HomeMy WebLinkAbout2000 09 11 Regular D Code of Ordinances Related to Wetlands, Conservation Areas and Docks
COMMISSION AGENDA
ITEM D
Consent
Informational
Public Hearing
Regular X
September 11. 2000
Meeting
a-
Mgr. /
Authorizaf n
"
REQUEST:
The Community Development Department, Planning Division, requests the City Commission
schedule a workshop to discuss 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 CPR Engineering, Inc.
NOTE: Please bring Attachments A and B to the workshop.
PURPOSE:
The purpose of this agenda item is for the Commission to set a date for a workshop 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. Specific sections of the Winter Springs code of
Ordinances to be reviewed are chapter 8, Flood damage prevention and chapter 9, Land
Development.
COD/August 31, 2000/4:44 PM
September 11, 2000
REGULAR AGENDA ITEM D
Page 2
CONSIDERA TIONS:
. 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.
. CPR Engineering, Inc. has recommendations related to chapter 8 of the City code, Flood
damage and prevention.
· A workshop scheduled for August 7,2000 was cancelled by the commission.
STAFF RECOMMENDATION:
Staff suggests that the Commission schedule a workshop with Breedlove, Dennis & Associates
and CPR Engineering, Inc. to consider recommendations related to codes governing wetlands,
conservation areas, boat docks and Floodplain Management.
Consultants are unavailable September 8, 11, 12, 26, 28, 29
ATTACHMENTS:
A. Flood damage prevention Chapter 8, Articles I, II and III.
B. Workshop outline related to wetlands and conservation areas.
COMMISSION ACTION:
CDD/September 1,2000/10:46 AM
\.
ATTACHMENT A
(
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:
Accessory 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 existinJ! building). 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.
(
Administrator. The f.cderal insurance
administrator, to whom the director of tho
federal emergency management agency has
designated the administration 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
vanance.
Appraised Value. The assessed value as listed
by the Seminole County Property Aopraiser.
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
(I) 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.
Building. See Stnwture.
Development. Any manmade 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.
Existing manufactured home park 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 oouring
of concrete pads) was completed before August
1 L 1981.
Expansion to an existing manufactured home
park 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
normally dry land areas from:
FLOOD DAMAGE PREVENTION
a. The overflow of inland or tidal waters;
and/or
b. The unusual and rapid accumulation or
runoff of surface waters from any
source.
Flood boundary and jloodway map. The
official map on which the administrator has
delineated both the flood boundaries and the
regulatory floodway.
Plead d.<rm&gc een:,'"-el administrator. The
officer of the city responsible for the execution
of this chapter and the delegation of
responsibilities for the indi'..idual taslcs contained
hereHr.
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
lliiministrator Federal Emergency Management
Agency or Federal Insurance Administration has
delineated both the speoial areas of special flood
hazards and the risk premium zones applicable
to the community.
Flood insurance study. An mwminntion,
evaluntion and determination of flood hazards
and, if appropriate, an examination, c'/aluation
and determination of mudslide (i.e., mudflow)
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.
Proposed Revision - 2000
Floodvlain Administrator. The individual
appointed to administer and enforce the floodplain
management regulations.
Floodplain management regulations. Any
zoning ordinances, land development ordinance,
subdivision regulations, building c_odes, 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.
Floodproojing. 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."
Floodwayencroachmenlline. The line marking
the limits of floodway maps on federal, state and
local floodplain maps.
Floodwav fringe. That area of the floodplain
on either side of the "Re1!ulatorv Floodway".
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 newlv 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
2
FLOOD DAMAGE PREVENTION
(
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.
Functionallv dependent 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.
Governin[! body. 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.
Hardshio. 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
reauires 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 nei€!hbors likewise cannot.
as a rule, qualify as an exceptional hardship. Ail
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
parcel 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 stmcture. Anv structure that is:
Proposed Revision - 2000
I. Listed individually in the National
Register of Historic Places (a listing
maintained bv 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:
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.
}'fangro'lc stand An assemblage of mangrove
trees ...,hich are mostly 10'1" trees noted for a
copious deo/elopmont of interlaoing adycntitious
roots abo'le the ground and "'/hich contain one (I)
er more of the following specios: Blaele mangrove
(,^.vicennia Nitida); red mangrove (RhizoJ*tem
Mangle); "'/hite mangro'/e (Languncularia
Racemosa); aAd buttoO'.yood (ConocufJ*lS
Ereeta).
Mam~raclured 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.
3
FLOOD DAMAGE PREVENTION
(
Manufactured home park or subdivision. A
parcel (or contiguous parcels) of land divided
into two (2) or more manufactured home lots for
rent or sale.
Mean sea level (MSL). TIle 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).
Mobile Home. See Manufactured home.
National Geodetic Vertical Datum (NGVD).
As corrected in 1929, NOVO 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 park 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-year flood or "IOO-vear flood.
See Base flood.
Proposed Revision - 2000
Public safety 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 any
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:
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
permanently towable by a light-duty truck:
and
4. Designed primarily not for use as a
permanent dwelling but as temporary 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.
Remedva 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 Olav be
reduced include protecting the structure or other
affected development from flood damages.
implementing the enforcement provisions of the
ordinance or otherwise dcterring future similar
4
FLOOD DAMAGE PREVENTION
(
violations. or reducing State or Federal financial
exposure with regard to the structure or other
development
Riverine. Relating to. formed by. or
resembling a river (including tributaries).
stream. brook. etc.
Sheet flow area. See Area of shallow
flooding.
Special flood hazard area (SFHA). An area
having special flood and shown on the FIRM as
Zone A. AI-A30. AE. A99. AH.
(
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. Permanent 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 !!
foundation. The tenll includes a building while
in the course of construction, alteration or repair
but does not includc 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"
Proposed Revision - 2000
shall have the same meaning for the purposes of
this chapter.
Substantial damage. Damage of any ongm
sustained by a structure whereby 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 mat=ket 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 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 ffiarmer that would otherwise be
prohibited by this chapter.
Violation. The failure of a structure or other
development to be fully 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
(NGVO) of 1929. (or other datum. where
5
FLOOD DAMAGE PREVENTION
specified) of floods of various magnitudes and
frequencies in the floodplains of coastal or
nvenne areas.
Watercourse. A lake. river. creek. stream.
wash. arroyo. channel or other topographic
feature on or over which waters flow at least
periodically. Watercourse includes specifically
designated areas in which substantial flood
damage may occur.
Sec. 8-2.
objectives.
Statement of purpose and
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:
(1)
To protect human life and health;
(2)
To minimize
money for
projects;
expenditure of public
costly flood-control
(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 mlmmlze prolonged business
interruptions;
(5)
To mmuTIlze damage to public
facilities and utilities such as water
and gas mains; electric, telephone and
sewer lines; streets and bridges
located 10 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;
Proposed Revision - 2000
(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:
(I) 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 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 admtmsH'ffief
6
FLOOD DAMAGE PREVENTION
(
Administration (FIA) of the Federal Emergency
Management Agency (FEMA) in a-seieAtifio and
eAgineering report entitled "The Flood Insurance
Study (FIA) for the City of Winter Springs,
Florida," dated March 16, 1981 April 17. 1995
with and accompanying flood boundary and
floodway 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 by
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 is on file at the city hall, 1126 East State
Road 434, Winter Springs, Florida, 32708.
Sec. 8-6. Abrogation and greater
restrictions.
(.
ll1is chapter is not intended to repeal,
abrogate, or impair any existing easements,
covenants or 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:
(I) Considered as minimum requirements;
(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
Proposed Revision - 2000
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 liabilitv 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 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. ADMINISTRA nON
Sec. 8-31. Designation of the floodplain
oomage control administrator.
The city manager is hereby appointed the
floodplain 8amage contrel--administrator to
7
FLOOD DAMAGE PREVENTION
I
\
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 dttm~e control
administrator.
Duties of the floodplain damage control
administrator shall include, but not be limited to:
(1) Permit review. Review all development
permits to determine that:
a. Review all applications for
EIevelepment permits to determine
that The requirements of this chapter
have been satisfied.
b. Revicw,' all applications f.or
development permits to determine
that All necessary permits have been
obtained from those federal, state or
local governmental agencies from
which prior approval is required.
~ The site is reasonably safe from
flooding. and
d. The proposed development does not
adversely affect the flood-carrying
capacity and/or flood-storage
capacity of the areas of special flood
hazard. For the purposes of this
article. "adversely 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 adversely 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 flood
hazard without simultaneously
providing additional flood-carrying
and flood-storage capacities to
Proposed Revision - 2000
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 b~ 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 floodway 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
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 control 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
8
FLOOD DAMAGE PREVENTION
(
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,
shall be cause to issue a stop work
order for the project. In zono A
only, the preceding certification is
not required except in those
instances in which base flood
elevation data are used from sources
sup~ental)' 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.
Proposed Revision - 2000
b. Require that maintenance is 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 9-10 I (a)(2) shall be required. In
addition, the provisions of section 9-241
which exceed the provisions of this
chapter, shall apply and be prerequisites
to issuance ofthe development permit.
(2) Construction in existing developments.
Already developed lands within or
including areas of special flood hazard
in this city for which building pcmlits
are requested shall be subject to the
provisions of this chapter, as shall lands
described in (a) above. After land
development is complcted 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 fomls
furnished by the floodplain E1amage-oontrof
9
FLOOD DAMAGE PREVENTION
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:
( I) 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.
Sec. 8-34. Variance procedure.
(a) Appeal board.
( I) 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 control. 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.
Proposed Revision - 2000
(b) Conditions under which variances may he
granted.
(I) 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 mat~.rial 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
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 any
mapped regulatory floodwav.
(41ill 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
10
FLOOD DAMAGE PREVENTION
(
...
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.
~@ 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.
(
~ru The city commission may attach such
conditions to the granting of any
variance as it deems necessary to further
the purposes of this chaptcr.
(8) The Floodplain Administrator will
maintain a record of all variance
actions. including iustification for their
isuance. and report such variances
issued to the Federal Insurance
Administration. Federal Emergency
Management Agency.
Sees. 8-35-8-50. Reserved.
ARTICLE III. STANDARDS
Sec. 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 bc anchored to
Proposed Revision - 2000
prevent flotation, collapse, or latcral
movement of the structure.
b. All manufactured homes shall bc
installed using methods and practices
which minimize flood damage. For
the purposes of this requircment,
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 limitcd 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
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 ncw 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:
11
FLOOD DAMAGE PREVENTION
(
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
impainnent 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.
d. Base flood elevation data shall be
proyided for subdh'ision
f}reposals and other proposed
developments .....hioh oontain at
least fifty (50) lots or five (5)
acres (.....J1icheyer 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
I.
Proposed Revision - 2000
provided to the Floodplain
Administrator.
e.[ All requirements of Chapter 9 of
this Code which exceed the above
criteria shall apply.
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:
(1) Residential construction: New
construction and substantial improvement
of any residential structure shall have the
lowest floor, including basement, elevated
t&-eF 18 inches above base flood
elevation.
(2) Nonresidential constmction: 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:
a. Be floodproofed so that below the base
flood the structure is watertight 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 certity 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 struG,tures are
12
FLOOD DAMAGE PREVENTION
(
floodproofed, shall be maintained by be certified by a registered professional
the local administrator as set forth in engineer or architect or must meet or exceed
section 8-32(4)a. the following minimum criteria: A minimum
of two (2) openings having a total net area
(3) Mobile homes: of not less than one (1) square inch for
every square foot of enclosed area subject
a. Mobile homes shall be anchored in to flooding shall be provided. The bottom
accordance with section 8-51(1)b. of all openings shall be no higher than one
b. For new mobile home parks and (1) foot above grade. Openings may be
mobile home subdivisions, for equipped with screens, louvers, or other
expansions to existing mobile home coverings or devices provided that they
parks and mobile home subdivisions, permit the automatic entry and exit of
for existing mobile home parks and floodwaters.
mobile home subdivisions where the
repair, reconstruction or (5) Mechanical and utility equipment: New
improvement of the streets, utilities installation and substantial improvement of
and pads equals or exceeds fifty (50) percent ofthe~ue aflthtritaiyts, tlDilitiogflnd padbbtlOu9 the repair
1. Stands or lots are elevated on plumbing, and air-conditioning equipment
compacted fill or on pilings so and other service facilities shall be elevated
that the lowest floor of the above the base flood elevation or designed
mobile home will be at or above so as to prevent water from entering or
the base flood level; accumulating within the equipment
2. Adequate surface drainage and components during conditions of flooding.
access for a hauler are
provided; and Sec. 8-53. Standards for areas of shallow
3. In the instance of elevation on flooding (AO zones).
pilings, that lots are large
enough to permit steps, piling Located within the areas of special flood hazard
foundations are placed in stable established in section 8-5 are areas designated as
soil no more than ten (10) feet shallow flooding. These areas have special flood
apart, and reinforcement is hazards associated with base flood depths of one
provided for pilings more than (1) to three (3) feet where a clearly defined
six (6) feet above the ground channel does not exist and where the path of
level. flooding is unpredictable and indetenninate;
c. No mobile home shall be placed in a therefore, the following provisions apply:
regulatory flood way or coastal high
hazard area, except in an existing (1) All new construction and substantial
mobile home park or an existing improvements of residential structures shall
mobile home subdivision. have the lowest floor, including basement,
elevated to the depth number specified on
(4) Enclosed areas below a structure's lowest the flood insurance rate map, in feet, above
floor: For all new construction and the highest adjacent grade. If no dcpth
substantial improvements, fully enclosed number is specified, the lowest floor,
areas below the lowest floor that are including basement, shall be elevated at
subject to flooding shall be designed to least two (2) three (3) feet above the
automatically equalize hydrostatic flood highest adjacent grade.
forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs
for meeting this requirement must either
Proposed Revision - 2000
13
FLOOD DAMAGE PREVENTION
(
(2) All ncw construction and substantial
improvcmcnts of nonresidential structures
shall:
I
l.,
a. Have the lowcst 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 1\'10 (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:
(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.
Proposed Revision - 2000
(2) New construction or substantial
improvements of structures shall be
elevated or floodproofed in accordance
with elevations established 111
accordance with section 8-32(3).
Sec. 8-55. Standards for regulatory
floodways.
When flood ways 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 arc prohibited, including
fill, new construction, substantial
improvements and other developments
unless certification by a professional
registered engineer or architect is
provided demonstrating that
encroachments shall net result III any
increase in flood levels during
occurrence ofthe base flood dischaFge.
(2) If (1) above is satisfied, all new
eenstruction and substantial
impro','cmcnts shall comply with all
applicable flood hazard redttettoo
provisions of scction 8 51 and section 8
~ This prohibition shall not preclude
the City or other governmental agency
from performing maintenance or flood
control improvements in the floodwav to
maintain the viability of the floodway.
See. 8 56.-Sane-eunes-and-mangfflve-stflnds.
+fler~all--be-ne--aItcration of sarn:hlUfles-ef
maHgfflve stands whieh-wellifrifter.ease-j*ltefltffil
tleed-6amage:.
14
(
ATTACHMENT B
(
U6/0~/uv
16:10
'0' :llJ 7 ti 5 7 7 U 0 Ij
bREEDLOVE DENNIS
f4J002
(
BOA
ENVlkQNMtNT:\L CONSULTANTS
OUTLINE FOR WORKSHOP TO DISCUSS CITY ORDINANCES RELA TED TO WETLANDS,
CONSERVATION AREAS, THREATENED OR ENDANGERED SPECIES AND SPECIES OF
SPECIAL CONCERN AND THEm HABITATS, AND BOAT DOCKS
A. Introduction
Overvi~w of scope of work completed by Breedlove, Dennis & Assodates, Inc.
B. Ordinance Review
1. Overview of existing federal and state regulations relative t.:> wetlands, conservation areas
(CAs), Threatened or Endangered (T&E) species and Spe<:ies of Special Concern (SSe)
and their habitats, and boat docks. .
a. Department of the Army, Corps ofEni,rlneers (ACOE)
b. U.S. Fish and Wildlife Service (USFWS)
c. S1. Johns River Water Management District (SJRWMD)
d. Florida Fish and Wildlife Conservation Conunission (FWC)
2. Overview of City of Winter Springs applicable ordinances.
\
:l.
b.
c.
d.
Comprehensive Plan (1990-2010)
Chapter 5 - Arbor Orclinancc
Chapter 8 - Flood Damage Protection
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. Volusia County Code of Ordinances
4. Overview of existing natural resources within the city of Winter Springs
C. Recommendations
I. Do not duplicate existing state and federal regulations in place for wetlands, CAs, t &E
aiId SSC and their habitats, and boat docks.
2. Consideration of additional ordinanc~ dl:velopment for the City of Wimer Springs to
target special City concerns related to unique natural resources prescnt within the City
that are not otbef',\'ise addressed by the federal and state agencies.
3. Coordination with the SJRWMD staff on a regular basis regarding pending permit
applicaliuns for projects located within thc city of Winter Springs.
P:\ADMIN\PROJECTS\99126\M ISOOlfTLfNE.DOC
8REEDLc>vf:. l)f;:NNIS ..5< ASSOCIATES. IN(:.
BO W CAN'CON ^VENI.IF. / WINTER I.'^'U.:. I'l '27~{I,/
PH(')Nt: ~07.(.n 1882 / f./\.X 40Hi~7.700~