Public Assistance Program. A program for providing reimbursement to federal, state, and local agencies and non profit organizations for repair and replacement of facilities lost or damaged in a disaster, as authorized under the Stafford Act and related federal regulations, plans, and policies Redevelopment shall mean the rebuilding of permanent replacement housing, construction of large scale public or private infrastructure damaged or destroyed in a major disaster, addition of community improvements, and restoration of a healthy economy Recovery shall mean the process by which most private and public buildings and structures not severely damaged or destroyed in a major disaster are repaired and most public and commercial services are restored to normal Recovery Management Organization shall mean an interdepartmental organization that coordinates city staff actions in planning and implementing disaster recovery and reconstruction functions Recovery Plan shall mean a pre or post disaster plan for recovery, comprising policies, plans, implementation actions, and designated responsibilities related to expeditious and orderly post disaster recovery and rebuilding, as well as long term mitigation "Stafford Act" shall mean the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law , as amended). 2. Recovery Management Organization. There is hereby created the Recovery Management Organization [or equivalent] for the purpose of planning, organizing, coordinating, and implementing pre event and post disaster disaster recovery actions. Commentary. This ordinance is written with a council manager form of city government for a small to medium sized community. The overall concept here is for the City Manager to run the recovery management organization on behalf of the City Council, reserving the presence of a Mayor for critical junctures following a disaster or for times when policy matters come up needing City Council involvement. In actuality, the City Manager inevitably becomes the pivotal party for informing and advising the City Council on recovery matters, interpreting Council policy and coordinating staff functions. In a big city environment, presence and availability of the Mayor or a Deputy Mayor may be important from a leadership standpoint, even though recovery in many instances is largely a staff driven process with the City Manager as the primary coordinator. Either way, the intent of the following language is to assure an ongoing communications connection between staff and the City Council. 4.1 Powers and Duties. The Recovery Management Organization shall have such powers as needed to carry out the purposes, provisions, and procedures of this chapter. 4.2 Officers and Members. The Recovery Management Organization shall be comprised of the following officers and members: a. The City Manager [or equivalent)] who shall be Director; b. The Assistant City Manager [or equivalent] who shall be Deputy Director in the absence of the City Manager; c. The City Attorney [or equivalent] who shall be Legal Adviser; d. Other members include [list titles, such as chief building official, city engineer, director of community development or planning, fire chief, emergency management coordinator, general services director, historic preservation director, police chief, director of public works, director of utilities], and representatives from such other departments as deemed necessary B-4 CEMP

39 Section 3 by the Director for effective operations; Commentary. The formal structure of a recovery organization will vary from community to community. Department manager titles used locally vary widely. The important thing is inclusion of the widest array of functions having a direct or indirect role in recovery. 4.3 Relation to Emergency Management Organization. The Recovery Management Organization shall include all members of the Emergency Management Organization [or equivalent] as follows: [list titles, such as emergency management coordinator, fire chief, police chief, etc.] Commentary. A Recovery Management Organization should encompass all members of the Emergency Management Organization because of inherent interrelationships between hazard mitigation, emergency preparedness, response, and recovery functions. A close formal relationship should be maintained before, during, and after the state of emergency. When the emergency formally ends, recovery management should continue under the umbrella of the Recovery Management Organization to coordinate short term recovery operations. At this juncture, the Recovery Management Organization should continue as an important source of coordination of staff inputs on complex long term recovery planning and redevelopment issues, community workshops that may involve controversy, and City Council hearings to determine preferred policy outcomes. 4.4 Operations and Meetings. The Director shall be responsible for overseeing Recovery Management Organization operations and for calling meetings, as needed. After a declaration of an emergency, and for the duration of the emergency period, the Recovery Management Organization shall meet daily, or as frequently as determined by the Director. 4.5 Succession. In the absence of the Director, the Deputy Director shall serve as Acting Director and shall be empowered to carry out the duties and responsibilities of the Director. The Director shall name a succession of department managers to carry on the duties of the Director and Deputy Director, and to serve as Acting Director in the event of the unavailability of the Director and Deputy Director. 4.6 Organization. The Recovery Management Organization may create such standing or ad hoc committees as determined necessary by the Director. 5. Recovery Plan. The Recovery Management Organization shall prepare a Recovery Plan addressing pre event and post disaster recovery policies, strategies, and actions; if possible, the Recovery Plan shall be adopted by the City Council [or equivalent] before a disaster, and amended after a disaster, as needed. 5.1 Plan Content. The Pre Disaster Recovery Plan shall be composed of pre and post event policies, strategies, and actions needed to facilitate post disaster recovery. The Recovery Plan will designate lead and back up departmental action responsibilities to facilitate expeditious post disaster recovery as well as hazard mitigation actions. The Recovery Plan shall address short term and long term recovery subjects, including but not limited to: business resumption, damage assessment, CEMP B-5

40 Section 3 demolitions, debris removal, expedited repair permitting, hazards evaluation and mitigation, historical buildings, moratorium procedures, nonconforming buildings and uses, rebuilding plans, restoration of infrastructure, temporary and replacement housing, and such other subjects as may be appropriate to expeditious and wise recovery. 5.2 Coordination with Other Organizations. The Recovery Plan shall identify relationships of planned recovery actions with those of local, state, federal, mutual aid, and nonprofit organizations involved with disaster recovery, including but not limited to: the Federal Emergency Management Agency (FEMA), the American Red Cross, the Department of Housing and Urban Development (HUD), the Small Business Administration (SBA), the Environmental Protection Agency (EPA), the Department of Transportation (DOT), the State Emergency Management Agency [or equivalent] and other organizations that may provide disaster assistance. Prior to adoption or amendment of the Recovery Plan by the City Council [or equivalent], such organizations shall be notified of its proposed content, and comments shall be solicited in a timely manner. Commentary. In contrast to most local emergency management organizations, FEMA has substantial recovery and reconstruction responsibilities. To provide direction for handling of emergency response, relief, and recovery in relation to major disasters, Congress enacted in 1988 the Robert T. Stafford Disaster Relief and Emergency Assistance Act (a.k.a. the Stafford Act), Public Law , as amended. For most communities, this is an important source of external funding to compensate for certain disaster losses. Since FEMA is an important source of post disaster infrastructure and other funding, it is important to solicit advice from that agency before the disaster on the Recovery Plan. 5.3 Consultation with Citizens. Prior to adoption or amendment of the Recovery Plan by the City Council [or equivalent], the Recovery Management Organization shall organize and distribute public announcements, schedule and conduct community meetings, or convene advisory committees composed of representatives of homeowner, business, and community organizations, or implement other means to provide information and consult with members of the public regarding preparation, adoption, or amendment of the Recovery Plan, and their comments shall be solicited in a timely manner. Commentary. Direct outreach to the community should be established in advance of a major disaster with the assistance of neighborhood safety or similar programs, such as local Community Emergency Response Team (CERT) organizations. Such outreach should ideally be conducted in conjunction with preparation of the Recovery Plan. Following a major disaster, proactive outreach is critical to establishing a two way flow of information, without which controversy inherent in post disaster settings can become severe. A critically important mechanism in establishing a successful post disaster relationship between local government, victims, and other community stakeholders has been conduct of weekly meetings between city staff and disaster victims in disaster impacted areas. As an example of such outreach, regular meetings were sponsored by the City of Oakland following the 1991 Oakland Hills Firestorm with beneficial results. 5.4 Adoption. Following preparation, update, or revision, the Recovery Plan shall be transmitted to the City Council [or equivalent] for review and approval. The City Council shall hold at least one legally noticed public hearing to receive comments from the public on the Recovery Plan. Following B-6 CEMP

41 Section 3 public hearing(s), the City Council may adopt or amend the Recovery Plan by resolution, or transmit the plan back to the Recovery Management Organization for further modification prior to final action. Commentary. City Council adoption of this ordinance in conjunction with a pre event recovery plan is extremely important for successful post disaster recovery. The Council needs to become comfortable with the concept of a pre event plan and ordinance adoption in order to feel confident in staff during post disaster recovery operations. If Council adoption is not possible immediately because of the press of other business, then timely opportunities should be sought for bringing the recovery plan and ordinance forward, such as when a catastrophic disaster has struck in another jurisdiction. 5.5 Amendments. The Recovery Management Organization shall address key issues, strategies, and information bearing on the orderly maintenance and periodic amendment of the plan. In preparing amendments, the Recovery Management Organization shall consult in a timely manner with the City Council [or equivalent], City departments, businesses and community organizations, and other government entities to obtain information pertinent to possible Recovery Plan amendments. 5.6 Implementation. Under policy direction from the [Mayor and/or] City Council [or equivalent] the Recovery Management Organization shall be responsible for Recovery Plan implementation. Before a declaration of emergency, the Director shall prepare and submit reports at least annually to fully advise the City Council [or equivalent] on the progress of preparation, update, or implementation of the Recovery Plan. After a declaration of emergency, the Director shall report to the City Council [or equivalent] as often as necessary on actions taken to implement the plan in the post disaster setting, identify policy issues needing City Council [or equivalent] direction, and receive authorization to proceed with interim plan modifications necessitated by specific circumstances. 5.7 Training and Exercises. The Recovery Management Organization shall organize and conduct periodic training and exercises annually, or more often as necessary, in order to develop, communicate, and update the contents of the Recovery Plan. Such training and exercises will be conducted in coordination with similar training and exercises related to the Emergency Operations Plan. Commentary. Recovery training and exercises should happen on a joint, ongoing basis between the Recovery Management Organization and the Emergency Management Organization. For greatest value, recovery training and exercises should include careful attention to critical relationships between early post disaster emergency response and recovery actions that condition long term reconstruction, such as street closings and re openings, demolitions, debris removal, damage assessment, and hazards evaluation. 5.8 Coordination with Related Plans. The Recovery Plan shall be coordinated with the Comprehensive General Plan, the Emergency Operations Plan, the Local Hazard Mitigation Plan, and such other related plans as may be pertinent, to avoid inconsistencies between plans. Such related plans shall be periodically amended by the City Council to be consistent with key provisions of the Recovery Plan, and vice versa. CEMP B-7

42 Section 3 6. Interim Recovery Strategy. At the earliest possible time following a declaration of local emergency, the Recovery Management Organization shall prepare an Interim Recovery Strategy. 6.1 Content. The Interim Recovery Strategy shall identify and describe recovery initiatives and action priorities anticipated or underway that are necessitated by specific post disaster circumstances. 6.2 Critical Action Priorities. The Interim Recovery Strategy shall identify critical action priorities, including but not limited to those actions identified under Section 9.0 Temporary Regulations of this chapter, describing for each action its objective, urgency, affected individuals and organizations, funding sources, department responsible, and likely duration. The Interim Recovery Strategy shall separately identify those recovery initiatives and action priorities that are not covered by the adopted Recovery Plan, but which in the judgment of the Director are essential to expeditious fulfillment of victims needs, hazard mitigation imperatives, critical infrastructure restoration, and rebuilding needs, and without which public health, safety, and welfare might otherwise be impeded. 6.3 Short Term Hazard Mitigation Program. The Interim Recovery Strategy shall include a short term hazard mitigation program comprised of high priority actions. Such measures may include urgency ordinances dealing with mitigation and abatement priorities identified under Section 9. Temporary Regulations, or requiring special land use and development restrictions or structural measures in areas affected by flooding, urban/wildland fire, wind, seismic, or other natural hazards, or remediation of known technological hazards such as toxic contamination. 6.4 Review and Consultation. The Interim Recovery Strategy shall be forwarded to the City Council [or equivalent] for review and approval following consultation with FEMA, other governmental agencies, businesses, and other citizen and stakeholder representatives. The Director shall periodically report to the City Council regarding Interim Recovery Strategy implementation, and any adjustments that may be required by changing circumstances. 6.5 Coordination with Pre Disaster Recovery Plan and Other Plans. The Interim Recovery Strategy shall form the basis for periodic amendments to the Recovery Plan, and such other related plans as may be pertinent. It shall identify needed post disaster amendments to the Pre Disaster Recovery, Comprehensive Plan, Emergency Operations Plan, or other plans, codes, or ordinances. Commentary. The purpose of the Interim Recovery Strategy is to structure the flow of local post disaster short and long term recovery actions around a unifying concept that: 1) acknowledges real damage and loss conditions experienced, 2) modifies scenarios underlying the Pre Disaster Recovery Plan, and 3) translates the new reality into short term actions pending revision of the Recovery Plan. This may be essential because damage conditions are often likely to be different from those anticipated in the Pre Disaster Recovery Plan. Preparation of such an interim strategy in the early days of recovery has the benefit of incorporating a positive, proactive emphasis to counter what can be an overwhelmingly reactive and negative context. The Interim Recovery Strategy can be updated as recovery experience is gained and new issues emerge. It also provides a source from B-8 CEMP

43 Section 3 which the Pre Disaster Recovery Plan and related plans can be updated. 7. Hazard Mitigation Program. Prior to a major disaster, the Recovery Management Organization, with City Council concurrence, shall establish a hazard mitigation program by which natural hazards, risks, and vulnerability are addressed for prioritized short term and long term mitigation actions leading to reduced disaster losses. The hazard mitigation shall include preparation and adoption of a Local Hazard Mitigation Plan, amendment of the Comprehensive Plan to include a Safety Element [or equivalent], together with emergency actions dealing with immediate hazards abatement, including hazardous materials management. 7.1 Local Hazard Mitigation Plan. The Recovery Management Organization shall prepare for City Council adoption and FEMA approval a Local Hazard Mitigation Plan qualifying the City for receipt of federal Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance Grants (FMAG), and Severe Repetitive Loss (SRL) grants, under the provisions of the Disaster Mitigation Act of 2000, as amended. The Local Hazard Mitigation Plan, shall include, among other items specified in federal law (44 CFR 201.6): a risk assessment describing the type, location, and extent of all natural hazards that can affect the City, vulnerability to such hazards, the types and numbers of existing and future buildings, infrastructure, and critical facilities located in identified hazard areas, and an estimate of the potential dollar losses to vulnerable structures; and a mitigation strategy that provides the City s blueprint for reducing the potential losses identified in the risk assessment. The Local Hazard Mitigation Plan shall be adopted as part of the Safety Element of the Comprehensive Plan. 7.2 Natural Hazard/Safety Element [or equivalent]. The Recovery Management Organization shall prepare for City Council adoption an amendment to the Comprehensive Plan known as the Natural Hazards/Safety Element [or equivalent] including proposed long and short term hazard mitigation goals, policies, and actions enhancing long term safety against future disasters. The Natural Hazard/Safety Element [or equivalent} shall determine and assess the community's vulnerability to known hazards such as: severe flooding; wildland fires; seismic hazards, including ground shaking and deformation, fault rupture, liquefaction, and tsunamis; dam failure; slope instability, mudslides, landslides, and subsidence; coastal surge and erosion; hurricanes, tornadoes, and other high winds; and technological hazards, such as oil spills, natural gas leakage and fires, hazardous and toxic materials contamination, and nuclear power plant and radiological accidents. Commentary. About a dozen states require inclusion of natural hazards as a mandated subject within their comprehensive plans. For example, a Natural Hazards Element is a required or suggested part of comprehensive plans of Colorado, Idaho, Illinois, and Iowa, and a Safety Element is a required part of comprehensive plans in Arizona, California, and Nevada. Such requirements may have encouraged disaster loss reduction. For example, per capita flood losses were found in one study to be lower for those states which required natural hazards as a subject of the comprehensive plan than for those without such a requirement. Moreover, such comprehensive plan elements provide a context into which communities can fit their Local Hazard Mitigation Plan (LHMP) required under the Disaster Mitigation Act of 2000 as a precondition for eligibility for federal hazard mitigation grants. California provides financial incentives to local jurisdictions that adopt their LHMP as part of the safety element. To the extent that hazard mitigation reduces disaster losses and facilitates recovery, CEMP B-9

44 Section 3 communities stand to benefit from integrating such plans with the Pre Disaster Recovery Plan. 7.3 New Information. As new information is obtained regarding the presence, location, extent, location, and severity of natural or technological hazards, or regarding new mitigation techniques, such information shall be made available to the public, and shall be incorporated as soon as possible as amendments to the Local Hazard Mitigation Plan and the Comprehensive Plan through City Council action. 8. General Provisions. The following general provisions shall be applicable to implementation of this chapter: 8.1 Emergency Powers and Procedures. Following a declaration of local emergency and while such declaration is in force, the Recovery Management Organization shall have authority to exercise powers and procedures authorized by this chapter, including temporary regulations identified below, subject to extension, modification or replacement of all or portions of these provisions by separate ordinances adopted by the City Council [or equivalent]. 8.2 Post Disaster Operations. The Recovery Management Organization shall coordinate post disaster recovery operations, including but not limited to: business resumption, damage assessment, demolitions, debris removal, expedited repair permitting, hazards evaluation and mitigation, historical buildings, moratorium procedures, nonconforming buildings and uses, rebuilding plans, restoration of infrastructure, temporary and replacement housing, and such other subjects as may be appropriate, as further specified below. 8.3 Coordination with FEMA and Other Agencies. The Recovery Management Organization shall coordinate recovery actions identified under this and following sections with those of state, federal, local, or other mutual organizations involved in disaster recovery, including but not limited to the Federal Emergency Management Agency (FEMA), the American Red Cross, the Department of Housing and Urban Development (HUD), the Small Business Administration (SBA), the State Emergency Management Agency [or equivalent], and other organizations that provide disaster assistance. Intergovernmental coordination tasks including but not limited to the following: providing information and logistical support; participating in the Multi Agency Hazard Mitigation Team; cooperation in joint establishment of one stop service centers for victim support and assistance; such other coordination tasks as may be required under the specific circumstances of the disaster. Commentary. A substantial portion of the Stafford Act is devoted to the means by which federal funds are distributed to persons, businesses, local governments, and state governments for disaster relief and recovery. For most communities, this is an important external source from which certain disaster losses can be compensated. Although insurance may be instrumental in personal, household, or business recovery, it has little value for compensating losses incurred from disasters for which insurance is too costly or difficult to obtain, such as earthquake insurance. In addition, some federal assistance is in the form of grants and loans, involving other federal agencies such as HUD and SBA. The federal government has become increasingly interested in coordinating post disaster B-10 CEMP

45 Section 3 victim services and mitigating hazards affecting land use and building construction. Consequently, federal assistance to localities in many instances is contingent upon the adjustment of local recovery and hazard mitigation policies and practices to conform to federal standards, such as elevation of rebuilt structures in floodplain areas. 9.0 Temporary Regulations. The Recovery Management Organization shall have the authority to administer the provisions of this section temporarily modifying provisions of the Municipal Code [or equivalent] dealing with building permits, demolition permits, and restrictions on the use, development, or occupancy of private property, provided that such action, in the opinion of the Director, is reasonably justifiable for protection of life and property, mitigation of hazardous conditions, avoidance of undue displacement of households or businesses, or prompt restoration of public infrastructure. Commentary. The following temporary regulations are at the heart of the recovery process. Although state law or city ordinances may authorize some of these functions, it is preferable to have a source of locally adopted regulation which provides direct authority for staff actions taken on behalf of the City Council in line with the Recovery Plan, and provides a rationale for intervention in matters dealing with private property. Among these temporary regulations are provisions dealing with their duration, environmental clearances, debris clearance and hazard abatement, damage assessment and placarding, development moratoria, temporary use permits, temporary repair permits, deferral of fees for repair and rebuilding permits, nonconforming buildings and uses, one stop service centers, and demolition of damaged historic buildings. Each of these topics needs careful adaptation to local conditions. It is not possible to fully anticipate in advance the magnitude and distribution of disaster damages, but these pre adopted temporary regulations provide a basis for more efficient action substantially less subject to uncertainties found in cities which have not prepared in this manner. 9.1 Duration. The provisions of this section shall be in effect subject to review by the City Council for a period of 90 days from the date of a local emergency declaration following a disaster, or until such time as they are extended, modified, replaced, or terminated in whole or in part by action of the City Council through separate ordinance. Commentary. This provision allows for flexibility in the duration of application of the temporary regulations, so that any portion can be terminated, modified, or extended depending upon local circumstances. It also reflects a recognition that "temporary" regulations may be in effect for an extended period of time beyond either termination of the local state of emergency or the 90 day period. Depending upon the severity of disaster damage, it may be necessary for temporary provisions to remain in effect for several years after the disaster. 9.2 Environmental Clearances. The provisions of this section enable actions that in the judgment of the Director are justifiable for protection of public health and safety and, therefore, can be reasonably declared to qualify under statutory exemptions of environmental regulations contained in other chapters of the Municipal Code, and within state and federal law. The Director shall provide ongoing monitoring reports to the City Council on environmental issues arising in relation to the Interim Recovery Strategy, the Pre Event Recovery Plan, and the statutory exemptions. CEMP B-11

46 Section Debris Clearance and Hazard Abatement. The Director shall have the emergency authority to undertake the following actions: a. Debris Removal Remove from public rights of way and/or private property adjoining such rights of way any debris, rubble, trees, damaged or destroyed cars, trailers, equipment, or other items of private property, posing a threat to public health or safety; b. Hazardous Materials Remove and/or abate hazardous and toxic substances threatening public health and safety; c. Temporary Setbacks Create and maintain such additional temporary building setbacks to assure emergency and through movement of vehicles and pedestrians essential for recovery management; d. Prohibition of Access Prohibit public access to areas damaged and/or hazardous to public health; e. Other Take such other actions, which, in the judgment of the Director, are reasonably justified for protection of public health and safety, provision of emergency ingress and egress, assurance of firefighting or ambulance access, restoration of infrastructure, and mitigation of hazardous conditions. Commentary. Although clearance of privately owned debris is routinely considered a function of local government, it can become very controversial where owners take the position that such property is salvageable and has value (e.g., used brick after an earthquake). Pre event adoption of such a provision reinforces the expectation that debris clearance functions will be carried out decisively, thus minimizing a problem otherwise compounded by hesitation or ambiguity of intention on the part of the city. 9.4 Damage Assessment and Placarding. The Director shall direct damage assessment teams having authority to conduct field surveys of damaged structures and post placards designating the condition and permitted occupancy of such structures as follows: Commentary. Damage assessment and the placement of placards identifying whether buildings are safe or unsafe to occupy are two functions having perhaps more profound effects on life, property, and recovery than any other within the post disaster decision sequence towards which provisions of these temporary regulations are directed. Damage assessment is undertaken by various entities following a major disaster, usually the city and FEMA. There is at least a twofold purpose for these inspections. One purpose is to determine the degree of structural damage of each building and notify the public about the relative safety of entry and occupancy. This has been a long standing duty under local government health and safety responsibilities with which building departments are familiar. The other purpose is to quickly estimate the approximate replacement costs of damaged buildings and other property in order to inform the state and federal governments of dollar amounts needed for emergency legislative authorizations. The latter purpose is fraught with difficulty to the extent that hurriedly conducted damage assessments can miss substantial elements of damage and corresponding costs. Moreover, local expertise tends to be limited in the area of deploying common standards and procedures for determining structural damage in order to assess damage in a truly comparable manner. The most important element of all these concerns is the establishment of standard identification of structural damage both in gross general terms reflected in the red, yellow, and green tag placard systems. The placard language below is adapted from Model Ordinances for Post Disaster Recovery B-12 CEMP

47 Section 3 and Reconstruction initially published by the California Governor's Office of Emergency Services, now the California Emergency Management Agency. The procedures used to make these basic safety distinctions in the California model ordinance are based on detailed post disaster inspection methods described by the Applied Technology Council in ATC 20, Procedures for Postearthquake Safety Evaluation of Buildings and ATC 20 2 Addendum: a. Inspected Lawful Occupancy Permitted is to be posted on any building in which no apparent structural hazard has been found. This does not mean other forms of damage that may not temporarily affect occupancy. b. Restricted Use is to be posted on any building in which damage has resulted in some form of restriction to continued occupancy. The individual posting this placard shall note in general terms the type of damage encountered and shall clearly and concisely note the restrictions on continued occupancy. Commentary. This is commonly known as the "green tag" placard. Commentary. This is commonly known as the "yellow tag" placard. c. Unsafe Do Not Enter or Occupy is to be posted on any building that has been damaged to the extent that continued occupancy poses a threat to life safety. Buildings posted with this placard shall not be entered under any circumstances except as authorized in writing by the department that posted the building or by authorized members of damage assessment teams. The individual posting this placard shall note in general terms the type of damage encountered. This placard is not to be considered a demolition order. This chapter and section number, the name of the department, its address, and phone number shall be permanently affixed to each placard. Once a placard has been attached to a building, it shall not be removed, altered, or covered until done so by an authorized representative of the department or upon written notification from the department. Failure to comply with this prohibition will be considered a misdemeanor punishable by a $500 fine. Commentary. This is commonly known as the "red tag" placard. Damage and Safety Evaluation of Buildings/P rocedures for Postearthquake Safety Evaluation of Buildings Addendum/flypage.tpl.html 9.5 Development Moratorium. The Director shall have the authority to establish a moratorium on the issuance of building permits, approval of land use applications or other permits and entitlements related to the use, development, and occupancy of private property authorized under other chapters and sections of the Municipal Code and related ordinances, provided that, in the opinion of the Director, such action is reasonably justifiable for protection of life and property and subject to the following: a. Posting Notice of the moratorium shall be posted in a public place and on the Internet, and shall clearly identify the boundaries of the area(s) in which moratorium provisions are in effect, and shall specify the exact nature of the development permits or entitlements that are temporarily held in abeyance; b. Duration The moratorium shall be in effect subject to review by the City Council at the earliest possible time, but no later than 90 days, at which time the Council shall take action to extend, modify, replace, or terminate such moratorium through separate ordinance. Commentary. After disasters, a prevailing sentiment may often be to act quickly to replicate pre disaster building patterns in an effort to restore normalcy. In many instances, this sentiment CEMP B-13

48 Section 3 prevails as public policy despite the presence of a severe natural hazard condition, thereby reinforcing the chances of repetitive losses. Many examples exist of communities which have allowed rebuilding in a manner that ignored known hazardous conditions, whereas intervention was needed to create greater safety. To prevent or reduce repetitive losses, a city may choose to interrupt and forestall rebuilding long enough to assess options for avoiding placing buildings and people back in harm s way. This can be done by establishing an emergency moratorium on issuance of repair and rebuilding permits or on land use approvals in areas where severely hazardous conditions are identified. The hazard may be newly detected, as in a post earthquake circumstance where the pattern of structural damage, recent flooding, fresh landslides, or ground subsidence may indicate the need for engineering studies to clearly identify hazards and determine proper solutions. A moratorium on development may be important for a city to undertake from the standpoint of informed public policy. However, such actions tend to be controversial and unpopular, so it is important to lay the groundwork with the community in advance, if possible. This subsection provides prior authorization through adoption of this ordinance before a major disaster, enabling city staff to act expeditiously in a post disaster setting to forestall premature issuance of permits in areas shown to be hazardous. Such action is necessarily subject to Council review, ratification, modification, or termination. 9.6 Temporary Use Permits. The Director shall have the authority to issue permits in any zone for the temporary use of property that will aid in the immediate restoration of an area adversely impacted by a major disaster, subject to the following provisions: 1 Critical Facilities Any police, fire, emergency medical, or emergency communications facility that will aid in the immediate restoration of the area may be permitted in any zone for the duration of the declared emergency. 2 Other Temporary Uses Temporary use permits may be issued in any zone, with conditions, as necessary, provided written findings are made establishing a factual basis that the proposed temporary use: 1) will not be detrimental to the immediate neighborhood; 2) will not adversely affect the Comprehensive General Plan or any applicable specific plan; and 3) will contribute in a positive fashion to the reconstruction and recovery of areas adversely impacted by the disaster. Temporary use permits may be issued for a period of one year following the declaration of local emergency and may be extended for an additional year, to a maximum of two years from the declaration of emergency, provided such findings are determined to be still applicable by the end of the first year. If, during the first or the second year, substantial evidence contradicting one or more of the required findings comes to the attention of the Director, then the temporary use permit shall be revoked. Commentary. Most zoning ordinances have no provisions for temporary use of property following a disaster. A few allow temporary placement of mobile homes on residentially zoned sites pending reconstruction of a residence. Time limits vary, but are usually for a two year period. After a disaster, special latitude may be needed, however, to support various recovery needs. Care must be taken not to set precedents that will erode or destroy a pre existing pattern of zoning that the city may wish to protect. The language within this section is modeled after provisions of the Los Angeles recovery ordinance adopted after the Northridge earthquake, titled Temporary Regulations Relating to Land Use Approvals for Properties Damaged in a Local Emergency. That B-14 CEMP

49 Section 3 ordinance was geared toward the needs of a large and diverse city. Smaller communities may wish to restrict temporary uses to those already allowed by existing zoning, limiting the provision to temporary structures such as tents, domes, or mobile units. 9.7 Temporary Repair Permits. Following a disaster, temporary emergency repairs to secure structures and property damaged in the disaster against further damage or to protect adjoining structures or property may be made without fee or permit where such repairs are not already exempt under other chapters of the Municipal Code. The building official must be notified of such repairs within 10 working days, and regular permits with fees may then be required. Commentary. This provision is specifically written for repairs which may not be exempt under standard building code permit exemptions but which are justifiable from a public health and safety standpoint to avoid further damage to property after a disaster. It is modeled after a provision of a post disaster rebuilding ordinance adopted in 1992 by the County of San Bernardino shortly after the Landers Big Bear earthquake. Written before the earthquake, the ordinance was based on a pre event study titled Post Disaster Rebuilding Ordinance and Procedures, which included a survey of top managers and elected officials regarding various post disaster rebuilding provisions, such as for nonconforming buildings and uses. Because of the pre event involvement of top managers and elected officials, it was adopted after the earthquake with no controversy. 9.8 Deferral of Fees for Repair and Rebuilding Permits. Except for temporary repairs issued under provisions of this chapter, all other repairs, restoration, and reconstruction of buildings damaged or destroyed in the disaster shall be approved through permit under the provisions of other chapters of this Code. Fees for such repair and reconstruction permits may be deferred until issuance of certificates of occupancy. Commentary. Pressure to waive processing fees frequently arises after a disaster when victims are unsure of their sources of financing for rebuilding. It may be inadvisable to succumb to pressures to waive fees due to the ongoing need for cost recovery for disaster related services at a time revenue flows are uncertain. As an alternative, local governments can buy time by deferring fees to determine the degree to which funds will be found at a later time to help offset victims fee costs. For example, sometimes the cost of processing fees may be covered by insurance or by federal funds. Deferral of fees until occupancy permit issuance buys time during which to ascertain possible alternate sources without injuring necessary revenue flows to the city treasury. This provision is modeled after similar language in the Los Angeles temporary regulations. 9.9 Nonconforming Buildings and Uses. Buildings damaged or destroyed in the disaster that are legally nonconforming as to use, yards, height, number of stories, lot area, floor area, residential density, parking, or other provisions of the Municipal Code may be repaired and reconstructed in kind, provided that: a. The building is damaged in such a manner that the structural strength or stability of the building is appreciably lessened by the disaster and is less than the minimum requirements of the Municipal Code for a new building; b. The cost of repair is greater than 50 percent of the replacement cost of the building; c. All structural, plumbing, electrical, and related requirements of the Municipal Code are met at current standards; d. All natural hazard mitigation requirements of the Municipal Code are met; CEMP B-15

50 Section 3 e. Reestablishment of the use or building is in conformance with the national Flood Insurance Rate Map requirements and procedures; f. The building is reconstructed to the same configuration, floor area, height, and occupancy as the original building or structure; g. No portion of the building or structure encroaches into an area planned for widening or extension of existing or future streets as determined by the comprehensive general plan or applicable specific plan; h. Repair or reconstruction shall commence within two years of the date of the declaration of local emergency in a major disaster and shall be completed within two years of the date on which permits are issued. i. Nothing herein shall be interpreted as authorizing the continuation of a nonconforming use beyond the time limits set forth under other sections of the Municipal Code that were applicable to the site prior to the disaster. Commentary. No recovery issue can be more vexing to planners than whether or not to encourage reestablishment of nonconforming uses and buildings after a disaster. Planners have sought for decades to write strict provisions in zoning ordinances designed to gradually eliminate nonconforming uses or buildings as they were abandoned, changed owners, or were damaged by fire, wind, or water. Such provisions normally prohibit reestablishment of nonconforming uses and buildings where damage exceeds a certain percentage of replacement cost, most often 50 percent. This approach is logical, orderly, and normally equitable when weighing community interests balanced with those of the property owner. However, the thinking behind such provisions has been geared to incremental adjustments or termination of such uses over time, not to sudden circumstances forcing disposition of such uses as a class at a single point in time. In theory, disasters are seen as an opportunity to eliminate uses that conflict with the prevailing pattern in a neighborhood but that remain because of legal nonconforming status for example, scattered industrial uses in a residentially zoned neighborhood. In reality, local governments are beset after a disaster by pressures from property owners and other interests to reestablish the previous development pattern, including nonconforming buildings and uses. Such pressures extend beyond the demand to reestablish nonconforming buildings or uses to include waiver of current building, plumbing, and electrical code provisions to the standards in place at the time of construction. From a risk management, liability exposure, or public safety standpoint, acquiescence to the reduction of such basic health and safety standards in the face of a known hazard can be seen as unacceptable. However, zoning provisions hindering reestablishment of nonconforming buildings or uses tend to be more arguable and are more likely to be modified by city councils under pressures of the moment to restore the status quo. In recognition of such pressures, this model ordinance language offers a straightforward tradeoff approach allowing reestablishment of a nonconforming use or building in return for strict adherence to current structural, plumbing, and electrical code and hazard mitigation requirements. The language assumes existence of a provision commonly found in the Municipal Code authorizing repair or reestablishment of a nonconforming use or building where damage is less than 50% of the replacement cost. It also assumes the building was substantially weakened by the disaster and is below code requirements. This compromise approach recognizes that its application may require the unwelcome decision to accept continuation of disorderly B-16 CEMP

51 Section 3 land use patterns, unless a solution can be found through redevelopment or rezoning. Instead, it places a high value on life safety. It is important to note that the language of these provisions includes the following important limitations on the economic incentive to reestablish the nonconforming use or building. 1) It does not extend any previously stipulated life of the nonconforming use this is an important disincentive if the costs of replacement cannot be offset by insurance, FEMA assistance, SBA loans or other sources of financial support. 2) It does not allow the extent of nonconformance to be increased over that which existed prior to the disaster, thwarting another common pressure. 3) It requires strict adherence to current structural, plumbing, electrical, and other requirements of the Municipal Code as well as any street setbacks stipulated within the comprehensive plan circulation element and related ordinances. This may be especially costly from a structural standpoint, for example, when replacing previously unreinforced masonry buildings after a devastating earthquake. 4) It recognizes that compliance with more stringent hazard mitigation requirements may be needed, especially in cases involving increased on site hazards because of fault rupture, landsliding, coastal erosion, or severe flooding where upgrading to current structural, plumbing, and electrical code requirements isn t enough. Compliance with the latter provision may also be sufficiently costly to discourage reestablishment of the use or other nonconforming feature. The relative importance of post disaster reestablishment of nonconforming uses and buildings may vary from one jurisdiction to another. Therefore, the most useful time to assess this aspect of post disaster recovery is before a major disaster, in the course of pre event planning. Education of the city council in advance can help lessen post disaster tendencies to compromise critical hazard mitigation and public safety requirements, notwithstanding the outcome on nonconforming use and building requirements One Stop Service Center for Permit, Economic, and Housing Assistance. The Recovery Management Organization shall coordinate the establishment of a one stop center, staffed by representatives of pertinent City departments, and staff of cooperating organizations, for the purpose of providing coordinated services and assistance to disaster victims for purposes including but not limited to: permit processing to expedite repair of buildings, provision of housing assistance, and encouragement of business resumption and industrial recovery. The Director shall establish such center and procedures in coordination with other governmental entities that may provide services and support, such as FEMA, SBA, HUD, or the State Emergency Management Agency (or equivalent). Commentary. One stop service centers have become more common with recent disasters, often combining the presence of multiple agencies to provide better coordination of information needed by disaster victims to obtain essential public and insurance services and to rebuild. A prime example was the Community Restoration and Development Center established by the City of Oakland shortly after the 1991 Oakland Hills Firestorm and operated until mid 1994 with financial support from FEMA. Benefits to be gained for establishing a special one stop center include accelerated information, integration of services, and expedited permitting. Setting up a specialist team working exclusively on repair and rebuilding permit issues has the added advantage of insulating normal development review from disruption by the recovery process and vice versa. CEMP B-17

52 Section Emergency Contractor and Volunteer Certification. The Recovery Management Organization shall have authority to establish a standard certification process for all contractors and volunteers seeking to provide clean up, repair, or construction services within areas that have experienced disaster damage. In order to be eligible, contractors and volunteers must obtain the proper certification using the following process. 1 Application for Contractor Certification. Contractors must apply for Contractor Certification at a one stop center with the location and hours identified by the City. An application processing fee of $25.00 is required for each contractor firm and may be paid in cash or by check made payable to the City. 2. Application Requirements. Contractors seeking certification must meet the following minimum insurance and background check requirements. a. Staff will verify that contractors are properly registered and/or licensed with the state contractors licensing agency of the state within which their business is headquartered. b. The Police Department will conduct a criminal background check on each worker that will be performing services for the contractor s firm. c. Contractors must be licensed for their respective trades through the state contractors licensing agency within which their business is headquartered and meet minimum insurance required by that state. All other contractor firms seeking to perform projects with a scope of work that exceeds a cost of $2,000 must provide proof of a general liability insurance policy for an amount lot less than $1,000, Certification Enforcement. Contractors are subject to the following certification enforcement requirements. a. Proof of certification will be a City issued photo identification badge for each worker performing clean up, repair, or construction services within disaster damaged areas. This must be displayed by each worker at all times within the designated area. Replacement badges will be issued at a cost of $ b. Individuals without an identification badge will not be permitted to perform cleanup, repair, or construction services. c. Contractors failing to register will be subject to a fine of $ per day or be subject to imprisonment for not more than 30 days. Each day a violation occurs will constitute a separate offense. d. The City retains the right to suspend or revoke the Contractor Certification. 4. Volunteer Certification. Persons volunteering their efforts without compensation for disaster clean up, repair, or construction services must also apply for emergency certification as a volunteer at a one stop center and receive a photo identification badge. No application processing fee is required for a Volunteer Certification. However, volunteers certified to assist with clean up, repair, or construction services must be affiliated with a charitable, non profit organization meeting all preceding Contractor Certification insurance and enforcement requirements. Commentary. The phenomenon of unscrupulous actions by contractors or persons posing as contractors after a disaster by which advantage is taken of helpless disaster victims is a widely recognized and repetitive problem for which there is little guidance in the professional recovery management literature. The preceding emergency contractor certification provisions have been B-18 CEMP

53 Section 3 adapted from a program established by the City of Cedar Rapids, Iowa, following a severe flood in Through implementation of this program, the City of Cedar Rapids turned down over 200 applications for emergency contractor certifications, and made over 30 arrests for program violations. Through notification of over 10,000 contractors, the program also had a substantial preventive effect, discouraging otherwise unscrupulous persons from attempting to take advantage of the post flood recovery situation. Although volunteers were certified and issued badges without charge by the City of Cedar Rapids, their program did not explicitly address volunteer certification. Therefore, language is included that addresses this need. Since many cities do not wish to discourage volunteer assistance by the imposition of a seemingly unnecessary requirement, it is a sensitive provision and should be thought through carefully as to how it might work without posing needless barriers to volunteer efforts before inclusion in a local ordinance Temporary and Permanent Housing. The Director shall assign staff to work with FEMA, SBA, HUD, the State Emergency Management Agency (or equivalent), and other appropriate governmental and private entities to identify special programs by which provisions can be made for temporary or permanent replacement housing which will help avoid undue displacement of people and businesses. Such programs may include deployment of mobile homes and mobile home parks under the temporary use permit procedures provided in Section 9.6 of this chapter, use of SBA loans and available Section 8 and Community Development Block Grant funds to offset repair and replacement housing costs, and other initiatives appropriate to the conditions found after a major disaster. Commentary. The issue of post disaster temporary and permanent replacement housing has grown to one of critical dimensions since Hurricane Katrina. After that event, thousands of households were temporarily housed in trailers for periods far longer than anticipated, under unhealthy conditions due to faulty mobile home design. Relatively little progress has been made since then in finding effective ways by which to handle this issue on a broad scale. This section is essentially a placeholder for language that preferably should be made more specific on the basis of a pre event plan that anticipates the local levels of housing vulnerability and identifies potential solutions. A great deal more research is needed to find satisfactory solutions for prompt, efficient provision of both interim and replacement housing. With possible downsizing of federal budgets in future years, this issue will become more critical. Also needed is research on feasible incentives for retrofitting a substantial portion of the existing housing stock to reduce vulnerability and risk. This is true in western states susceptible to heightened earthquake risk and for Midwestern and southeastern states under continuing threats of hurricane, tornado, and severe storm damage Demolition of Damaged Historic Buildings. The Director shall have authority to order the condemnation and demolition of buildings and structures damaged in the disaster under the standard provisions of the Municipal Code, except as otherwise indicated below: 13.1 Condemnation and Demolition. Within days after the disaster, the building official [or equivalent] shall notify the State Historic Preservation Officer that one of the following actions will be taken with respect to any building or structure determined by the building official to represent CEMP B-19

54 Section 3 an imminent hazard to public health and safety, or to pose an imminent threat to the public right of way: a. Where possible, within reasonable limits as determined by the building official, the building or structure shall be braced or shored in such a manner as to mitigate the hazard to public health and safety or the hazard to the public right of way; b. Whenever bracing or shoring is determined not to be reasonable, the building official shall cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition shall be performed in the interest of public health and safety without a condemnation hearing as otherwise required by the Municipal Code. Prior to commencing demolition, the building official shall photographically record the entire building or structure Notice of Condemnation. If, after the specified time frame noted in Subsection 8.1 of this chapter and less than 30 days after the disaster, a historic building or structure is determined by the building official to represent a hazard to the health and safety of the public or to pose a threat to the public right of way, the building official shall duly notify the building owner of the intent to proceed with a condemnation hearing within business days of the notice in accordance with Municipal Code Section ; the building official shall also notify FEMA, in accordance with the National Historic Preservation Act of 1966, as amended, of the intent to hold a condemnation hearing Request to FEMA to Demolish. Within 30 days after the disaster, for any historic building or structure that the building official and the owner have agreed to demolish, the building official shall submit to FEMA, in accordance with the National Historic Preservation Act of 1966, as amended, a request to demolish. Such request shall include all substantiating data Historic Building Demolition Review. If after 30 days from the event, the building official and the owner of a historic building or structure agree that the building or structure should be demolished, such action will be subject to the review process established by the National Historic Preservation Act of 1966, as amended. Commentary. A difficult aspect of recovery in older communities is dealing with damaged historic structures. Since these can be very old, measures needed to make them structurally sound may be more difficult and costly than normal. Because of the controversy frequently associated with this issue, vocal opposition may emerge when a badly damaged historical structure is considered for demolition. Therefore, it is wise to have language already in place to guide planning and building officials who may be involved. The National Historic Preservation Act of 1966, as amended, identifies steps that must be taken by a jurisdiction or owner to mitigate public health and safety hazards resulting from disaster caused damage. The intent is to establish predictable rules by which proposed demolitions, except in extreme cases of danger to the public, can be reviewed by state and federal officials in order to provide time to identify preservation options. The review process is intended to discourage hasty demolition action by local officials when such action may not be justified. B-20 CEMP

55 Section 3 The preceding language is adapted from provisions of the Uniform Code for the Abatement of Dangerous Buildings. It provides specific time frames and actions for abatement of hazards created by damage to historic buildings. The important element of judgment here is the establishment of a specific time frame for declaring a structure an imminent hazard to public health and safety justifying immediate demolition without a condemnation hearing. Such time frames are generally from three to five days, though sometimes stretched to ten. After the established time frame, the threat may no longer be justified as imminent and, therefore, the remaining procedures kick in Severability. If any provision of this chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which can be implemented without the invalid provision, and, to this end, the provisions of this ordinance are declared to be severable. CEMP B-21

56 Section 3 SHORT-TERM RECOVERY PLAN ATTACMENT C ACRONYMS AND ABBREVIATIONS ADA Americans with Disabilities Act ARC Area Recovery Council CCP Crisis Counseling Program CDBG Community Development Block Grant CFR Code of Federal Regulations CRS Community Rating System CEMP- Comprehensive Management Plan COG Continuity of Government COOP Continuity of Operations DAT Damage Assessment Team DSS Department of Social Services DFO Disaster Field Office DMA 2000 Disaster Mitigation Act of 2000 DRC Disaster Recovery Center DUA- Disaster Unemployment Assistance EMAC Emergency Management Assistance Compact EHP Environmental Historic Preservation EPA Environmental Protection Agency FSA Farm Service Agency FCO Federal Coordinating Officer FDRC Federal Disaster Recovery Coordinator FEMA Federal Emergency Management Agency HIRA Hazards Identification and Risk Assessment HMGP Hazard Mitigation Grant Program HSPD Homeland Security Presidential Directive IAP Incident Action Plan IA Individual Assistance IHP Individuals and Households Program JIC Joint Information Center LDRM Local Disaster Recovery Manager MOUs Memorandum of Understanding MAA Mutual Aid Agreement NDRF National Disaster Recovery Framework NFIP National Flood Insurance Program NGO Non-Governmental Organizations ONA Other Needs Assistance PDA Post Disaster Damage Assessment PA Public Assistance PNP Private Nonprofit PW Project Worksheet RSF Recovery Support Function SBA Small Business Administration SCDOT South Carolina Department of Transportation SCEMD South Carolina Emergency Management Division SDRC State Disaster Recovery Coordinator CEMP C-1

57 STREET Short-Term Recovery Evaluation Team THIRA - Threats and Hazards Identification and Risk Assessment TTY - Teletypewriter USACE U.S. Army Corps of Engineers

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