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03-06-2012 (Impact Fee Advisory) Agenda Packet Impact Fee Advisory Committee AA %..) vr (r?' .- . 1 4 ii/sr, .-.4,, F ------/ ..... nr ,A. _ 1 \ /" �/ \- ------ ---z-r-ai - ii, h io ?II lu, ,/ ,,- rin w ri. ,,,,Fii___ :1,1L- _AL ,., ,,- :2:2-,IL Iler . e f,:, -,/ __,/ 11 ,/ m-------,=17\74--,, --.N_ ke______, ,,,,.. \77 .r. ivve IL'ii- jr-AP"`"A ICoi \ ,,/ ----'--.1 4-411`'‘‘k ,-.Fri-Te%,-- _sN_-,.. \ --/ _j( _________!,-\-7),,.:(i \vc4\y/ A (F-=,_ ,s -1;.0(7,\‘ -=\,.:.: \: Acbk. At 010F, COLORA O k. dam is toy A F E RAIL Lit,1 rO ° 1 8 8 7 © lv -10)‘ March , 2012 Impact Fee Advisory Committee CITY OF WYLIE NOTICE OF MEETING Meeting Agenda Tuesday, March 6, 2012 — 6:30 P.M. Wylie Municipal Complex — Council Chambers 300 Country Club Rd., Bldg. 100 Phillip Johnston Chair Gilbert Tamez Vice-Chair David Dahl Board Member Matthew Kirk Board Member Ramona Kopchenko Board Member Ron Smith Board Member Ruthie Wright Board Member Tommy Pulliam Board Member Renae 011ie Planning Director Charles H. Lee, Jr.,AICP Senior Planner Jasen Haskins Assistant Planner Mary Bradley Administrative Assistant In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Chair and Board request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. CONSENT AGENDA A. Consider and act upon approval of the Minutes from the February 21, 2012 Meeting. March 6,2012 Impact Fee Advisory Committee Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA Action Agenda 1. Consider and Act upon approval of written comments and direct a member of the committee to file the written comments with the Planning Director no later than before the 5th business day before the date of the public hearing to be held by the City Council regarding Comprehensive Land Use Plan, Land Use Assumptions, Capital Improvement Plan and modifications of impact fees. ADJOURNMENT CERTIFICATION I cent fy that this Notice of Meeting was posted on this 2"a day of March, 2012 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed This page is intentionally blank Impact Fee Advisory Committee CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday February 21,2012—6:30 pm Wylie Municipal Complex—Council Chambers 300 Country Club Road,Building 100 CALL TO ORDER Chairman Phillip Johnston called the meeting to order at 6:31PM. Present with Chairman Johnston were, Vice-Chairman Commissioner Gilbert Tamez, Commissioner Ruthie Wright, Commissioner Matt Kirk, and Commissioner David Dahl. Commissioner Ron Smith and Commissioner Ramona Kopchenko were absent. Staff present was Renae' 011ie, Planning Director, Charles Lee, Senior Planner, Jasen Haskins,Assistant Planner, and Mary Bradley,Administrative Assistant. REGULAR AGENDA Action Agenda 1. Consider and act upon approval of written comments and direct a member of the committee to file the written comments with the Planning Director no later than before the 5th business day before the date of the public hearing to be held by the City Council regarding Land Use Assumptions, Capital Improvement Plan and modifications of impact fees. Ms. 011ie reviewed the purpose of the Impact Fee Advisory Committee, stating that the last meeting was September 18, 2007. The Committee will review the proposed Comprehensive Land Use Plan, which was done in 1999 and amended in 2006; as well as the Capital Improvement Projects and the Impact Fees. In 1999 the Comprehensive Land Use Plan was broken down in three residential components; Country Residential over one acre lots, Suburban Residential 8,500 square foot lots and Village Center Residential less than 8,500 square foot. In 2006, Council had the vision of lower density for residential, therefore a partial amendment was done to the Comp Plan. A Comprehensive Plan Philosophy was created, which deleted the three previous residential components and added a High, Medium and Low Density. Basically the Medium Density size lots went from 8,500 to 10,000 square foot lots. On the Planning side of the Comp Plan, it is not just a map, but rather a philosophy, elements for how the city grows, commercial, economic, educational, public infrastructure. The proposed Comp Plan is taken Minutes February 21,2012 Impact Fee Advisory Committee Page 1 of 4 from 1999, amendment in 2006, from 2006 to today and combined together with Strategic Plan from Council vision. The Comp Plan is not zoning. The Comp Plan is a policy put into place of how you want the city to develop. From those policies,the City Engineer,Mr. Chris Holsted, and Consultant Mr. Joe Carter, work on how the infrastructure needs to be to get there. Ms. 011ie introduced Mr. Joe Carter, with Birkhoff, Hendricks, and Carter, LLP, 11910 Greenville Avenue, Suite 600, Dallas, Texas, consultant that provides assumptions for Capital Improvement Plan and water and how we go from our Land Use Plan to get actual rates. Mr. Carter stated that in 2006, Birkhoff, Hendricks, and Carter, along with Engineer and Planning Department worked together to come up with maximum amount that can be charged for Impact Fees in 2006. This was based on new vision for the city's growth for development, reducing high density, which affects the infrastructure for Capital Improvements. The city is continuing to experience an increase in population, housing, and commercial development activity, although the rapid growth experienced through the early 2000's began tapering down in 2006-2007 due to a variety of economic factors. Accordingly, it is anticipated that the city has the lot inventory to maintain the increases in population and housing growth experienced over the last few years. Mr. Carter stated that in comparison to the maximum rates to be charged allowed in 2006, the proposed rates water is increased, due to a projected increase of population over the next ten years and the wastewater is decreased, due to the City's system is pretty much built to what it needs to be for the next ten years. Mr. Carter stated that his company provides the maximum number charge, based on the planning, comprehensive land use plan, the population growth, distribution center for water, and collection system for the sewer. Ms. 011ie questioned Mr. Carter if the Comp Plan was not approved, that the decision was to leave the Comp Plan as it is, how would that affect the proposed rates, these rates need to happen regardless of what happens to the Comp Plan. Mr. Carter stated that the results may have a slight impact on the city needs on infrastructure. Committee Member Pulliam questioned if a survey was completed from the surrounding cities in comparison to the proposed impact fees. Mr. Carter stated that his firm was not directed to do the comparison. Committee Member Pulliam expressed concerned about several restaurants interested in coming to Wylie, until they find out the impact fees and going to adjacent or one of the surrounding cities. Committee Member Pulliam questioned the rate for water. Mr. Carter stated that the amount is fairly substantial, 2006 number was $1,304.97 and proposed maximum water impact fee is $3,651.42. The sewer has gone down to $773.48 from $1,231.01. The reason the water is increased is catch up future growth and population. Committee Member Dahl questioned if the impact fee affected existing businesses or new development. Mr. Carter stated that the impact fee would be for new development. Mr. Lee reviewed highlights and key points to the proposed Comp Plan. The Comp Plan plays off all guidelines, Subdivision Regulations. Zoning Ordinance, Strategic Vision, Impact Fees, Thoroughfare Plan, Building Inspections. The Comp Plan protects, preserve and sustain. Minutes February 21,2012 Impact Fee Advisory Committee Page 2 of 4 The first chapter lays out guidelines from Strategic Plan and overview of the community. Chapter two overviews the floodplains constraints within the community, and the natural systems is consistence with preserving the natural eco-system. Ms. 011ie pointed out the maps, with one aerial from 2001, and the next aerial from 2010, and how much growth occurred during that timeframe. Chapter three is Land Use is divided into Sectors. Mr. Haskins presented Land Use Map from Chapter 3,which is simplified from the Land Use Map adopted in 1999. In 1999 the legend was divided into twelve categories, the proposed Land Use Map divides the sectors into four; Natural/Open Space Sector, Sub-Urban Sector, Urban Sector, and Urban Core Sector. The Land Use Plan is not zoning, rather the zoning underlies the Land Use Sectors. Starting with Natural/Open Space Sector is the least intense and the Urban Core Sector is most intense, if allocated on an intensity scale. Wylie is near build out, there will be more re-development than new development, especially in residential areas. Committee Member Pulliam questioned the implementation objective 3:30, if the City of Wylie has done anything on expanding extraterritorial jurisdiction. Mr. Lee stated that we have, which is similar to surrounding communities, voluntary annexation into the city. The ETJ boundaries are adjacent to the surrounding cities, St Paul, Murphy, Lavon, Sachse, and Rowlett. The objective is a placeholder, in case that there is availability to regulate the ETJ. This will put a policy into place or expand the ETJ. Chapter 4 and 5 is a condensation of the Capital Improvement Plan and Parks and Recreation Plan, respectively as an executive summary, with grand vision rely on day to day business. The objectives within Chapter 4 outline guidelines for cross access and the thoroughfare plan. Chapter 5 is a summary of the 2010 Parks, Recreation and Open Space Master Plan and then tied into the Comp Plan. Ms. 011ie presented Chapter 6, Redevelopment and Overlay Section, this reviews what exists on the ground, as well as strategic plan recommendations. In 2007, the Accountable Communities through the Involvement Of Neighborhoods (A.C.T.I.O.N.), where staff met with neighbors within one of the older existing subdivisions, and receive their concerns involving their neighborhood, whether it be sidewalks, drainage issues or structures that need to be condemned, to take pride of their neighborhoods. Within the Downtown Overlay District is creating a Downtown Historic District Committee (DTHC), for the purpose of reviewing and recommending an action to the City Council of proposed new construction or substantial renovation. Based on the strategic plan, additional placeholders include Lake Development Overlay, Healthcare Overlay, Transit Oriented Development (TOD) Overlay; and the 205 Regional Overlays. The Regional Overlay is a placeholder for future land uses within the ETJ. Committee Members congratulated the staff for a great proposal to the Comprehensive Plan. Committee Member Pulliam had additional concerns from the Water and Wastewater Impact Fee Update packet. The table provided in the packet, allowable Maximum Fee per Living Unit Equivalent does not address smaller than two inch meter size for Commercial/Retail Land Use. Mr. Carter stated that the rate is based upon the amount of water that you will need and the impact on the water system. Committee Members questioned how many businesses lost due to cost of fees, where were they proposing to build, why did they leave and was a concession offered. Minutes February 21,2012 Impact Fee Advisory Committee Page 3 of 4 The Committee Members were all in consensus to review the packets more and table the item until March 6, 2012. A motion was made by Committee Member Dahl, and seconded by Committee Member Wright, to table the written comments and direct a member of the committee to file the written comments with the Planning Director no later than before the 5th business day before the date of the public hearing to be held by the City Council regarding Land Use Assumptions, Capital Improvement Plan and modifications of impact fees to March 6, 2012. Motion carried 6-0. ADJOURNMENT A motion was made by Committee Member Tamez, and seconded by Committee Member Pulliam, to adjourn the meeting at 8:20 PM. All members were in consensus. Phillip Johnston, Chairman ATTEST: Mary Bradley,Administrative Assistant Minutes February 21,2012 Impact Fee Advisory Committee Page 4 of 4 Wylie Impact Fee _tiVt Advisory Committee CITY OF WYLIE AGENDA REPORT Meeting Date: March 6, 2012 Item Number: 1 Department: Planning Prepared By: Renae' 011ie Subdivision: N/A Date Prepared: February 29, 2012 Zoning District: N/A Exhibits: Draft Plan, City comparison Subject Consider and Act upon approval of written comments and direct a member of the committee to file the written comments with the Planning Director no later than before the 5th business day before the date of the public hearing to be held by the City Council regarding Comprehensive Land Use Plan, Land Use Assumptions, Capital Improvement Plan and modifications of impact fees. Recommendation Motion to approve that the Chairman provide written comments to the City Council stating that the Committee is in agreement with the proposed Comprehensive Land Use Plan, Land Use Assumptions, Capital Improvement Plan, and to set Impact Fees as recommended. Discussion MOTION TO REMOVE FROM TABLE At its February 21st meeting the Commission directed Staff to table a request to recommend updates to the Comprehensive Land Use Plan, Capital Improvement Plan and Impact Fee to its March 6th meeting to allow additional time for the Committee to review the Water and Wastewater Impact Fee Update as submitted by Mr. Joe Carter of Birkhoff, Hendricks& Carter, LLP. As directed by the Committee, staff researched surrounding communities regarding impact fees. Based on that research, we found that we are somewhat in line with most cities when simply comparing meter size (See Exhibit "B"). As shown in Exhibit"C",residential water and wastewater average rates are widespread across the board when based on a 5/8" and 3/4" line. In accordance with State Law and consistent with City Council's most recent strategic vision for a family-friendly, safe, business-friendly and an environmentally sustainable community; this initiative launches a series of coordinated steps in preparing a strategic framework for consideration to update the: • Capital Improvement Plan • Impact Fee Ordinance • Comprehensive Land Use Plan & Other Elements of that Plan The last major update to the Comprehensive Land Use Plan was approved in 1999. The Land Use Map was updated and approved in 2006. Part of the 2006 update included a Comprehensive Land Use Philosophy which provided criteria for allocating residential, commercial, industrial and public land uses within the Comprehensive Plan. In an effort to align the Comprehensive Land Use Plan (The Plan) more closely with both future community goals and the realities of existing land development patterns,the 2012 Plan provides more detail and widens the scope that Page 1 of 2 Page 2 of 2 shall direct redevelopment and how we prepare for future growth. Essential elements of the plan include: • Land Use • Transportation&Infrastructure • Parks and Open Space • Healthcare • Education • Public Safety • Economic Development Staff is also proposing to a Hazard Mitigation element to the Comprehensive Master Plan. Staff has and will continue to collaborate with Fire and Emergency Management depaituients to compose this section. A majority of the verbiage will cover policies that will be the foundation for effective emergency management and how it relates to land use planning. For instance, Wildfires are always a high threat during the hot Texas summers. Not only wildfires in the sense of man-made fires, but natural wildfires in and around our natural and open space areas can be detrimental to our safety, health and welfare. The hope is that no disaster comes our way, however the reality is that the better planned we are,the better the aftermath of a disaster. As we saw in the aftermath of Hurricane Katrina, we had to call special meetings to put in place ordinances and policies that would allow us to assist displaced residents. By integrating mitigation concepts into the Comprehensive Master Plan, affords us the opportunity to be proactive in certain events. All information included in the chapter will be in accordance with State Laws and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) and as amended. The Comprehensive Land Use Plan differs from the Official Zoning Map in that The Plan is not parcel specific, but very broad areas of land are categorized as sectors. The Plan is a guide in determining where various zoning districts are placed on individual tracts of land. These sectors of the Land Use Map define natural and open space; sub-urban areas that primarily include residential development; an urban sector that allows for a more mixed-use type of development; and a fourth sector defined as urban core. The Urban Core provides for a more detailed and innovative type project that seeks to preserve the historic character of Wylie. Areas such as the Downtown Historic District and the South Ballard Overlay would fall into the Urban Core sector. Some sectors may overlap into other sectors, provided the zoning allows for such uses. As such, an `Intensity Scale' has been developed to match the colors on the Land Use Map that represent the various sectors. The scale acts as a key to help staff determine appropriate zoning categories and uses within those categories. CONSIDERATIONS 1. Necessary to protect,preserve and sustain. 2. A Comprehensive Land Use Plan is not zoning. 3. The Plan as presented does not require any land to be rezoned. 4. Input arises from various city departments as well as other agencies, including but not limited to WEDC & WISD. Approved By Initial Date RO 03-01-12 Department Director Impact Fee Survey Based on 1" Meter Size Cities Wylie Allen Richardson Plano Frisco Grapevine Keller McKinney Murphy Sachse (Per Acre) Water $3,351.00 $3,000.00 N/A $0.00 $4,478.00 $4,614.00 $2,734.00 $5,534.00 $2,208.00 $3,625.00 Waste Water $773.46 $1,250.00 N/A $0.00 $3,884.00 $2,135.00 $747.00 $698.00 $6,788.00 $2,356.00 $8,000.00 $7,000.00 $6,000.00 $5,000.00 $4,000.00 td11 Water $3,000.00 Waste Water $2,000.00 $1,000.00 $0.00 Oe how P ��a o ,(\e, \e; zA ra ye a e\ �\ • Q cr fi l EXHIBIT "B" Y City of Wylie, Texas Update of Water & Wastewater Rates 1.5. BENCHMARKING WITH OTHER CITIES: Figure 2 illustrates how the average residential water and wastewater bills compare with area cities: Figure 2 Comparison of Selected Cities Combined Residential 5/8 x 3/4 inch Water&Wastewater Average Monthly Bill Water Bills, 8,000 Gallons per Month, WastewaterBilis,8,000 Gallons per Month Rockwall $43.S0 Forney $44.70' Sunnyvale 1 - $45.43- Frisco 1-$53.141 Sachse ' $53.25 Wylie $56.832 Murphy '$57.081 Wylie_Scenario 1 '$59.02 Wylie-Scenario 2 $5911 Plano /$65:21 Royse City t$66:85 McKinney 4- $69.44 Garland /$70.74 Rowlett /$83.97 Princeton $87"66 Heath • $98.85] EXHIBIT "C" SECTION I—EXECUTIVE SUMMARY PAGE 9 CHAPTER 8 HAZARD MITIGATION A. Purpose This component of the Comprehensive Plan focuses on policies and procedures that strive to address hazard avoidance and mitigation in Wylie, and to reduce the vulnerability to damage, injury and loss of life and property of its citizens and visitors. Although it is impossible to cover every facet or situation of a hazard, this chapter should be used as a guide in hazardous awareness. Integrating mitigation concepts into the Comprehensive Master Plan results in a permanent implementable plan in the community's development process; including all aspects of pre-disaster preparedness and post-disaster response. The Plan ties to other documents that outlay the physical characteristics, magnitude, severity, frequency, causative factors, and geographic extent of all natural hazards, from whatever cause, within or potentially affecting the community, including, but not limited to, flooding, wildfires, wind-related hazards such as tornadoes, winter storms, or subsidence resulting from the instability of geological features. B. Planning for Mitigation First, the choice of any mitigation approach should be based on a thorough investigation of each site in order to evaluate all pertinent characteristics of a specific hazard. Creating buffers for certain hazard prone areas can play a vital role in planning for hazards. Zoning codes require landscape buffers; masonry/screening walls as well as other mechanisms not only for visual purposes, but these same buffers can be instrumental in protecting adjacent properties from damage. Buffer placement and width should be determined by physical characteristic of the subject property and should be widest where the potential for damage is greatest. For those facilities that require a special use permit in accordance with the zoning ordinance added attention should be given where potentially dangerous combustible fuels are located adjacent to homes and other structures. C. Principles of Mitigation Principles for hazard mitigation and protection of human life against the effects of natural disaster include many aspects. 1. Evacuation. This directly relates to other established and adopted plans throughout the city. As part of the Comprehensive Zoning Ordinance, all new subdivisions are required to have two points of access. Not only does this conform for everyday public safety measures, it provides a safe route to allow for population evacuation in the event of an impending natural disaster. 2. A redevelopment component which outlines the principles which shall be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. 3. Education: Community involvement and awareness is key in mitigating danger. By involving the community at large and providing educational tools and tips gives the community at large a sense of potential problems and offers options of how they may address those problems. Public Safety 4. Debris: Remove dead or rotting trees and branches that could fall and cause injury or damage during severe thunderstorms. All properties should be kept clear of debris projectile. D. Hazard Prone Areas Insert map highlighting high flood, tornado areas based on historical experience E. Implementations OBJECTIVE 8.00: Eliminate or minimize inappropriate and unsafe development in identified natural hazard areas when opportunities arise, including the identification and prioritization of properties deemed appropriate for acquisition, or structures and buildings deemed suitable for elevation, retrofitting, and relocation, in accordance with State Law and Building Codes. OBJECTIVE 8.10: Coordinate with Emergency Management to ensure that proposed updates to all portions of the Comprehensive Master Plan do not compromise the ability to provide essential emergency response and recovery facilities as described in the local emergency operations program. OBJECTIVE 8.20: When deemed necessary by the Emergency Management, those regulations of the Zoning Ordinance are temporarily suspended in order to allow residential use of appropriate non-residential facilities, including those in non- residential districts. In accordance with Sec. 418.020 of the Emergency Management Code and as amended, Temporary Housing and Shelter. OBJECTIVE 8.30: When deemed necessary by the Emergency Management, allow seven (7) or more unrelated persons to domicile in Single-Family and Multi-Family facilities for City qualified victims of natural hazards or disasters. OBJECTIVE 8.40: Identify areas, structures, and people at risk from hazards and the likelihood and severity of such risk F. Definitions Accessory structure means structures which are incidental to, and located on the same lot as, a principle building(s) including but not limited to, trash enclosures, sign structures, fences,walls, wind-powered systems and similar structures. Building means a structure for the support or shelter of any use or occupancy. Building area means the total square feet of floor area in a building measured to the outside faces of exterior walls or to the omitted wall lines,whichever produces the larger area. Critical Facility means a facility for which even the slightest chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations which produce, use or store hazardous materials or hazard waste. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials located within the area of special flood hazard. Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, extreme heat, other public calamity requiring emergency action, or energy emergency. Dwelling unit means one or more rooms designed to accommodate one family and containing only one kitchen plus living, sanitary, and sleeping facilities. Hazardous or high risk use is any use which in the determination of the Building Official or Director, presents a health or safety hazard due to excessive smoke, dust or odors, toxic fumes, noise, vibration, or danger of fire, explosion or radiation and involving materials meeting the "Degree of Hazard — 4" criteria of the Uniform Fire Code. Nonconforming structure means a structure that does not conform to the design regulations of this ordinance and the zoning district in which it is located, but was lawfully erected under the regulations in force at the beginning of operation and has been a continued use since that time. Organized volunteer group means an organization such as the American National Red Cross, the Salvation Army, the Civil Air Patrol, the Radio Amateur Civil Emergency Services, a volunteer fire department, a volunteer rescue squad, or other similar organization recognized by federal or state statute, regulation, or memorandum. Public facility has the meaning assigned by Section 102, Robert T. Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. Section 5122). Public Street means any street in the City of Wylie that is not private. Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not,however,include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions,or (2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a"historic structure." Temporary housing has the meaning assigned by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288, as amended.