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HomeMy WebLinkAboutOrdinance 245 Special Flood Hazard ORDINANCE NO. 245 AN ORDlNANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REGULATING CONSTRUCTION IN AREAS OF SPECIAL FLOOD HAZARD AS REQUIRED BY THE FEDERAL EMEREGENCY MANAGEMENT AGENCY TO MAKE AVAILABLE FLOOD INSURANCE TO CITIZENS OF WINTER SPRINGS; CONFLICTS; EFFlCTIVE DATE. WHEREAS, the Legislature of the State of Florida has in Chapter 163, Florida Statutes, delegated the responsibility to each local govern- mental unit to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the flood hazard areas of Winter Springs, Florida, are subject to periodic inundation which results 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 im- pairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, these flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas; and uses that are inadequately flood-proofed or elevated, or otherwise unpro- tected from flood damage, contribute, also, to the flood loss. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS : SECTION I - That a Chapter 19 of the Code of Ordinances of Winter Springs, Florida, is hereby created to read as follows: CHAPTER 19 Flood Damage Prevention ARTICLE I. IN GENERAL Section 19-1. Statement of Purpose and Objectives. The purpose and objectives of this ordinance 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 a expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associa- ted with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridge located in areas of special flood hazard. (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize furture flood blight areas; (7) To insure that potential buyers are notified that property is in an area of special floord hazard; and, (8) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. Section 19-2 Methods of Reducing Flood Losses. In order to accomplish its purpose and objectives, this ordinance includes methods and provisions for : (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damagiag increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facili- ties which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, streams channels, and natural flood barriers, which help accomodate or channel flood waters; (4) Controlling fillng, grading, dredging, .nd other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may in- crease flood hazards in other areas. -2- L Section 19-3 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonsable application. (1) Administrator: The Federal insurance Administrator, to whom the Director of the Federal Emergency Management Agency has designated the administration of the National Flood Insurance Program. (2) Appeal: A request for a review of the flood Damage Control Administrator's interpretation of any provision of this ordinance or a request for a variance. (3) 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 to three feet; a clearly de- fined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. (4) Area of Special Flood HazardA: The land in the flood plain within a community subject to a one percent or greater chance of flooding in any one given year. (5) Base Flood: the flood having a one percent chance of being equalled or exceeded in any given year. (6) Base Flood Elevation: The crest elevation in relation to mean seal level (MSL) (using National Geodetic Vertical Datum) expected to be reached during a flood which encompasses the regulatory flood plain. (7) Development: Any man-made change to improve or unimprove 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. -3- (8) Existing Mobile Home Park or Mobile Home Subdivision: A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construc- tion of facilities for servicing the lot on which the mobile homes are to be affixed (including the installation of utili- ties, either final site grading or pouring of concrete or the construction of streets) is completed before the effective date of this ordinance. (9) Expansion to an Existing Mobile Home Park or Mobile Home Sub- division: The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). (10) Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland or tidal waters and/or (b) the unusual and rapid accumulation or runoff of surface waters from any source. (11) Flood Boundary and Floodway Map: The official map on which the Administrator has delineated both the Flood Boundaries and the Regulatory Floodway. (12) Flood Damage Control Administrator: The officer of the City of Winter Springs responsible for the execution of this ordinance and the delegation of responsibilities for the individual tasks contained herein. (13) Flood Elevation Determination: A determination by the Ad- ministrator 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. (14) Flood Insurance Rate Map (FIRM) : An official map of a community, on which the Administrator has delineated both the special areas and the risk premium zones appli- cable to the community (15) Flood lnsurance Study: An examination, evaluation and determination of flood hazards and, if appropriate, an examination, evalution and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. (16) Flood Plain: 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. (17) Flood Plain Management Regulations: Any zoning ordinances, land development ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain management ordinance, grading ordinance and erosion control ordinance), and other aplplications 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. (18) Flood-Proofing: Structural changes or adjustments incorpora- ted 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: (19) Floodway Encroachment Line: the line marking the limits of floodway maps on Federal, State and local flood plain maps. (20) Highest Adjacent Grade: The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. (21) Lowest Habitable Floor (Including Basement): Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage is not a "habitable floor." (22) Mangrove Stand: An assemblage of mangrove trees which are mostly low trees noted for a copious development of inter- lacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avi- cennia Nitida); red managrove (Rhiziphora Mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta). (23) Mean Seal Level (MSL): The average height of the sea for all stages of the tide. It is used as a reference for estab- lishing varying elevations within the flood plain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD). (24) Mobile Home: A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. (25) National Geodetic Vertical Datum (NGVD): As corrected in 1929, NGVD is a vertical control used as a reference for establishing varying elevations within the flood plain. (26) New Construction: Structures for which the "start of construction" commenced on or aftere the effective date of this ordinance. (27) New Mobile Home Park or Mobile Hiome Subdivision: A parcel (or contiguous parcels) or land divided into two or more home lots for rent or sale for which the construction of facilities for servicing the lots (including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. -6- (28) Regulatory Flood: For purpose of this ordinance 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 100 year flood. (29) 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. ( 30 ) Regulatory Floodway: The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the velocity waters of the regulatory flood. (3l) Start of Construction: The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure, or any part thereof, including its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the start of installation of a pad or foundation which is permanent in nature. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed -7- (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. (32) Structure: A walled and roofed building, that is princi- pally above ground and affixed to a permanent site, as well as a mobile home on foundation. The term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies in- tended for use in construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. The words "building" and "Structure" shall have the same meaning for the purposes of this ordinance. (33) Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this defini- tion "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structur- al part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (a) any project for improve- ment of a structure to comply with existing State of local health, sanitary, or safety code specifications which are solely necessary to asssure safe living conditions, or (b) any alteration of a stucture listed on the National Register of Historic Places or a State Inventory of Historic Places. (34) Variance: A grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. Section 19-4 Lands to Which This Ordinance Applies. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of Winter Springs, Florida. Section 19-5 Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study for the City of Winter Springs, Florida", dated March 16, 1981, with accom- panying Flood boundary and Floodway Map and Flood Insurance Rate Map are hereby adopted by reference and declared to be a part of this ordinance. The flood Insurance Study is on file at Winter Springs City Hall, 400 North Edgemon Avenue Winter Springs, Florida, 32708. Section 19-6 Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance. Failure to comply with any of its requirements (including violations of condi- tions and safeguards established in connection with grants of variances) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 90 days, or both, for each violation, and in additional 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 of Winter Springs from taking such other lawful action as is necessry to prevent or remedy any violation. Section 19-7 Abrogation and Greater Restrictions. This ordiance is not intended to repeal, abrogate, or impair any existing easements, convenants or deed restrictions. However, where this ordiance and other ordinance, easement, convenant, or deed restriction conflict or overlap, whichever imposes the more stringent restirct6ions shall prevail. Section 19-8-Interpretation. In the interpretation and application of this ordinance, all provisions shall be : (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. Section 19-9. Warning Regarding "Area of Special Flood Hazard" Designations. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man~de or natural causes. This ordinance does not u-ply that land outside the areas of special flood hazard or uses pemitted within such areas will be free from flooding or flood damages. ARTICLE II. Permitting Procedures Section 19-10. Designation of the Flood Damage Control Administrator The City Manager of Winter Springs, Florida, is hereby appointed the Flood Damage Control Administrator to administer and Uaplement this ordinance. (The City Manager may delegate the responsibilities for the individual tasks contained herein.) Section 19-11. 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 19-5. (1) New Developments. When new development proposals include lands designated as areas of special flood hazard, the aforementioned Develop- ment Permit shall not be issued until all applicable require- ments of Ordinance 235 of the City of Winter Springs have been fulfilled. Specifically, the procedures outlined in Article III, Section 14-60, paragraph 1 of Ordinance 235 shall be required. In addition, the provisions of Section 14-122, of Ordinance 235, which exceed the provisions of this ordinance, shall apply and be prerequisites to issuance of the Develop- ment Permit. (2) Construction in Existing Developments Already-developed lands within or including areas of special flood hazard in this City for which building permits are requested shall be subject to the provisions of this ordinance, as shall lands described in Paragraph A above -10- After land development is completed. No construction of any nature, neither buildings, nor site preparation, nor modification of existing roads, utilities, drainage systems or other nonstructural improvements shall be allowed within areas of special flood hazard until the development permit herein required has been issued. B. Application for Permit Application for a Development Permit shall be made on forms furnished by the Flood Deaage Control 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 applica- tion for the Development Permit: (1) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures. (2) Elevation in relation to mean sea level to which any non- residential structure will be flood-proofed. (3) Certification from a registered professional engineer or architect that the non-residential flood-proofed structure meets the flood-proofing criteria in Section 19-15, B. (4) Description of the extent 00 which any watercourse will be altered or relocated as a result of proposed development. Section 19.12. Duties and Responsibilities of the Flood Damage Control Administrator. Duties of the Flood Damage Control Administrator shall include, but not be limited to: A. Permit Review (1) Review all applications for development permits to determine that the requirements of this ordinance have been satisfied. -11- (2) Review all applications for 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. B. Interpretation of FIRM Boundaries Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 19-13. C. Use of, Other Base Flood Data When base flood elevation data have not been provided in accordance with Sec. 19-5, Basis for Establishing the Areas of Special Flood Hazard, the Flood Damage Control Administrator shall obtain, review, and reasonably utilize any base flood elevation 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), in order to administer Sections19-15,A, Specific Standards, Residential Construction, and Sec. 19-15,B, Specific Standards, Non-residential Construction. D. Issuance of Permit and Record Keeping. After ascertaining that all requirements of this ordinance have been met, the Flood Damage Control Administrator may issue the Development Permit. After issuance of the permit, the local Ad- ministrator shall: -12- (1) Acquire a flood elevation or floodproofing certifi- cate after the lowest floor is completed. Within twenty- one calendar days of establishment of the lowest floor elevation or floodproofing by whatever construction means, it shall be the duty of the permit holder to submit to the City Manager a certification of the elevation of the lowest floor or floodproofed elevation, as built, in relation to mean sea level. Said 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, said certification shall be pre- pared 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 designatd sub- ordinate shall review the flood elevation survey data sub- mitted. 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 survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. (2) Maintain for public inspection all records pertaining to the provisions of this ordinance. E. Control of Alteration of Watercourses The local Administrator shall: (1) Notify adjacent communities and the Florida Department of Community Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided with the altered or relocated portion of said watercourse so that the flood- carrying capacity is not diminished. -13- SECTION 19-13. Variance Procedure. A. Appeal Board (1) The City Council as established by the City of Winter Springs shall hear and decide appeals and requests for variance from the requirements of this ordinance. (2) The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Flood Damanage control Admini- strator in the enforcement or administration of this ordinance. (3) Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Circuit Court. B. Conditions under which Variances May bre Granted. (1) In passing upon such application, the City Council, shall consider all techinical evaluations, all relevant factors, standards specified in other sections of this ordinance, and, (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) the suscapti- bility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the important of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the compata- bility of the proposed use with existing and anticipated development; (g) the relationship of the proposed was to the comprehive plan and flood plain management program of that area; (h) the availability of alternative locations not subject to flooding or erosion damage for the proposed use; and (i) the safety of access to the property in times of flood for ordinary and emergency vehicles. (2) Variances may be issued for the reconstruction, rehabilita- tion 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 -14- 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 only be issued upon : (a) a showing of good and sufficient cause; (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant and, (c) 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 Section 19-13, B (l) or conflict with the local government comprehensive plan or with other existing local laws or ordinances. (5) 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. (6) The City Council may attach such conditions to the granting of any variance as it deems necessary to further the purposes of this ordinance. .ARTICLE 111. STANDARDS Section 19-14. General Standards. In all areas of special flood hazards the following standards are A. Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement: (a) Mobile homes manu- factured after June 15, 1976, with provisions for installa- ation of anchoring systems including instructions, in accord- ance with Federal Mobile Home Construction and -15- Safety Standards, Section 280.306 shall be installed in accordance with the manufacturer's instructions. (b) Mobile homes not provided with such installation instructions, or mobile homes not provided with instructions for the hurri- cane zone, shall comply with the State of Florida Tiedown Regulations. (c) All components of the anchoring system must be approved by the State of Florida Department of Highway Safety and Motor Vehicles, Bureau of Mobile Home Con- struction. (d) Any additions to the mobile home must be similarly anchored. B. Construction Materials and Methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvement shall be constructed using methods and practices that minimize flood damage. C. Utilities (1) all new and replacement water supply systems shall be designed to minmize or eliminate infilitration of flood waters into the system. (2) New and replacement sanitary sewerage systems shall be de- signed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision Proposals (1) all subdivision or other land development proposals shall be consistent with the needs to minimize flood damage. (2) All such proposals shall have public utilities and -16- facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. (3) all such proposals shall have adequate drainage provided to reduce exposure to flood damage. (4) Base flood elevation data shall be provided for sub- division proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). (5) all requirments of Ordinance 235 of the City of Winter Springs which exceed the above criteria shall apply. Section 19-15 Specific Standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Sec. 19-5, Basis for Establishing the Areas of Special Flood Hazard, or in Section 19-12, use of Other Base Flood Data, the following standards are required: A. Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above vase flood elevation. B. Nonresidential Construction New construction and sustantial improvement of any commercial industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation;or, together with attendant utility and sanitary facilities, shall: (1) Be floodproofed so that below the base flood the structure is watertight with walls substantially impermeable to the passage of water. (2) Have structural components capable of resisting dydro- static and hydrodynamic loads and effects of buoyancy. (3) Be certified by a registered professional engineer or architect that the standards of this subsection are -17- satisfied. Such certifications shall be provided to the local Administrator as set forth in Section 19-12,D (1). c. Mobile Homes (1) Mobile Homes shall be anchored in accordance with Section 19-14, A (2). (2) For new mobile home parks and mobile home subdivisions, for expansions to existing mobile home parks and mobile home subdivisons, for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceed 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improve- ment has commenced, and for mobile homes not placed in a mobile home park or mobile home subdivision, it is required that: (a) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (b) adequate surface drainage and access for a hauler are provided; and (c) in the instance of elevation on pilings, that lots are large enough to permit steps, piling foundations are placed in stable soil no more than ten feet apart, and reinforcement is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a regulatory floodway or coastal high hazard area, except in an existing mobile home park or an existing mobile home subdivision. Standards for Areas of Shallow Flooding (AO Zones): Located within the areas of special floord hazard established in Section V are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly -18- residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the Floord 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 two (2) feet above the highest adjacent grade. (2) All new construction and substantial improvemenets of non- residential structures shall: (a) have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest ad- jacent grade (if no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade), or, (b) together with attendant utility and sanitary facilities, be completely flood-proofed to or above that level so that any space below that level is wateright with walls substantially impermable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Sect 19-17-Standards for Small Streams. Located within the areas of special flood hazard established in Sec 19-5 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 feet on each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonostrating that such encroachments shall not result in any increas in floord levels during the occurence of the base flood dischrage. (2) New construction or substantial improvements of structures -19- shall be elevated or floodproofed in accordance with elevations established in accordance with Section 19-12, C. Section 19-18. Standards for Regulatory Floodways. When floodways are designated within areas of special flood hazard, additional criteria will be met. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new con- soruction, substantial improvements and other develop- ments unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (2) If Section 19-18, (1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 19-14 and Section 19-15. (3) The placement of any mobile homes is prohibited, except in an existing mobile home park or existing mobile home sub- division. Section 19-19. Sand Dunes and Mangrove Stands. There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. SECTION II. Severability. If any section, subsection, sentence, clause, phrase, or provision of this ordinance is held to be invalid or unconstitutional, such invalidation or unconstitutionality shall not be construed as to render invalid or uncon- stitutional the remaining provisions of this ordinance. SECTION III. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION IV. This Ordinance shall take effect immediately upon its final passage and adoption. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, Mayor ATTEST: Mary T. Norton CITY CLERK ;1 I j L . " ~7 /'1 FEDERAL EMERGENCY MANAGEMENT AGENCY Region IV 1375 Peachtree Street, NE Atlanta, Georgia 30309 July 29, 1:)81 Ms. Jacqueline Koch City Planner City of Winter Springs Winter Springs) Florida 32708 Dear Ms. Koch: AS requested, this letter is to confirm that your proposed Ordinance No. 245, regulating construction in areas of special flood hazard, has been reviewed and adequately meets Section 60.3(d) of the Na'tiqnal Flood Insurance Program (NFIP) rules and regulations" for entry into the Regular Phase of the NFIP. If we can be of any further assistance in the adoption and later enforce- ment of the ordinance, please advise. Sincerely yours, ~'Wooc;.;}:~~CDA-Q') Directcr Insurance and Mitigation Divisivn OiY OF WINTER Sr:RiHGS RECt:.i\lED AUG 3 1981 CITY PLANNER ~ TELEPHONE (305) 327-18fX) !l '~ ~ 1 Il r-.. ~ July 17, 1981 Sentinel Star Legal Advertisements Post Office Box 2833 Orlando, Florida 32802 Dear Sirs: WINTER SPRINGS. FLORIDA ZIP COOE 32708 . Enclosed please find Notice of Public Hearing for the City of Winter Springs, Florida, to be published one time as soon as possible. Please send proof of publication and invoice to this office. Yours truly, CITY OF WINTER SPRINGS ~~r: ~~ )fary T. Norton, C~ty Clerk . ~ ~ > .. 't CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING You are hereby informed that the City Council of the City of Winter Springs, Florida, will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE .OFTHE CITY OF WINTU. SPliINGS, FLORIDA, IU1GUUTING CONSTRUCTION IN .AIWS. OF .SftCIALFLOOD lf~~QD AS UQUIUDBY THB RDBIW. DllRGPCYtwlAGIMDr AGENCY TO HAUAVAIL.AJLI FLOOD INSUUMCB TO CITIZlNSOF .wmu SPRINGS' e8IFLICTS; EFFECTIVE D*!E. This Public Hearing will be held at 7:30 p. m. or as soon thereafter as possible on A..use 11. 1,.1. in the COuncil Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. lnterested parties .may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 17th day of JUly, , 1981. CITY OF WlNTER SPRINGS, FLORIDA ~T'~ Mary T. Norton, City Clerk SENTINEL STAR ,~\ C)/J.~ 7/5~ Publi.hed DailY Orlando. Orange Count~.. Florida ADVERTISING CHARGE $30.50 ~tate of ,1floriba t (,OU~TY OF ORANGE \ 55 Before the undersigned authority personally appeared Virginia HollingsworTh , who on oath says that I CITY OF WI,NTER SPRINGS, I FLORIDA .. NOTI~E OF PUBLIC HEARING . I You are hereby Inlormed; that 1118 City Council of th. City CIl Wlnler liS, Florida, ~II hold II public ~a6tfN~~i7Z::E ~:ed OF WINTER SPRINGS, FLOR- IDA, REGULATING CON- STRUCTION IN AREAS OF SPECIAL FLOOD HAZARD AS REQUIRED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO MAKE AVAIL- ABLE FLOOD INSURANCE TO CITIZENS OF WINTER SPRINGS CONFLICTS: EF- FECTIVE DATE. This Public Hearing will be held at 7:30 p.m. or as soon thereafter as possible on Augusl 11,1981,In the Council Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs. Copies 01 the proposed ordinance are available In the office 01 the City Clerk lor inepaCllon. Intereslad parties may appear III this hearing and be heard with respect 10 this proposed ordinance. Please be advised that, und8l' Slate Law, If you decide to appeal a de- cision made with reapect to this mattar, you will need a record 01 I the proceedings and may need 10 ensure that a verbatim record is made. she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper published at Orlando, in Orange County, Florida; that the attached copy of ad. vertisement, bei~lQltice of Public Hearing 8LllA~the matter of ___Ordinance regulating construction in areas ____~:E Special Flood Hazard, etGn the_______ Court, was published in said newspaper in the issues of July 21, 1981 Affiant further says that the said Sentinel Star is a newspaper published at Or- lando, in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Orlando, in said Orange County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swom to and subscribed before me this ~ , ci /i '. /,.'10# 'Ih~r".J."'Ck )Id:bA<tt,U;f1. - 21st day Daled this 17th day 01 July, 1981. CITY OF WINTER SPRINGS Isl Mary T. Norton Mary T. Norton, City Clerk CL-86S JUly21,1981 of July ~ ~ P-r?'f~ A.D., rf~ 19~ /7) , l;;r c2-c-k:.. Notary Public (Q'-'--:w ~ Not;:ry PU~! :;y:d:: J: My OommlSSlon Exp:res Jan. 21, b64 Form No. AD-291A ---'-'-' ...~_.,-~.~_._-~_._._...- -..--.-- '--... -"--...--- - ."-- _.----_.~,------- ORDINANCE NUMBER 245 NO ADOPTION DA TE; WAS APPROVED IN AUGUST 11, 1981 MEETING.