PORT ST. LUCIE CITY COUNCILAGENDA ITEM SUMMARY

Meeting Date: April 8, 2019

Agenda Item #: COUNCIL ITEM $°6DATE

S/- 22.-PLACEMENT: First Reading of Ordinances

ACTION REQUESTED: Motion / Vote

AMENDING THE CODE OF ORDINANCES TO REPEAL CHAPTER 152 FLOODPLAINREGULATIONS; TO ADOPT A NEW CHAPTER 152 FLOODPLAIN MANAGEMENT; TO ADOPTFLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPTPROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOROTHER PURPOSES; AMENDING CHAPTER 150 BUILDING REGULATIONS TO ADOPTTECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE

SUBMITTED BY: Colt Schwerdt, P.E., Regulatory Manager C)

STRATEGIC PLAN LINK: The City ' s Goal of a high-performing city government organization.

EXECUTIVE SUMMARY (General Business): The revised code will bring the City ' s floodplainregulations into compliance with the National Flood Insurance Program (NFIP) and the requirementsof Title 44 Code of Federal Regulations, Sections 59 and 60, which are necessary for the City ' sparticipation in the NFIP.

PRESENTATION INFORMATION: N/A

STAFF RECOMMENDATION: Move that the Council approve the attached ordinance.

ALTERNATE RECOMMENNDATIONS:1. Move that the Council amend the recommendation and approve the attached ordinance.2. Move that the Council not approve the ordinance and provide staff direction.

BACKGROUND: In January 2013, the Florida Division of Emergency Management (FDEM) developeda model ordinance for local municipalities to coordinate floodplain management ordinances withthe 2010 Florida Building Code and ensure all minimum requirements of the National FloodInsurance Program (NFIP) are met. FDEM 's State Floodplain Manager, NFIP ' s Consultant and CityStaff worked together to prepare a new Floodplain Management Ordinance based on the modelordinance, for the City of Port St. Lucie, which complies with the requirements of the NFIP andFDEM.

ISSUES/ANALYSIS: Adoption of the attached ordinance will allow the City to continue participationin the National Flood Insurance Program (NFIP) and, allows the City's residents to continue to qualifyfor flood insurance.

FINANCIAL INFORMATION: The floodplain management activities implemented by the City,including the adoption of this ordinance, will qualify flood insurance policy holders within SpecialFlood Hazard Areas of the City a ten percent discount.

Agenda Memorandum (General Business) V 3.8.2

SPECIAL CONSIDERATION: N/A.

LOCATION OF PROJECT: Citywide

ATTACHMENTS: Ordinance

NOTE: All of the listed items in the "Attachment" section above are in the custody of the City Clerk. Any item(s) notprovided in City Council packets are available upon request from the City Clerk.

LEGAL SUFFICIENCY REVIEW:Reviewed by Caroline Valentin, Deputy City Attorney. Approved as to Legal form and sufficiency byJames D. Stokes, Interim City Attorney.

1L5-11\) ti-\. C) 06,

ROUTING:1. Department requesting Agenda Item: Public Works DepartmentAPPROVAL(S):2. Department preparing Agenda Item: Public Works Interim Director Roxanne Chesser3. Secondary Department Approval: Interim City Attorney James D. Stokes4. City Manager's Office: Jesus Merejo, Assistant City ManagerQ^,.5. City Manager's Office: N/A

6. City Manager: Russ Blackburn

RECEIVEDAPR 0 4 2019

Agenda Memorandum (General Business) V 3.8.2

CITY MANAGER'S OFFICE

ATTACHMENT "1"

to City Council Agenda Item Summary

Proposed Ordinance

Repeal of Existing Chapter 152, Port St. Lucie Code of Ordinances, and

Adoption of new Chapter 152 - Floodplain Management

COUNCIL ITEMDATE

-201 9

ORDINANCE 19-23COUNCIL ITEM frBDATE

y-22r9

AN ORDINANCE BY THE CITY OF PORT ST LUCIE CITY COUNCIL AMENDING THE CODEOF ORDINANCES TO REPEAL CHAPTER 152 FLOODPLAIN REGULATIONS; TO ADOPT ANEW CHAPTER 152 FLOODPLAIN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS, TODESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIAFOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES;AMENDING CHAPTER 150 BUILDING REGULATIONS TO ADOPT TECHNICALAMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY;REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,conferred upon local governments the authority to adopt regulations designed to promote thepublic health, safety, and general welfare of its citizenry; and

WHEREAS, the Federal Emergency Management Agency has identified special floodhazard areas within the boundaries of the City of Port St Lucie and such areas may be subject toperiodic inundation which may result in loss of life and property, health and safety hazards,disruption of commerce and governmental services, extraordinary public expenditures for floodprotection and relief, and impairment of the tax base, all of which adversely affect the publichealth, safety and general welfare, and

WHEREAS, the City of Port St Lucie was accepted for participation in the National FloodInsurance Program on March 15, 1982 and the City Council desires to continue to meet therequirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for suchparticipation; and

WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature toprovide a mechanism for the uniform adoption, updating, amendment, interpretation andenforcement of a state building code, called the Florida Building Code; and

WHEREAS, the City Council adopted a requirement to require accumulation of costs ofimprovements and repairs of buildings, based on issued building permits, over the life of thestructure, and to limit partitioning of enclosed areas below elevated buildings and to limit accessto enclosed areas, for buildings and structures in flood hazard areas prior to July 1, 2010 and,pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the FloridaBuilding Code;

WHEREAS, the City Council has determined that it is in the public interest to adopt theproposed floodplain management regulations that are coordinated with the Florida Building Code.

NOW, THEREFORE, THE CITY OF PORT ST. LUCIE HEREBY ORDAINS:

SECTION 1. RECITALS. The foregoing whereas clauses are incorporated herein byreference and made a part hereof.

SECTION 2. This ordinance specifically repeals the City of Port St Lucie Code ofOrdinances Chapter 152 Floodplain Regulations and replaces with the following Chapter 152Floodplain Management.

Page 1 of 30

ORDINANCE 19-23

CHAPTER 152 FLOODPLAIN MANAGEMENT

ARTICLE I ADMINISTRATION

Sec. 152.00. General

(a)

Title. This chapter shall be known as the Floodplain Management Regulations.

(b)

Scope. The provisions of this chapter shall apply to all development that is wholly within orpartially within any flood hazard area, including but not limited to the subdivision of land; filling,grading, and other site improvements and utility installations; construction, alteration,remodeling, enlargement, improvement, replacement, repair, relocation or demolition ofbuildings, structures, and facilities that are exempt from theFlorida Building Code;placement,installation, or replacement of manufactured homes and manufactured buildings; installationor replacement of tanks; placement of recreational vehicles; installation of swimming pools;and any other development.

(c) Intent. The purposes of this ordinance and the flood load and flood resistant constructionrequirements of theFlorida Building Codeare to establish minimum requirements tosafeguard the public health, safety, and general welfare and to minimize public and privatelosses due to flooding through regulation of development in flood hazard areas to:

(1) Minimize unnecessary disruption of commerce, access and public service durinqtimes of flooding;

(2) Require the use of appropriate construction practices in order to prevent orminimize future flood damage;

(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,storage of equipment or materials, and other development which may increaseflood damage or erosion potential;

(4) Manage the alteration of flood hazard areas, watercourses, and shorelines tominimize the impact of development on the natural and beneficial functions of thefloodplain;

(5) Minimize damage to public and private facilities and utilities;

(6) Help maintain a stable tax base by providing for the sound use and developmentof flood hazard areas;

(7) Minimize the need for future expenditure of public funds for flood control projectsand response to and recovery from flood events; and

(8) Meet the requirements of the National Flood Insurance Program for communityparticipation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.

(d) Coordination with theFlorida Building Code.The Floodplain Management Regulations areintended to be administered and enforced in conjunction with the Florida Building Code.Where cited, ASCE 24 refers to the edition of the standard that is referenced by the FloridaBuilding Code.

(e)

Warning. The degree of flood protection required by the Floodplain Management Regulationsand theFlorida Building Code,as amended by this community, is considered the minimum

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reasonable for regulatory purposes and is based on scientific and engineering considerations.Larger floods can and will occur. Flood heights may be increased by man-made or naturalcauses. This ordinance does not imply that land outside of mapped special flood hazardareas, or that uses permitted within such flood hazard areas, will be free from flooding or flooddamage. The flood hazard areas and base flood elevations contained in the Flood InsuranceStudy and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code ofFederal Regulations, Sections 59 and 60 may be revised by the Federal EmergencyManagement Agency, requiring this community to revise these regulations to remaineligible for participation in the National Flood Insurance Program. No guaranty of vesteduse, existing use, or future use is implied or expressed by compliance with the FloodplainManagement Regulations.

(f)

Disclaimer of Liability. The Floodplain Management Regulations shall not create liabilityon the part of the City of Port St Lucie City Council or by any officer or employee thereoffor any flood damage that results from reliance on this ordinance or any administrativedecision lawfully made thereunder.

Sec. 152.01 Applicability

(a)

General. Where there is a conflict between a general requirement and a specificrequirement, the specific requirement shall be applicable.

(b)

Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areaswithin the City of Port St Lucie, as established in Section 152.01(c).

(c) Basis for establishing flood hazard areas. The Flood Insurance Study for St Lucie County,Florida and Incorporated Areas dated February 16, 2012, and all subsequent amendmentsand revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and allsubsequent amendments and revisions to such maps, are adopted by reference as a partof the Floodplain Management Regulations and shall serve as the minimum basis forestablishing flood hazard areas. Studies and maps that establish flood hazard areas areon file at the City of Port St Lucie Public Works Department located at 121 SW Port StLucie Boulevard, Port St Lucie, FL 34984.

(d) Submission of additional data to establish flood hazard areas. To establish flood hazardareas and base flood elevations, pursuant to Section 152.04 the Floodplain Administratormay require submission of additional data. Where field surveyed topography prepared bya Florida licensed professional surveyor or digital topography accepted by the communityindicates that ground elevations:

(1) Are below the closest applicable base flood elevation, even in areas not delineatedas a special flood hazard area on a FIRM, the area shall be considered as floodhazard area and subject to the requirements of the Floodplain ManagementRegulations and, as applicable, the requirements of the Florida Buildinq Code.

(2) Are above the closest applicable base flood elevation, the area shall be regulatedas special flood hazard area unless the applicant obtains a Letter of Map Changethat removes the area from the special flood hazard area.

(e)

Other laws. The provisions of the Floodplain Management Regulations shall not bedeemed to nullify any provisions of local, state or federal law.

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Abrogation and greater restrictions. The Floodplain Management Regulations supersedeany ordinance in effect for management of development in flood hazard areas. However,it is not intended to repeal or abrogate any existing ordinances including but not limited toland development regulations, zoning ordinances, stormwater management regulations,or theFlorida Buildinq Code. In the event of a conflict between the FloodplainManagement Regulations and any other ordinance, the more restrictive shall govern. TheFloodplain Management Regulations shall not impair any deed restriction, covenant oreasement, but any land that is subject to such interests shall also be governed by theFloodplain Management Regulations.

Interpretation. In the interpretation and application of the Floodplain ManagementRegulations, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Sec. 152.02 Duties and Powers of the Floodplain Administrator

(a) Designation. The City Engineer is designated as the Floodplain Administrator. TheFloodplain Administrator may delegate performance of certain duties to other employees.

(b) General. The Floodplain Administrator is authorized and directed to administer andenforce the provisions of the Floodplain Management Regulations. The FloodplainAdministrator shall have the authority to render interpretations of the FloodplainManagement Regulations consistent with the intent and purpose of the FloodplainManagement Regulations and may establish policies and procedures in order to clarifythe application of its provisions. Such interpretations, policies, and procedures shall nothave the effect of waiving requirements specifically provided in the FloodplainManagement Regulations without the granting of a variance pursuant to Section 152.06.

(c) Applications and permits. The Floodplain Administrator, in coordination with otherpertinent offices of the community, shall:

(1) Review applications and plans to determine whether proposed new developmentwill be located in flood hazard areas;

(2) Review applications for modification of any existing development in flood hazardareas for compliance with the requirements of the Floodplain ManagementRegulations;

(3) Interpret flood hazard area boundaries where such interpretation is necessary todetermine the exact location of boundaries; a person contesting the determinationshall have the opportunity to appeal the interpretation;

(4) Provide available flood elevation and flood hazard information;

(5) Determine whether additional flood hazard data shall be obtained from othersources or shall be developed by an applicant;

(6) Review applications to determine whether proposed development will bereasonably safe from flooding;

(f)

(g)

(1)

(2)

(3)

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(7) Issue floodplain development permits or approvals for development other thanbuildings and structures that are subject to the Florida Building Code,includingbuildings, structures and facilities exempt from theFlorida Building Code,whencompliance with the Floodplain Management Regulations is demonstrated, ordisapprove the same in the event of noncompliance; and

(8) Coordinate with and provide comments to the Building Official to assure thatapplications, plan reviews, and inspections for buildings and structures in floodhazard areas comply with the applicable provisions of the Floodplain ManagementRegulations.

(d)

Substantial improvement and substantial damage determinations. For applications forbuilding permits to improve buildings and structures, including alterations, movement,enlargement, replacement, repair, change of occupancy, additions, rehabilitations,renovations, substantial improvements, repairs of substantial damage, and any otherimprovement of or work on such buildings and structures, the Floodplain Administrator, incoordination with the Building Official, shall:

(1) Estimate the market value, or require the applicant to obtain an appraisal of themarket value prepared by a qualified independent appraiser, of the building orstructure before the start of construction of the proposed work; in the case of repair,the market value of the building or structure shall be the market value before thedamage occurred and before any repairs are made;

(2) Compare the cost to perform the improvement, the cost to repair a damagedbuilding to its pre-damaged condition, or the combined costs of improvements andrepairs, if applicable, to the market value of the building or structure;

(3) Determine and document whether the proposed work constitutes substantialimprovement or repair of substantial damage; the determination requiresevaluation of previous permits issued for improvements and repairs as specified inthe definition of "substantial improvement"; and

(4) Notify the applicant, if it is determined, that the work constitutes substantialimprovement or repair of substantial damage and that compliance with the floodresistant construction requirements of theFlorida Building Codeand the FloodplainManagement Regulations is required.

(e) Modifications of the strict application of the requirements of theFlorida Building Code.TheFloodplain Administrator shall review requests submitted to the Building Official that seekapproval to modify the strict application of the flood load and flood resistant constructionrequirements of theFlorida Building Codeto determine whether such requests require thegranting of a variance pursuant to Section 152.06.

Notices and orders. The Floodplain Administrator shall coordinate with appropriate localagencies for the issuance of all necessary notices or orders to ensure compliance with theFloodplain Management Regulations.

Inspections. The Floodplain Administrator shall make the required inspections as specifiedin Section 152.05 for development that is not subject to theFlorida Building Code,including buildings, structures and facilities exempt from theFlorida Building Code.TheFloodplain Administrator shall inspect flood hazard areas to determine if development is

(f)

(g)

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undertaken without issuance of a permit.

(h)

Other duties of the Floodplain Administrator. The Floodplain Administrator shall have otherduties, including but not limited to:

(1) Establish, in coordination with the Building Official, procedures for administerinqand documenting determinations of substantial improvement and substantialdamage made pursuant to Section 152.02(d);

(2) Require that applicants proposing alteration of a watercourse notify adjacentcommunities and the Florida Division of Emergency Management, StateFloodplain Management Office, and submit copies of such notifications to theFederal Emergency Management Agency (FEMA);

(3) Require applicants who submit hydrologic and hydraulic engineering analyses tosupport permit applications to submit to FEMA the data and information necessaryto maintain the Flood Insurance Rate Maps if the analyses propose to change baseflood elevations, flood hazard area boundaries, or floodway designations; suchsubmissions shall be made within six months of such data becoming available;

(4) Review required design certifications and documentation of elevations specifiedby the Floodplain Management Regulations and the Florida Buildinq Codetodetermine that such certifications and documentations are complete;

(5) Notify the Federal Emergency Management Agency when the corporateboundaries of the City of Port St Lucie are modified; and

(6) Advise applicants for new buildings and structures, including substantialimprovements, that are located in any unit of the Coastal Barrier ResourcesSystem established by the Coastal Barrier Resources Act (Pub. L. 97-348) and theCoastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal floodinsurance is not available on such construction; areas subject to this limitation areidentified on Flood Insurance Rate Maps as "Coastal Barrier Resource SystemAreas" and "Otherwise Protected Areas."

(i) Floodplain management records. Regardless of any limitation on the period required forretention of public records, the Floodplain Administrator shall maintain and permanentlykeep and make available for public inspection all records that are necessary for theadministration of the Floodplain Management Regulations and the flood resistantconstruction requirements of theFlorida Buildinq Code,including Flood Insurance RateMaps; Letters of Map Change; records of issuance of permits and denial of permits;determinations of whether proposed work constitutes substantial improvement or repair ofsubstantial damage; required design certifications and documentation of elevationsspecified by theFlorida Buildinq Codeand the Floodplain Management Regulations;notifications to adjacent communities, FEMA, and the state related to alterations ofwatercourses; assurances that the flood carrying capacity of altered watercourses will bemaintained; documentation related to appeals and variances, including justification forissuance or denial; and records of enforcement actions taken pursuant to the FloodplainManagement Regulations and the flood resistant construction requirements of the FloridaBuildinq Code.These records shall be available for public inspection at the City of PortSt Lucie Building Department located at 121 SW Port St Lucie Boulevard, Port St Lucie,FL 34984.

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ORDINANCE 19-23

Sec. 152.03 Permits

(a) Permits required. Any owner or owner's authorized agent (hereinafter "applicant") whointends to undertake any development activity within the scope of the FloodplainManagement Regulations, including buildings, structures and facilities exempt from theFlorida Building Code,which is wholly within or partially within any flood hazard area shallfirst make application to the Floodplain Administrator, and the Building Official ifapplicable, and shall obtain the required permit(s) and approval(s). No such permit orapproval shall be issued until compliance with the requirements of the FloodplainManagement Regulations and all other applicable codes and regulations has been satisfied.

(b) Floodplain development permits or approvals. Floodplain development permits or approvalsshall be issued pursuant to the Floodplain Management Regulations for any developmentactivities not subject to the requirements of theFlorida Building Code, includinq buildings,structures and facilities exempt from theFlorida Building Code.Depending on the natureand extent of proposed development that includes a building or structure, the FloodplainAdministrator may determine that a floodplain development permit or approval is required inaddition to a building permit.

(c)

Buildings, structures and facilities exempt from the Florida Building Code.Pursuant to therequirements of federal regulation for participation in the National Flood InsuranceProgram (Title 44 Code of Federal Regulations Sections 59 and 60), floodplaindevelopment permits or approvals shall be required for the following buildings, structuresand facilities that are exempt from the Florida Building Codeand any further exemptionsprovided by law, which are subject to the requirements of the Floodplain ManagementRegulations:

(1) Railroads and ancillary facilities associated with the railroad.

(2) Nonresidential farm buildings on farms, as provided in Florida Statutes Section604.50.

(3) Temporary buildings or sheds used exclusively for construction purposes.

(4) Mobile or modular structures used as temporary offices.

(5) Those structures or facilities of electric utilities, as defined in Florida StatutesSection 366.02., which are directly involved in the generation, transmission, ordistribution of electricity.

(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or theSeminole Tribe of Florida. As used in this paragraph, the term "chickee" means anopen-sided wooden hut that has a thatched roof of palm or palmetto or othertraditional materials, and that does not incorporate any electrical, plumbing, orother non-wood features.

(7) Family mausoleums not exceeding 250 square feet in area which are prefabricatedand assembled on site or preassembled and delivered on site and have walls,roofs, and a floor constructed of granite, marble, or reinforced concrete.

(8) Temporary housing provided by the Department of Corrections to any prisoner inthe state correctional system.

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(9) Structures identified in Florida Statutes Section 553.73(10)(k), are not exempt fromtheFlorida Building Codeif such structures are located in flood hazard areasestablished on Flood Insurance Rate Maps

(d) Application for a permit or approval. To obtain a floodplain development permit or approvalthe applicant shall first file an application in writing on a form furnished by the community.The information provided shall:

Identify and describe the development to be covered by the permit or approval.

Describe the land on which the proposed development is to be conducted by legaldescription, street address or similar description that will readily identify anddefinitively locate the site.

Indicate the use and occupancy for which the proposed development is intended.

Be accompanied by a site plan or construction documents as specified in Section152.04.

State the valuation of the proposed work.

Be siqned by the applicant or the applicant's authorized agent.

Give such other data and information as required by the Floodplain Administrator.

(e) Validity of permit or approval. The issuance of a floodplain development permit or approvalpursuant to the Floodplain Management Regulations shall not be construed to be a permitfor, or approval of, any violation of the Floodplain Management Regulations, theFloridaBuilding Codes,or any other ordinance of this community. The issuance of permits basedon submitted applications, construction documents, and information shall not prevent theFloodplain Administrator from requiring the correction of errors and omissions.

Expiration. A floodplain development permit or approval shall become invalid unless thework authorized by such permit is commenced within 180 days after its issuance, or if thework authorized is suspended or abandoned for a period of 180 days after the workcommences. Extensions for periods of not more than 180 days each shall be requestedin writing and justifiable cause shall be demonstrated.

Suspension or revocation. The Floodplain Administrator is authorized to suspend orrevoke a floodplain development permit or approval if the permit was issued in error, onthe basis of incorrect, inaccurate or incomplete information, or in violation of the FloodplainManagement Regulations or any other ordinance, regulation or requirement of thiscommunity.

(h)

Other permits required. Floodplain development permits and building permits shall includea condition that all other applicable state or federal permits be obtained beforecommencement of the permitted development, including but not limited to the following:

The South Florida Water Management District; Florida Statutes Section 373.036.

Florida Department of Health for onsite sewage treatment and disposal systems;Florida Statutes Section 381.0065 and Florida Administrative Code Chapter 64E-6.

(1)

(2)

(f)

(g)

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(3) Florida Department of Environmental Protection for construction, reconstruction,changes, or physical activities for shore protection or other activities seaward ofthe coastal construction control line; Florida Statutes Section 161.041.

(4) Florida Department of Environmental Protection for activities subject to the JointCoastal Permit; Florida Statutes Section 161.055.

(5) Florida Department of Environmental Protection for activities that affect wetlandsand alter surface water flows, in conjunction with the U.S. Army Corps ofEngineers; Section 404 of the Clean Water Act.

(6) Federal permits and approvals.

Sec. 152.04 Site Plans and Construction Documents

(a) Information for development in flood hazard areas. The site plan or constructiondocuments for any development subject to the requirements of the FloodplainManagement Regulations shall be drawn to scale and shall include, as applicable to theproposed development:

(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), baseflood elevation(s), and ground elevations if necessary for review of the proposeddevelopment.

(2) Where base flood elevations or floodway data are not included on the FIRM or inthe Flood Insurance Study, they shall be established in accordance with Section152.04(b)(2) or (3).

(3) Where the parcel on which the proposed development will take place will havemore than fifty lots or is larger than five acres and the base flood elevations arenot included on the FIRM or in the Flood Insurance Study, such elevations shallbe established in accordance with Section 152.04(b)(1).

(4) Location of the proposed activity and proposed structures, and locations of existingbuildings and structures; in coastal high hazard areas, new buildings shall belocated landward of the reach of mean high tide.

(5) Location, extent, amount, and proposed final grades of any filling, grading, orexcavation.

(6) Where the placement of fill is proposed, the amount, type, and source of fillmaterial; compaction specifications; a description of the intended purpose of thefill areas; and evidence that the proposed fill areas are the minimum necessary toachieve the intended purpose.

(7) Delineation of the Coastal Construction Control Line or notation that the site isseaward of the coastal construction control line, if applicable.

(8) Extent of any proposed alteration of sand dunes or mangrove stands, providedsuch alteration is approved by the Florida Department of Environmental Protection.

(9) Existing and proposed alignment of any proposed alteration of a watercourse.

The Floodplain Administrator is authorized to waive the submission of site plans, constructiondocuments, and other data that are required by the Floodplain Management Regulations but thatare not required to be prepared by a registered design professional if it is found that the nature of

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the proposed development is such that the review of such submissions is not necessary toascertain compliance with the Floodplain Management Regulations.

(b) Information in flood hazard areas without base flood elevations (approximate Zone A).Where flood hazard areas are delineated on the FIRM and base flood elevation data havenot been provided, the Floodplain Administrator shall:

(1)

Require the applicant to include base flood elevation data prepared in accordancewith currently accepted engineering practices.

(2) Obtain, review, and provide to applicants base flood elevation and floodway dataavailable from a federal or state agency or other source or require the applicant toobtain and use base flood elevation and floodway data available from a federal orstate agency or other source.

(3) Where base flood elevation and floodway data are not available from anothersource, where the available data are deemed by the Floodplain Administrator tonot reasonably reflect flooding conditions, or where the available data are knownto be scientifically or technically incorrect or otherwise inadequate:

(a) Require the applicant to include base flood elevation data prepared inaccordance with currently accepted engineering practices; or

(b) Specify that the base flood elevation is two feet above the highest adjacentgrade at the location of the development, provided there is no evidenceindicating flood depths have been or may be greater than two feet.

(4) Where the base flood elevation data are to be used to support a Letter of MapChange from FEMA, advise the applicant that the analyses shall be prepared by aFlorida licensed engineer in a format required by FEMA, and that it shall be theresponsibility of the applicant to satisfy the submittal requirements and pay theprocessing fees.

(c)

Additional analyses and certifications. As applicable to the location and nature of theproposed development activity, and in addition to the requirements of this section, theapplicant shall have the following analyses signed and sealed by a Florida licensedengineer for submission with the site plan and construction documents:

(1) For development activities proposed to be located in a regulatory floodway, afloodway encroachment analysis that demonstrates that the encroachment of theproposed development will not cause any increase in base flood elevations; wherethe applicant proposes to undertake development activities that do increase baseflood elevations, the applicant shall submit such analysis to FEMA as specified inSection 152.04(d) and shall submit the Conditional Letter of Map Revision, ifissued by FEMA, with the site plan and construction documents.

(2) For development activities proposed to be located in a riverine flood hazard areafor which base flood elevations are included in the Flood Insurance Study or onthe FIRM and floodways have not been designated, hydrologic and hydraulicanalyses that demonstrate that the cumulative effect of the proposed development,when combined with all other existing and anticipated flood hazard areaencroachments, will not increase the base flood elevation more than one foot atany point within the community. This requirement does not apply in isolated floodhazard areas not connected to a riverine flood hazard area or in flood hazard areas

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identified as Zone AO or Zone AH.

(3) For alteration of a watercourse, an engineering analysis prepared in accordancewith standard engineering practices which demonstrates that the flood-carryingcapacity of the altered or relocated portion of the watercourse will not bedecreased, and certification that the altered watercourse shall be maintained in amanner which preserves the channel's flood-carrying capacity; the applicant shallsubmit the analysis to FEMA as specified in Section 152.04(d).

(4) For activities that propose to alter sand dunes or mangrove stands in coastal highhazard areas (Zone V), an engineering analysis that demonstrates that theproposed alteration will not increase the potential for flood damage.

(d) Submission of additional data. When additional hydrologic, hydraulic or other engineeringdata, studies, and additional analyses are submitted to support an application, theapplicant has the right to seek a Letter of Map Change from FEMA to change the baseflood elevations, change floodway boundaries, or change boundaries of flood hazardareas shown on FIRMs, and to submit such data to FEMA for such purposes. Theanalyses shall be prepared by a Florida licensed engineer in a format required by FEMA.Submittal requirements and processing fees shall be the responsibility of the applicant.

Sec. 152.05 Inspections

(a) General. Development for which a floodplain development permit or approval is requiredshall be subject to inspection.

(b) Development other than buildings and structures. The Floodplain Administrator shallinspect all development to determine compliance with the requirements of the FloodplainManagement Regulations and the conditions of issued floodplain development permits orapprovals.

(c) Buildings, structures and facilities exempt from the Florida Building Code.The FloodplainAdministrator shall inspect buildings, structures and facilities exempt from theFloridaBuilding Codeto determine compliance with the requirements of the FloodplainManagement Regulations and the conditions of issued floodplain development permits orapprovals.

(d) Buildings, structures and facilities exempt from the Florida Building Code,lowest floorinspection. Upon placement of the lowest floor, including basement, and prior to furthervertical construction, the owner of a building, structure or facility exempt from theFloridaBuilding Code,or the owner's authorized agent, shall submit to the FloodplainAdministrator:

(1) If a design flood elevation was used to determine the required elevation of thelowest floor, the certification of elevation of the lowest floor prepared and sealedby a Florida licensed professional surveyor; or

(2) If the elevation used to determine the required elevation of the lowest floor wasdetermined in accordance with Section 152.04(b)(3)(b), the documentation ofheight of the lowest floor above highest adjacent grade, prepared by the owner orthe owner's authorized agent.

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(e) Buildings, structures and facilities exempt from theFlorida Buildinq Code,final inspection.As part of the final inspection, the owner or owner's authorized agent shall submit to theFloodplain Administrator a final certification of elevation of the lowest floor or finaldocumentation of the height of the lowest floor above the highest adjacent grade; suchcertifications and documentations shall be prepared as specified in Section 152.05(d).

(f) Manufactured homes. The Floodplain Administrator shall inspect manufactured homesthat are installed or replaced in flood hazard areas to determine compliance with therequirements of the Floodplain Management Regulations and the conditions of the issuedpermit. Upon placement of a manufactured home, certification of the elevation of thelowest floor shall be submitted to the Floodplain Administrator.

Sec. 152.06 Variances and Appeals

(a) General. The Planning and Zoning Board shall hear and decide on requests for appealsand requests for variances from the strict application of this ordinance. Pursuant to FloridaStatutes Section 553.73(5), the Planning and Zoning Board shall hear and decide onrequests for appeals and requests for variances from the strict application of the floodresistant construction requirements of theFlorida Buildinq Code.This section does notapply to Section 3109 of theFlorida Buildinq Code, Building.

(b) Appeals. The Planning and Zoning Board shall hear and decide appeals when it is allegedthere is an error in any requirement, decision, or determination made by the FloodplainAdministrator in the administration and enforcement of the Floodplain ManagementRegulations. Any person aggrieved by the decision may appeal such decision to theCircuit Court, as provided by Florida Statutes.

(c) Limitations on authority to grant variances. The Planning and Zoning Board shall base itsdecisions on variances on technical justifications submitted by applicants, theconsiderations for issuance in Section 152.06(g), the conditions of issuance set forth inSection 152.06(h), and the comments and recommendations of the FloodplainAdministrator and the Building Official. The Planning and Zoning Board has the right toattach such conditions as it deems necessary to further the purposes and objectives ofthis ordinance.

(d) Restrictions in floodways. A variance shall not be issued for any proposed developmentin a floodway if any increase in base flood elevations would result, as evidenced by theapplicable analyses and certifications required in Section 152.04(c).

(e) Historic buildings. A variance is authorized to be issued for the repair, improvement, orrehabilitation of a historic building that is determined eligible for the exception to the floodresistant construction requirements of theFlorida Buildinq Code, Existinq Building,Chapter 12 Historic Buildings, upon a determination that the proposed repair,improvement, or rehabilitation will not preclude the building's continued designation as ahistoric building and the variance is the minimum necessary to preserve the historiccharacter and design of the building. If the proposed work precludes the building'scontinued designation as a historic building, a variance shall not be granted and thebuilding and any repair, improvement, and rehabilitation shall be subject to therequirements of theFlorida Buildinq Code.

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Functionally dependent uses. A variance is authorized to be issued for the construction orsubstantial improvement necessary for the conduct of a functionally dependent use, asdefined in the Floodplain Management Regulations, provided the variance meets therequirements of Section152.06(d), is the minimum necessary considering the floodhazard, and all due consideration has been given to use of methods and materials thatminimize flood damage during occurrence of the base flood.

Considerations for issuance of variances. In reviewing requests for variances, thePlanning and Zoning Board shall consider all technical evaluations, all relevant factors, allother applicable provisions of theFlorida Buildinq Code,the Floodplain ManagementRegulations, and the following:

(1) The danger that materials and debris may be swept onto other lands resulting infurther injury or damagei

(2) The danger to life and property due to flooding or erosion damage;

(3) The susceptibility of the proposed development, including contents, to flooddamage and the effect of such damage on current and future owners;

(4) The importance of the services provided by the proposed development to thecommunity;

(5) The availability of alternate locations for the proposed development that aresubject to lower risk of flooding or erosion;

(6) The compatibility of the proposed development with existing and anticipateddevelopment;

(7) The relationship of the proposed development to the comprehensive plan andfloodplain management program for the area;

(8) The safety of access to the property in times of flooding for ordinary andemergency vehicles;

(9) The expected heights, velocity, duration, rate of rise and debris and sedimenttransport of the floodwaters and the effects of wave action, if applicable, expectedat the site; and

(10) The costs of providing governmental services during and after flood conditionsincluding maintenance and repair of public utilities and facilities such as sewer,gas, electrical and water systems, streets and bridges.

(h)

Conditions for issuance of variances. Variances shall be issued only upon:

(1) Submission by the applicant, of a showing of good and sufficient cause that theunique characteristics of the size, configuration, or topography of the site limitcompliance with any provision of the Floodplain Management Regulations or therequired elevation standards;

(2) Determination by the Planning and Zoning Board that:

(a)

Failure to grant the variance would result in exceptional hardship due to thephysical characteristics of the land that render the lot undevelopable;increased costs to satisfy the requirements or inconvenience do notconstitute hardship;

(f)

(g)

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(b) The granting of a variance will not result in increased flood heights,additional threats to public safety, extraordinary public expense, nor createnuisances, cause fraud on or victimization of the public or conflict withexisting local laws and ordinances; and

(c) The variance is the minimum necessary, considering the flood hazard, toafford relief;

(3) Receipt of a signed statement by the applicant that the variance, if granted, shallbe recorded in the Office of the Clerk of the Court in such a manner that it appearsin the chain of title of the affected parcel of land; and

(4) If the request is for a variance to allow construction of the lowest floor of a newbuilding, or substantial improvement of a building, below the required elevation, acopy in the record of a written notice from the Floodplain Administrator to theapplicant for the variance, specifying the difference between the base floodelevation and the proposed elevation of the lowest floor, stating that the cost offederal flood insurance will be commensurate with the increased risk resulting fromthe reduced floor elevation (up to amounts as high as $25 for $100 of insurancecoverage), and stating that construction below the base flood elevation increasesrisks to life and property.

Sec. 152.07 Violations

(a) Violations. Any development that is not within the scope of theFlorida Buildinq Codebutthat is regulated by the Floodplain Management Regulations that is performed without anissued permit, that is in conflict with an issued permit, or that does not fully comply withthe Floodplain Management Regulations, shall be deemed a violation of the FloodplainManagement Regulations. A building or structure without the documentation of elevationof the lowest floor, other required design certifications, or other evidence of compliancerequired by the Floodplain Management Regulations or the Florida Buildinq Code ispresumed to be a violation until such time as that documentation is provided.

(b) Authority. For development that is not within the scope of theFlorida Buildinq Codebutthat is regulated by the Floodplain Management Regulations and that is determined to bea violation, the Floodplain Administrator is authorized to serve notices of violation or stopwork orders to owners of the property involved, to the owner's agent, or to the person orpersons performing the work.

(c) Unlawful continuance. Any person who shall continue any work after having been servedwith a notice of violation or a stop work order, except such work as that person is directedto perform to remove or remedy a violation or unsafe condition, shall be subject topenalties as prescribed by law.

ARTICLE II DEFINITIONS

Sec. 152.08. General

(a)

Unless otherwise expressly stated, the following words and terms shall, for the purposesof the Floodplain Management Regulations, have the meanings shown in this article.

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(b) Terms defined in theFlorida Building Code.Where terms are not defined in the FloodplainManagement Regulations and are defined in theFlorida Building Code,such terms shallhave the meanings ascribed to them in that code.

(c) Terms not defined. Where terms are not defined in the Floodplain ManagementRegulations or theFlorida Building Code,such terms shall have ordinarily acceptedmeanings such as the context implies.

Sec. 152.09 Definitions

Alteration of a watercourse.A dam, impoundment, channel relocation, change in channelalignment, channelization, or change in cross-sectional area of the channel or the channelcapacity, or any other form of modification which may alter, impede, retard or change the directionand/or velocity of the riverine flow of water during conditions of the base flood.

Appeal.A request for a review of the Floodplain Administrator's interpretation of any provision ofthe Floodplain Management Regulations.

ASCE 24.A standard titledFlood Resistant Design and Constructionthat is referenced by theFlorida Building Code.ASCE 24 is developed and published by the American Society of CivilEngineers, Reston, VA.

Base flood. A flood having a one-percent chance of being equaled or exceeded in any givenyear. [Also defined in Florida Building Code, B, Section 202.1 The base flood is commonly referredto as the "100-year flood" or the "one-percent-annual chance flood."

Base flood elevation.The elevation of the base flood, including wave height, relative to theNational Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or otherdatum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.1

Basement.The portion of a building having its floor subgrade (below ground level) on all sides.'Also defined in FBC, B, Section 202; see "Basement (for flood loads)".l

Coastal construction control line.The line established by the State of Florida pursuant to FloridaStatutes Section 161.053, and recorded in the official records of the community, which definesthat portion of the beach-dune system subject to severe fluctuations based on a 100-year stormsurge, storm waves or other predictable weather conditions.

Coastal high hazard area.A special flood hazard area extending from offshore to the inland limitof a primary frontal dune along an open coast and any other area subject to high velocity waveaction from storms or seismic sources. Coastal high hazard areas are also referred to as "highhazard areas subject to high velocity wave action" or "V Zones" and are designated on FloodInsurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.

Design flood.The flood associated with the greater of the following two areas: [Also defined inFBC, B, Section 202.1

• Area with a floodplain subject to a one-percent or greater chance of flooding in anyyear; or

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• Area designated as a flood hazard area on the community's flood hazard map, orotherwise legally designated.

Design flood elevation.The elevation of the "design flood," including wave height, relative to thedatum specified on the community's legally designated flood hazard map. In areas designatedas Zone AO, the design flood elevation shall be the elevation of the highest existing grade of thebuilding's perimeter plus the depth number (in feet) specified on the flood hazard map. In areasdesignated as Zone AO where the depth number is not specified on the map, the depth numbershall be taken as being equal to two feet. [Also defined in FBC, B, Section 202.1

Development.Any man-made change to improved or unimproved real estate, including but notlimited to, buildings or other structures, tanks, temporary structures, temporary or permanentstorage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drillingoperations or any other land disturbing activities.

Encroachment. The placement of fill, excavation, buildings, permanent structures or otherdevelopment into a flood hazard area which may impede or alter the flow capacity of riverine floodhazard areas.

Existing building and existing structure.Any buildings and structures for which the "start ofconstruction" commenced before March 15, 1982. [Also defined in FBC, B, Section 202.1

Existing manufactured home park or subdivision. A manufactured home park or subdivision forwhich the construction of facilities for servicing the lots on which the manufactured homes are tobe affixed (including, at a minimum, the installation of utilities, the construction of streets, andeither final site grading or the pouring of concrete pads) is completed before March 15,1982.

Expansion to an existing manufactured home park or subdivision. The preparation of additionalsites by the construction of facilities for servicing the lots on which the manufactured homes areto be affixed (including the installation of utilities, the construction of streets, and either final sitegrading or the pouring of concrete pads).

Federal Emergency Management Agency (FEMA). The federal agency that, in addition tocarrying out other functions, administers the National Flood Insurance Program.

Flood or flooding.A general and temporary condition of partial or complete inundation of normallydry land from: [Also defined in FBC, B, Section 202.1

• The overflow of inland or tidal waters.

• The unusual and rapid accumulation or runoff of surface waters from any source.

Flood damage-resistant materials.Any construction material capable of withstanding direct andprolonged contact with floodwaters without sustaining any damage that requires more thancosmetic repair. [Also defined in FBC, B, Section 202.1

Flood hazard area.The greater of the following two areas: [Also defined in FBC, B, Section 202.1

• The area within a floodplain subject to a one-percent or greater chance of flooding inany year.

• The area designated as a flood hazard area on the community's flood hazard map, or

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otherwise legally designated.

Flood Insurance Rate Map (FIRM).The official map of the community on which the FederalEmergency Management Agency has delineated both special flood hazard areas and the riskpremium zones applicable to the community. [Also defined in FBC, B, Section 202.1

Flood Insurance Study (FIS).The official report provided by the Federal Emergency ManagementAgency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (ifapplicable), the water surface elevations of the base flood, and supporting technical data. [Alsodefined in Florida Building Code, B, Section 202.1

Floodplain Administrator.The office or position designated and charged with the administrationand enforcement of the Floodplain Management Regulations (may be referred to as theFloodplain Manager).

Floodplain development permit or approval. An official document or certificate issued by thecommunity, or other evidence of approval or concurrence, which authorizes performance ofspecific development activities that are located in flood hazard areas and that are determined tobe compliant with the Floodplain Management Regulations.

Floodway.The channel of a river or other riverine watercourse and the adjacent land areas thatmust be reserved in order to discharge the base flood without cumulatively increasing the watersurface elevation more than one foot. [Also defined in FBC, B, Section 202.1

Floodway encroachment analysis. An engineering analysis of the impact that a proposedencroachment into a floodway is expected to have on the floodway boundaries and base floodelevations; the evaluation shall be prepared by a qualified Florida licensed engineer usinqstandard engineering methods and models.

Florida Building Code (FBC).The family of codes adopted by the Florida Building Commission,including:Florida Building Code, Building (FBC, B); Florida Building Code, Residential; FloridaBuilding Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code,Plumbing; Florida Building Code, Fuel Gas.

Functionally dependent use.A use which cannot perform its intended purpose unless it is locatedor carried out in close proximity to water, including only docking facilities, port facilities that arenecessary for the loading and unloading of cargo or passengers, and ship building and ship repairfacilities; the term does not include long-term storage or related manufacturing facilities.

Highest adjacent grade.The highest natural elevation of the ground surface prior to constructionnext to the proposed walls or foundation of a structure.

Historic structure.Any structure that is determined eligible for the exception to the flood hazardarea requirements of theFlorida Building Code, Existing Building,Chapter 12 Historic Buildings.

Letter of Map Change (LOMC).An official determination issued by FEMA that amends or revisesan effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

• Letter of Map Amendment (LOMA):An amendment based on technical data showingthat a property was incorrectly included in a designated special flood hazard area. A

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LOMA amends the current effective Flood Insurance Rate Map and establishes that aspecific property, portion of a property, or structure is not located in a special floodhazard area.

• Letter of Map Revision (LOMR):A revision based on technical data that may showchanges to flood zones, flood elevations, special flood hazard area boundaries andfloodway delineations, and other planimetric features.

Letter of Map Revision Based on Fill (LOMR-F):A determination that a structure orparcel of land has been elevated by fill above the base flood elevation and is,therefore, no longer located within the special flood hazard area. In order to qualifyfor this determination, the fill must have been permitted and placed in accordance withthe community's floodplain management regulations.

• Conditional Letter of Map Revision (CLOMR):A formal review and comment as towhether a proposed flood protection project or other project complies with theminimum NFIP requirements for such projects with respect to delineation of specialflood hazard areas. A CLOMR does not revise the effective Flood Insurance RateMap or Flood Insurance Study; upon submission and approval of certified as-builtdocumentation, a Letter of Map Revision may be issued by FEMA to revise theeffective FIRM.

Light-duty truck.As defined in Title 40 Code of Federal Regulations. 86.082-2, any motor vehiclerated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weightof 6,000 pounds or less and which has a basic vehicle frontal area of forty-five square feet or less,which is:

• Designed primarily for purposes of transportation of property or is a derivation of sucha vehicle, or

• Designed primarily for transportation of persons and has a capacity of more thantwelve persons; or

• Available with special features enabling off-street or off-highway operation and use.

Lowest floor.The lowest floor of the lowest enclosed area of a building or structure, includingbasement, but excluding any unfinished or flood-resistant enclosure, other than a basement,usable solely for vehicle parking, building access or limited storage provided that such enclosureis not built so as to render the structure in violation of the non-elevation requirements of theFloridaBuildinq Codeor ASCE 24. [Also defined in FBC, B, Section 202.1

Manufactured home.A structure, transportable in one or more sections, which is eight feet ormore in width and greater than four hundred square feet, and which is built on a permanent,integral chassis and is designed for use with or without a permanent foundation when attached tothe required utilities. The term "manufactured home" does not include a "recreational vehicle" or"park trailer." [Also defined in 15C-1.0101, F.A.C.1

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into twoor more manufactured home lots for rent or sale.

Market value.The price at which a property will change hands between a willing buyer and awilling seller, neither party being under compulsion to buy or sell and both having reasonable

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knowledge of relevant facts. As used in the Floodplain Management Regulations, the term refersto the market value of buildings and structures, excluding the land and other improvements onthe parcel. Market value may be established by a qualified independent appraiser, Actual CashValue (replacement cost depreciated for age and quality of construction), or tax assessment valueadjusted to approximate market value by a factor provided by the Property Appraiser.

New construction.For the purposes of administration of the Floodplain Management Regulationsand the flood resistant construction requirements of the Florida BuildingCode, structures forwhich the "start of construction" commenced on or after March 15, 1982 and includes anysubsequent improvements to such structures.

New manufactured home park or subdivision.A manufactured home park or subdivision for whichthe construction of facilities for servicing the lots on which the manufactured homes are to beaffixed (including at a minimum, the installation of utilities, the construction of streets, and eitherfinal site grading or the pouring of concrete pads) is completed on or after March 15, 1982.

Park trailer.A transportable unit which has a body width not exceeding fourteen feet and whichis built on a single chassis and is designed to provide seasonal or temporary living quarters whenconnected to utilities necessary for operation of installed fixtures and appliances. [Defined inFlorida Statutes Section 320.011

Recreational vehicle.A vehicle, including a park trailer, which is: [See Florida Statutes Section320.01)

• Built on a single chassis;

• Four hundred square feet or less when measured at the largest horizontal projection;

• Designed to be self-propelled or permanently towable by a light-duty truck; and

• Designed primarily not for use as a permanent dwelling but as temporary livingquarters for recreational, camping, travel, or seasonal use.

Sand dunes.Naturally occurring accumulations of sand in ridges or mounds landward of thebeach.

Special flood hazard area.An area in the floodplain subject to a one percent or greater chance offlooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,Al-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202.1

Start of construction.The date of issuance of permits for new construction and substantialimprovements, provided the actual start of construction, repair, reconstruction, rehabilitation,addition, placement, or other improvement is within 180 days of the date of the issuance. Theactual start of construction means either the first placement of permanent construction of abuilding (including a manufactured home) on a site, such as the pouring of slab or footings, theinstallation of piles, the construction of columns. Permanent construction does not include landpreparation (such as clearing, grading, or filling), the installation of streets or walkways,excavation for a basement, footings, piers, or foundations, the erection of temporary forms or theinstallation of accessory buildings such as garages or sheds not occupied as dwelling units or notpart of the main buildings. For a substantial improvement, the actual "start of construction" meansthe first alteration of any wall, ceiling, floor or other structural part of a building, whether or notthat alteration affects the external dimensions of the building. [Also defined in FBC, B Section

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202.1

Substantial damage.Damage of any origin sustained by a building or structure whereby the costof restoring the building or structure to its before-damaged condition would equal or exceed 50percent of the market value of the building or structure before the damage occurred. [Also definedin FBC, B Section 202.1

Substantial improvement.Any,combination of repair, reconstruction, rehabilitation, addition, orother improvement of a building or structure taking place over the life of the structure, thecumulative cost of which equals or exceeds fifty percent of the market value of the building orstructure before the improvement or repair is started. For each building or structure, the life ofthe structure begins on the date of the first permit issued for improvement or repair of that buildingor structure subsequent to February 16, 2012. If the structure has incurred "substantial damage,"any repairs are considered substantial improvement regardless of the actual repair workperformed. The term does not, however, include either: [Also defined in FBC, B, Section 202.1

• Any project for improvement of a building required to correct existing health, sanitary,or safety code violations identified by the building official and that are the minimumnecessary to assure safe living conditions.

Variance.A grant of relief from the requirements of the Floodplain Management Regulations, orthe flood resistant construction requirements of theFlorida Building Code,which permitsconstruction in a manner that would not otherwise be permitted by the Floodplain ManagementRegulations or theFlorida Building Code.

Watercourse.A river, creek, stream, channel or other topographic feature in, on, through, or overwhich water flows at least periodically.

ARTICLE III FLOOD RESISTANT DEVELOPMENT

Sec 152.10. Buildinqs and Structures

(a) Design and construction of buildings, structures and facilities exempt from theFloridaBuilding Code.Pursuant to Section 152.03(c), buildings, structures, and facilities that areexempt from theFlorida Building Code,including substantial improvement or repair ofsubstantial damage of such buildings, structures and facilities, shall be designed andconstructed in accordance with the flood load and flood resistant construction requirementsof ASCE 24. Structures exempt from theFlorida Building Code that are not walled and roofedbuildings shall comply with the requirements of Section 152.16.

(b) Buildings and structures seaward of the coastal construction control line. If extending, inwhole or in part, seaward of the coastal construction control line and also located, in wholeor in part, in a flood hazard area:

(1) Buildings and structures shall be designed and constructed to comply with themore restrictive applicable requirements of theFlorida Building Code, BuildingSection 3109 and Section 1612 orFlorida Building Code, ResidentialSectionR322.

(2) Minor structures and non-habitable major structures as defined in Florida Statutes

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Section 161.54, shall be designed and constructed to comply with the intent andapplicable provisions of the Floodplain Management Regulations and ASCE 24.

Sec. 152.11. Subdivisions

(a)

Minimum requirements. Subdivision proposals, including proposals for manufacturedhome parks and subdivisions, shall be reviewed to determine that:

(1) Such proposals are consistent with the need to minimize flood damage and will bereasonably safe from flooding;

(2) All public utilities and facilities such as sewer, gas, electric, communications, andwater systems are located and constructed to minimize or eliminate flood damage;and

(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AHand AO, adequate drainage paths shall be provided to guide floodwaters aroundand away from proposed structures.

(b) Subdivision plats. Where any portion of proposed subdivisions, including manufacturedhome parks and subdivisions, lies within a flood hazard area, the following shall berequired:

(1) Delineation of flood hazard areas, floodway boundaries and flood zones, anddesign flood elevations, as appropriate, shall be shown on preliminary plats;

(2) Where the subdivision has more than fifty lots or is larger than five acres and baseflood elevations are not included on the FIRM, the base flood elevationsdetermined in accordance with Section 152.04(b)(1); and

(3) Compliance with the site improvement and utilities requirements of Section 152.12.

Sec. 152.12. Site Improvements, Utilities, and Limitations

(a)

Minimum requirements. All proposed new development shall be reviewed to determinethat:

(1) Such proposals are consistent with the need to minimize flood damage and will bereasonably safe from flooding;

(2) All public utilities and facilities such as sewer, gas, electric, communications, andwater systems are located and constructed to minimize or eliminate flood damage;and

(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AHand AO, adequate drainage paths shall be provided to guide floodwaters aroundand away from proposed structures.

(b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, privatesewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsitesewage treatment and disposal systems in Florida Administrative Code Chapter 64E-6and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilitiesand discharge from the facilities into flood waters, and impairment of the facilities andsystems.

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(c) Water supply facilities. All new and replacement water supply facilities shall be designedin accordance with the water well construction standards in Florida Administrative Chapter62-532.500 and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters intothe systems.

(d) Limitations on sites in regulatory floodways. No development, including but not limited tosite improvements, and land disturbing activity involving fill or regrading, shall beauthorized in the regulatory floodway unless the floodway encroachment analysis requiredin Section 152.04(c)(1) demonstrates that the proposed development or land disturbingactivity will not result in any increase in the base flood elevation.

(e) Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall bedesigned to be stable under conditions of flooding including rapid rise and rapid drawdownof floodwaters, prolonged inundation, and protection against flood-related erosion andscour. In addition to these requirements, if intended to support buildings and structures(Zone A only), fill shall comply with the requirements of the Florida Building Code.

(f) Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas,alteration of sand dunes and mangrove stands shall be permitted only if such alteration isapproved by the Florida Department of Environmental Protection and only if theengineering analysis required by Section 152.04(c)(4) demonstrates that the proposedalteration will not increase the potential for flood damage. Construction or restoration ofdunes under or around elevated buildings and structures shall comply with Section152.16(h)(3).

Sec. 152.13. Manufactured Homes

(a) General. All manufactured homes installed in flood hazard areas shall be installed by aninstaller that is licensed pursuant to Florida Statutes Section 320.8249., and shall complywith the requirements of Florida Administrative Code Chapter 15C-1 and the requirementsof the Floodplain Management Regulations. If located seaward of the coastal constructioncontrol line, all manufactured homes shall comply with the more restrictive of theapplicable requirements.

(b) Foundations. All new manufactured homes and replacement manufactured homesinstalled in flood hazard areas shall be installed on permanent, reinforced foundationsthat:

(1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designedin accordance with the foundation requirements of theFlorida Building Code,ResidentialSection R322.2 and the Floodplain Management Regulations.Foundations for manufactured homes subject to Section 152.13(f) are permitted tobe reinforced piers or other foundation elements of at least equivalent strength.

(2) In coastal high hazard areas (Zone V), are designed in accordance with thefoundation requirements of theFlorida Building Code, ResidentialSection R322.3and the Floodplain Management Regulations.

(c) Anchoring. All new manufactured homes and replacement manufactured homes shall beinstalled using methods and practices which minimize flood damage and shall be securelyanchored to an adequately anchored foundation system to resist flotation, collapse orlateral movement. Methods of anchoring include, but are not limited to, use of over-the-

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top or frame ties to ground anchors. This anchoring requirement is in addition to applicablestate and local anchoring requirements for wind resistance.

(d) Elevation. Manufactured homes that are placed, replaced, or substantially improved shallcomply with Section 152.13(e) or (f), as applicable.

(e) General elevation requirement. Unless subject to the requirements of Section 152.13(f),all manufactured homes that are placed, replaced, or substantially improved on thefollowing sites shall be elevated such that the bottom of the frame is at or above theelevation required, as applicable to the flood hazard area, in theFlorida Building Code,ResidentialSection R322.2 (Zone A) or Section R322.3 (Zone V):

(1) Outside of a manufactured home park or subdivision;

(2) In a new manufactured home park or subdivision;

(3) In an expansion to an existing manufactured home park or subdivision; or

(4) In an existing manufactured home park or subdivision upon which a manufacturedhome has incurred "substantial damage" as the result of a flood.

Elevation requirement for certain existing manufactured home parks and subdivisions.Manufactured homes that are not subject to Section 152.13(e), including manufacturedhomes that are placed, replaced, or substantially improved on sites located in an existingmanufactured home park or subdivision, unless on a site where substantial damage asresult of flooding has occurred, shall be elevated such that either the:

(1) Bottom of the frame of the manufactured home is at or above the elevationrequired, as applicable to the flood hazard area, in the Florida Building Code,ResidentialSection R322.2 (Zone A) or Section R322.3 (Zone V); or

(2) Bottom of the frame is supported by reinforced piers or other foundation elementsof at least equivalent strength that are not less than forty-two inches in heightabove grade.

Enclosures. Enclosed areas below elevated manufactured homes shall comply with therequirements of theFlorida Building Code, ResidentialSection R322.2 or R322.3 for suchenclosed areas, as applicable to the flood hazard area.

(h)

Utility equipment. Utility equipment that serves manufactured homes, including electric,heating, ventilation, plumbing, and air conditioning equipment and other service facilities,shall comply with the requirements of theFlorida Building Code, ResidentialSection R322,as applicable to the flood hazard area.

Sec. 152.14 Recreational Vehicles and Park Trailers

(a)

Temporary placement. Recreational vehicles and park trailers placed temporarily in floodhazard areas shall:

Be on the site for fewer than 180 consecutive days; or

Be fully licensed and ready for highway use, which means the recreational vehicleor park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments

(f)

(g)

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such as additions, rooms, stairs, decks and porches.

(b) Permanent placement. Recreational vehicles and park trailers that do not meet thelimitations in Section 152.14(a) for temporary placement shall meet the requirements ofSection 152.13 for manufactured homes.

Sec. 152.15. Tanks

(a)

Underground tanks. Underground tanks in flood hazard areas shall be anchored toprevent flotation, collapse or lateral movement resulting from hydrodynamic andhydrostatic loads during conditions of the design flood, including the effects of buoyancyassuming the tank is empty.

(b)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevationrequirements of Section 152.15(c) shall:

(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,provided the tanks are anchored or otherwise designed and constructed to preventflotation, collapse or lateral movement resulting from hydrodynamic and hydrostaticloads during conditions of the design flood, including the effects of buoyancyassuming the tank is empty and the effects of flood-borne debris.

(2) Not be permitted in coastal high hazard areas (Zone V).

(c)

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall beattached to and elevated to or above the design flood elevation on a supporting structurethat is designed to prevent flotation, collapse or lateral movement during conditions of thedesign flood. Tank-supporting structures shall meet the foundation requirements of theapplicable flood hazard area.

(d)

Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

(1) At or above the design flood elevation or fitted with covers designed to prevent theinflow of floodwater or outflow of the contents of the tanks during conditions of thedesign flood; and

(2) Anchored to prevent lateral movement resulting from hydrodynamic andhydrostatic loads, including the effects of buoyancy, during conditions of the designflood.

Sec. 152.16 Other Development

(a) General requirements for other development. All development, including man-madechanges to improved or unimproved real estate for which specific provisions are notspecified in the Floodplain Management Regulations or theFlorida Building Code,shall:

(1) Be located and constructed to minimize flood damage;

(2) Meet the limitations of Section 152.12(d) if located in a regulated floodway;

(3) Be anchored to prevent flotation, collapse or lateral movement resulting fromhydrostatic loads, including the effects of buoyancy, during conditions of the designflood:

Page 24 of 30

ORDINANCE 19-23

(4) Be constructed of flood damage-resistant materials; and

(5) Have mechanical, plumbing, and electrical systems above the design floodelevation or meet the requirements of ASCE 24, except that minimum electricservice required to address life safety and electric code requirements is permittedbelow the design flood elevation provided it conforms to the provisions of theelectrical part of building code for wet locations.

(b) Fences in regulated floodways. Fences in regulated floodways that have the potential toblock the passage of floodwaters, such as stockade fences and wire mesh fences, shallmeet the limitations of Section 152.12(d).

(c) Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls andsidewalks and driveways that involve the placement of fill in regulated floodways shallmeet the limitations of Section 152.12(d).

(d) Roads and watercourse crossings in regulated floodways. Roads and watercoursecrossings, including roads, bridges, culverts, low-water crossings and similar means forvehicles or pedestrians to travel from one side of a watercourse to the other side, thatencroach into regulated floodways shall meet the limitations of Section 152.12(d).Alteration of a watercourse that is part of a road or watercourse crossing shall meet therequirements of Section 152.04(c)(3).

(e) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patiosand similar nonstructural uses in coastal high hazard areas (Zone V). In coastal highhazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks,walkways, patios and similar nonstructural uses are permitted beneath or adjacent tobuildings and structures provided the concrete slabs are designed and constructed to be:

Structurally independent of the foundation system of the building or structure;

Frangible and not reinforced, so as to minimize debris during flooding that iscapable of causing significant damage to any structure; and

Have a maximum slab thickness of not more than four inches.

(f) Decks and patios in coastal high hazard areas (Zone V). In addition to the requirementsof theFlorida Building Code,in coastal high hazard areas decks and patios shall belocated, designed, and constructed in compliance with the following:

(1) A deck that is structurally attached to a building or structure shall have the bottomof the lowest horizontal structural member at or above the design flood elevationand any supporting members that extend below the design flood elevation shallcomply with the foundation requirements that apply to the building or structure,which shall be designed to accommodate any increased loads resulting from theattached deck.

(2) A deck or patio that is located below the design flood elevation shall be structurallyindependent from buildings or structures and their foundation systems, and shallbe designed and constructed either to remain intact and in place during designflood conditions or to break apart into small pieces to minimize debris duringflooding that is capable of causing structural damage to the building or structure orto adjacent buildings and structures.

(1)

(2)

(3)

Page 25 of 30

ORDINANCE 19-23

(3) A deck or patio that has a vertical thickness of more than twelve inches or that isconstructed with more than the minimum amount of fill necessary for site drainageshall not be approved unless an analysis prepared by a qualified registered designprofessional demonstrates no harmful diversion of floodwaters or wave runup andwave reflection that would increase damage to the building or structure or toadjacent buildings and structures.

(4) A deck or patio that has a vertical thickness of twelve inches or less and that is atnatural grade or on nonstructural fill material that is similar to and compatible withlocal soils and is the minimum amount necessary for site drainage may beapproved without requiring analysis of the impact on diversion of floodwaters orwave runup and wave reflection.

(g)

Other development in coastal high hazard areas (Zone V). In coastal high hazard areas,development activities other than buildings and structures shall be permitted only if alsoauthorized by the appropriate federal, state or local authority; if located outside thefootprint of, and not structurally attached to, buildings and structures; and if analysesprepared by qualified registered design professionals demonstrate no harmful diversionof floodwaters or wave runup and wave reflection that would increase damage to adjacentbuildings and structures. Such other development activities include but are not limited to:

(1)

Bulkheads, seawalls, retaining walls, revetments, and similar erosion controlstructures;

(2) Solid fences and privacy walls, and fences prone to trapping debris, unlessdesigned and constructed to fail under flood conditions less than the design floodor otherwise function to avoid obstruction of floodwaters; and

(3) On-site sewage treatment and disposal systems defined in Florida AdministrativeCode 64E-6.002, as filled systems or mound systems.

(h)

Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas:

(1) Minor grading and the placement of minor quantities of nonstructural fill shall bepermitted for landscaping and for drainage purposes under and around buildings.

(2) Nonstructural fill with finished slopes that are steeper than one-unit vertical to fiveunits horizontal shall be permitted only if an analysis prepared by a qualifiedregistered design professional demonstrates no harmful diversion of floodwatersor wave runup and wave reflection that would increase damage to adjacentbuildings and structures.

(3) Where authorized by the Florida Department of Environmental Protection orapplicable local approval, sand dune construction and restoration of sand dunesunder or around elevated buildings are permitted without additional engineeringanalysis or certification of the diversion of floodwater or wave runup and wavereflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of thesand dune and the lowest horizontal structural member of the building.

Page 26 of 30

ORDINANCE 19-23

SECTION 3. The Port St. Lucie Code of Ordinances, Title XV Land Usage, Chapter 150Building Regulations, Article II - IV. - Reserved, sections 150.361 - 150.400. - Reserved, arehereby amended as follows:

ARTICLES II-IV. RESERVED. FLORIDA BUILDING CODE TECHNICAL AMENDMENTS.

Secs. 150.361 150 , 400 . Qeserved . Technical Amendments to the Florida Building Code,Buildinn_

(a) The Florida Building Code, Building Section 202, Definitions, is hereby modified bychanging the definition of substantial improvement as follows:

SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction,rehabilitation, alteration, addition or other improvement of a building or structure takingplace over the life of the structure, the cumulative cost of which equals or exceeds 50percent of the market value of the structure before the improvement or repair is started.For each building or structure, the life of the structure begins on the date of the first permitissued for improvement or repair of that building or structure subsequent to February 16,2012. If the structure has sustained substantial damage, any repairs are consideredsubstantial improvement regardless of the actual repair work performed. The term doesnot, however, include either:

1. Any project for improvement of a building required to correct existing health, sanitaryor safety code violations identified by the building official and that is the minimumnecessary to assure safe living conditions.

2. Any alteration of a historic structure provided that the alteration will not preclude thestructure's continued designation as a historic structure.

(b) The Florida Building Code, Building Section 1612.4, Design and Construction, is herebymodified by adding the following:

1612.4.2 Additional requirements for enclosed areas.In addition to the requirementsof ASCE 24, enclosed areas below the design flood elevation shall not be partitioned orfinished into separate rooms except for stairwells, ramps, and elevators.

Sec. 150.362. Technical Amendments to the Florida Building Code, Existing Building.

(a) The Florida Building Code, Existing Building Section 202, General Definitions, is herebymodified by changing the definition of substantial improvement as follows:

SUBSTANTIAL IMPROVEMENT.For the purpose of determining compliance with theflood provisions of this code, any combination of repair, alteration, addition or improvementof a building or structure taking place over the life of the structure, the cumulative cost ofwhich equals or exceeds 50 percent of the market value of the structure, before theimprovement or repair is started. For each building or structure, the life of the structurebegins on the date of the first permit issued for improvement or repair of that building orstructure subsequent to February 16, 2012. If the structure has sustained substantialdamage, any repairs are considered substantial improvement regardless of the actualrepair work performed. The term does not, however, include either:

Page 27 of 30

ORDINANCE 19-23

1. Any project for improvement of a building required to correct existing health, sanitaryor safety code violations identified by the code official and that is the minimumnecessary to ensure safe living conditions; or

2. Any alteration of a historic structure, provided that the alteration will not preclude thestructure's continued designation as a historic structure.

Sec. 150.363. Technical Amendments to the Florida Building Code, Residential.

(a) The Florida Building Code, Residential Section R322.2.2(1) is hereby modified asfollows:

R322.2.2 Enclosed areas below design flood elevation.Enclosed areas, includingcrawl spaces, that are below the design flood elevation shall:

1.

Be used solely for parking of vehicles, building access or storage. The interior portionof such enclosed areas shall not be partitioned or finished into separate rooms exceptfor stairwells, ramps, and elevators, unless a partition is required by the fire code. Thelimitation on partitions does not apply to load bearing walls interior to perimeter wall(crawlspace) foundations. Access to enclosed areas shall be the minimum necessaryto allow for the parking of vehicles (garage door) or limited storage of maintenanceequipment used in connection with the premises (standard exterior door) or entry tothe building (stairway or elevator).

(b) The Florida Building Code, Residential Section R322.3.4 is hereby modified as follows:

R322.3.4 Walls below design flood elevation.Walls are permitted belowthe elevated floor, provided that such walls are not part of the structuralsupport of the building or structure and:

1. Electrical, mechanical, and plumbing system components are not to be mounted onor penetrate through walls that are designed to break away under flood loads; and

2. Are constructed with insect screening or open lattice; or

3. Are designed to break away or collapse without causing collapse, displacement orother structural damage to the elevated portion of the building or supporting foundationsystem. Such walls, framing and connections shall have a resistance of not less than10 (479 Pa) and no more than 20 pounds per square foot (958 Pa) as determinedusing allowable stress design; or

4. Where wind loading values of this code exceed 20 pounds per square foot (958 Pa),as determined using allowable stress design, the construction documents shall includedocumentation prepared and sealed by a registered design professional that:

4.1. The walls below the design flood elevation have been designed tocollapse from a water load less than that which would occur during the baseflood.

Page 28 of 30

ORDINANCE 19-23

4.2. The elevated portion of the building and supporting foundation system have beendesigned to withstand the effects of wind and flood loads acting simultaneouslyon structural and nonstructural building components. Water-loading values usedshall be those associated with the base flood. Wind-loading values shall be thoserequired by this code.

5. Walls intended to break away under flood loads as specified in Item 3 or 4 have floodopenings that meet the criteria in Section R322.2.2, Item 2.

(c) The Florida Building Code, Residential Section R322.3.5 is hereby modified as follows:

R322.3.5 Enclosed areas below the design flood elevation.Enclosed areas below thedesign flood elevation shall be used solely for parking of vehicles, building access orstorage. The interior portion of such enclosed area shall not be partitioned or finished intoseparate rooms except for stairwells, ramps, and elevators, unless a partition is requiredby the fire code. Access to enclosed areas shall be the minimum necessary to allow forthe parking of vehicles (garage door) or limited storage of maintenance equipment usedin connection with the premises (standard exterior door) or entry to the building (stairwayor elevator).

ARTICLES III -IV. - RESERVED

Secs.150.364-150.400. - Reserved.

SECTION 4. FISCAL IMPACT STATEMENT. In terms of design, plan application review,construction and inspection of buildings and structures, the cost impact as an overall average isnegligible in regard to the local technical amendments because all development has been subjectto the requirements of the local floodplain management ordinance adopted for participation in theNational Flood Insurance Program. In terms of lower potential for flood damage, there will becontinued savings and benefits to consumers.

SECTION 5. APPLICABILITY. For the purposes of jurisdictional applicability, thisordinance shall apply in the City of Port St Lucie. This ordinance shall apply to all applications fordevelopment, including building permit applications and subdivision proposals, submitted on orafter the effective date of this ordinance.

SECTION 6. CONFLICT. If any ordinances, or parts of ordinances, or if any sections, orparts of sections, of the Code of Ordinances of the City of Port St. Lucie, Florida, are in conflictherewith, this Ordinance shall control to the extent of the conflicting provisions.

SECTION 7. CODIFICATION. It is the intent of the City Council that the provisions of thisordinance shall become and be made a part of the City of Port St Lucie Code of Ordinances.

SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause or phrase ofthis ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, suchdecision shall not affect the validity of the ordinance as a whole, or any part thereof, other thanthe part so declared.

SECTION 9. EFFECTIVE DATE. This ordinance shall become effective upon finaladoption on second reading.

Page 29 of 30

ORDINANCE 19-23

PASSED and ADOPTED by the City Council of the City of Port St Lucie, Florida this 22 nd dayof April, 2019.

City CouncilCity of Port St Lucie

By: Gregory J. Oravec, MayorATTEST:

Karen A. Phillips, City Clerk

APPROVED AS TO FORM:

James D Stokes, City Attorney

Page 30 of 30

ATTACHMENT "2"

to City Council Agenda Item Summary

Existing Chapter 152, Port St. Lucie Code of Ordinances

Repealed Version - Containing Strikethrough

Repeal of Existing Chapter 152, Port St. Lucie Code of Ordinances, and

Adoption of new Chapter 152 - Floodplain Management

CHAPTER 152. FLOODPLAIN REGULATIONS

Footnotes:

(1)

ditorls-ote ad-opted-F-eb-1-37-2-042,-ame-Red-for-mer-C1-52,-H -52-01-1-52-1-01-5299,

-ainod-try -sinl4l a r-subjeet--atte-r-and-der-ied-f-rom-Ord-No-94-94,adopted on-Jan-4-3, 1992,

Sec. 152.00. Statutory authorization.

ee

Statutcs, thc rcsponsibility of local government units to adopt regulations designed to promote-the-Rub-14Gee' ""5. .Ote

tee* ' "-'-e"•""

e.

(Ord. No. 12 06, § 1, 2 13 12)

Sec. 152.01. Findings of fact.

e e e _

propcrty, health and safety hazards, disruption of commerce and govcrnmental services,extraordinary public expenditures for flood protection and relief, and impairment of the tax basc, all ofwhich adversely affect the public health , safety and general welfare.

otherwise unprotected from flood damages

Sec. 152.02. Statement of purpose.

minimize public and private losses duc to flood conditions in specific arcias by provisions designed to:

{a) Restrict or prohibit uses which arc dangerous to h lth, safety and property due to watcr orgee

velocities;

gee

against flood damagc at the time of initial construction;

{c) Control thc alteration of natural floodplains, str m channels, and natural protectivc barriers

-0) Control filling,grading, dredging and otherdevelopmcntwhich may incrqpsc crosion or flooddamage; and

{c) Prcvcnt or regulate the construction of flood barriers which will unnaturally divert flood watersor which may incrclasc flood hazards to other lands.

(Ord, No. 12 06, § 1, 2 13 12)

Sec. 152.03. Objectives.

The objectives of this chapter are to:

{a) Protect human life and health;

(c) Minimize the need for rescue and relief efforts associated with flooding and generally

{d) Minimize prolonged business interruptions;

LA . .•

telephone and sewer lines, streets and bridges located in floodplains;

(f) Help maintain a stable tax base by providing for the sound use and development of flood pronear s in such a manner as to minimize flood blight argas; and

(Ord. No. 12 06, § 1, 2 13 12)

Sec. 152.04. Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as togive them the m ning they have in common usage and to give this chapter its most r sonablea-ppl-isatioh,

any provision-of this-ordinance or a reques

.

Such flooding is characterized by ponding or sheet flow.

eee

hazard-ctrd a-ree d

Basement. That portion of a building having its floor subgradc (below ground level) on all sides.

damage to the elevated portion of the building or the supporting foundation system.

Building.Sec "structure."

Building official.The building official of this city, or his designee.

-I

.

A.. • -

'

eee

structures.)

Elcvatcd building. Anon basement building built to have the lowest floor elevated above the ground

ny structure for which the "start of construction" commenced before February

c for servicing the lots on which the manufactured homes are to be affixed

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 cite grading or the pouringof concrete pads).

(1) The overflow of inland-or-tidal waters

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map (FHBM).An official map of a community, issued by the Federal

Ott A

applicable to the com u-Rity.

"22

2. 0'2 0 1/ A

study contains an examination, evaluation, and determination of flood hazards, and, if appropriate,

(i.e., mudflow )and other flood related erosion hazards. The study may also contain flood profiles, as well

e 2.-2

next to the proposed walls of a structure.

Historic structure. Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by thedepartment of interior) or preliminarily determined by the secretary of the interior as meeting the

(2) Certified or preliminarily determined by the secretary of the interior as contributing to thehistorical significance of a registered historic district or a district preliminarily determined by thesecretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservationprograms which-have been approved by the secretary of the interior; or

(II) Individually listed on a local inventory of historic places in communities with historicpreservation programs that have been certified ei+

a. By an approved state program as determined by the secretary of the interior; or

secretary of the interior in states without- pproved programs.

sidewalk, patio, deck support, or basement entryway immediately next to the structure.

22

22 2

flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an arqa other

as to render the structure in violation of the applicable nonelevation design standards of this chapter.

Manufactured home. Abuilding, transportable in one or more sections, which is built on a permanentchassis and designed to be used with or without a permanent foundation when connected to the requiredutilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on

:.

- 22-

.22

more manufactured home lots for rent or sale.

establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymouswith North American Vertical Datum (NAVD).

. I ,

.s•

A.

New manufactured home park or subdivision. Amanufactured home park or subdivision for whichthe construction of facilities for servicing the lots on which the manufactured homes are to be affixed

Recreational vehicle. Avehicle which is:

(1) Built on a single chassis;

{ I) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for

222

es.

Start of construction. (For other than new construction or substantial improvements under theCoastal Barrier Resources Act (P. L. 07 348)), includes substantial improvements, and m ns the datethe building permit was issued, provided the actual start of construction, repair, reconstruction, or

e e.

permanent construction of a building (including a manufactured home) on a site, such as the pouring of

Structure.A walled and roofed building, including gas or liquid storage tank that is principally above

Substantial damage.Damage of any origin sustained by a structure whereby the cost of restoring the

structure before the damage occurred.

This term includes structures which have incurred "substantial damage," regardless of the actual repair

when the first alteration of any wall, ceiling, floor, or other structural part of the building commences,

structure, provided that the alteration will not preclude the structure's continued designation as a historicstructure.

Substantially improved existing manufactured home parks or subdivisions.Where the repair,streets, utilities and pads equals or exceeds 50

percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement

Variance.A grant of relief from the requirements of this chapter.

Violation.The failure of a structure or other site development to be fullyrequirements of this chapter. A structure or other development without the elevation certificate, other

(Ord. No. 12 06, § 1, 2 13 12)

Sec. 152.05. General provisions.

within -the jurisdiction of this city.

(b)--Basisfor establishing the areas of special flood hazard.The ar s of special flood hazard identifiedby the. Federal Emergency Management Agency in the Flood Insurance Study for St. Lucie County,

e and declared to be a part of this ela-ap•tec

(c) Establishmentofdevelopment pcrmit.A development permit shall be required in conformance withthc provisions of this chapter prior to the commencement of any development activities.

altered without full compliance with the terms of this chapter and other applicable regulations.

existing Basements, covenants, or deed restrictions. However, where this chapter and anotherordinance conflict or overlap, whichever imposes the most stringent restrictions shall prevail.

(f) 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

(Ord. No. 12 06, § 1, 2 13 12)

Cross reference Penalty, se section 152.99.

Sec. 152.06. Administration.

(a) Designationofthc floodplain administrator.The city engineer or their designee official is hereby

floodplain administrator.

Ae

administrator and/or building official on forms furnished by him or her prior to any site developmentactivities and may include, but not be limited to the following plans in duplicate drawn to scalc

proposed structures;

rthen fill; storage of materials or equipment; drainage facilities; and the

(1) Application stage-Floodpla-in-administrator:

t.tf.' at

all buildings;

b. Description of the extent to which any watercourse will be altered or relocated as a result oft et!: at e a .' tt aaaa

Application stage Building official:

fl-Ge4pr-e-efe-di

Ca. a.* aaa

floodproofed building will meet-the floodproofing criteria-of subsection 152.07(b)(2);

sclaimcr ofliability.The degree of flood protection- rewired by this chapter is

chapter shall not cr tc liability on the part of-this-city-or any officer or employedamage that results from reliance on this chapter or any administrative decision lawfully madehereunder.

(2) Construction stage.Upon placement of the lowest floor, or floodproofing by whatever

land surveyor or professional engineer and certified by same. When floodproofing is utilized fora particular building, said certification shall be prepared by or under the direct supervision of aprofessional engineer or architect and certified by same. Any work undo

corrected by the permit holder immediately and prior to further progressive work being permittedto proceed. Failure to submit the survey or failure to make said corrections required hereby,

ponsibilitics of the building official.Duties of the building official shall include, but not

(1) Require copies of additional Federal, State of Florida, or local permits, especially as they relate

Statutes, be submitted along with the development permit application and maintain such permits

(2) Verify and record the actual elevation (in relation to m n seal-level) of the lowest floor (AZones) or bottom of the lowest horizontal structural member of the lowest floor (V Zonc)-of-all

engineer or architect that the building is designed and securely anchored to adequately

(5) In coastal high hazard ar s, the building official shall review plans to ensure that if the area

the standards of this chapter._. 'Sete et

certification from a registered professional engineer or architect, in accordance with sectionee-

facilities, below the required elevation are watertight with walls substantially impermeable to-the-e

e

this chapter.

eee

this chapter. All records pertaining to the provisions of this chapter shall be maintained in theoffice of the building official and shall be open for public inspection.

(d)

Duties and responsibilities-of the floodplain administrator. Duties of the floodplain administrator shallinclude, but not be limited to the following:

(2) Require copies of additional federal, State of Florida,-or local permits, especially as they relate..

e

see

.._Statutes, be submitted along with the development permit application and maintain such permits

(3) Notify adjacent communities, the Florida Division of Emergency Management State FloodplainManagement Office, the South Florida Water Management District, the Federal Emergency

(5) Where interpretation is needed as to the exact location of boundaries of the ar s of specialflood hazard (for example, where there appears to be a conflict between a mapped boundary

(6) When base flood elevation data or floodway data has not been provided in accordance withsubsection 152.05(b), the floodplain administrator shall obtain, review and r sonably utilizeany base flood elevation and floodway data available from a federal, state or other source, inorder to administer the provisions of section 152.07.

(7) Notify FEMA within (6) months when new technical or scientific data becomes available to thecommunity concerning physi__

ooding conditions so that risk premium rates

(e) Variance procedures.Variance procedures shall be as follows:

requirements of this chapter.

administrator in the enforcement or administration of this chapter.

(3) Variances may be issued for the repair or rehabilitation of historic structures (see section152.04 for definition) upon a determination that the proposed repair or rehabilitation will not

_ . _

As-

_ _ -„ignation as a historic structure and the variance is theminimum to preserve the historic character and design of the structure.

(4) In passing upon such applications, the city council shall consider all technical evaluations, all

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of

d. The importance of the services provided by the proposed facility to the community;

c. The necessity of the facility to a waterfront location, in the case of-a-functionally dependentfacility:

f. The availability of alternative locations, not subject to flooding or erosion damage, for thenos ed u se;

g. The compatibility of the proposed use with existing and anticipated development;

h. The relationship of the proposed use to the comprehensive plan and Floodplain

The safety of access to the property in times of flood for ordinary and emergency vehicles;

n.

Tae costs of providing governmental services during and after flood conditions includinge-e

water systems, and streets and bridges:

(5) Upon consideration of the factors listed above, and the purposes of this chapter

^ite-e

the purposes of this chapter.

(6) Variances shall not be issued within any designated floodway if any incrgase in flood levelsduring the base flood discharge would result.

(7) Conditions for variances. Conditions for variances shall be as follows:

a. Variances shall only be issued upon a dctcrmination that the variance is the minimum

b. Variances shall only be issued upon a showing of good and sufficient cause; a

fraud on or victimization of the public, or conflict with existing local laws or ordinances.

c. Any applicant to whom a variance is granted shall be given written notice specifying the

built and stating that the cost of flood insurance will be commensurate with the incr sed

request.

(8) Variances shall not be issued by a community within any designated regulatory floodway if anyincr sc in flood levels during the base flood discharge would result.

(Ord. No. 12 06, § 1, 2 13 12)

Cross reference Penalty, see section 152.99.

Sec. 152.07. Provisions for flood hazard reduction.

(1) New construction and substantial improvements shall be designed or modified and adequately

requirements for resisting wind forces.

(3) New construction and substantial improvements shall be constructed with materials and utility

{^) New construction or substantial improvements shall be constructed by methods and practices

including duct work, shall be designed and/or located so as to prevent water from entering or

see

(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminateeee

(8) On site waste disposal systems shall be located and constructed to avoid impairment to thornor contamination from the

(10) Any alteration, repair, reconstruction or improvements to a building which is not in compliancewith the provisions of this chapter shall be undertaken only if said nonconformity is not

(11) All necessary permits from those governmental agencies from which approval is required by

in sections 152.04 or 152.06, the following provisions, in addition to those specified in section 152.07I..

(1) Residential construction. New construction and substantial improvement of any residentialbuilding (or manufactured home) shall have the lowest floor, including basement, elevated no

(0) Anyalteration, repair, reconstruction or improvements t•

used to elevate a structure, openings sufficient to facilitate the automatic equalization of0 O. 0 .'0

152.06(b)(3).

(2) Nonresidential construction. New construction and substantial improvement of any commercial,industrial, or nonresidential building (or manufactured home) shall have the lowest floor,including basement, elevated no lower than one foot above the level of the base flood elevation.

areas of the building below the required elevation are watertight with walls substantially

satisfied. Such certification shall be provided to the building official as set forth in section 152.06

(3) Elevated buildings.New construction and substantial improvements that include fully enclosedareas formed by foundation and other exterior walls below the base flood elevation shall bedesigned to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

a. Designs for complying with this requirement must either be certified by a professionalengineer or architect or meet or exceed the following minimum criteria:

square inch for every square foot of enclosed ar

0'

e

automatic flow of flood waters in both directions.

b. Access to the enclosed area shall be the minimum necessary to allow for parking of_0- 000

a. All manufactured homes placed, or substantially improved, within Zones Al 30, AH andAE, on individual lots or parcels, in expansions to existing manufactured home parks orsubdivisions, in an existing manufactured home-park -- or -subdivision on which amanufactured home has incurred "substantial damage" as the result of a flood, or insubstantially improved manufactured home parks or subdivisions, must meet all the

collapse and lateral movement.

b. All manufactured homes placed or substantially improved in an existing manufacturedhome park must be elevated so that:

2. The manufactured home chassis is supported by reinforced piers or other foundation

height above grade.

3. The manufactured home must be securely anchored to the adequately anchored

1. Be on site for fewer than 180 consecutive days,

2. Be fully licensed and r dy for highway use; or

3. The recrq,ational vehicle must meet all the requirements for new construction,including anchoring and elevation requirements, of subsections 152.07(b)(4)a. and152.07(b)('I )b.

site only by quick disconnect type utilities and security devices and has nopermanently attached structures.

(5) Adequate drainage paths around structures shall be provided on slopes to guide water awayfrom structures within Zones

H.

where str ms exist for which base flood elevation data has been provided by the Federal

through (5), shall apply:

and

rooms.

e 0.

a. Until a regulatory floodway is designated, no new construction, substantial improvements,

hazard, unless it is demonstrated that the cumulative effect of the proposed development,

water surface elevation of the base flood more than onecommunity.

(7) Floodways.Located within ar s of special flood hazard established in section 152.05, arcareas-designated as4teodways--Since-the-fieodway is an extremely hazardous-area-due-to-thevelocity of flood waters which carry debris, potential projectiles and has erosion potential, thefollowing provisions shall apply:

a Encroachments, including fill, new construction, substantial improvements and otherdevelopments shall be prohibited unless certification (with sregistered professional engineer-is provided demonstrating that encroachments shall notresult in any increase in flood levels during occurrence of the base flood discharge;

b. If subsection 152.07(b)(5)a. is satisfied, all new construction and substantial improvementsshall comply with all applicable flood hazard reduction provisions of se ction 1-52

c. The placement of manufactured homes (mobile homes) shall be prohibited, except in anexisting manufactured home (mobile home) park or subdivision. A replacement

subdivision provided the anchoring standards of subsection 152.07(a)(2); the elevation

(Ord. No. 12 06, § 1, 2 13 12)

Cross reference Penalty, see section 152.99.

Sec. 152.08. Standards for str ams with established base flood elevations but without regulatory

floodways.

Located within the ar as of special flood hazard established in subsection 152.05(b), whore streamseee e..

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ys, the following provisions in addition to those specified in subsection 152.07(a) andsection 152.00, apply:

base flood more than one (1) foot at any point within the community. The engineeringcertification should be supported by technical data that conforms to standard hydraulic

elevations established in accordance with subsection 152.06(c)(11).

(Ord. No. 12 06, § 1, 2 13 12)

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Sec. 152.09. Standards for subdivision proposals and other proposed new development.

{a) All subdivision proposals and other proposed new developme

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systems located and constructed to minimize flood damage.

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parks or subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.

Cross reference Penalty, see section 152.99.

the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number isspecified, the lowest floor, including basement, shall be elevated at I st two feet above thehighest adjacent grade.

{b) All new construction and substantial improvements of nonresidential buildings shall:

{1) Have the lowest floor, including basement, elevated to at I st as high a^ +^ depthnumber specified on the flood insurance rate map, in foot, above the highest adjacent

(2) Together with attendant-utility and sanitary facilities be completely floodproofed to or

of resisting hydrodynamic loads and effects of buoyancy.

Cross reference Penalty, se section 152.99.

Sec. 152.11. Specific standards for A Zones without base flood elevations and regulatory floodways.

Located within the areas of special flood hazard established in section 152.05 (b), where there existeee

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` -S-tandard-s of section-152-.07(a):

(b) All new subdivision proposals and other proposed developments (including proposals-for

lesser, shall include within such proposals base flood elevation data.

(c) The building official and/or floodplain administrator shall obtain, review, and reasonably utilizeany base flood elevation and floodway data available from a Federal, Statc of Florida, or anyother source, in order to administer the provisions of this ordinance. When such data is utilized,provisions of section 152.07 (b) shall apply. The building official and/or floodplain administratorshall:

a-

basement) of all new and substantially improved structures;

(2) Obtain, if the structure has been floodproofed in accordance with the requirements of

structure has been flood proofed; and

(3) Maintain a record of all such information.

(d) The floodplain administrator shall notify, in riverinc situations, adjacent communities, theFlorida Division of Emergency Management State Floodplain Management Office, and the

and submit copies of such notifications to FEMA.

(e) The floodplain administrator shall assure that the flood carrying capacity within the altered or

practices that minimize flood damage. They must be elevated and anchored to prevent flotation,collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use

•

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ties to ground anchors. This requirement is in addition to applicable

subsection 152.11(b) of this chapter, the lowest floor of the structure shall be elevated to no

forth in section 152.07 (b) shall apply.

(Ord. No. 12 06, § 1, 2 13 12)

(1) Meet the standards of subsection 152.06(b), and sections 152.07(a) and (b); 152.10, and152.11.

(2) All new construction and substantial improvementshall be elevated on pilings or columns so that:

a. The bottom of the lowest horizontal structural member of the lowest floor (excluding thepilings or columns) is elevated to no lower than the base flood elevation plus freeboard

b. The pile or column foundation and structure attached thereto is anchored to resist flotation,dollapse, and lateral movement due to the effects of wind and water loads actingsimultaneously on all building components. Water loading will be those values associatedwith the base flood. Wind loading values will be those required by applicable State--efFlorida or local, if more stringent than those of the State of Florida, building standards.

c. For all structures located seaward of the coastal construction control line (CCCL), thebottom of the lowest horizontal structural member of the lowest floor of all new construction

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ver is the higher.

provisions of this section.

(4) Obtain thc elevation (in relation to m n s level) of the bottom of the lowest horizontal

such information.

moan h ig h tide

(6) Provide that all new construction and substantial improvements have thc space below thelowest floor either free of obstruction or constructed with non-supporting breakaway walls, openwood lattice work, or insect screening intended to collapse under wind and water loads-with-out

a. Breakaway wall collapse shall result from water load less than that which would occur

b. The elevated portion of the building and supporting foundation system shall not be subjectto collapse, displacement, or other structural damage due to the effects of wind and water

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values shall be those required by applicable Florida or local, if more stringent than those ofthe State of Florida, building standards.

storage. Such space shall not be finished, partitioned into multiple rooms, or temperaturemod.

(7) Prohibit the use of fill for structural support. No development permit shall be issued for

appropriate engineering analyses that the subject fill does not cause any adverse impacts to thestructurc on site or other properties.

(8) Prohibit man made alteration of sand dunes and mangrove stand-shat would incrqasopotential flood damage.

(9) Standards for manufactured homes.

a. All manufactured homes to be placed or substantially improved on sites:

(i) Outside a manufactured home park or subdivision;

(ii) In a new manufactured home park or subdivision;

(iii) In an expansion to an existing manufactured home park or subdivision; or

{iv) In an existing manufactured home park or subdivision in which a manufactured home

b. All manufactured homes placed or substantially improved on other sites in an existing•• _ • . _ _ . - - • e •• - e _

e subdivision shall meet the requirements of subsection152.07(b)('1)b.

{10) Rccr tional vehicles placed on sites within Zones VE, V1 V30, V (with base flood elevation) onthe FIRM either:

a. Bc on the site for fewer than 180 consecutive days;

b. Be fully licensed and r dy for highway use (on its wheels or jacking system, is attached tothe site only by quick disconnect type utilities and security devices, and has no

c. Meet the requirements of subs

is higher. All non elevation design requirements sub-

Hqalth, in coastal high hazard ar

the development permit shall-be-- issu.OC el .

"0

water surface elevation of the base flood nor cause any adverse impacts to the structure on siteor other properties by wave ramping or deflectien:

(Ord. No. 12 06, § 1, 2 13 12)

Sec. 152.99. Penalty.

exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply withany of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned fornot more than ten days, or both, 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

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violation.

(Ord. No. 12 06, § 1, 2 13 1'))