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HomeMy WebLinkAbout2001 01 08 Public Hearings C Flood Damage Prevention and Stormwater Management COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular January 8, 2001 Meeting Mgr. / Attorney / Authorization REQUEST: Commissioner Martinez requests reconsideration of an ordinance amending Chapter 8 of the Code of Ordinances related to Flood Damage Prevention and Section 9-241 related to Storm water Management. PURPOSE: The purpose of this item is to consider changes to Chapter 8 and Section 9-241 of the Code of Ordinances related to Flood Damage Prevention and Storm water Management. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3167(11) F.S. which states: Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of its local comprehensive. The vision should be developed through a collaborative planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction. CONSIDERA nONS: . In August 1999, the Commission authorized the City Manager to engage consultants to review City codes related to Floodplain Management and to prepare amendments to the code if necessary. CDD/January 4,200118:11 AM JANUARY 8, 2001 PUBLIC HEARING AGENDA ITEM C Page 2 . CPR Engineering Inc. made recommendations for change to Chapter 8 of the City code related to Flood Damage Prevention and Section 9-241 related to Storm water Management in a workshop on October 16,2000. . On November 13, 2000 the City Commission conducted a public hearing for first reading of Ordinance 2000-39. · On November 27,2000 the City Commission conducted a second public hearing and elected to deny Ordinance 2000-39. · On December 4,2000 Commissioner Martinez indicated that he intended to bring Ordinance 2000-39 back for reconsideration in January 2001. STAFF RECOMMENDATION: Staff recommends that the Commission conduct a first reading for consideration of Ordinance 2000-04 amending Chapter 8 and Section 9-241 of the Code of Ordinances. IMPLEMENTATION SCHEDULE: The ordinance will become effective immediately upon adoption per Section 4.15(c) City Charter and 166.041(4) Florida Statutes. ATTACHMENTS: A. Ordinance No. 2001-04 and Exhibit "A" (Flood Damage Prevention Chapter 8, Articles I, IT and Ill). COMMISSION ACTION: CDD/January 4,200118: 11 AM '. ATTACHMENT A 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 STORMWATER MANAGEMENT, LAND DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABaITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs has determined that codes related to flood damage prevention and stormwater management are out-of-date, and WHEREAS, the City of Winter Springs has engaged CPR Engineering Consultants to review Chapter 8, Flood Damage Prevention and Section 9-241 Stormwater Management, Land Development Code and make recommendations for change, and WHEREAS, CPR 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 III, and Section 9-241 are hereby amended as follows: (underlined type indicates additions and strik.eout 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 1 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 _ day of 2001. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2001-04 Page 2 of2 CHAPTER 8 Exhibit "A" I:LOOD D!\i'vlJ\CI: I'IZEVENTION ART(CLE 1. [N GENEltAL Sec. S.l. DctillitiollS. 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 existinf! buildinf!). 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. Anv walled and roofed addition which is connected by a fire wall or is separated by independent load-bearing walls is new construction. Admil1istmtar. The federal insurance administrator, to \."hom 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 docs not exist, the path of flooding is unpredictable and indeterminate, and velocity now may be evident. If rea of special flood hawrd. The land in the noo(\plain within a community subject to <l onc- pereellt or greater chance or flooding in anyone ( I ) gi veil year. ,....1,,,.,.11.',-, .-.1'''; '/1'/11 /Jase flood. The flood having a one-percent chance of being equaled or excceded in any gl ven 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 iwhich 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. Existinf! 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 II, 1981. Exoansion to an existinf! manufactured home oark 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 pounng of concrete ~ Flood or flooding. A gcncral and temporary condition of partial or complctc inundation of normally dry land arcas rrom: a. The ovcrllow or 1111;111<1 or lidal waters; ;IIHlIol FLOOD DAMAGE PREVENTION ( b. The unusual and rapid accumulation or runoff of surface waters from any source. Flood boundary and jloodway map. The official map on which the administrator has delineated both the flood boundaries and the regulatory floodway. Floed damage contra! admiliist..-etor. The officer of the city responsible for thc c](ecutioo of this chapter and the delegation of responsibilities for the individual taslcs contained herein. Flood elevation determination. A determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year. Flood insurance rate map (FIRM). An official map of a community, on which the administrator Federal Emergency Management Agency or Federal Insurance Administration has delineated both the special areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study. An elCamination, evaluation and determination of flood hawrds and, if appropriate, an eRamination, evaluation and determination of mudslide (i.e., mu4fl&w1 frftdIer flood related erosion hazards. The official report provided by the Federal [nsurance 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 OCCUlTed 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. (Ioor/fllaill Adll/inistrator, The individual ~I.l ) 1 )Qj.'.!l~_Ji1..._i!i1!!.!.~l.!i'i!~!:...~L~.ll fo ree III e f I (I( \(11\1 ;1,111 ~ ~1 ;111;1 r.~I-'.l<;!,I,I_.I'~ r.lll;!l~(-'.!.~~~ 1.,..:.......11:,.\1.1"11 '111111 Floodplain lIIanagement regulations. Any zoning ordinances, land development ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain management ordinance, grading ordinance and erosion control ordinance), and other applications of police powers. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Floodproofing. Structural changes or adjustments incorporated in the design or construction of a building so as to make the building watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy for the reduction or elimination of flood damages. Floodway. See "regulatory floodway." Floodway encroachment line. The line marking the limits of floodway maps on federal, state and local floodplain maps. Floodwav (rinf!e. That area of the floodplain on either side of the "Re1!ulatory Floodway". Fraud and victimization. ,As related to Section 8-34. Variances. of this ordinance. means that the variance I?:rnnted must not cause fraud or victimization of the 'public. In exammmg this requirement. the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are below the base flood elevation are subiect during all those years to increased risk of damage from floods. while future owners of the propertY and the community as a whole are subiect to all the costs. inconvenience. danger, and sufferinJ.! that those increased nood damages bring. [n addition, future owners may purchase the property. unaware Ihal it is subject 10 pOlential flood (\;lln<lI~~, <lnd can he inSlJrLd only <It vcry~ !.I.<~(~<Jul_!,I-,S l!!~;! !.lee r;lle_~., FLOOD DAMAGE "IZEV[NTION Fllllcllonal/v deoenden! lIse. A use of a buildifll!: 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. Governinrz 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 grant the requested variance. The City requires that the applicant prove that the variance is exceptional. unusual. and peculiar to the property involved. Economic or financial hardship alone is not exceptional. Inconvenience. aesthetic considerations, physical handicaps. personal preferences. or the disapproval of one's neighbors likewise cannot. as a rule. qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance. even if the alternative is more expensive. or requires the orooerty owner to build elsewhere or out 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 IZeJ.:istcr 0 f Historic Places (a listing maintained by the United States Department of Interior) or nreliminarily ~lctenl1 ined by the ~ccrclary 0 f the Interior ;.I~ .1.!lcc.!i!JG..~.\C requiremcnts for individual II :;1 i,I.1 1.:( ~II ~I H; N;I.li~l!_~l.!~.t:r. ~~Jg~; ~ I.'.. . " I I..." I . t . ': I 'I If, I I 2. Certified or nreliminarily determined by: the Secretarv 0 f the Interior as contributing to the historical signiticance 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. A1a:zgroyc stand 1\n assemblage of mangro'..e trees which are mostly 10"''' trees noted for a copious dcvclopment of interlaciflg adventitious roots abovc the ground and whieh contain one (1) or more of the fo110 v,'ing species: Black mangrove (Avicennia Nitida); red mangrovc (Rbizophora Mangle); white mangrovc (Langunoularia Raccmosa); and buttomvood (Conocarpus Erecta). 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, ~vel 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. Meal/ ....ea level (MSL). The average height of the sea lor all slages of the [ide. It is used as a rderence Cor establishing varying elevations with ill the floodplain. For purposes of this chapter. Ihe tenll IS synol1\"111ouS with Nalional (;(;<I<lcIIC Vnlloll ):111I111 (i,1 ;\11 l) FLOOD DAMAGE PREVENTION ( ,1'labile Home. See Mal/ufactured home. National Geodetic Vertical Datum (NGVD). As corrected in 1929, NGVD is a vertical contTol used as a reference for establishing varying elevations within the floodplain. New constructiOIl. Structures for which the "start of construction" commenced on or after the effective date of this chapter. New manufactured home park or subdivision. A manufactured home. park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities. the construction of streets. and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. Obstruction. Includes, but is not limited to, any dam. wall. wharf. embankment. levee. dike. pile. abutment. protection. excavation. channelization. bridge. conduit. culvert, building. wire. fence. rock. gravel. refuse. fill. structure. vegetation or other material in. along. across or proiecting into any watercourse which may alter. impede. retard or change the direction and/or velocity of the flow of water. or due to its location. its propensity to snare or collect debris carried by the flow of water. or its likelihood of being carried downstream. One-hundred-vear (load or '" DO-vear (lood. See Base (lood. 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 pcrsons. or unlawfully obstructs the: frec passage or use, in the customary manner, or any na viJ~ablc lake, o!" !"iv~Jlliy-, strcalll. callal. or hasin. ((t.: ~!.'~!I{I:I}!! t ~L.' 't~(~ ~(J~,.. ^-'.. :'~.~.I.c.h: _\y II i t:J.'_G.: " . ..; I. . .'", I I ~ , . \. , 'II "II I. Built on a single chassis: 2. 400 square feet or less when measured at the largest horizontal projcction: 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. Remedv a violation. To bring the structure or other development into compliance with State or local floodplain management regulations. or. if this is not possible. to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages. implementing the enforcement provisions of the ordinance or otherwise deterring, future similar violations. or reducing State or Federal financial exposure with regard to the structure or other development. Riverine. Relating to. formed by. or resembling a river (including tributaries). stream. brook, etc. Sheet (low arca. {1{Jodil/$!. See A rea or shallow !:jpccia! (!o()(! /'awrd area (SFHA). An area It,,villl~2.l)(;cial flood ;1IJ.d SIt()\Vll.J..l..l~ lite FWM as (!.~I_~l;._6_,-6J.:!.~!! ).. .0L_/\<)<),!\1. L FLOOD D/\MAGE PREvENTION Start 0/ COIISI/"la;tioll (iI/eludes subsWlltia! improvelllent). 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 damaf!e. Damage of an V onglO 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. Su!;.\.talltia! 'improvement. Any rcpalr, n,:col1structiol1, or improvement of a structure, thc cost or which equals or exceeds fifty (50) pcrccllt or the illUded ~m)f;lised valuc or the structure cither bcrorc the illlproVclllcllt or n:p:llr IS ~;Iarled. or if the slruc(uf\; has been d:IIII;I!',cd :lIld IS hcil,!'. restored. hefon: the ",,,;,,....! /', '11t1fJ damage occurred. tor the purpose of this definition "substantial improvement" tS 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 failUl'e of a structure or other dev.elopment 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 magnitudes and frequencies in the floodplains o( coastal or nvenne areas. Watercourse. A lake, river. creek. stream. wash, arroyo, channel or other tOPoJ?;raphic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Scc.8-2. Statcmcnt of purpose and objectives. The purpose and objectives of this chapter are to promote the rublic heallh, safety, and general welfare, and (0 minimize public and private losses due to flood COlldiliollS ill specific :Jreas by prOVISHlllS desl):Il(d: FLOOD [)Ai'v[AGE PREVENTION (I) To protect human life and health; (2) To minimize expenditure of public money for costly flood-contTol 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 mlmmlze 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. [n order to accomplish its purpose and objectives, this chapter includes methods and provisions for: (I) RestTicting or prohibiting uses which are dangerous to health, safety, and property due to water or erosIOn hazards, or which result in damaging increases in erosioll or in nood heights or velocities; (7.) I{cqlliring llt;tl lISCS vulneral>lc to floods. illellldilll', r:leilities wllieh serve slIell liSt:':. I H: protected :q',;IIIISt Ilood 1'11'1111,1",11':1'\ t ,10111 '111111 damage at the time of initial constTuction; (3) ContTolling the alteration of natural floodplains, stTeam 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 [nsurance administrator Administration (FlA) of the Federal Emergencv Management Agency (FEMA) in a scientific and enginecring report entitled "The Flood [nsurance Study (F[A) for the City of Winter Springs, Florida.," dated Ma.rch 16, 1981 April 17. 1995 wttll 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 by studies for other areas which allow implementation of this chapter and which are recommended to the City by the Floodplain Administrator. The study FlRMS and FBFMs are is on file at the city hall, 1126 East Stale Road 434, Winter Springs, Florida, 32708. Sec. H-G. ^hrol~:\(io" and greater rcsl riel io"s. ThiS cll:lptcr IS llot IlltClldcd 10 repeal. abrogate, !II' illlp;lir ;111\' <:'.ISIII1\: (:,-;CIII(;III::, covenants or r, r:LOOD 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: (I) Considered requirements; as minimum (2) Liberally construed In favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 8-8. Warning regarding area of special flood hazard designations. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City. any officer or employee thereof. the State of Florida. the Federal Insurance Administration. or the Federal Emergency Management Agency. for any flood damages that result from reliance oil 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 immunitv under State and Federal law. See. X-t). Penalties fOI' IHlllcolllpliallcc. No structurc or lalld shall hereafter he (.;ollstrucled. located, c!(tcllded, convertcd, Of :t1l<:n:d wlthOll1 1"\111 e(lIl1flli;1I1ce with the (ern IS I'. ";." " .J I'. ~ I ,I' HI 1111111 of this chapter. railure 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. 8-3 L Designation of the floodplain damage eonffe-t administrator. The city manager is hereby appointed the floodplain damage control administrator to administer and implement this chapter. The city manager may delegate the responsibilities for the individual tasks contained herein. Sec. 8-32. Duties and responsibilities of the floodplain damage eoatrol administrator. Duties of the floodplain damage eontrol administrator shall include, but not be limited to: (I) Permit review. Review all development permits to detennine that: a. Revie..... all applioations for development permits to cletennine that lhe requirements of this chapter have been satisfied. U. R~cw----{lH----ilI}I}lieu{~eAS fOf d ~o II" letlt-vef11li ls---te-eetel1uffie lh(ll ~II IlcceSSJry permits have beell ol)(;J1l1cd fro/11 those federal, state Of I\lc;d 1.~()venllll(lIlal a!;cllcies froll\ \\'111(:' pn()( ;q>p:tJ\';d is required. FLOOD DAMAGE PREVENTION S. The site is reasonablv safe from 1l0odinlL 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 of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for ,example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in section 8-34., (3) Use of other base flood data. To supplement the base flood elevation data provided in accordance with section 8-5, the lloodplain 6 llmllge--ee A tr-el administrator shall obtain, review, and reasonably utilize any base (lood elevation and flood way data available rrolll a federal, state or other sourcc (U.S. ArrllY Corps or 1:lIgillccrs, u.s. (;coloJ:ic;d SUI"vcy, U.S. Soil ( :llIlSCI"V;11 i011 Sel"viee. stale walel" 11I;111;'1'.CIIICIII <1,:;ti'lCI;;. <kvcloplllCIII pl:llIs """"1 ,".! I.', ',1.1";1 "If II, for more than fifty (50) lots or five (5) acres as criteria for requiring that new construction, substantial improvements, or other develo[Jment 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 Iloodproofing 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 pennit holder's risk. The city manager or designated subordinate shall review the flood elevation survey data submitted. Deficiencies detected by such review shall bc eorrectcd by the permit holder imll1cdiately and prior to furlher progrcssive work being !lerI1l1IILd to proceed. Failure to Suhlllll the sun'cv 01" /";"lul"L III 111;1kc SIlcli (ol"r<:cllo;1\ rL(jI,ircd Ilerel>y. FLOOD DAMAGE PREVENTION " I shall be cause to issue a stop work order for the project. ~efle-A: elTl~e-j7t0eee4fl~~S not required e:;.€ept in these ffisffiflees--tH ""hiGh base f-1ee4 elevation daffi--os-e-ttsed from SOI:fftleS supplemental)' to section 8 5. b. Maintain for public inspection all records pertaining to the provisions of this chapter. (5) Control of alteration of watercourses. The local administrator shall: a. Notify adjacent communities, the St. Johns River Water Management District. and the state department of community affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that maintenance 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 o[ Chapter <) of this Code have been fulfilled. Spccific;t1ly, (he procedures outlined III scction 9-101(a)(2) shall he rcqlllrcd III ;Idditioll. lhc provisions or ~;eell<lll C).f.tll wl,icll exceed the 1'1'111" ....1 J.', \\.1"11 'I"'" provisions of this chapter, shall apply and be !)rerequisites 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 pennit herein required has been issued. (b) ApplicQtion for permit Application for a development pemit 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 propose<i structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following infonnation is required with application for the development pennit: (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 floodrroofed. (3) Certi fication from a registered professional engineer or architect that the nonresidentia I noodrroofed structure meets the floodproofing criteria In section S-52(2), (11) I kscripllllll or the exlent to which any W;tICi'C(I\::": will he ;dtertd or relocated :I~ :, I"";"': ,,j 1li'''Il,,<d devel<lllll1cl1l. 'I FLOOD DAMAG[ I'IU~VI~NTION Sec. 8-34. Variance procedure. (a) Appeal board. (I) The city commission as established by the city shall hear and decide appeals and requests for variance from the requirements of this chapter. (2) The city commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain damage 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 teclUlical . 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 lIse to the cOl11prehensi ve plan and noodplain management program or that area; the availability of alternative locations Ilot subject to flooding or erosioll dalll;lge for the proposed lIse; ;IIHI the sakly or ;Iceess "1111'1"",11:,0',"1,1'111 '111111 0) to the l1iol1crty in times of flood for ordinary end emergency vehicles. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of struCllJres 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 ,D90d hazard, to afford relief. (4) Variances shall not be issued within any mapped regulatory floodwav. E41ill Variances shall only be issued upon a showing of gOQd and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determinetion that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances; cause fraud on or victimization of the public, as identified in (b )(1) above; or conflict with the local government comprehensive plan or with other existing local laws or ordinances. ~ Any applicant to whom a' variance is granted shall be given written notice that the structure will be permitted to be built with a specific, reduced lowest floor elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest noor elevation. (~ru The city commission may attach such condition~ to the granting of any variance 2S it deems necessary to further the pllq>oscs or tillS chapter. (1iJ_l!~e~l~~(I[lI;!ill :\dlllillislr<llor will 1 !!;ti!~_,-,-~.:_I't;_~<)..!".<L,-, l_:IJJ _~_;_'.!:I,;IJ.!.t;_e act illlls. 11f[;"I.dlll:~ :llsttrIC;tl:,':1 1;11' 111';11' .ic,-l.!.:.t.II<::'~, FLOOD DAMAGE PREVENTION ( and report such variances issued to the Federal Insurance AclministTation. Federal Emergency Management Agency. Sees. 8-35-8-50. Reserved. ARTICLE III. STANDARDS See. 8-51. General standards. In all areas of special flood hazards the following standards are required: (1) Anchoring: a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes shall be installed using methods and practices which mll1lmlZe 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 Slandards, section 280.JOG, shall be installed ill accordance with lhe manu l"acturer's instructions. Manul"aelured hOllles not provided with such 1I1slallatioll instructions, <lr 111;IIUd:ICI1l1l:d hOlllcs 1101 prllvlded \\'1111 1I1slnlclll)ll~; ("or lllc I', 411'<1'.'" I I.: ,.', 1".1' III 'Ill If! hun.icane zone, shall comply with the Slate of florida Department of Highway Safely 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 localed and constructed to nlllllrlli'l.e flood damage. e. All slIch proposals shall have :Ilkqll<tle dr:llllagc provided to rC';lIce expOSlllC [0 lIood damage. II fLOOD DAlvll\GE PI~EV[NTION d , Bas.e--ABeti-ele-Y-a-tieH-Gfrt-a--4a+l- l~e provided for subdi...isielt 1'H'el3osals and othef-j}ffl~ Ele-vel~pments which cofttaffi-at least fifty (50) lots or five (5) acres (whichcver-is-lessj-:- All preliminary subdivision proposals shall identify the flood hazards area and the elevation of the base flood. e. All subdivision plans will include the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation. the lowest floor and pad elevations shall be certified by a registered professional engIneer or surveyor and provided to the Floodplain Administrator. e.[ All requirements of Chapter 9 of this Code which exceed the above criteria shall apply. with walls substantially impem1eablc to the passage of water. u. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. 8e 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 str:uctures are floodproofed, shall be maintained by the local administrator as set forth in section 8-32(4)a. (3) Mobile hOllles: ;\ I Ie Iloodprookd so Ih:11 ilelow 1111: I.;,.;,. 11(\(\d IIIl: SII'\ICIIIl<: I:; \\';llcrlll',111 a. Mobile homes shall be anchored in accordance with section 8-5 l(l)b. b. For new mobile home parks and mobile home subdivisions, for expansions to existing mobile home parks and mobile home subdivisions, for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, and for mobile homes not placed in a mobile home park or mobile home subdivision, it is required that 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 arc provided; and ,I. Iii lhe inSI;\I1Ce or e1evatioll all Ildlll!:s. Ihal lots :Ire large enough tll pCi'll!:: sleps, pdilll,~ Sec. 8-52. Specific standards. In all areas of special flood hazards where base floqd 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 te-& li inches above base flood elevation. (2) Nonresidential construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure sha II either have the lowest floor, including basement, elevated to I X inches ahove the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall: I . I " i ,.. .' . ~ I', . I ...,: t . I II If I I' I'I.OOD DAMAGE I'I~EVENTION ( foundations arc placed in stablc soil 110 more than tcn (10) feci 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 structure's lowest floor: For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (I) 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 (I) foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (5) Mechanical and utility equipment: New installation and substantial improvement of any electrical, heating, ventilation, plumbing, and air~conditioning equipment and other service facilities shall be elevated above the base flood elevation or dcsigned so as 10 prevent watcr frolll enlering or accumulating within the equipment components during conditions or flooding, See. H-5J. Stalldanls fo." areas of slt:Illow tloodil\l~ (A() '(.olles). 1.(JC;llcd wilhill 111l; ;II'C;I'; or SPCCI;" flood h;I/_;11"<1 c:;(;t1"I~;IIl;d III ;;':CIIlIII :\-) ;'IC ;trcas 1'1"11" ...! I',",. ,l"tl 'tll'll designatcd as shallow {loading. These areas have special (load hazards associated with base flood depths 0 r one (I) to three (3) feet where a clearly defined channel does not exist and where the path of /loading 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 two (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, abov~ the highest adjacent grade (if no depth number is specified, the lowest floor, including basement, shall be elevated at least "vo (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 slructural components having the capability of resisting hydrostatic and hydrodynamic loads and erfects of buoyancy. Sec. 8-54. Standards for small streams. Located wilhin the arcas oj" special {lood hazard established ill sectioll S-5. where small streams exist but where 110 hase flood datil have been pro v i <.led or wltcrc IHI f IlIod \Va ys Ita vc been provided. Iilc 1(11l'l\vill~'. PI(\-. I "Oil;; ;Ipply: 1\ f-LOOD DAMAGE PREVENTION ( ( I ) No cncroachmcnts, including fill material or structures shall be located withil1 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 certi fication 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 f1oodproofed in accordance with elevations established in accordance with section 8-32(3). Sec. 8-55. Standards for regulatory flood ways. When f100dways are designated within areas of special flood hazard, additional criteria will be met. Since the flood way 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 de vel 0 p men ts 1:1 n1ess--eer-tttieatien-ay--il: 13r-ef:essi en a1-registel-e6-eflg-f neer-ef o Fe-hi teet--is---J) l:e'l-id eJ-d elHensk-ut-iflg l~i ot-en el:ea eh Hients-sha~1-HeH-estl4t'-ifl Of ly-1 n or-eu se--i n-fleecl-l evels-<Ju r~ng oeCtll'f:ence--o f'--lhe-l3use-fleed clisehlll'ge. (2) -I f--(-I'1-u bo Ye-;~;---Sll ti:; (.j ed;-nll-lH..'W cOII:;[ructi<III--{JI ld~uostu nliol ill 'llroYClllel' t~;-sllu II-eoll1l'l y--will\-{lII Ulllll ieu I,I\:-ll( 10<1 -IIllY.u r<l-redu0tioll 1'1"< I vi:; i( II 1:;'( I r'~;ed iOI' -?: --:).I-ulld ~;ecliol I ~:.;i /- . XLII:;, I'L(.'J',!!.,.i.lj!-'.0..,..~;.Lli~L_!,!,~,!.! pr("(:II1<1(: IIIl: ('Ily lIr m(.I,I,I.!~.I: I'j "I'" .' .1 I.: l \ I .1": I '111111 !!ovCnlmcntal agency from performing i11a illtcnancc or flood control improvements 111 the flood way to maintain the viability of the flood way. S~liHkHH~5-fHl4-tIHHI~ :fflere-s.fiall be no alteration of sand dunes or mangrovc stands whiclt---lvould inerease f*Hential flood damage:- 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 storm water without flooding any lot in the proposed subdivision or in the surrounding territory. All residential floor elevations shall be a minimum of on and one half (1 1/2) f.eet above the hundred year flood stage 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.