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HomeMy WebLinkAboutOrdinance 2001-04 Flood Damage Prevention ORDINANCE NO. 2001-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 8 DEALING WITH FLOOD DAMAGE PREVENTION AND SECTION 9-241 STORMW ATER MANAGEMENT, LAND DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs has detennined that codes related to flood damage prevention and stonnwater management are out-of-date, and WHEREAS, the City of Winter Springs has engaged CPH Engineering Consultants to review Chapter 8, Flood Damage Prevention and Section 9-241 Stonnwater Management, Land Development Code and make recommendations for change, and WHEREAS, CPH Engineering has completed its review of Chapter 8 and Section 9-241 and has identified areas in the code that require additions or deletions, and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this ordinance is in the best interests of the public health, safety and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Code Amendment. Winter Springs Code Chapter 8, Articles I, II and ill, and Section 9-241 are hereby amended as follows: (underlined type indicates additions and strikeeut type indicates deletions, as shown in Exhibit "A" of this ordinance. It is intended that the unchanged text in Chapter 8 and Section 9-241 as set forth in Exhibit "A" shall remain unchanged from the language existing prior to adoption of this Ordinance). Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. City of Winter Springs Ordinance No. 2001-04 Page I of2 Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of January 2001. PAUL P. PARTYKA, MAYOR ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney First Reading: January 8, 2001 Second Reading: January 22, 2001 Effective Date: January 22, 2001 City of Winter Springs Ordinance No. 2001-04 Page 2 of 2 CHAPTER 8 Exhibit "A" FLOOD DAMAGE PREVENTION ARTICLE 1. IN GENERAL See. S. 1 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application: Accessory Use. A use which is incidental and subordinate to the principal use of the parcel of land on which it is located. Addition (to an existing building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent load-bearing walls is new construction. Administrator. The federal insurance administrator, to whom the director of the federal emergency management agency has designated the administration of the national flood insurance program. Appeal. A request for a review of the flood damage control administrator's interpretation of any provision of this chapter or a request for a vanance. Appraised Value. The assessed value as listed by the Seminole County Property Appraiser. Area of Shallow Flooding. A designated AO, AH, or VO zone on the flood insurance rate map (FIRM). The base flood depths range from one (I) to three (3) feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity now may be evident. Area of special flood hazard. The land in the flood plain within a community subject to a one- percent or greater chance of flooding; in any one (1) given year. Base flood. The flood having a one-percent chance of being equaled or exceeded in any given year. Base flood elevation. The crest elevation in relation to mean sea level (MSL) (using National Geodetic Vertical Datum) expected to be reached during a flood y-rhich encompasses the regulatory floodplain. Building. See Structure. Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard. Encroachment. The advance or infringement of uses. plant growth. fill. excavation. buildings. permanent structures. or development into a floodplain. which may impede or alter the flow capacity of a floodplain. Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a. minimum. the installation of utilities. the construction of streets. and either final site grading or the pouring of concrete pads) was completed before August 11. 1981. Expansion to an existing manufactured home Dark or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding. A general and temporary condition or partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; and./or FLOOD DAMAGE PREVENTION b. The unusual and rapid accumulation or runoff of surface waters from any source. Flood boundary and floodway map. The official map on which the administrator has delineated both the flood boundaries and the regulatory flood way. Flood elevation determination. A determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year. Flood insurance rate map (FIRM). An official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study. The official report provided by the Federal Insurance Administration that includes flood profiles. the Flood Insurance Rate Map. the Flood Boundary and Floodway Map. and the water surface elevation of the base flood. Floodplain. Land which will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overllow of inland or tidal waters and the accumulalion of runoff of surface waters from rainfall. Floodplain Administrator. The individual appointed to administer and enforce the floodplain management regulations Floodplain management regulations. Any zoning ordinances, land development ordinance subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain management ordinance, grading ordinance and erosion control ordinance), and other applications of police powers. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Floodproofing. Structural changes or adjustments incorporated in the design or construction of a building so as to make the building watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy for the reduction or elimination of flood damages. Floodway. See "regulatory floodway." Floodway encroachment line. The line marking the limits of flood way maps on federal, state and local floodplain maps. Floodwav frinf!e. That area of the floodplain on either side of the "Re1!ulatorv Floodwav". Fraud and victimization. As related to Section 8-34. Variances. of this ordinance. means that the variance granted must not cause fraud or victimization of the 'public. In examining this requirement. the City will consider the fact that every newly constructed building adds to government responsibilities and remains a Dart of the community for fifty to one hundred years. Buildings that are below the base flood elevation are subiect during all those years to increased risk of damage from floods. while future owners of the property and the community as a whole are subiect to all the costs. inconvenience, danger. and suffering that those increased flood damages bring. In addition. future owners may purchase the property. unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. FLOOD DAMAGE PREVENTION Functionally dependent use. A use of a building or other development which cannot be achieved unless the building or other development is located in close proximity to water. The term includes only docking facilities. port facilities that are necessary for the loading and unloading of cargo or passengers. and ship building and ship repair facilities. and does not include long-term storage or related manufacturing facilities. Governing body. The City Commission of Winter Springs. which is empowered to adopt and implement regulations to provide for the public health. safety and general welfare of its citizenry. Hardship. As related to Section 8-34. Variances. of this ordinance means the exceptional hardship that would result from a failure to srrant the requested variance. The City requires that the applicant prove that the variance is exceptional. unusual. and peculiar to the property involved. Economic or financial hardship alone is not exceptional. Inconvenience. aesthetic considerations. physical handicaps. personal preferences. or the disapproval of one's neighbors likewise cannot. as a rule. Qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance. even if the alternative is more expensive. or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. Historic structure. Any structure that is: I. Listed individually in the National Register of Historic Places (a listing maintained by the United States Deparmtnet of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register. 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily: determined bv the Secretary to qualify as a registered historic district. Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure.in violation of the applicable non- elevation design requirements of the chapter. Manufactured home. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. Mean sea level (MSL). The average height of the sea ('or all slages of lhe tide. It is used as a reference for establishing varying elevations within the floodplain. For purposes of this chapter, the term is synonymous with National (not legible) FLOOD DAMAGE PREVENTION Mobile Home. See Manufactured home. National Geodetic Vertical DatulII (NGVD). As corrected in 1929, NGVD is a vertical control used as a reference for establishing varying elevations within the floodplain. New construction. Structures for which the "start of construction" commenced on or after the effective date of this chapter. New manufactured home park or subdivision. A manufactured home. Dark or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affiXed (including at a minimum. the installation of utilities. the construction of streets. and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. Obstruction. Includes. but is not limited to. any dam. wall wharf. embankment. levee. dike. pile. abutment. protection. excavation. channelization. bridge. conduit. culvert building. wire. fence. rock. gravel. refuse. fill. structure. vegetation or other material in. along. across or projecting into any watercourse which may alter. impede. retard or change the direction and/or velocity of the flow of water. or due to its location. its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. One-hundred-year flood or "IOO-year flood. See Base flood. Public safety and nuisance. As related to Section 8-34. Variances. of this ordinance means that the granting of a variance must not result in anything which is iniurious to safety or health of an entire community or neighborhood. or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, or any navigable lake or river, bay, stream, canal or basin. Recreational vehicle A vehicle which is I. Built on a single chassis: 2. 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. Regulatory Flood. For purposes of this chapter, a flood event having a one-percent chance of occurring in any given year, although the flood may occur in any year, i.e., the hundred-year flood. Regulatory flood elevation. The crest elevation in relation to mean sea level expected to be reached by the regulatory flood at any given point in an area of special flood hazard. Regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the velocity waters of the regulatory flood. Remedy a violation. To bring the structure or other development into compliance with State or local floodplain management regulations. or. if this is not possible. te reduce the impacts of its noncompliance. Ways that impacts may be reduced include protectin2 the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring. future similar violations. or reducing State or Federal financial exposure with regard to the structure or other development. Riverine. Relating to, formed by. or resembling a river (including tributaries). stream. brook. etc. Sheet flow area See Area of shallow flooding. Special flood hazard area (SFHA) An area having special flood and shown on the FIRM as Zone A, A1-A30,AE A99 A11 FLOOD DAMAGE PREVENTION Start of construction (Includes substantial impriovement). The date the building permit was Issued, provided the actual start of construction, repair, reconstruction, placement, or other Improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Structure. A walled and roofed building, that is principally aboveground and affixed to a permanent site, as well as a mobile home on foundation. The term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. The words "building" and "structure" shall have the same meaning for the purposes of this chapter. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the appraised value of the structure before the damage occurred. Substantial improvement Any repair, reconstruction, or improvement of a structure, the cost or which equals or exceeds fifty (50) percent of the market appriased value of the structure either before the improvement or repair is stated, or if the structure has been damaged and is being restored, before the damage occured. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Variance. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. Violation. The failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate. other certifications. or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. Water surface elevation. The height. in relation to the National Geodetic Vertical Datum (NGVD) of 1929. (or other datum. where specified) of floods of various masmitudes and frequencies in the floodplains of coastal or riverine areas. Watercourse. A lake. river, creek. stream. wash. arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Sec. 8-2. Statement of purpose and objectives. The purpose and objectives of this chapter are to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed. FLOOD DAMAGE PREVENTION (I) To protect human life and health; (2) To minimize expenditure of public money for costly flood-control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To mInimize prolonged business interruptions; (5) To mInimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Sec. 8-3. Methods of reducing flood losses. In order to accomplish its purpose and objectives, this chapter includes methods and provisions for: (I) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or crosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to' floods, including facilities which serve such uses be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. See. 8.4. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. Sec. 8-5. Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FrA) of the Federal Emerl!ency Manal!ement Agencv (FEMA) in "The Flood Insurance Study (FIA) dated and accompanying flood boundary and flood way map and flood insurance rate map and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and attendant mapping is the minimum area of applicability and may be supplemented bv studies for other areas which allow implementation of this chapter and which are recommended to the City bv the Floodplain Administrator. The study FlRMS and FBFMs arc is on file at the city hall, 1126 East State Road 434. Winter Springs, Florida, 32708, Sec 8-6 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or repair any existing easements, convenants or FLOOD DAMAGE PREVENTION deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Sec. 8-7. Interpretation. In the interpretation and application of this chapter, all provisions shall be: (1) considered as minimum requirements (2). Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 8-8. Warning regarding area of special flood hazard designations. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City. any officer or employee thereof. the State of Florida, the Federal Insurance Administration. or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder. [n addition, nothing herein shall be deemed as a waiver of the City's right to sovereign immunity under State and Federal law. See. 8-9 Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter. Failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Sees. 8-10-8-30. Reserved. ARTICLE II. ADMINISTRATION Sec. 8-31. Designation of the floodplain administrator. The city manager is hereby appointed the floodplain administrator to administer and implement this chapter. The city manager may delegate the responsibilities for the individual tasks contained herein. Sec. 8-32. Duties and responsibilities of the floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to: (1) Permit review. Review all development permits to determine that: a. The requirements of this chapter have been satisfied. that all necessary permits have been obtained from those federal, state or local govenmental agencies from where prior approval is required. FLOOD DAMAGE PREvENTION The site is reasonablv safe from flooding. and d. The proposed development does not adversely affect the flood-carrying capacity and/or flood-storage capacity of the areas of special flood hazard. For the purposes of this article. "adversely affect" means damage to adiacent properties because of rises in flood stages attributed to physical changes of the channel and the adiacent overbank areas. Without limiting the foregoing. a development is presumed to adversely affect the flood-carrying and flood-storage capacities of the flood plain if it proposes or requires the filling of land in an area of special flood hazard without simultaneously providing additional flood-carrying and flood-storage capacities to compensate for that capacity which is lost because of such filling. (2) Interpretation oj FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 8-34. (3) Use of other base flood data. To supplement the base flood elevation data provided in accordance with section 8-5, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source (US Army Corps of engineers, US Geological Survey, US Soil Conservation Service, state water management districtrs, development plans for more than fifty (5O) lots or five (5) acres as criteria for requiring that new construction, substantial improvements, or other development in Zone A meet the requirements of section 8-52(1), specific standards, residential construction, and section 8-52(2). (4) Issuance of permit and record keeping. After ascertaining that all requirements of this chapter have been met, the floodplain damage control administrator may issue the development permit. After issuance of the permit, the local administrator shall: a. Acquire a flood elevation or floodproofing certificate after the lowest floor is completed. Within twenty-one (21) calendar days of establishment of the lowest floor elevation ,or floodproofing by whatever construction means, it shall be the duty of the permit holder to submit to the city manager a certification of the elevation of the lowest floor or floodproofed elevation, as built, in relation to mean sea level. Such certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, such certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The city manager or designated subordinate shall review the flood elevation survey data submitted. Deficiencies detected by such review shall he 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 such correctness required hereby, FLOOD DAMAGE PREVENTION shall be cause to issue a stop work order for the project. b. Maintain for public inspection all records pertaining to the provisions of this chapter. (5) Control of alteration of watercourses. The local administrator shall: a. Notify adjacent communities, the St Johns River Water Management District. and the state department of community affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that maintenance is provided within the altered or relocated portion of such watercourse so that the flood carrying capacity is not diminished. (6) Take remedial action on any violations of this chapter. Sec. 8-33. Development permit. (a) Establishment of permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in section 8-5. (I) New developments. When new development proposals include lands designated as areas of special flood hazard, the aforementioned development permit shall not be issued until all applicable requirements of Chapter 9 of this Code have been fulfilled. Specifically, the procedures outlined in section 9-101(a) (2) shall be required. In addition, the provisions of section 9-241 which exceed the provisions 0 f this chapter, shall apply and be prerequIsites to issuance of the development permit. (2) Construction in existing developments. Already developed lands within or including areas of special flood hazard in this city for which building permits are requested shall be subject to the provisions of this chapter, as shall lands described in (a) above. After land development is completed no construction of any nature, neither buildings, nor site preparation, nor modification of existing roads, utilities, drainage systems or other nonstructural improvements shall be allowed within areas of special flood hazard until the development permit herein required has been issued. (b) Application for permit Application for a development permit shall be made on forms furnished by the floodplain damage 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 application for the development permit: (I) Elevation in relation to mean sealevel of the proposed lowest floor (including basement) of all structures. (2) Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed. (3) Certification from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria In section S-52(2), Description of the extent to which any water will be altered or relocated proposed development. FLOOD DAMAGE PREVENTION Scc.8-34. Variance procedure. (a) Appeal board. (l) The city commission as established by the city shall hear and decide appeals and requests for variance from the requirements of this chapter. (2) The city commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain damage oontrol administrator in the enforcement or administration of this chapter. (3) Those aggrieved by the decision of the city commission or any taxpayer, may appeal such decision to the circuit court. (b) Conditions under which variances may be granted. (I) In passing upon such application, the city commission, shall consider all technical . evaluations, all relevant factors, standards specified in other sections of this chapter, and, the danger that material may be swept onto other lands to the injury of others; the danger to life and property due to flooding or erosion damage; the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; the importance of the services provided by the proposed facility to the. community; the necessity to the facility of a waterfront location, where applicable; the compatibility of the proposed use with existing and anticipated development; the relationship of the proposed use to the comprehensi ve plan and floodplain management program or that area; the availability of alternative locations not subject to flooding or erosion damage for the proposed use; and the safety of access to the property in times of flood for ordinary and emergency vehicles. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Variances shall not be issued within any mapped regulatory floodway. (5) Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination thaI the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances; cause fraud on or victimization of the public, as identified in (b)(I) above; or conflict with the local government comprehensive plan or with other existing local laws or ordinances. (6) 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. (7) The city commission may attach such conditions to the granting of any variance as it deems necessary to further the purposes of this chapter. (8) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance. FLOOD DAMAGE PREVENTION and report such variances Issued to the Federal Insurance Administration. Federal Emergency Management Agency. Sees. 8-35-8-50. Reserved. ARTICLE III STANDARDS Sec. 8-51. General standards. In all areas of special flood hazards the following standards are required: (1) Anchoring: a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes shall be installed using methods and practices which minImize flood damage. For the purposes of this requirement, manufactured homes must be elevated above the base flood level and anchored to the elevated foundation, to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Manufactured homes manufactured after June 15, 1976, with provisions for installation of anchoring systems, including instructions, in accordance with Federal Mobile Home Construction and Safety Standards, section 280.306, shall be installed in accordance with the manufacturer's instructions. Manufactured homes not provided with such installation instructions, or manufactured homes not provided with instructions for the hurricane zone, shall comply with the State of Florida Department of Highway Safety and Motor Vehicles Bureau of Mobile Home Construction. Any additions to the manufactured home must be similarly anchored. (2) Construction materials and methods: a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Utilities: a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. c. On.site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (4) Subdivision proposals: a. All subdivision or other land development proposals shall be consistent with the needs to minimize flood damage. b. All such proposals shall have public utilities and facilities such as sewer, gas. electrical, and water systems located and constructed to minimize flood damage. c. All such proposals shall have adequate drainage provided to reduct exposure to flood damage. FLOOD DAMAGE PREvENTION d. All preliminary subdivision proposals shall identify the flood hazards area and the elevation of the base flood. e. All subdivision plans will include the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. f. All requirements of Chapter 9 of this Code which exceed the above criteria shall apply. b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. Be certified by a registered professional engineer or architect, who shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this chapter. Such certificates, which include the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the local administrator as set forth in section 8-32(4)a. (3) Mobile homes: a. Mobile homes shall be anchored in accordance with section 8-51(1)b. b. For new mobile home parks and mobile home subdivisions, for expansions to existing mobile home parks and mobile home subdivisions, for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, and for mobile homes not placed in a mobile home park or mobile home subdivision, it is required that: I. Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level: 2. Adequate surface drainage and access for a hauler are provided; and 3. In the instance of elevation on pilings, that lots are large enough Sec. 8-52. Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in section 8-5 or in section 8-32 the following standards are required: ( I ) Residential construction: New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated 18 inches above base flood elevation. (2) Nonresidential construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to 18 inches above the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below the base flood the structure is watertight with walls substantially impermeab le to the passage of water. FLOOD DAMAGE PREVENTION foundations arc placed in stable soil no more than ten (10) feet apart, and reinforcement IS provided for pilings more than six (6) feet above the ground leveL c. No mobile home shall be placed in a regulatory flood way or coastal high hazard area, except in an existing mobile home park or an existing mobile home subdivision. (4) Enclosed areas below a structures lowest floor: For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. ( (5) Mechanical and utili~y equipment: New installation and substantial improvement of any electrical, heating, ventilation, plumbing, and air~conditioning equipment and other service facilities shall be elevated above the base flood elevation or designed so as to prevenl water frolll cntering or aecumulaling within thc equipment components during conditions of llooding. See. H-53. Stalldanls fOI' al'cas of sh:lllow 1I00dillf~ (A() "f.OllCS). 1.()Calcd WIIllIl1 lite ;lIe;I~; ,,( SPCCI;" 1100d 11;1/;1((1 c;t;d"I.:lted III ~:(.<:tl"ll S.) :11<: ;Ircas "tdl'" ,1", '4 H III designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (I) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If ,no depth number is specified, the lowest floor, including basement, shall be elevated at least t....o (2) three (3) feet above the highest adjacent grade. (2) All new construction and substantial improvements of nonresidential structures shall: a. Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade (if no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) three (3) feet above the highest adjacent grade) or, b. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and cffects of buoyancy. Sec. 8-54. Standards for slI1all streams. Locatcd witlun Ihe areas of special flood hazard established in section 8-5. where small streams exist hut where 110 base flood data have been provided or whe.c .HI fl<lodways havc becn provided. the ",lId""lI!: plll'.I'HIlIS apply: 1\ FLOOD DAMAGE PREVENTION ( 1 ) No encroachments, including fill material or structures shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) New construction or substantial improvements of structures shall be elevated or floodproofed in accordance with elevations established in accordance with section 8-32(3). Sec. 8-55. Standards for regulatory flood ways. When floodways are designated within areas of special flood hazard, additional criteria will be met. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: (I) Encroachments are prohibited, including fill, new construction, substantial improvements and other developments. The prohibition shall not preclude the City or other govemmental agency from performing maintenance or flood control improvements in the floodway to maintain the viability of the floodway. I I Recommended Change to the Land Development Code Sec. 9-241 Storm water Management (c) The drainage system for each subdivision shall include a sufficient facility to remove stormwater without flooding any lot in the proposed subdivision or in the surrounding territory. All residential floor elevations shall be elevated to a minimum of 18 inches above base flood elevation. All non-residential finished floor elevation shall be elevated to a minimum of 18 inches above the base flood elevation unless flood proofed in accordance with Sec. 8-52(2) of the Flood Damage Prevention Code. NOTICE OF PROPOSED CHANGES TO CHAPTER 8, ARTICLES I, 11 AND 111 AND SECTION 9-241 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIVEN THAT THE CITY COMMIS- SION OF THE CITY OF WIN- TER SPRINGS WILL HOLD A PUBLIC HEARING FOR SEC- OND READING OF PRO- POSED ORDINANCE 2001-04 TO CONSIDER AMENDING CHAPTER 8, ARTICLES I, II AND III AND SECTION 9-241 OF THE CITY CODE RELAT- ED TO FLOOD DAMAGE PRE- VENTION AND STORMWA- TER MANAGEMENT. A PUBLIC HEARING ON THE PROPOSED ORDINANCE WILL BE HELD ON JANUARY 22, 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL. ORDINANCE NO, 2001-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPIRNGS, FLORI DA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES. CHAPTER 8 AND SECTION 9-241 DEALING WITH FLOOD DAMAGE PRE- VENTION AND STORMWATER MANAGEMENT LAND DEVEL- OPMENT CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVID- ING FOR INCORPORATION IN- TO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC. TlVE DATE, THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS IN ClTY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTER. ESTED PERSONS MAY AT- TEND AND BE HEARD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE OFFICEOF THE CITY CLERK AT CITY HALL, 1126 EAST STE ROAD 434, WIN- TER SPRINGS, FLORIDA FOR MORE INFORMATION CALL 327-1800 #227. PERSONS WITH DISABILI- TIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EM- PLOYEE RELATIONS DE- PARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327- 1800. THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOM- MENDATION MADE BY THE CITY COMMISSION WITH RE- SPECT TO ANY MATTER CONSIDERED AT THIS MEET- ING, YOU WILL NEED A RE CORD OF THE PROCEED INGS. AND FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PRO- CEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO-LUACES CITY CLERK CSE3691007 JAN. 12,2001 The Orlando Sentinel Published Daily State of Florida COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of The Ortando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a NOTICE OF PROPOSE in the matter of Ord. 2001-04 in the Seminole Court was published in said newspaper in the issue; of 01/12/01 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS ,in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE 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. The foregoing instrument was acknolwedge before me this 12th day of January, 2001, by Linda Bridgewater who is personally known to me and who did take an oath. Beverly C. Simmons (SEAL)