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Monday, September 12, 2016 Disaster Recovery 1

Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

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Page 1: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Monday, September 12, 2016

Disaster Recovery

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Page 2: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Our Guest

• James C. Schwab, FAICP

– Manager, Hazards Planning Center, American Planning Association

[email protected]

312.786.6364

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Page 3: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

And Your Co-Hosts

• Prof. Daniel R. Mandelker, FAICP

– Washington University School of Law

• Dwight Merriam, FAICP

– Robinson & Cole LLP

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Page 4: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

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Why Does Better Planning for Disaster Recovery Even Matter?

• Reduced losses make for a

more resilient community

• Pre-disaster planning can prepare city staff for a more efficient recovery when disaster occurs

• Post-disaster recovery operates more smoothly with a recovery organization already in place

Page 5: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Where Hazard Mitigation Planning Fits into the Picture

• Purpose of Disaster

Mitigation Act of 2000

• LHMP needed for eligibility for federal mitigation grants (no plan, no money)

• Integrating hazard mitigation into the planning process

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Page 6: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

How Does Effective Integration of Hazard Mitigation Work?

• Community Visioning and Goal

Setting • Elements in Plan Making

– Hazard element in comp plan – Link to other elements where

relevant – Tie to area and functional plans

• Implementation tools – Zoning, subdivision, etc.

• Development work • Capital improvements

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Page 7: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Why Plan for Recovery?

• Pre-disaster plans for recovery – Policy issues – Recovery organization – Recovery ordinance (see

https://planning-org-uploaded-media.s3.amazonaws.com/legacy_resources/research/postdisaster/pdf/modelrecoveryordinance.pdf)

• Post-disaster plans for recovery – Identify patterns of damage – Specific urban design and relocation

decisions – Facilitate economic recovery

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Page 8: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

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Goals and Policies in Recovery

• Opportunities for Mitigation

– Building and development codes

– Voluntary structural mitigation

– Upgrades and repairs

– Land acquisition and relocation

– Infrastructure decisions

• Reconstruction Standards

• Infrastructure Restoration

• Housing Recovery

• Economic Redevelopment

Page 9: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

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Goals and Policies in Recovery

• Environmental Restoration

– Habitat

– Parks and Recreation

– Green Infrastructure

• Public Health/Social Issues

– Mental Health

– Health Facilities

– Reopening Schools

– Social Services

Page 10: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Planning the Recovery Plan

• Initiating the Process

• Public Participation

• Research and Analysis

• Stakeholder Input

• Preparing and Adopting the Plan

• Implementation

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Page 11: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Implementing Recovery

• Practice makes perfect: using the plan before disaster strikes – Adopting the needed

codes

– Advance contracts and mutual aid agreements

– Drills and simulation

– List of financial aid sources

– Maintenance and review

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Page 12: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Implementing Recovery

• Implementing in the wake of disaster – Activation

– Adopting the recovery plan

– Managing recovery: who does what?

– The value of partnership

– Whole community: getting people involved

– Recovery indicators

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Page 13: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Financing Recovery

• Fiscal impact of disaster

• Financing strategy

• Key sources of funds

– APA online inventory: https://www.planning.org/research/postdisaster/programs.htm

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Page 14: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Legal Issues

• Development moratorium – Why:

• clear debris

• stabilize hazardous situations

• consider new standards

• explore mitigation options

• Temporary regulations – Largely same rationale as moratorium

• Nonconforming uses – Raft of newly created nonconformities may overwhelm

system and require consideration of alternatives

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Page 15: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Legal Issues

• Emergency demolitions

• Historic preservation

• Acquisitions and relocation

• Emergency contractor & volunteer certification – Why: Need to protect residents and business owners

from actions of unscrupulous contractors who often descend on disaster-stricken communities

– APA model provision based on successful program in Cedar Rapids, IA, after 2008 floods

– Less strenuous provisions for volunteers

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Page 16: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

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“I Want to See You Be Brave”

• Confronting impacts of climate change

• Adaptive learning from disaster

• Sustainability and resilience

http://reports.abag.ca.gov/ppp/2015/section-2.php

Page 17: Disaster Recovery - Robinson+Cole · Where Hazard Mitigation Planning Fits into the Picture •Purpose of Disaster Mitigation Act of 2000 •LHMP needed for eligibility for federal

Q and A

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