HomeMy Public PortalAbout1992-70 Assuring Federal Insurance Administration of Village ActionsRESOLUTION NO. 92-70
RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA ASSURING THE FEDERAL INSURANCE
ADMINISTRATION THAT THE VILLAGE WILL ENACT AS
NECESSARY ADEQUATE LAND USE AND CONTROL
MEASURES WITH EFFECTIVE ENFORCEMENT PROVISIONS
IN THOSE AREAS HAVING FLOOD OR FLOOD RELATED
EROSION HAZARDS; VESTING THE VILLAGE MANAGER
OR HIS DESIGNEE WITH AUTHORITY AND MEANS TO
ASSIST, PROVIDE INFORMATION AND COOPERATE WITH
THE ADMINISTRATOR AND OTHER AGENCIES IN
DELINEATING AND IDENTIFYING FLOOD OR FLOOD
RELATED EROSION HAZARDS; APPOINTING THE
VILLAGE MANAGER OR HIS DESIGNEE IN CHARGE OF
MAINTAINING RECORDS FOR PUBLIC INSPECTION;
AUTHORIZING TRANSMITTAL; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE
WHEREAS, certain areas of the Village of Key Biscayne may be
or are subject to periodic flooding, or flood -related erosion,
causing serious damage to properties within these areas; and
WHEREAS, relief is available in the form of federally
subsidized flood insurance as authorized by the National Flood
Insurance Act of 1968; and
WHEREAS, it is the intent of the Mayor and Village Council to
require the recognition and evaluation of flood, or flood -related
erosion hazards in all official actions relating to the land use in
areas having these hazards; and
WHEREAS, this body has the legal authority to adopt land use
and control measure to reduce future flood losses pursuant to
Chapters 163 and 166 of the Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE
COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. The Village hereby assures the Federal Insurance
Administration that it will enact as necessary, and maintain in
force in those areas having flood, or flood -related erosion
hazards, adequate land use and control measures with effective
enforcement provisions consistent with the Criteria set forth in
Part 60 of the National Flood Insurance Program Regulations
Section 2. The Village vests the Village Manager or his
designee with the responsibility, authority and means to:
a. Assist the Administrator, at his request, in his
delineation of the limits of the area having special flood, or
flood -related erosion hazards.
b. Provide such information as the Administrator may
request concerning present uses and occupancy of the flood plain,
or flood -related erosion areas.
c. Cooperate with federal, state and local agencies and
private firms which undertake to study, survey, map and identify
flood plain, or flood -related erosion areas, and cooperate with
neighboring communities with respect to management of adjoining
flood plain, and/or flood -related erosion areas in order to prevent
aggravation of existing hazards.
d. Upon occurrence, notify the Administrator, in
writing, whenever the boundaries of the community have been
modified by annexation or the community has otherwise assumed or no
longer has authority to adopt and enforce flood plain management
regulations for a particular area. In order that all Flood Hazard
Boundary Maps and Flood Insurance Rate Maps accurately represent
the community's boundaries, include within such notification a copy
of a map of the community suitable for reproduction, clearly
delineating the new corporate limits or new plain management
regulatory authority.
Section 3. The Village appoints the Village Manager or his
designee to maintain for public inspection and to furnish upon
request for determination of applicable flood insurance risk
premium rates within all areas having special flood hazards
identified on a Flood Hazard Boundary Map or Flood Insurance Rate
Map, any certificates of flood -proofing and information on the
elevation (in relation to mean sea level) of the level of the
lowest floor (including basement) of all new or substantially
improved structures and include whether or not such structures
include a basement, and if the structure has been flood -proofed.
Section 4. The Village Manager or his designee is hereby
authorized to take such other official action as may be reasonably
necessary to carry out the objectives of the program.
Section 5. The Village Clerk is hereby instructed to transmit
a copy of this Resolution to the Federal Insurance Administrator.
Section 6. Severability. The provisions of this resolution
are declared to be severable and if any section, sentence, clause
or phrase of this resolution shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this resolution but they shall remain in effect, it being the
legislative intent that this resolution shall stand notwithstanding
the invalidity of any part.
Section 7. Effective Date. This Resolution shall take effect
immediately upon adoption.
PASSED AND ADOPTED this 22nd day of December , 1992.
ATTEST:
VILLAGE < LERK
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RAFAEI�
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APPROVED AS TO LEGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
H. CONTE, MAYOR