HomeMy WebLinkAbout2000 08 07 Informational A Wetland Conservation Areas And Docks
COMMISSION WORKSHOP
ITEM A
Consent
Informational X
Public Hearing
Regular
August 7. 2000 [) ~ ~
Meeting ~
Mgr. / ~ pt.
Authorizati<irt
REQUEST: The Community Development Department requests the Commission conduct a
workshop on the need for changes to the Code of Ordinances related to wetlands,
conservation areas and docks as determined by Breedlove, Dennis & Associates
Inc. and as related to Floodplain Management as prepared by CPH Engineering,
Inc.
PURPOSE: The purpose of this agenda item is for the Commission to discuss code changes
related to wetlands, conservation areas, docks and Floodplain Management.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3167(11) F.S. which states: Each local government is encouraged to
articulate a vision of the future physical appearance and qualities of its community as a
component of its local comprehensive plan. The vision should be developed through a
collaborative planning process with meaningful public participation and shall be adopted by the
governing body of the jurisdiction.
CONSIDERATIONS:
. In August 1999, the Commission authorized the City Manager to engage
consultants to review City codes related to wetlands, conservation areas, docks
and Floodplain Management and to prepare amendments to the code if necessary.
. Breedlove, Dennis & Associates, Inc. has completed its research and is prepared
to summarize its findings concerning wetlands, conservation areas and boat
docks.
COD/July 19, 2000/10:52 AM
AUGUST 7, 2000
INFORMATIONAL AGENDA ITEM A
Page 2
. CPR Engineering, Inc. has recommendations related to chapter 8 of the City code,
Flood damage and prevention.
. On July 10,2000 the Commission scheduled the workshop for August 7, 2000 at
6:30 p.m.
STAFF RECOMMENDATION:
Staff suggests that the Commission meet with Breedlove, Dennis & Associates and CPR
Engineering, Inc. to consider recommendations related to codes governing wetlands,
conservation areas, boat docks and Floodplain Management.
ATTACHMENTS:
A. Flood damage prevention Chapter 8, Articles I, n and Ill.
B. Land Development Code, Chapter 9, Section 9-241(c) Storm water Management
C. Workshop outline related to wetlands and conservation areas.
COMMISSION ACTION:
COD/July 31, 2000/4 :04 PM
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ATTACHMENT A
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FLOOD DAMAGE PREVENTION
ARTICLE 1. IN GENERAL
Sec. 8.1. Definitions.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted
so as to give them the meaning they have in
common usage and to give this chapter its most
reasonable application:
Accessorv Use. A use which is incidental and
subordinate to the principal use of the parcel of
land on which it is located.
Addition (to an existing buildin,?). Any
walled and roofed expansion to the perimeter of
a building in which the addition is connected by
a common load-bearing; wall other than a fire
wall. Any walled and roofed addition which is
connected by a fire wall or is separated by
independent load-bearing walls is new
construction.
Administrate:'. The federal insurance
administrator, to whom thc director of the
federal emergency management agene)' has
designated the administratioR of the national
flood insurance program.
Appeal. A request for a review of the flood
damage control administrator's interpretation of
any provision of this chapter or a request for a
varIance.
Appraised Value. The assessed value as listed
by the Seminole County Property Appraiser.
Area of Shallow Flooding. A designated AO,
AH, or VO zone on the flood insurance rate
map (FIRM). The base flood depths range from
one (1) to three (3) feet, a clearly defined
channel does not exist, the path of flooding is
unpredictable and indeterminate, and velocity
flow may be evident.
Area of special flood hazard. The land in the
floodplain within a community subject to a one-
percent or greater chance of flooding in anyone
(1) given year.
Proposed Revision - 2000
Base flood. The flood having a one-percent
chance of being equaled or exceeded in any
gIVen year.
Base flood elevation. The crest elevation in
relation to mean sea level (MSL) (using National
Geodetic Vertical Datum) expected to be reached
during a flood which encompasses the regulatory
floodplain.
Buildinf!. See Structure.
Development. 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 located within
the area of special flood hazard.
Encroachment. The advance or infringement of
uses, plant growth, filL excavation, buildings,
permanent structures, or development into a
floodplain. which may impede or alter the flow
capacity of a floodplain.
Existin,? manufactured home Dark or
subdivision. A manufactured home park or
subdivision for which the construction of
facilities for servicing; the lots on which the
manufactured homes are to be affixed (including,
at a minimum, the installation of utilities, the
construction of streets, and either final site
grading or the pouring of concrete pads) was
completed before August 11. 1981.
EXDansion to an existin$! manufactured home
Dark or subdivision. The preparation of
additional sites by the construction of facilities
for servicing the lots on which the manufactured
homes are to be affixed (including the installation
of utilities. the construction of streets, and either
final site grading or the pouring of concrete
pads).
Flood or flooding. A general and temporary
condition of partial or complete inundation of
nomlally dry land areas from:
a. The overflow of inland or tidal waters;
and/or
FLOOD DAMAGE PREVENTION
b. The unusual and rapid accumulation or
runoff of surface waters from any
source.
Flood boundary and floodway map. The
official map on which the administrator has
delineated both the flood boundaries and the
regulatory floodway.
Plead damage cantre! administmter. The
offieer of the eity responsible f'Of the exeoution
of this ehapter and the delegation of
responsibilities for the individual tasles
oontained herein.
Flood elevation determination. A
determination by the administrator of the water
surface elevations of the base flood, that is, the
flood level that has a one-percent or greater
chance of occurrence in any given year.
Flood insurance rate map (FIRM). An
official map of a oommunity, on which the
administrator Federal Emergency Management
Agency or Federal Insurance Administration
has delineated both the special areas of special
flood hazards and the risk premium zones
applicable to the community.
Flood insurance study. .^.n examination,
evaluation and determination of flood hazards
and, if appropriate, an examination, evaluation
and determination of mudslide (i.e., mudflovl)
and/or flood related erosion hazards. The
official report provided by the Federal
Insurance Administration that includes flood
profiles, the Flood Insurance Rate Map. the
Flood Boundary and Floodway Map, and the
water surface elevation of the base flood.
Floodplain. Land which will be inundated by
floods known to have occurred or reasonably
characteristic of what can be expected to occur
from the overflow of inland or tidal waters and
the accumulation of runoff of surface waters
from rainfall.
Floodplain Administrator. The individual
appointed to administer and enforce the
floodplain management regulations.
Proposed Revision - 2000
Floodplain management regulations. Any
zoning ordinances, land development ordinance,
subdivision regulations, building codes, health
regulations, special purpose ordinances (such as
a floodplain management ordinance, grading
ordinance and erosion control ordinance), and
other applications of police powers. The term
describes such state or local regulations, in any
combination thereof, which provide standards for
the purpose of flood damage prevention and
reduction.
Floodproofing. Structural changes or
adjustments incorporated in the design or
construction of a building so as to make the
building watertight with walls substantially
impermeable to the passage of water and with
structural components having the capacity of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy for the reduction or
elimination of flood damages.
Floodway. See "regulatory floodway."
Floodway encroachment line. The line
marking the limits of floodway maps on federal,
state and local floodplain maps.
Floodwav frinr:e. That area of the floodplain
on either side of the "Re~ulatory Floodwav".
Fraud and victimization. As related to
Section 8-34, Variances, of this ordinance.
means that the variance granted must not cause
fraud or victimization of the public. In
examining this requirement. the City will
consider the fact that every newly constructed
building adds to government responsibilities and
remains a part of the community for fifty to one
hundred years. Buildings that are below the base
flood elevation are subiect during all those years
to increased risk of damage from floods, while
future owners of the property and the community
as a whole are subiect to all the costs,
inconvenience. danger, and suffering that those
increased flood damages bring. In addition,
future owners may purchase the property,
unaware that it is subiect to potential flood
damage, and can be insured only at very high
flood insurance rates.
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FLOOD DAMAGE PREVENTION
Functionallv devendent use. A use of a
building or other development. which cannot be
achieved unless the building or other
development is located in close proximity to
water. The term includes only docking
facilities, port facilities that are necessary for
the loading and unloading of cargo or
passengers, and ship building and ship repair
facilities, and does not include long-term
storage or related manufacturing facilities.
Governinf! hodv. The City Commission of
Winter Springs, which is empowered to adopt
and implement regulations to provide for the
public health, safety and general welfare of its
citizenry.
Hardshiv. As related to Section 8-34,
Variances. of this ordinance means the
exceptional hardship that would result from a
failure to grant the requested variance. The
City requires that the applicant prove that the
variance is exceptional. unusual. and peculiar to
the property involved. Economic or financial
hardship alone is not exceptional.
Inconvenience, aesthetic considerations,
physical handicaps. personal preferences. or the
disapproval of one's neighbors likewise cannot.
as a rule, qualifY as an exceptional hardship.
All of these problems can be resolved through
other means without granting a variance, even
if the alternative is more expensive. or requires
the property owner to build elsewhere or put
the oarcel to a different use than originally
intended.
Highest adjacent grade. The highest natural
elevation of the ground surface, prior to
construction, next to the proposed walls of a
structure.
Historic structure. Any structure that is:
1. Listed individually in the National
Register of Historic Places (a listing
maintained by the United States
Department of Interior) or preliminarily
determined by the Secretary of the Interior
as meeting the requirements for individual
listing on the National Register:
Proposed Revision - 2000
2. Certified or preliminarily determined by
the Secretary of the Interior as contributing
to the historical significance of a registered
historic district or a district preliminarily
determined by the Secretary to qualify as a
registered historic district.
Lowest floor. The lowest floor of the lowest
enclosed area (including basement). An
unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access or
storage, in an area other than a basement area, is
not considered a building's lowest floor, provided
that such enclosure is not built so as to render the
structure in violation of the applicable non-
elevation design requirements of the chapter.
Jikmgre','c sttl.'ld /.n assemblage of mangrove
trees ,....hich are mostly lo',y trees noted for a
oopious de'le]opment of interlacing adventitious
roots above the ground and ..;,hien eontain one (1)
or more of the follO'.ving speeies: Black
mangrove U\vieermia Nitida); red mangrove
(Rhizophora Mangle); ',vhite mangrove
(Langunoularia Racemosa); and button'.yood
(Conoearpus Ereota).
Manufactured home. A structure, transportable
in one (1) or more sections, which is built on a
permanent chassis and is designed for use with or
without a permanent foundation when connected
to the required utilities. For floodplain
management purposes the term "manufactured
home" also includes park trailers, travel trailers,
and other similar vehicles placed on a site for
greater than one hundred eighty (180)
consecutive days. For insurance purposes the
term "manufactured home" does not include park
trailers, travel trailers, and other similar vehicles.
Manufactured home park or subdivision. A
parcel (or contiguous parcels) of land diyided
into two (2) or more manufactured home lots for
rent or sale.
Mean sea level (MSL). The average height of
the sea for all stages of the tide. It is used as a
reference for establishing varying elevations
within the floodplain. For purposes of this
chapter, the term is synonymous with National
Geodetic Vertical Datum (NGVD).
3
FLOOD DAMAGE PREVENTION
Mobile Home. See Manufactured home.
National Geodetic Vertical Datum (NGVD).
As corrected in 1929, NGVD is a vertical
control used as a reference for establishing
varying elevations within the floodplain.
New construction. Structures for which the
"start of construction" commenced on or after
the effective date of this chapter.
New manufactured home Dark or
subdivision. A manufactured home park or
subdivision for which the construction of
facilities for servicing the lots on which the
manufactured homes are to be affixed
(including at a minimum, the installation of
utilities. the construction of streets, and either
final site grading or the pouring of concrete
pads) is completed on or after the effective date
of floodplain management regulations adopted
by this community.
Obstruction. Includes, but is not limited to.
any dam, wall. wharf. embankment, levee. dike,
pile, abutment, protection. excavation,
channelization, bridge. conduit, culvert,
building. wire. fence, rock, gravel. refuse. fill.
structure. vegetation or other material in. along,
across or proiecting into any watercourse which
may alter, impede. retard or change the
direction and/or velocity of the flow of water,
or due to its location. its propensity to snare or
collect debris carried bv the flow of water. or
its likelihood of being carried downstream.
One-hundred- vear flood or "100- vear flood.
See Base flood.
Public safetv and nuisance. As related to
Section 8-34. Variances, of this ordinance
means that the granting of a variance must not
result in anything which is iniurious to safety or
health of an entire community or neighborhood.
or anv considerable number of persons. or
unlawfully obstructs the free passage or use, in
the customary manner. of any navigable lake.
or river, bay, stream, canal. or basin.
Recreational vehicle. A vehicle which is:
Proposed Revision - 2000
1. Built on a single chassis:
2. 400 square feet or less when measured at
the largest horizontal proiection;
3. Designed to be self-propelled or
permanentlv towable by a light-duty truck:
and
4. Designed primarily not for use as a
permanent dwelling but as temporarv living
quarters for recreational. camping. travel. or
seasonal use.
Regulatory Flood. For purposes of this chapter,
a flood event having a one-percent chance of
occurring in any given year, although the flood
may occur in any year, i.e., the hundred-year
flood.
Regulatory flood elevation. The crest elevation
in relation to mean sea level expected to be
reached by the regulatory flood at any given
point in an area of special flood hazard.
Regulatory floodway. The channel of a river or
other watercourse and the adjacent land areas
that must be reserved in order to discharge the
velocity waters of the regulatory flood.
Remedv a violation. To bring the structure or
other development into compliance with State or
local floodplain management regulations. or. if
this is not possible. to reduce the impacts of its
noncompliance. Ways that impacts may be
reduced include protecting the structure or other
affected development from flood damages,
implementing the enforcement provisions of the
ordinance or otherwise deterring future similar
violations, or reducing State or Federal financial
exposure with regard to the structure or other
development.
Riverine. Relating to, formed bv, or
resembling a river (including tributaries). stream.
brook. etc.
Sheet flow area.
flooding.
See Area of shallow
SDecial flood hazard area rSFHA). An area
having special flood and shown on the FIRM as
Zone A AI-A30. AE, A99. AH.
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FLOOD DAMAGE PREVENTION
Start of construction (includes substantial
improvement). The date the building permit
was issued, provided the actual start of
construction, repair, reconstruction, placement,
or other improvement was within one hundred
eighty (180) days of the permit date. The
actual start means either the first placement of
permanent construction of a structure on a site,
such as the pouring of slab or footings, the
installation of piles, the construction of
columns, or any work beyond the stage of
excavation; or the placement of a manufactured
home on a foundation. Pennanent construction
does not include land preparation, such as
clearing, grading and filling; nor does it include
the installation of streets and/or walkways; nor
does it include excavation for a basement,
footings, piers, or foundations or the erection of
temporary forms; nor does it include the
installation on the property of accessory
buildings, such as garages or sheds not
occupied as dwelling units or not part of the
main structure.
Structure. A walled and roofed building, that
is principally aboveground and affixed to a
permanent site, as well as a mobile home on f!
foundation. The term includes a building while
in the course of construction, alteration or
repair but does not include building materials or
supplies intended for use in construction,
alteration or repair, unless such materials or
supplies are within an enclosed building on the
premises. The words "building" and "structure"
shall have the same meaning for the purposes
of this chapter.
Substantial damaf!e. Damage of anv origin
sustained bv a structure wherebv the cost of
restoring the structure to its before damaged
condition would equal or exceed 50 percent of
the appraised value of the structure before the
damage occurred.
Substantial improvement. Any repair,
reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty (50)
percent of the market appraised value of the
structure either before the improvement or
repair is started, or if the structure has been
damaged and is being restored, before the
Proposed Revision - 2000
damage occurred. For the purpose 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 any project for improvement of a structure
to comply with existing state or local health,
sanitary, or safety code specifications which are
solely necessary to ensure safe living conditions,
or any alteration of a structure listed on the
National Register of Historic Places or a state
inventory of historic places.
Variance. A grant of relief from the
requirements of this chapter which permits
construction in a manner that would otherwise be
prohibited by this chapter.
Violation. The failure of a structure or other
development to be fullv compliant with this
ordinance. A structure or other development
without the elevation certificate. other
certifications. or other evidence of compliance
required in this ordinance is presumed to be in
violation until such time as that documentation is
provided.
Water surface elevation. The height. in
relation to the National Geodetic Vertical Datum
(NGVD) of 1929. (or other datum. where
specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or
riverine areas.
Watercourse. A lake. river. creek. stream.
wash. arrovo. channel or other topographic
feature on or over which waters flow at least
periodicallv. Watercourse includes specificallv
designated areas in which substantial flood
damage mav occur.
Sec. 8-2. Statement of purpose and objectives.
The purpose and objectives of this chapter are
to promote the public health, safety, and general
welfare, and to minimize public and private
losses due to flood conditions in specific areas by
provisions designed:
5
FLOOD DAMAGE PREVENTION
(1) To protect human life and health;
(2) To minimize expenditure of public
money for costly flood-control
projects;
(3) To minimize the need for rescue and
relief efforts associated with flooding
and generally undertaken at the
expense of the general public;
(4) To minimize prolonged business
interruptions;
(5) To minimize damage to public
facilities and utilities such as water
and gas mains; electric, telephone
and sewer lines; streets and bridges
located in areas of special flood
hazard;
(6) To help maintain a stable tax base by
providing for the second use and
development of areas of special flood
hazard so as to minimize future flood
blight areas;
(7) To ensure that potential buyers are
notified that property is in an area of
special flood hazard; and,
(8) To ensure that those who occupy the
areas of special flood hazard assume
responsibility for their actions.
Sec. 8-3. Methods of reducing flood losses.
In order to accomplish its purpose and
objectives, this chapter includes methods and
provisions for:
(1) Restricting or prohibiting uses which
are dangerous to health, safety, and
property due to water or erosion
hazards, or which result in damaging
increases in erosion or in flood heights
or velocities;
(2) Requiring that uses vulnerable to
floods, including facilities which serve
such uses, be protected against flood
Proposed Revision - 2000
damage at the time of initial
construction;
(3) Controlling the alteration of natural
floodplains, stream channels, and natural
protective barriers, which help
accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging,
and other development which may
increase flood damage; and,
(5) Preventing or regulating the construction
of flood barriers which will unnaturally
divert floodwaters or which may increase
flood hazards in other areas.
Sec. 8.4. Lands to which this chapter applies.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the city.
Sec. 8-5. Basis for establishing areas of special
flood hazard.
The areas of special flood hazard identified by
the Federal Insurance administrator
Administration (FIA) of the Federal Emergency
Management Agencv (FEMA) in a soientifio and
engineering report entitled "The Flood Insurance
Study (FIA) f{)r the City of Winter Springs,
Florida," dated March 16, 1981 April 17. 1995
wttfl and accompanying flood boundary and
flood way map and flood insurance rate map and
all subsequent amendments and/or revisions are
hereby adopted by reference and declared to be a
part of this chapter. The flood insurance study
and attendant mapping is the minimum area of
applicability and may be supplemented bv studies
for other areas which allow implementation of
this chapter and which are recommended to the
City by the Floodplain Administrator. The study
FIRMS and FBFMs are *' on file at the city hall,
1126 East State Road 434, Winter Springs,
Florida, 32708.
Sec. 8-6. Abrogation and greater
restrictions.
This chapter is not intended to repeal, abrogate,
or impair any existing easements, covenants or
6
FLOOD DAMAGE PREVENTION
deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall
prevail.
Sec. 8-7. Interpretation.
In the interpretation and application of this
chapter, all provisions shall be:
(1) Considered
requirements;
as
mInImum
(2) Liberally construed In favor of the
governing body; and
(3) Deemed neither to limit nor repeal
any other powers granted under state
statutes.
Sec. 8-8. Warning regarding area of special
flood hazard designations.
The degree of flood protection required by
this chapter is considered reasonable for
regulatory purposes and is based on scientific
and engineering considerations. Larger floods
can and will occur on rare occasions. Flood
heights may be increased by manmade or
natural causes. This chapter does not imply
that land outside the areas of special flood
hazard or uses permitted within such areas will
be free from flooding or flood damages. This
chapter shall not create liability on the part of
the City, any officer or employee thereof, the
State of Florida, the Federal Insurance
Administration, or the Federal Emergency
Management Agency, for any flood damages
that result from reliance on this Ordinance or
any administrative decision lawfully made
hereunder. In addition, nothing herein shall be
deemed as a waiver of the City's right to
sovereIgn immunity under State and Federal
law.
Sec. 8-9. Penalties for noncompliance.
No structure or land shall hereafter be
constructed, located, extended, converted, or
altered without full compliance with the terms
Proposed Revision - 2000
of this chapter. Failure to comply with any of its
requirements (including violations of conditions
and safeguards established in connection with
grants of variances) shall constitute a
misdemeanor. Any person who violates this
chapter or fails to comply with any of its
requirements shall upon conviction thereof be
fined not more than five hundred dollars
($500.00) or imprisoned for not more than ninety
(90) days, or both, for each violation, and in
addition shall pay all costs and expenses involved
in the case. Each day such violation continues
shall be considered a separate offense. Nothing
herein contained shall prevent the city from
taking such other lawful action as is necessary to
prevent or remedy any violation.
Sees. 8-10-8-30. Reserved.
ARTICLE II. ADMINISTRATION
Sec. 8-31. Designation of the floodplain
damage eORtrol administrator.
The city manager is hereby appointed the
floodplain damage eontrol administrator to
administer and implement this chapter. The city
manager may delegate the responsibilities for the
individual tasks contained herein.
Sec. 8-32. Duties and responsibilities of the
floodplain damage eORtrol
administrator.
Duties of the floodplain damage eontrol
administrator shall include, but not be limited to:
(I) Permit review. Review all development
permits to determine that:
a. Revievl all applioations for
development permits to determine that
The requirements of this chapter have
been satisfied.
b. Revie'.v all applieations for
development permits to determine
tfl.at All necessary permits have been
obtained from those federal, state or
local governmental agencies from
which prior approval is required.
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FLOOD DAMAGE PREVENTION
f..:. The site is reasonablv safe from
flooding. and
d. The proposed development does not
adverse Iv affect the flood-carrying
capacity and/or flood-storage
capacity of the areas of special flood
hazard. For the purposes of this
article, "adverselv affect" means
damage to adiacent properties
because of rises in flood stages
attributed to physical changes of the
channel and the adiacent overbank
areas. Without limiting the
foregoing, a development IS
presumed to adverselv affect the
flood-carrying and flood-storage
capacities of the flood plain if it
proposes or requires the filling of
land in an area of special f100d
hazard without simultaneouslv
providing additional flood-carrying
and flood-storage capacities to
compensate for that capacity which
is lost because of such filling.
(2) Interpretation of FIRM boundaries.
Make interpretations where needed, as to
the exact location of the boundaries of
the areas of special flood hazards (for
example, where there appears to be a
conflict between a mapped boundary and
actual field conditions). Any person
contesting the location of the boundary
shall be given a reasonable opportunity
to appeal the interpretation as provided in
section 8-34.
(3) Use of other base flood data. To
supplement the base flood elevation data
provided in accordance with section 8-5,
the floodplain damage control
administrator shall obtain, review, and
reasonably utilize any base flood
elevation and flood way data available
from a federal, state or other source (U.S.
Army Corps of Engineers, U.S.
Geological Survey, U.S. Soil
Conservation Service, state water
management districts, development plans
Proposed Revision - 2000
for more than fifty (50) lots or five (5)
acres as criteria for requiring that new
construction, substantial improvements, or
other development in Zone A meet the
requirements of section 8-52(1), specific
standards, residential construction, and
section 8-52(2).
(4) Issuance of permit and record keeping.
After ascertaining that all requirements of
this chapter have been met, the floodplain
damage oontrol administrator may issue
the development permit. After issuance of
the permit, the local administrator shall:
a. Acquire a flood elevation or
floodproofing certificate after the
lowest floor is completed. Within
twenty-one (21) calendar days of
establishment of the lowest floor
elevation or floodproofing by
whatever construction means, it shall
be the duty of the permit holder to
submit to the city manager a
certification of the elevation of the
lowest floor or floodproofed
elevation, as built, in relation to mean
sea level. Such certification shall be
prepared by or under the direct
supervision of a registered land
surveyor or professional engineer and
certified by same. When
floodproofing is utilized for a
particular building, such certification
shall be prepared by or under the
direct supervision of a professional
engineer or architect and certified by
same. Any work done within the
twenty-one-day calendar period and
prior to submission of the certification
shall be at the permit holder's risk.
The city manager or designated
subordinate shall review the flood
elevation survey data submitted.
Deficiencies detected by such review
shall be corrected by the permit
holder immediately and prior to
further progressive work being
permitted to proceed. Failure to
submit the surveyor failure to make
such corrections required hereby,
8
FLOOD DAMAGE PREVENTION
shall be cause to issue a stop work
order for the project. In zone A
only, tho preoeding 0crtifieation is
not roql:li-red except in thosc
instances in '.'.hoh base flood
elevation data are used from sources
supplementary to section 8 5.
b. Maintain for public inspection all
records pertaining to the provisions
of this chapter.
(5) Control of alteration of watercourses.
The local administrator shall:
a. Notify adjacent communities, the St.
Johns River Water Management
District, and the state department of
community affairs prior to any
alteration or relocation of a
watercourse, and submit evidence of
such notification to the Federal
Insurance Administration.
b. Require that maintenance 1S
provided within the altered or
relocated portion of such
watercourse so that the flood
carrying capacity is not diminished.
(6) Take remedial action on any violations of
this chapter.
Sec. 8-33. Development permit.
(a) Establishment of permit. A
development permit shall be obtained before
construction or development begins within any
area of special flood hazard established in
section 8-5.
(1) New developments. When new
development proposals include lands
designated as areas of special flood
hazard, the aforementioned
development permit shall not be
issued until all applicable
requirements of Chapter 9 of this
Code have been fulfilled.
Specifically, the procedures outlined
in section 9-101 (a)(2) shall be
required. In addition, the provisions
of section 9-241 which exceed the
Proposed Revision - 2000
provisions of this chapter, shall apply
and be prerequisites to issuance of the
development permit.
(2) Construction in existing developments.
Already developed lands within or
including areas of special flood hazard
in this city for which building permits
are requested shall be subject to the
provisions of this chapter, as shall lands
described in (a) above. After land
development is completed no
construction of any nature, neither
buildings, nor site preparation, nor
modification of existing roads, utilities,
drainage systems or other nonstructural
improvements shall be allowed within
areas of special flood hazard until the
development permit herein required has
been issued.
(b) Application for permit Application for a
development permit shall be made on forms
furnished by the floodplain damage oontrol
administrator and may include, but not be limited
to, plans in triplicate drawn to scale showing the
nature, location, dimensions, and elevations of
the area in question; existing or proposed
structures, fill, storage of materials, drainage
facilities, and the location of the foregoing.
Specifically, the following information is
required with application for the development
permit:
(1) Elevation in relation to mean sea level of
the proposed lowest floor (including
basement) of all structures.
(2) Elevation in relation to mean sea level to
which any nonresidential structure will
be floodproofed.
(3) Certification from a registered
professional engineer or architect that the
nonresidential floodproofed structure
meets the floodproofing criteria in
section 8-52(2).
(4) Description of the extent to which any
watercourse will be altered or relocated
as a result of proposed development.
9
FLOOD DAMAGE PREVENTION
Sec. 8-34. Variance procedure.
(a) Appeal board.
(1) The city commission as established by
the city shall hear and decide appeals and
requests for variance from the
requirements of this chapter.
(2) The city commission shall hear and
decide appeals when it is alleged there is
an error in any requirement, decision, or
determination made by the floodplain
damage eontrol administrator in the
enforcement or administration of this
chapter.
(3) Those aggrieved by the decision of the
city commission or any taxpayer, may
appeal such decision to the circuit court.
(b) Conditions under which variances may
be granted.
(1) In passing upon such application, the
city commission, shall consider all
technical evaluations, all relevant
factors, standards specified in other
sections of this chapter, and, the danger
that material may be swept onto other
lands to the injury of others; the danger
to life and property due to flooding or
erosion damage; the susceptibility of
the proposed facility and its contents to
flood damage and the effect of such
damage on the individual owner; the
importance of the services provided by
the proposed facility to the community;
the necessity to the facility of a
waterfront location, where applicable;
the compatibility of the proposed use
with existing and anticipated
development; the relationship of the
proposed use to the comprehensive
plan and floodplain management
program of that area; the availability of
alternative locations not subject to
flooding or erosion damage for the
proposed use; and the safety of access
Proposed Revision - 2000
to the property in times of flood for
ordinary and emergency vehicles.
(2) Variances may be issued for the
reconstruction, rehabilitation or
restoration of structures listed on the
national register of historic places or the
state inventory of historic places without
regard to the procedures set forth in the
remainder of this section.
(3) Variances shall only be issued upon a
determination that the variance is the
minimum necessary, considering the
flood hazard, to afford relief.
(4) Variances shall not be issued within anv
mapped regulatorv floodwav.
f41ill Variances shall only be issued upon a
showing of good and sufficient cause; a
determination that failure to grant the
variance would result in exceptional
hardship to the applicant; and a
determination that the granting of a
variance will not result in increased flood
heights, additional threats to public
safety, or extraordinary public expense;
create nuisances; cause fraud on or
victimization of the public, as identified
in (b )(1) above; or conflict with the local
government comprehensive plan or with
other existing local laws or ordinances.
~{Q} Any applicant to whom a variance is
granted shall be given written notice that
the structure will be permitted to be built
with a specific, reduced lowest floor
elevation and that the cost of flood
insurance will be commensurate with the
increased risk resulting from the reduced
lowest floor elevation.
t61ill The city commission may attach such
conditions to the granting of any
variance as it deems necessary to further
the purposes of this chapter.
(8) The Floodplain Administrator will
maintain a record of all variance actions.
including iustification for their isuance,
10
FLOOD DAMAGE PREVENTION
and report such variances issued to the
Federal Insurance Administration.
Federal Emergency Management
Agency.
Sees. 8-35-8-50. Reserved.
ARTICLE III. STANDARDS
See. 8-51. General standards.
In all areas of special flood hazards the
following standards are required:
(1) Anchoring:
a. All new construction and substantial
improvements shall be anchored to
prevent flotation, collapse, or lateral
movement of the structure.
b. All manufactured homes shall be
installed using methods and
practices which minimize flood
damage. For the purposes of this
requirement, manufactured homes
must be elevated above the base
flood level and anchored to the
elevated foundation, to resist
flotation, collapse or lateral
movement. Methods of anchoring
may include, but are not limited to,
use of over-the-top or frame ties to
ground anchors. This requirement
is in addition to applicable state and
local anchoring requirements for
resisting wind forces.
Manufactured homes manufactured
after June 15, 1976, with provisions
for installation of anchoring
systems, including instructions, in
accordance with Federal Mobile
Home Construction and Safety
Standards, section 280.306, shall be
installed in accordance with the
manufacturer's instructions.
Manufactured homes not provided
with such installation instructions,
or manufactured homes not
provided with instructions for the
Proposed Revision - 2000
hurricane zone, shall comply with the
State of Florida Department of
Highway Safety and Motor Vehicles,
Bureau of Mobile Home
Construction. Any additions to the
manufactured home must be similarly
anchored.
(2) Construction materials and methods:
a. All new construction and substantial
improvements shall be constructed
with materials and utility equipment
resistant to flood damage.
b. All new construction and substantial
improvements shall be constructed
using methods and practices that
minimize flood damage.
(3) Utilities:
a. All new and replacement water
supply systems shall be designed to
minimize or eliminate infiltration of
floodwaters into the system.
b. New and replacement sanitary
sewage systems shall be designed to
minimize or eliminate infiltration of
floodwaters into the systems and
discharge from the systems into
floodwaters.
c. On-site waste disposal systems
shall be located to avoid impairment
to them or contamination from them
during flooding.
(4) Subdivision proposals:
a. All subdivision or other land
development proposals shall be
consistent with the needs to
minimize flood damage.
b. All such proposals shall have
public utilities and facilities such
as sewer, gas, electrical, and water
systems located and constructed to
minimize flood damage.
c. All such proposals shall have
adequate drainage provided to
reduce exposure to flood damage.
11
FLOOD DAMAGE PREVENTION
d. Base flood elevation data shall
be provided for subdivision
proposals and other proposed
developments v;hieh contain at
least fifty (50) lots orfi';e (5)
acres (whichever is less). All
preliminary subdivision
proposals shall identify the flood
hazards area and the elevation of
the base flood.
e. All subdivision plans will
include the elevation of proposed
structure(s) and pad(s). If the
site is filled above the base flood
elevation, the lowest floor and
pad elevations shall be certified
by a registered professional
engineer or surveyor and
provided to the Floodplain
Administrator.
e.[ All requirements of Chapter 9 of
this Code which exceed the
above criteria shall apply.
with walls substantially impermeable to
the passage of water.
b. Have structural components capable of
resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
c. Be certified by a registered
professional engineer or architect, who
shall develop and/or review structural
design, specifications, and plans for the
construction, and shall certify that the
design and methods of construction are
in accordance with accepted standards
of practice for meeting the applicable
provisions of this chapter. Such
certificates, which include the specific
elevation (in relation to mean sea level)
to which such structures are
floodproofed, shall be maintained by
the local administrator as set forth in
section 8-32(4)a.
(3) Mobile homes:
a. Be floodproofed so that below the
base flood the structure is watertight
a. Mobile homes shall be anchored in
accordance with section 8-51 (l )b.
b. For new mobile home parks and
mobile home subdivisions, for
expansions to existing mobile home
parks and mobile home subdivisions,
for existing mobile home parks and
mobile home subdivisions where the
repair, reconstruction or improvement
of the streets, utilities and pads equals
or exceeds fifty (50) percent of the
value of the streets, utilities and pads
before the repair, reconstruction or
improvement has commenced, and
for mobile homes not placed in a
mobile home park or mobile home
subdivision, it is required that:
1. Stands or lots are elevated on
compacted fill or on pilings so
that the lowest floor of the
mobile home will be at or above
the base flood level;
2. Adequate surface drainage and
access for a hauler are provided;
and
3. In the instance of elevation on
pilings, that lots are large enough
to permit steps, piling
Sec. 8-52. Specific standards.
In all areas of special flood hazards where
base flood elevation data have been provided as
set forth in section 8-5 or in section 8-32 the
following standards are required:
(l) Residential construction: New
construction and substantial
improvement of any residential
structure shall have the lowest floor,
including basement, elevated ffi-& ll.
inches above base flood elevation.
(2) Nonresidential construction: New
construction and substantial
improvement of any commercial,
industrial or other nonresidential
structure shall either have the lowest
floor, including basement, elevated to
18 inches above the level of the base
flood elevation or, together with
attendant utility and sanitary facilities,
shall:
Proposed Revision - 2000
12
FLOOD DAMAGE PREVENTION
foundations are placed in stable
soil no more than ten (10) feet
apart, and reinforcement is
provided for pilings more than
six (6) feet above the ground
level.
c. No mobile home shall be placed in a
regulatory floodway or coastal high
hazard area, except in an existing
mobile home park or an existing
mobile home subdivision.
(4) Enclosed areas below a structure's lowest
floor: For all new construction and
substantial improvements, fully enclosed
areas below the lowest floor that are
subject to flooding shall be designed to
automatically equalize hydrostatic flood
forces on exterior walls by allowing for
the entry and exit of floodwaters.
Designs for meeting this requirement
must either be certified by a registered
professional engineer or architect or must
meet or exceed the following minimum
criteria: A minimum of two (2) openings
having a total net area of not less than
one (1) square inch for every square foot
of enclosed area subject to flooding shall
be provided. The bottom of all openings
shall be no higher than one (1) foot above
grade. Openings may be equipped with
screens, louvers, or other coverings or
devices provided that they permit the
automatic entry and exit of floodwaters.
(5) Mechanical and utility equipment: New
installation and substantial improvement
of any electrical, heating, ventilation,
plumbing, and air-conditioning
equipment and other service facilities
shall be elevated above the base flood
elevation or designed so as to prevent
water from entering or accumulating
within the equipment components during
conditions of flooding.
Sec. 8-53. Standards for areas of shallow
flooding (AO zones).
Located within the areas of special flood
hazard established in section 8-5 are areas
Proposed Revision - 2000
designated as shallow flooding. These areas
have special flood hazards associated with base
flood depths of one (1) to three (3) feet where a
clearly defined channel does not exist and where
the path of flooding is unpredictable and
indeterminate; therefore, the following provisions
apply:
(1) All new construction and substantial
improvements of residential structures
shall have the lowest floor, including
basement, elevated to the depth number
specified on the flood insurance rate map,
in feet, above the highest adjacent grade.
If no depth number is specified, the lowest
floor, including basement, shall be
elevated at least t\\'o (2) three (3) feet
above the highest adjacent grade.
(2) All new construction and substantial
improvements of nonresidential structures
shall:
a. Have the lowest floor, including
basement, elevated to the depth
number specified on the flood
insurance rate map, in feet, above the
highest adjacent grade (if no depth
number is specified, the lowest floor,
including basement, shall be elevated
at least t\"IO (2) three (3) feet above
the highest adjacent grade) or,
b. Together with attendant utility and
sanitary facilities, be completely
floodproofed to or above that level so
that any space below that level is
watertight with walls substantially
impermeable to the passage of water
and with structural components
having the capability of resisting
hydrostatic and hydrodynamic loads
and effects of buoyancy.
Sec. 8-54. Standards for small streams.
Located within the areas of special flood hazard
established in section 8-5, where small streams
exist but where no base flood data have been
provided or where no floodways have been
provided, the following provisions apply:
13
FLOOD DAMAGE PREVENTION
(1)
No encroachments, including fill
material or structures shall be located
within a distance of the stream bank
equal to five (5) times the width of
the stream at the top of bank or
twenty (20) feet on each side from
top of bank, whichever is greater,
unless certification by a registered
professional engineer is provided
demonstrating that such
encroachments shall not result in any
increase in flood levels during the
occurrence of the base flood
discharge.
(2) New construction or substantial
improvements of structures shall be
elevated or floodproofed in
accordance with elevations
established in accordance with section
8-32(3).
Sec. 8-55. Standards for regulatory
floodways.
When floodways are designated within areas
of special flood hazard, additional criteria will
be met. Since the floodway is an extremely
hazardous area due to the velocity of
floodwaters which carry debris, potential
projectiles, and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited,
including fill, new construction,
substantial improvements and other
developments unless oertifioatioA by a
professional registered engineer or
architect is provided demonstrating
that eAcroachments shall not result in
any increase in flood leTiels duriAg
oecurrenee of the base flood
discharge.
(2) If (1) abo'ie is satisfied, all new
eonstruetiofl and substantial
improvemeRts shall eomply v;ith all
applicfrble flood hazard reduetion
provisions of section 8 51 and section
8 52. This prohibition shall not
preclude the City or other
Proposed Revision - 2000
governmental agency from performing
maintenance or flood control
improvements in the flood way to
maintain the viability of the floodway.
See. 8 56. Sand dunes and mangraT,'e stands.
There shall be no alteration of sand dunes or
mangro"le stands which v;ould mcrease
potential flood damage.
14
Recommended Change to the Land
Development Code
Sec. 9-241 Stormwater Management
(c) The drainage system for each subdivision
shall include a sufficient facility to remove
stonnwater without flooding any lot in the
proposed subdivision or in the sun'ounding
territory. All residential floor elevations shall
be a minimum of one and one half (1 ~~) feet
above the hundred year flood stage elevated 18
inches above base flood elevation.
All non-residential finished floor elevations
shall be elevated 18 inches above the base flood
elevation unless flood proofed in accordance
with Sec. 8-52(2) of the Flood Damage
Prevention Code.
J:\W0495\\VD\LDC CHANGE.DOC
(
ATTACHMENT B
ATTACHMENT C
Uti/O~/uu
10; 1 ti
'0' ;\ U 7 0 5 7 7 U u Ij
BREEVLOVE DENNIS
((tJ 002
BDA
ENVlk(JNMtNTt\L CUN::iULTANT:'i
OUTLiNE FOR WORKSHOP TO DISCUSS CITY ORDINANCES RELA TED TO WETLANDS,
CONSERVATION AREAS, THREATENED OR ENDANGERED SPECIES AND SPECIES OF
SPECIAL CONCERN AND THEIR HABITATS, AND BOAT DOCKS
A. Introduction
Overview of scope of work completed by Breedlove, Dennis & A!\sodates, Inc.
B. Ordioance Review
1. Overview of existing federal and state regulations relative t.J wetlands, conserv~tion areas
(CAs), Threatened or Endangered (T&E) species and Species of Special Concern (SSe)
and their habitats, and boat docks. .
a. Department of the Army, Corps ofEn~,.ineers (ACOE)
b. U.S. Fish and Wildlife Service (USFWS)
c. St. Johns River Water Management District (SJRWMD)
d. Florida Fish and Wildlife Conservation Commission (FWC)
2. Overview of City OfWinler Springs applicable ordinances.
a. Comprehensive Plan (1990-2010)
b. Chapter 5 - Arbor Ordinance
c. Chapter 8 - Flood Damage Protection
d. Chapter 20 - Zoning
3. Overview of other representative city/county ordinances.
a. Seminole County Land Development Code
b. Orange County Code of Ordinances
c, City of Orlando's Growth Management Plan
d. V olusia County Code of Ordinances
4. Overview of existing natural resources within the city of Winter Springs
C. Recommendations
1. Do not duplicate existing state and federal regulations in place for wetlands, CAs, T &E
and sse and their habitats, and boat docks.
2. Consideration of additional ordinance dl:velopment for the City of Winter Springs to
target special City concerns related to unique natural resources pres~nt within the City
that are not otherwise addressed by the federal WId state agencies.
3. Coordination with the SJRWMD staff on a regular basis regarding pending permit
applications for projects located within the city of Winter Springs.
?:\ADMIN\PROJECTS\99126\M ISClOLrrUNE.DOC
8REEDLC) v I: , l)f;NNIS &ASSOCIATt.'i./NC
3}O W. CAN'CON AVENIJF. / WINTER (.'AK/(. f'l H7~1I
PHtlNt. ~o].(.n 1882 / FAX 407,6H.700::l
FLOOD DAMAGE PREVENTION
(1)
No encroachments, including fill
material or structures shall be located
within a distance of the stream bank
equal to five (5) times the width of
the stream at the top of bank or
twenty (20) feet on each side from
top of bank, whichever is greater,
unless certification by a registered
professional engineer is provided
demonstrating that such
encroachments shall not result in any
increase in flood levels during the
occurrence of the base flood
discharge.
(2) New construction or substantial
improvements of structures shall be
elevated or floodproofed in
accordance with elevations
established in accordance with section
8-32(3).
Sec. 8-55. Standards for regulatory
floodways.
When floodways are designated within areas
of special flood hazard, additional criteria will
be met. Since the floodway is an extremely
hazardous area due to the velocity of
floodwaters which carry debris, potential
projectiles, and erosion potential, the
following provisions shall apply:
(1) Encroachments are prohibited,
including fill, new construction,
substantial improvements and other
developments unless eertification by a
professional registered engineer or
arehiteot is pro','idcd demonstrating
that encroachments shall not result in
any increase in flood levels during
ooeurrenoe of the base flood
disoharge.
(2) If (1) abo','e is satisfied, all nCVi
construction and substantial
improvements shall comply v,'ith all
applicable flood hazard reduction
provisions of scction 8 51 and scction
8 52. This prohibition shall not
preclude the City or other
Proposed Revision - 2000
governmental agency from performing
maintenance or flood control
improvements in the floodwav to
maintain the viability of the floodwav.
See. 8 56. Sand dunes and fflangnwe stands.
There shall bc no alteration of sand dunes or
mangrove stands whieh v:ould merease
potential flood damage.
14