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HomeMy WebLinkAboutOrdinance 2021-05 Amending City Code Chapter 8 Flood Damage Preventation ORDINANCE NO. 2021-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES TO REPEAL WINTER SPRINGS CODE OF ORDINANCES CHAPTER 8 FLOOD DAMAGE PREVENTION; TO ADOPT A NEW CHAPTER 8 FLOOD DAMAGE PREVENTION; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS,AND FOR OTHER PURPOSES; TO ADOPT TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE IN WINTER SPRINGS CODE OF ORDINANCES CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS; TO AMEND CHAPTER 9 LAND DEVELOPMENT TO REFLECT CURRENT NATIONAL FLOODPLAIN INSURANCE PROGRAM REQUIREMENTS, REDUCE POLLUTANT LOADS TO THE MAXIMUM EXTENT PRACTICABLE AND ENCOURAGE THE USE OF LOW IMPACT DEVELOPMENT TECHNOLOGIES IN STORMWATER MANAGEMENT SYSTEMS; PROVIDING FOR APPLICABILITY; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Winter Springs and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and WHEREAS, the City of Winter Springs was accepted for participation in the National Flood Insurance Program on September 16, 1981 and the City Commission desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the Florida Building Code that provide for more stringent requirements than those specified in the Code and allows adoption of local administrative and local technical amendments to the Florida Building Code to implement the National Flood Insurance Program and incentives; and WHEREAS, the City Commission previously adopted a requirement to increase the minimum elevation requirement for buildings and structures in flood hazard areas prior to July 1, 2010 and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with City of Winter Springs Ordinance 2021-05 Page 1 of 29 the Florida Building Code; and WHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed local technical amendments to the Florida Building Code and the proposed amendments are not more stringent than necessary to address the need identified, do not discriminate against materials, products or construction techniques of demonstrated capabilities, are in compliance with section 553.73(4), Florida Statutes; and WHEREAS, the City Commission has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Winter Springs that the following floodplain management regulations are hereby adopted. SECTION 1. RECITALS. The foregoing recitals are hereby fully incorporated herein by this reference and made a part hereof as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. SECTION 2. CHAPTER 8 REPEALED AND REPLACED. This ordinance specifically repeals former Chapter 8, Flood Damage Prevention, of the City Code and replaces such Chapter as set forth herein: CHAPTER 8 —FLOOD DAMAGE PREVENTION ARTICLE I. - IN GENERAL Sec. 8-1. - Definitions Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. Accessory structure. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage. Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance. City of Winter Springs Ordinance 2021-05 Page 2 of 29 ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-year flood" or the 1-percent-annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.] Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202; see "Basement (for flood loads)".] Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.] (1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number(in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.] Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before August 11, 1981. [Also defined in FBC, B, Section 202.] 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 pouring of concrete pads) is completed before August 11, 1981. City of Winter Springs Ordinance 2021-05 Page 3 of 29 Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 202.] (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 202.] (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 202.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1)foot. [Also defined in FBC, B, Section 202.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. City of Winter Springs Ordinance 2021-05 Page 4 of 29 Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building, Florida Building Code, Residential, Florida Building Code, Existing Building, Florida Building Code, Mechanical, Florida Building Code, Plumbing, Florida Building Code, Fuel Gas. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. Letter of Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: (1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. (4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primarily for transportation of persons and has a capacity of more than 12 City of Winter Springs Ordinance 2021-05 Page 5 of 29 persons; or (3) Available with special features enabling off-street or off-highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.] Manufactured home. A structure, transportable in one or more sections, which is eight (8)feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or"park trailer." [Also defined in 15C-1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the Actual Cash Value (like-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after August 11, 1981 and includes any subsequent improvements to such structures. Park trailer. A transportable unit which has a body width not exceeding fourteen (14)feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in section 320.01, F.S.] Recreational vehicle. A vehicle, including a park trailer, which is: [see in section 320.01, F.S.) (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (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. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, Al-A30, AE, A99, AH, V1430, VE or V. [Also defined in FBC, B Section 202.] City of Winter Springs Ordinance 2021-05 Page 6 of 29 Start of construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.] Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 202.] Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. Secs. 8-2—8-10. —Reserved. ARTICLE II ADMINISTRATION DIVISION 1 GENERAL Sec. 8-11. -Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Winter Springs, hereinafter referred to as "this ordinance." Sec. 8-12. -Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, City of Winter Springs Ordinance 2021-05 Page 7 of 29 remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development. Sec. 8-13. -Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. Sec. 8-14. -Coordination with the Florida Building Code. This ordinance is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. Sec. 8-15. -Warning. The degree of flood protection required by this ordinance and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. City of Winter Springs Ordinance 2021-05 Page 8 of 29 Sec. 8-16. - Disclaimer of Liability. This ordinance shall not create liability on the part of the City Commission of the City of Winter Springs or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. DIVISION 2 APPLICABILITY Sec. 8-17. -General.Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Sec. 8-18. -Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Winter Springs, as established in Section 8-19 of this ordinance. Sec. 8-19. -Basis for establishing flood hazard areas. The Flood Insurance Study for Seminole County, Florida and Incorporated Areas dated September 28, 2007, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Winter Springs Community Development Department, 1126 East State Road 434. Sec. 8-20. -Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Article II, Division 5 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. (2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. Sec. 8-21. -Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law. Sec. 8-22. -Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to the City's adopted Comprehensive Plan, land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance. Sec. 8-23. -Interpretation. In the interpretation and application of this ordinance, all provisions shall be: City of Winter Springs Ordinance 2021-05 Page 9 of 29 (1) 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. DIVISION 3 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR Sec. 8-24. -Designation. The City Manager is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. Sec. 8-25. -General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Article II, Division 7 of this ordinance. Sec. 8-26. -Applications and permits.The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation; (4) Provide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; and (8) Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance. Sec. 8-27. -Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, City of Winter Springs Ordinance 2021-05 Page 10 of 29 renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser or present evidence of the market value by another acceptable method as defined in this Chapter, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance is required. The Floodplain Administrator may utilize the Substantial Improvement/Substantial Damage Desk Reference, May 2010 edition or as thereafter amended, published by the Federal Emergency Management Agency, to assist in substantial improvement and substantial damage determinations. Sec. 8-28. - Modifications of the strict application of the requirements of the Florida Building Code.The Floodplain Administrator shall review requests submitted to the Building Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Article II, Division 7 of this ordinance. Sec. 8-29. - Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance. Sec. 8-30. -Inspections. The Floodplain Administrator shall make the required inspections as specified in Article II, Division 6 of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. Sec. 8-31. -Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 8-27 of this ordinance; (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain City of Winter Springs Ordinance 2021-05 Page 11 of 29 Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code to determine that such certifications and documentations are complete; and (5) Notify the Federal Emergency Management Agency when the corporate boundaries of the City are modified. Sec. 8-32. - Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at the Winter Springs Community Development Department, 1126 East State Road 434. DIVISION 4 PERMITS Sec. 8-33. - Permits required. Any owner or owner's authorized agent (hereinafter"applicant") who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied. Sec. 8-34. - Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. City of Winter Springs Ordinance 2021-05 Page 12 of 29 Sec. 8-35. - Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this ordinance: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps Sec. 8-36. -Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in Article II, Division 5 of this ordinance. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Administrator. Sec. 8-37. -Validity of permit or approval. The issuance of a floodplain development permit City of Winter Springs Ordinance 2021-05 Page 13 of 29 or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. Sec. 8-38. - Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. Sec. 8-39. -Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community. Sec. 8-40. -Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable local, state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: (1) The St. Johns River Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (4) Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act. (5) Federal permits and approvals. DIVISION 5 SITE PLANS AND CONSTRUCTION DOCUMENTS Sec. 8-41. - Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: (1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development. (2) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 8-42(2) or (3)of this ordinance. (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in City of Winter Springs Ordinance 2021-05 Page 14 of 29 accordance with Section 8-42(1) of this ordinance. (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures. (5) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. (6) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. (7) Existing and proposed alignment of any proposed alteration of a watercourse. (8) Elevation of the proposed lowest floor (including basement) of all structures. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. Sec. 8-42. -Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (b) Specify that the base flood elevation is two (2)feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. Sec. 8-43. -Additional analyses and certifications. As applicable to the location and nature City of Winter Springs Ordinance 2021-05 Page 15 of 29 of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway and for which a variance is sought, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1)foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 8-44 of this ordinance. Sec. 8-44. - Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. DIVISION 6 INSPECTIONS Sec. 8-45. - General. Development for which a floodplain development permit or approval is required shall be subject to inspection. Sec. 8-46. - Development other than buildings and structures. The Floodplain Administrator shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. Sec. 8-47. - Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. Sec. 8-48. - Buildings, structures and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida City of Winter Springs Ordinance 2021-05 Page 16 of 29 Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator: (1) If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (2) If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 8-42(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. Sec. 8-49. - Buildings, structures and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 8-48 of this ordinance. Sec. 8-50. - Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator. DIVISION 7 VARIANCES AND APPEALS Sec. 8-51. - General. The City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. Sec. 8-52. -Appeals. 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 Administrator in the administration and enforcement of this ordinance. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes. Sec. 8-53. - Limitations on authority to grant variances. The City Commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 8-57 of this ordinance, the conditions of issuance set forth in Section 8-58 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The City Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance. Sec. 8-54. - Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 8-43 of this ordinance. Sec. 8-55. - Historic buildings. A variance is authorized to be issued for the repair, City of Winter Springs Ordinance 2021-05 Page 17 of 29 improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. Sec. 8-56. - Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of Section 8-54, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. Sec. 8-57. -Considerations for issuance of variances. In reviewing requests for variances, the City Commission shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this ordinance, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated development; (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) The safety of access to the property in times of flooding for ordinary and emergency vehicles; (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. Sec. 8-58. - Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with City of Winter Springs Ordinance 2021-05 Page 18 of 29 any provision of this ordinance or the required elevation standards; (2) Determination by the City Commission that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief; (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to.the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for$100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. DIVISION 8 VIOLATIONS Sec. 8-59. -Violations.Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. Sec. 8-60. -Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. Sec. 8-61 - Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. Sec. 8-62— Enforcement and penalties. The city may enforce the provisions of this Chapter by any lawful means including, but not limited to, issuing a civil citation, bringing charges before City of Winter Springs Ordinance 2021-05 Page 19 of 29 the city's code enforcement board or special magistrate, and seeking injunctive and equitable relief. Where a violation of this Chapter does not constitute a hazardous condition requiring immediate and direct governmental action to abate a serious and continuing danger to the public, notice shall be provided to the property owner in accordance with Chapter 162, Florida Statutes and Chapter 2, Article III, Division 2, of the City Code, describing a violation of this Chapter. Secs. 8-63-8-80. - Reserved. ARTICLE III FLOOD RESISTANT DEVELOPMENT DIVISION 1 BUILDINGS AND STRUCTURES Sec. 8-81 - Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 8-35 of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Article I II, Division 7of this ordinance. DIVISION 2 SUBDIVISIONS Sec. 8-82 - Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 8-83 - Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, and including the elevation of proposed structure(s) and pad(s) shall be shown on preliminary plats; (2) Where the subdivision is filled to an elevation 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; City of Winter Springs Ordinance 2021-05 Page 20 of 29 (3) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 8-42(1) of this ordinance; and (4) Compliance with the site improvement and utilities requirements of Article III, Division 3 of this ordinance. DIVISION 3 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS Sec. 8-84 - Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. Sec. 8-85 -Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on- site waste disposal systems to the extent allowed by the Comprehensive Plan shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. Sec. 8-86 -Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. Sec. 8-87 - Prohibition on development in regulatory floodways. No development, including but not limited to site improvements, land disturbing activity involving fill or regrading, or substantial improvements shall be authorized in the regulatory floodway, except the replacement installation of manufactured homes in existing manufactured home parks or existing manufactured home subdivisions as provided in Section 8-90. This prohibition shall not preclude the city or other governmental agency from performing maintenance or flood control improvements in the floodway to maintain the viability of the floodway. Sec. 8-88 - Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures, fill shall comply with the requirements of the Florida Building Code. DIVISION 4 MANUFACTURED HOMES City of Winter Springs Ordinance 2021-05 Page 21 of 29 Sec. 8-89 -General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S.,and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. Sec. 8-90 - Limitations on installation in floodways. New installations of manufactured homes shall not be permitted in floodways. Replacement installation of manufactured homes in floodways shall be permitted in an existing manufactured home park or an existing manufactured home subdivision provided that all other requirements of this Division are satisfied. Sec. 8-91 - Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2 and this ordinance. Sec. 8-92 -Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. Sec. 8-93 - Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required in the Florida Building Code, Residential Section R322.2 (Zone A). Sec. 8-94 - Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 for such enclosed areas. Sec. 8-95 - Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322. Secs. 8-96—8-97. —Reserved. DIVISION 5 RECREATIONAL VEHICLES AND PARK TRAILERS Sec. 8-98 -Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. City of Winter Springs Ordinance 2021-05 Page 22 of 29 Sec. 8-99 - Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 8-98 of this ordinance for temporary placement shall meet the requirements of Article III, Division 4 of this ordinance for manufactured homes. DIVISION 6 TANKS Sec. 8-100 - Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. Sec. 8-101 -Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 8-102 of this ordinance shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris. Sec. 8-102 -Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the design flood elevation and attached to a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area. Sec. 8-103 -Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. DIVISION 7 OTHER DEVELOPMENT Sec. 8-104 -General requirements for other development. All development, including man- made changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the Florida Building Code, shall: (1) Be located and constructed to minimize flood damage; (2) Meet the limitations of Section 8-87 of this ordinance if located in a regulated floodway; (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (4) Be constructed of flood damage-resistant materials; and (5) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for City of Winter Springs Ordinance 2021-05 Page 23 of 29 wet locations. Sec. 8-105 - Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall be prohibited as provided in Section 8-87 of this ordinance. Sec. 8-106 - Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall be prohibited as provided in Section 8-87of this ordinance. Sec. 8-107 - Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall be prohibited as provided in Section 8-87 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 8-43(3)of this ordinance. DIVISION 8 ACCESSORY STRUCTURES Sec. 8-108 -Accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and: (1)Are one-story and not larger than 600 sq. ft. (2) Have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential. (3)Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. (4) Have flood damage-resistant materials used below the base flood elevation plus one (1) foot. (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1)foot. DIVISION 9 COMPENSATORY STORAGE FOR ENCROACHMENTS Sec. 8-109—Compensatory Storage. Compensatory storage for all encroachments into a special flood hazard area shall be provided in accordance with the following requirements: (1) Compliance will be based upon a volume for volume ("cup for cup") methodology, with the volume of compensation equal to the volume of encroachment at each and every elevation (one-foot contour interval). Providing compensating storage equal to the volume of encroachment at each elevation will provide equivalent management for all storm events of magnitude less than the 100-year storm event, and is intended to prevent cumulative water quantity impacts. (2) Compensatory storage creation shall occur below the existing base flood elevation and above the predicted Seasonal High Ground Water Table (SHGWT) and/or the Seasonal City of Winter Springs Ordinance 2021-05 Page 24 of 29 High Water Levels (SHWL). (3) Compensatory storage shall occur within dedicated storage areas excavated contiguous to the existing special flood hazard area. (4) Under no circumstances will compensatory storage be allowed within ponds that also provide stormwater management (retention and/or detention)for the proposed development. (5)The City may approve the creation of off-site compensatory storage areas located outside the property boundary on a case-by-case basis. (6)The City reserves the right to enforce additional criteria upon any project that is located within what the City considers a special flood hazard area. At the City's discretion, additional flood control measures may be required to adequately protect upstream systems, downstream systems, and/or off-site properties. (7) Floodplain encroachment shall be computed for all fill placed within the special flood hazard area, or for any other volume displacing activities, below the base flood elevation and above the predicted SHGWT or SHWL. DIVISION 10 SETBACK STANDARDS Sec. 8-110—Standard for small stream setback. Located within the areas of special flood hazard, 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. (2) New construction or substantial improvements of structures shall be elevated as provided in the Florida Building Code. SECTION 3. CODE AMENDED. Chapter 9 of the Winter Springs Code of Ordinances, is hereby amended as follows. (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 9 — LAND DEVELOPMENT * * * City of Winter Springs Ordinance 2021-05 Page 25 of 29 ARTICLE III. - DESIGN STANDARDS DIVISION 1. - GENERALLY Sec. 9-101. - In general. (a) Suitability of land. (1)All lands included within a development shall be of such nature that the lands can be developed to the minimum standards of this city for the various purposes proposed in the request for development approval. Further, no development plans shall be approved unless the city commission finds after full consideration of all pertinent data that the development can be served adequately and economically with such normal public facilities and services as are suitable in the circumstances of the particular case. (2) Reserved. to fifteen (15) ORGheS at any tome during the yeaF as shown On Table 4, Seffil hayiRg a flooding hazaFd eyeFy yeaF, eF depth to seaGgRally high wateF table ef zeFe (0) Seminole Gounty, Florida by United State6 Department of A94rVulture sail Gense-pMatieR SeFVOG9, shall not be developed, unless develeper shall submit dGGUM8Rtatign p,,rne66 fer Whieh the lz„a is; he developed. This der.,,mentation in thl.�'YeYVr.m. of seil nthpr submitted prier to er ale-Rg with the prelimineni plan SUbMitFenl (3)The city commission after considering all information submitted, including staff reviews, shall be required to make finding by motion duly passed whether the land is suitable for development as proposed, and if so the plan shall be approved for further processing. (b) Conformity with comprehensive plans. The subdividing and development of any area subject to this chapter shall be in conformity with the general goals and objectives of the city with respect to any presently officially adopted comprehensive development plan, existing zoning plan and requirements including all amendments thereto, policies and plans present and future established by the city commission with respect to lake levels, navigational requirements and policies, water supply, waste disposal and other essential utilities, and overall drainage plan and policies for development in any special improvement district. (c) Use of natural features. The arrangement of lots and blocks and street systems should make the most advantageous use of topography and preserve mature trees and other natural physical features wherever possible. City of Winter Springs Ordinance 2021-05 Page 26 of 29 DIVISION 4. — DRAINAGE Sec. 9-241. —Stormwater Management. (d) Retention/detention ponds. (1) Dry bottom ponds. All dry bottom retention/detention ponds will have a pond bottom elevation of no less than one (1)foot (twelve (12) inches) above the seasonal high ground water elevation, which is to be determined by a registered professional engineer in the State of Florida with an expertise in soils. The side slopes of all dry bottom retention/detention ponds shall not be steeper than two and one-half (2Y2) horizontal to one (1) vertical. All dry bottom ponds with no exceptions, in which the side slopes are steeper than four(4) horizontal to one (1) vertical shall require a green vinyl chainlink fence with a minimum height of four (4)feet. All fences must meet setback requirements in section 6- , buildings and building regulations. (2) Wet bottom ponds. All wet bottom ponds must have side slopes no steeper than four(4) horizontal to one (1) vertical measured from the top of the berm down to at least three (3) feet below the normal water level, measured vertically. This is the side slope transition point. Side slopes may then transition, from the transition point, to no steeper than two (2) horizontal to one (1) vertical down to the pond bottom. Wet bottom pond side slopes steeper than these values are not allowed. If a fence is used, it must be of the same specifications as the fence for dry bottom ponds. (3) All ponds. Retention, detention, percolation, and treatment of stormwater are required by the city. Stormwater regulations, criteria and requirements of the State of Florida, St. Johns River Water Management District and the Department of Environmental Protection, as they may exist and be modified from time to time, are to be the regulations, criteria, and requirements which the city shall utilize for review of stormwater facilities. All city stormwater requirements shall also apply in addition to any federal and state requirement. If there is a conflict between requirements, the stricter requirement will apply. All ponds shall have a minimum ten (10) foot wide stabilized maintenance berm capable of supporting a maintenance vehicle. There shall be a minimum ten (10)foot wide easement to each pond dedicated to the city and the homeowners' association (if planned). All fenced ponds must have a locked gate with ten-foot wide gate opening. (4) For new development or significant redevelopment, those stormwater management systems that eventually discharge into the city's MS4 (municipal separate storm sewer systems) should mitigate any increase in pollutant loads to the maximum extent practicable. To meet this requirement, the city encourages the use of best management practices (e.g., stormwater reuse and baffle boxes), as well as low impact development technologies, including but not limited to: replacement of traditional paying materials with porous concrete/pervious pavement, grass swales, bio-retention, and other comparable methods. City of Winter Springs Ordinance 2021-05 Page 27 of 29 SECTION 4. CODE AMENDED. Section 6-82 of Winter Springs Code of Ordinances, Chapter 6 Buildings and Building Regulations, is hereby amended by the following technical amendments to the Florida Building Code, Building. Sec. 6-82.— Reciccse iced-Technical Amendments to the Florida Building Code. The city hereby adopts the following technical amendments to the Florida Building Code and Florida Building Code, Residential: Florida Buildinq Code. 1612.4.3 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 18 inches, whichever is higher. Florida Building Code. Residential. R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 18 inches , or the design flood elevation. whichever is higher. 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor(including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 18 inches44GG m-), or not less than 3.5 feet 3 feet if a depth number is not specified. 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 18 inches , or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section 322.2.2. SECTION 5. PISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 6. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Winter Springs. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. City of Winter Springs Ordinance 2021-05 Page 28 of 29 SECTION 7. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the City Commission that the provisions of this ordinance shall become and be made a part of the City of Winter Springs Code of Ordinances, and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 9. EFFECTIVE DATE. This ordinance shall become effective upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. PASSED and ADOPTED in regular session, with a quorum present and voting, by the City Commission, upon second and final reading this 9 day of 4ufy;2021. August �V, •W �� Mayor Kevin McCann ATTEST: Christian Gowan, City Clerk <t,�:•' /� AP OVED AS TO FORM: A? -: Anthony A. Garganese •...... t Sf>UI1SOl�' City of Winter Springs Ordinance 2021-05 Page 29 of 29 Orlando Sentinel „ ,­........... �,, ���o mnioorrrrrrrrmnlll�lo///O�ll/lam Published Daily ORANGE County,Florida Sold To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 Bill To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 State Of Illinois County Of Cook Before the undersigned authority personally appeared Jeremy Gates,who on oath says that he or she is an Advertising Representative of the ORLANDO SENTINEL,a DAILY newspaper published at the ORLANDO SENTINEL in ORANGE County,Florida; that the attached copy of advertisement, being a Legal Notice in the matter of 11200- Misc.Legal,Ordinance 2021-05 was published in said newspaper in the issues of May 31,2021. Affiant further says that the said ORLANDO SENTINEL is a newspaper Published in said ORANGE County,Florida,and that the said newspaper has heretofore been continuously published in said ORANGE County,Florida, each day and has been entered as periodicals matter at the post office in ORANGE County Jeremy Gates Signature of Affiant Name of Affiant Sworn to and subscribed before me on this 1 day of June, 2021, by above Affiant,who is personally known to me(X)or who has produced identification O. Signature of Notary Public END A4s1 K0,11, SA 01t r;IQ1AL S E,At. U0 Par t/'P4ubi $talgAv;tNtllj9'rj4:s 2024 Name of Notary,Typed,Printed,or Stamped 6961682 Orlando Sentinel „=,,­........... �,, ���o mnioorrrrrrrrmnlll�lo///O�ll/lam CITY OF WINTER SPRINGS NCMWE OF PUBLIC HEARING (NOTICE IS HEREBY GIVEN THAT THE PLAYNNINC dMINCM ZONING BOARLMf LOCAL PLANNING AGENCYAND CITY IDOMMISSII.IN PROPOSES TO CONSIDER: ORDINANCE NO. 2021.% AN ORDINANCE OF THE CITY COMMISSION OF THE CITYOF )KI N"TER SPRINGS, FLORIDAv AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES TO REPEAL WINTER S7PR.INGS, CODE OF ORDINANCES CHAPTER 8 FLOOD DAMAGE PREVENTION; TO ,ADOPT A NEW CHAPTER 8 FLOOD DAMAGE PREVENTION;; TO ADOPT FLOOD HAZARD MAPS, DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AN 1) CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT TECHNICAL APAEHD ENTS TO THE FLORIDA, BUILDING CODE IN W1NTER SPRINGS CODE F ORDINANCES CH.A.PTER 6 BUILDINGS APNE'y BUILDING REGULATIONS; TO AM,EN1) CH.APTER 2 LAND DEVELOPMENT TO REFLECT CURRENT NATIONAL FLOO bPLAIN INSURANCE PROGRAM REQUIREPw"M;ENTS, REDUCE POLLUTANT LOADS TO THE MAXIMUM EXTENT PRACTICABLE AND ENCOURAGE THE USE OF LC4'wtiu IMPACT EaETIELOPMENT TECHNOLOGIES IN STORPAWA,TER MANAGEMENT SYSTEMS; PRO IDING FOR. APPLICABILITY; SEVERABILITY;; AND AN EFFECTIVE bATE. PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON THURSDAY, JUNE 3, 2020 ,AT 5 30 PAA,,. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE. WINTER SPRINGS CITY HALL, 1126 EAST STATE ROAD 434,WINTER SPR.kNGS, FLORIDA, CITY COMMISSION TRANSMITTAL/ FIRST READING PUBLIC HEARING WILL BE HELD ON MbNEa,A;Y,, JULY 12, 2021 ,AT 5 30 PPA, OR SOON THEREAFTER IN THE COAVAISSION CHAMBERS LOCAT'Eb AT WINTER. SPRINGS CITY HALL, 1125 EAST STATE RCJAD 434,WINTER SPRINGS, FLORIDA, CITY COPAPAISSION TRANSMITTAL/ SECOND READING PUBLIC HEARING WILL BE HELEN ON MONDAY, ,AUGUST 9, 2021 ,AT d P, M,„ OR SOON THEREAFTER IN THE. COMMISSION CHAMBERS LOCATED AT WINTER" SPRINGS CITY HALL, 1126 EAST S TA,T E R Cry:D 434,W I N T E R. SPRINGS, FLORIDA, The proposed ordinance may be Inspected BY Interested lacrrtle Ijet peen 8 ca.rn,. and 5 P rn,, Monday thr U0 Friday, at the CItys, Clerk's Office, located at 1125 East State Road 434, 'w, fnter, Springs, Florida, For more information roll (A07) 327-1800,- Extension 253Interested perrtles n)cryf appear ar cit the ,,reefing and Be heard with respect to the proposed ordinance, P rsom v ith di5crbil4ties needing cssi'wtcanc;e to participate In any, of these proceedings ShOr,rlcl ccrrtcrct Orlando Sentinel ........... ���o mnioorrrrrrrr�mnl�ll�lo///O�ll/lam Tne r`MP10Yee KeICITIOM uepammem C'oordinat'or, 48 hours, fn advance of the meetfng cat (407) .Q7-1800, EKtensfon 236, This fs; a public hearing, If YOU decider to appeal any recommend atfoiV clec,isfon rrlcacle by the City Coinnifssfon with respect to any matter considered at this nix ethig, You will need a record f the Proceedings, and for sr.rch PUr POSeS, YOU 1'11c1Y gleed to ensure, that CI verb ati'm record of the proceedfrigs Is made r.r13011 which the appeal Is based, Inter~estecl partfe . are caclvisecl that they may appear cat the rneefing clad Ioe hard with respect to the. Proposed ordinance, W6102 SOOT 6961682