DSAC Agenda 10/02/2013 2013 Development
Services Advisory
Committee
Agenda
October 2 , 2013
DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
October 2, 2013
3:00 p.m.
Conference Room 610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts
the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and
hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the
Chairman, and speak into a microphone. State your name and affiliation before commenting. During
discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room
to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules
of Order,and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the
Hearing Reporter can record all statements being made.
I. Call to Order-Chairman
II. Approval of Agenda
III. Approval of Minutes from September 4,2013
IV. Public Speakers
V. Staff Announcements/Updates
A. Code Enforcement Department update—[Jeff Wright]
B. Public Utilities Division update—[Nathan Beals or Tom Chmelik]
C. Growth Management Division/Transportation Engineering and/or Planning—[Jay Ahmad and/or Reed Jarvi]
D. Fire Review update—[Ed Riley]
E. Growth Management Division/Planning &Regulation update—[Jamie French]
VI. New Business
A. ROW permit review& Inspection dept., staff level, expected review goals, average#of inspections a day
[Bill Varian]
B. Review& approve the updates to the Utilities Standards Manual [Nathan Beals]
VII. Old Business
A. Update on the Architectural and Site Design Standards Ad Hoc Committee [Mike Bosi]
B. Presentation of the Current version of the proposed 2010 BCD compliant Flood Damage
Prevention Ordinance[Bill Lorenz]
VIII. Committee Member Comments
A. Discuss moving the January meeting to the 8`h, due to the Holiday.
B. Discuss committee member expirations and to re-apply if interested.
IX. Adjourn
Next Meeting Dates
November 6, 2013 GMD Conference Room 610—3:00 pm
December 4, 2013 GMD Conference Room 610—3:00 pm
January??
February 5, 2014 GMD Conference Room 610—3:00 pm
March 5, 2014 GMD Conference Room 610—3:00 pm
April 2, 2014 GMD Conference Room 610—3:00 pm
September 4, 2013
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, September 4, 2013
LET IT BE REMEMBERED, the Collier County Development Services Advisory
Committee in and for the County of Collier, having conducted business herein, met on
this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth
Management Division Building, Conference Room #609/610, 2800 N. Horseshoe Drive,
Naples, Florida, with the following members present:
Vice Chairman: David Dunnavant
Clay Brooker
Dalas Disney
Blair Foley
Robert Mulhere
Mario Valle
Stan Chrzanowski
Eleanor Taft
Norman Gentry
Ron Waldrop
Laura Spurgeon DeJohn
Marco Espinar
Excused: William J. Varian
James Boughton
Chris Mitchell
ALSO PRESENT: Nick Casalanguida, Administrator, Growth Management Division
Jamie French, Director, Operations & Regulatory Management
Bill Lorenz, Director, Natural Resources
Judy Puig, Operations Analyst, Staff Liaison
Reed Jarvi, Manager, Transportation Planning
Nathan Beals, Project Manager, Public Utilities
Caroline Cilek, M.S., Senior Planner, LDC Coordinator
Jack McKenna, County Engineer
Jeff Wright, Code Enforcement
Ed Riley, Fire Code Official
Robert Wiley, Floodplain Management Planning
1
September 4, 2013
I. Call to Order- Chairman
Vice Chairman Dunnavant called the meeting to order at 3:00pm
II. Approval of Agenda
Mr. Disney moved to approve the Agenda. Second by Mr. Foley. Carried unanimously 10- 0.
III. Approval of Minutes from July 10, 2013 Meeting
Mr. Foley moved to approve the minutes of the July 10, 2013 meeting as subject to the following
change:
• Page 3, item VIB , line 1 —from "City view"to "City View"
Second by Mr. Valle. Carried unanimously 10- 0.
Ms. DeJohn arrived at 3:05pm
Ms. Taft arrived at 3:07pm
IV. Report from the Administrator
A. Handling& distribution of blueprints [Nick Casalanguida]
Mr. Casalanguida reported a citizen requested he notify the Committee a set of architectural
house plans submitted to the County for the purposes of obtaining building permits was
duplicated by another party. He suggested the Committee review the issue to determine if any
steps may be taken to prevent this action in the future.
Committee discussion occurred noting the issue is a civil matter and the plans are a matter of
public record. An individual may choose to protect their designs by obtaining copyrights on
their design plans.
V. Public Speakers
None
VI. Staff Announcements/Updates
A. Code Enforcement Department update— [Jeff Wright]
The Committee reviewed the "Code Enforcement Weekly Report 08/19-25/2013 and DSAC
Report" submitted by Danny Condomina via and August 28, 2013 email.
Jeff Wright, Code Enforcement Director reported the Department will be recommending a
change in the Land Development Code to define "transient housing"to housing rentals for a
period of 6 months or less.
B. Public Utilities Division update— [Nathan Beals or Tom Chmelik]
Mr. Beals reported the Utility Subcommittee has met 2 times since the last DSAC meeting in an
effort to update to utility design standards.
The Committee requested Staff to:
1. Provide a copy of the minutes of the meetings to all members.
2. Provide a summary of any proposed changes including the rationale for each change and
the related financial implications.
2
September 4, 2013
C. Growth Management Division/Transportation Engineering and/or Planning— [Jay Ahmad
and/or Reed Jarvi]
Reed Jarvi reported:
• White Blvd. Bridge—completed.
• Davis Boulevard/Collier Boulevard Improvement Project—anticipated to be completed
ahead of schedule in the late fall of 2013.
• US41/Collier Blvd. Intersection—Bids received and under review, construction
anticipated to initiate in November/December.
• US41 Collier Blvd. to Greenway Rd. improvements—Bid package to be released in
October/November.
• Pine Ridge Road/US 41 intersection westbound—proposed lane realignment and
drainage improvements.
• Vanderbilt Beach Rd./Mercado—Traffic signal proposed.
• Randall Blvd. and Immokalee Rd. improvements—permitting, design and engineering
underway.
• Staff continues to review the criteria for developers who propose to transfer control of
road and drainage infrastructure to the County.
He provided the handout"Alternatives Workshop" and reported a Workshop will be held on
October 17, 2013 at 5:30pm to discuss the SR29 alternatives.
The Committee reviewed the alternate routes proposed and it was noted the improvements are
anticipated in approximately 5 years.
D. Fire Review update— [Ed Riley]
Ed Riley, Fire Code Official submitted the documents "Office of the Fire Code Official—
Summary of Plan Review Activity—June— 13 and July— 13" and "Fire Plan Review— Time
Frame Summary—June 13 and July— 13" for information purposes. He reported he has
received approval to hire an additional Staff person to conduct plan reviews.
E. Growth Management Division/Planning& Regulation update— [Jamie French]
Jamie French submitted the "August 2013 Monthly Statistics" which outlined the building plan
review activities. He reported on the following personnel changes: John Walsh - Chief Building
Official, Rich Long-Manager of Inspections and John Cosmo—Chief Electrical Inspector, Matt
McLean, Principal Project Manager
VII. New Business
A. Recommendation of the DSAC/LDR-Administrative Code-full DSAC vote requested
[Caroline Cilek]
Caroline Cilek provided a Memo dated Tuesday August 20, 2013 —Subject: "Administrative
Code and Corresponding LDC Amendment Review" and document "DSAC LDC Subcommittee
—Administrative Code Review—Recommendations for Administrative Code and Corresponding
LDC Amendments, Wednesday July 31, 2013. "
She noted:
• The Subcommittee met 5 times to review the proposed "Collier County Land
Development Code -Administrative Code" (The Code).
3
September 4, 2013
• The purpose of The Code is to create a user friendly document outlining the procedural
requirements for many land development applications.
• The work also included recommending proposed Land Development Code Amendments
as necessary.
• Once adopted, The Code may be amended if necessary.
Mr. Brooker provided an overview of the Subcommittees work noting"The Code" will be a
vast improvement over the current documents available as it removes the procedural process out
of the Land Development Code so an applicant has a more user friendly reference guide on the
requirements for submitting land development applications.
The Committee viewed The Code via a real time example on the visualizer with examples on
how an individual may utilize the document.
Ms. Cilek requested a recommendation from the Committee.
Mr. Foley moved to recommend the Board of County Commissioners adopt the "Collier
County Land Development Code-Administrative Code"as presented including incorporation
of the Subcommittee recommendations outlined in the July 31, 2013 document referenced
above. Second by Mr. Mulhere. Carried unanimously 12—0.
VIII. Old Business
A. Contractor Licensing update [Mike Ossorio]
This item was continued.
B. Discussion of the Flood Damage Prevention Ordinance [Robert Wiley]
Bill Lorenz and Robert Wiley provided an update noting:
• The County is revising the Flood Damage Prevention Ordinance in order to incorporate
the Florida Building Code requirements into the Ordinance.
• Options include adopting the States Model Ordinance as a minimum standard, or
ascertaining approval from the State to allow the County to incorporate certain language
from the current County Ordinance into the "Model Ordinance" and adopt a modified
Model Ordinance.
• If the requests for modifications are denied, the County intends to adopt the Model
Ordinance as written.
• If the County adopts the Model Ordinance as written, the County may choose to amend it
in the future or incorporate any other standards as necessary into the Land Development
Code.
• The proposed Ordinance is intended to be heard by the Board of County Commissioners
on October 24, 2013.
Committee discussion occurred on
• Clarification on the agencies requesting the Ordinance be adopted.
• The status of the study being performed by Atkins of North America, Inc. regarding the
impacts on the County for the recently adopted floodplain maps.
4
September 4, 2013
• The status of the request from the County Attorney's Office on the ramifications of
delaying adoption of a revised Ordinance until the study is completed and analyzed by
the County.
• The status of the County's standing in the National Flood Insurance Program.
Staff reported:
1. The adoption of a proposed Ordinance is at the direction of the Florida Division of
Emergency Management, Bureau of Mitigation, Floodplain Management Office.
2. The County has an Ordinance approved by the National Flood Insurance Program so
there is currently no risk of being removed from the Program.
3. The County Attorney's Office has not responded to the Committee's request on outlining
the ramifications of delaying adoption of an Ordinance until the Atkins study is
completed an analyzed by the County.
Ms. DeJohn left at 4:40pm
The Committee requested Staff to provide a copy of the proposed Ordinance at the next
meeting for review and ascertain the County Attorneys opinion on the risks of delaying
adoption of a new Ordinance.
IX. Committee Member Comments
The Committee requested Staff to provide an update on the status of the Architectural Standards
Review Committee at the next meeting.
X. Next Meeting Dates
October 2, 2013 GMD Conference Room 610—3:00 pm
November 6, 2013 GMD Conference Room 610—3:00 pm
December 4,2013 GMD Conference Room 610—3:00 pm
There being no further business for the good of the County,the meeting was adjourned by the
order of the Chair at 4:53 PM.
COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE
Vice Chairman,David Dunnavant
These Minutes were approved by the Board/Chairman on
as presented , or as amended
5
Office of the Fire Code Official
Summary of Plan Review Activity
August-13
Architectural Reviews 726
Sprinkler Reviews 64
Underground Reviews 25
Fuel&LP Gas Reviews 7
Hoods&FSUP Reviews 12
Alarm Reviews 117
SDP Reviews 54
Total#of Plans Reviewed 1005
Number of Work Days 22
Average#of Plans Reviewed per Day 46
ASAP Reviews per Building Department: 3 Architectural
1 Fire Sprinkler
37 AC Change Outs
27 Low Voltage
Total#of ASAP Reviews*: 68
Total ASAP Reviews per Day 3
*Overtime Reviews are not included in this figure
Scheduled Meetings/Hours: Ed: 22.00 Hrs.
Bob: 30.00 Hrs.
Jackie: 2.00 Hrs.
Ricco: 26.24 Hrs.
Maggie: 5.75 Hrs.
Classes and Seminars attended by FCO: Participant
None
Total Overtime Hours for the Fire Code Office - 57
*Overtime Hours Reimbursed by Contractors - 62 (31 Reviews)
Training Room Usage Summary
Meetings: Agency Meeting Type #of Hours #of Participants
8/2 Fire Districts CFAS 1 16
8/9 ENFD Pension 4.5 10
8/13 ENFD Board 4 40
8/15 CCFMA FALR Committee 1 10
8/15 CCFMA FSPK Committee 1 4
8/27 ENFD Special Board 0.5 20
8/28 CBIA Joint meeting 1 13
In addition to the above-mentioned tasks,The Fire Code Official's Office fields
numerous phone calls,walk-ins,field inspections and impromptu meetings.
Office of the Fire Code Official
2700 N.Horseshoe Dr.
Naples,FL 34104
Fire Plan Review-Time Frame Summary
August-13
Number Number Average #of %of Percentages
of of Time in Reviews Reviews Within Time
Reviews Days Days Approved Approved Frames
Architectural Reviews
Total 726 4690 6.46
1st Review 532 4428 8.32 453 85% 46/10 Days 20 Day Max
2nd Review 157 217 1.38 140 89% 94/3 Days
3rd Review 33 40 1.21 32 97% 97/3 Days
4th Review 4 5 1.25 4 100% 100/3 Days
Total 2-4 Reviews 194 262 1.35 176 91% 95/3 Days 9 Day Max
Fire Sprinkler Reviews
Total 64 294 4.59
1st Review 44 249 5.66 34 77% 100/10 Days 7 Day Max
2nd Review 15 32 2.13 11 73% 100/3 Days
3rd Review 5 13 2.60 4 80% 80/3 Days
Total 2-3 Reviews 20 45 2.25 15 75% 95/3 Days 4 Day Max
Underground Reviews
Total 25 112 4.48
1st Review 23 107 4.65 21 91% 100/10 Days 8 Day Max
2nd Review 2 5 2.50 1 50% 100/3 Days
Total 2nd Review 2 5 2.50 1 50% 100/3 Days 3 Day Max
Fuel&LP Gas Reviews
Total 7 19 2.71
1st Review 4 13 3.25 4 100% 100/10 Days 6 Day Max
2nd Review 2 5 2.50 2 100% 0/3 Days
3rd Review 1 1 1.00 1 100% 100/3 Days
Total 2-3 Reviews 3 6 2.00 3 100% 33/3 Days 4 Day Max
Hood&FSUP Reviews
Total 12 42 3.50
1st Review 5 30 6.00 0 0% 100/10 Days 7 Day Max
2nd Review 4 6 1.50 2 50% 100/3 Days
3rd Review 3 6 2.00 3 100% 100/3 Days
Total 2-3 Reviews 7 12 1.71 5 71% 100/3 Days 2 Day Max
Fire Alarm Reviews
Total 117 511 4.37
1st Review 87 472 5.43 65 75% 100/10 Days 7 Day Max
2nd Review 26 31 1.24 21 84% 96/3 Days
3rd Review 1 1 1.00 1 100% 100/3 Days
4th Review 3 6 2.00 2 67% 100/3 Days
5th Review 1 1 1.00 1 100% 100/3 Days
Total 2-5 Reviews 30 39 1.30 25 83% 97/3 Days 4 Day Max
Summary
1st Review 695 5299 7.62 577 83% 58/10 Days
2nd Review 205 296 1.44 177 86%
3rd Review 43 61 1.42 41 95%
4th Review 7 11 1.57 6 86%
5th Review 1 1 1.00 1 100%
Total 2-5 Reviews 256 369 1.44 224 88% 95/3 Days
Overal Totals 951 5668 5.96 801 84%
Office of the Foe Code Official
2700 N.Horseshoe Dr.
Naples.FL 34104
Collier County Code Enforcement Department
Blight Prevention Program
Cumulative Code Enforcement statistics
11/2008—9/22/2013:
Total Abatement Costs Paid By Lenders(savings to taxpayers) $3,296,995.73
Total Violations Abated by Lenders 2,906
7/2009—9/22/2013:
Amount of Fines Waived (BCC, CEB, OSM) since July 2009 1 $ 13,327,207.11
Department Performance Statistics 1 Week 4 week Cumulative FY13
9/16-22/13 8/26/13-9/22/13
Abatement Costs Paid by Lenders $2,250.00 $5,235.00 $311,961.31
Violations Abated by Lenders 7 18 279
Number of Code Cases Opened 73 459 5,737
Number of Educational Patrols 93 369 4,408
Number of Code Case Property Inspections 450 1,955 20,546
Number of Cases Closed with Voluntary Compliance 58 260 2,820
Number of Community Meet and Greet events 3 6 64
Number of Community Clean-up Events 2 2 19
Number of vacant home sweeps 1 5 24
Code Enforcement Board and Special Magistrate Orders 0 43 484
Number of Liens Filed 19 101 793
Number of Nuisance Abatements Processed 14 78 1,003
Amount of Fines Waived (BCC, CEB, OSM) $0.00 $293,050.00 $4,872,847.39
New Bankruptcy Filing Notifications 1 12 46
Number of Bankruptcy Documents Received 38 151 503
Number of Cases Affected by Bankruptcy 45 Average 38 Average 41
Number of Requests for Property Payoff Requests 10 47 434
Number of Requests for Property Lien Searches 133 594 7,951
Number of Lien Searches Completed with Open Code 7 39 416
Cases
Number of Permits Issued: Garage Sale, Recreational 44 161 2,743
Vehicle
Number of Citations processed from DAS, PU, PR, SO, & 136 355 5,500
CE
Average Time from Complaint to Completion of Initial 2 2 2
Inspection
Average Number of Code Cases Per Investigator 36 37 35
For period of:9/16-22/2013
Open Cases by District
Golden Gate—212
East Naples—182
Immokalee—148
Golden Gate Estates—224
North Naples—172
Total Open Cases—938
Report by Case Type
Animal—1
Accessory Use-0
Land Use-7
Noise—4
Nuisance Abatement—30
Occupational License—0
Parking Enforcement- 1
Property Maintenance—9
Right of Way- 1
Sign—1
Site Development—9
Snipe Sign-0
Vehicle—4
Vehicle for Hire-3
Vegetation Removal—3
Total-73
Complaint Reported by:
1 Week 4 Week Since BCC policy 3/12/13
9/16-22/13 8/26/13-9/22/13
Elected Official 1 7 117
Anonymous accepted 0 2 14
Anonymous not accepted 13 56 396
pursuant to BCC policy
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Proposed Revision to Section 1, Design Criteria
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 1, Design Criteria, Page 1, text revisions in Part 1
PART 1 POTABLE WATER AND NON-POTABLE IRRIGATION WATER SYSTEMS
All potable water, non-potable irrigation (including reclaimed or reuse)water and raw water pipe,
material, equipment and appurtenances shall be new, and shall conform to Section 2, Technical
Specifications and Section 3, Utilities Detail Drawings.
All material and equipment designed or used in connection with a potable (drinking) water
system shall conform to the requirements of the National Sanitation Foundation (NSF) Standard
61, "Drinking Water System Components — Health Effects-" and the Reduction of Lead in
Drinking Water Act amending the Safe Drinking Water Act.
Page 2 of 42
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Proposed Revision to Section 1, Design Criteria
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in strike through.
Section 1, Design Criteria, Page 4, text revisions in 1.2.1
1.2 Design of Pipeline Size and Location
1.2.1 Water Pipeline Sizing Criteria
All water mains to be maintained by the COUNTY shall be a minimum of six inches (6") in
diameter. For dead end mains on short (300' or less) single family residential cul-de-sacs,
hydraulic calculations shall show the capability of maintaining 750—g-pm required fire flow
(according to NFPA 1) plus potable demand.
Water systems shall be designed to maintain adequate flows and pressures and water quality
standards as established by Florida Department of Environmental Protection (FDEP), using the
following criteria:
A. Designs shall assume a minimum COUNTY source pressure under peak hourly flow
conditions of 50 psi and a minimum COUNTY source pressure with fire flow under
maximum day conditions of 40 psi, delivered from the closest COUNTY transmission
main to the project. Minimum residual node pressure within a proposed project system
shall be 20 psi under peak hourly flow and maximum day with fire flow conditions.
B. The design Engineer shall model the proposed system, including all dead ends, for
chlorine dissipation assuming a chloramine residual of 2.0 mg/I at the entrance point to
the project.
The following criteria shall be used to analyze model chloramine dissipation unless otherwise
approved by the Public Utilities Water Director upon the submittal of specific case data:
a) Occupancy of fifty porcont (50%) to account for soasonal variat'
at)) Average occupancy per dwelling of 2.0 1.81 for singlo family and 1.12 for multi family ac
- _ - __ _ - _ _ __ and adjusted for peak with a factoro.--T2 in
accordance with the 10 State Standards shall be used when modeling system performance.
be) Consumption rate of 170 gallons per capita per day shall be used when establishing
loading rates for system performance models.
ca) The standard decay rate is - 0.012 ppm per hour. The analysis assumes a static
chlorine level of 2.0 ppm at the tapping point in front of a project. Using the decay rate and
solving for the elapsed time from the initial chlorine level to the minimum chlorine level residual
of 0.6 ppm in the following: 0.6 ppm = 2.0 ppm x e(-1=0.012 ppm x #hours) time = 100.33
hours.
The Project Engineer shall submit an analysis letter to -_----- - - _ - ----_- _ -
the Growth Management Division as part of the review package,
certifying that all points within the proposed system shall maintain a minimum level of 0.6 mg/I
chlorine/chloramine residual under the conditions listed above.
Page 15 of 42
Systems unable to meet minimum design requirements or maintain minimum chlorine residual
levels shall not be eligible for ownership and maintenance by the COUNTY.
Water mains not designed to carry fire flows shall not have fire hydrants connected to them.
Page 16 of 42
Proposed Revision to Section 1, Design Criteria
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 1, Design Criteria, Page 4, text revisions in 1.2.4
1.2 Design of Pipeline Size and Location
1.2.4 Valve Locations
Valves shall be provided at all intersections and branches in sufficient numbers as to allow for
zone isolation of distribution areas in order to limit impacts of line breaks and service disruptions
to customers. In-line gate valves shall be provided in accordance with AWWA requirements
and at no greater than one thousand foot (1000') intervals when no other valves exist within
internal distribution systems. All gate valves twenty inches (20") and smaller shall be of the
resilient-seated wedge type, conforming to AWWA C509 or C515, or latest revisions thereof.
All gate valves or plug valves thirty inches (30") or larger shall have a concrete slab
placed under the valve to help distribute the total weight of the valve and reduce line
sagging. See Technical Specifications 331200 2.3.A. All valves shall be furnished with valve
boxes extending to finished grade as shown in the Utilities Detail Drawings (G-7).
Page 17 of 42
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 2, Technical Specifications, 331200 "Water Valves and Appurtenances", Pages
2-3, text revisions in 2.3.A.
2.3 DESIGN
A. Resilient, Wedge or Gate Valves and Boxes
1. Valves for pipe less than 2 inches in diameter shall conform to the
requirements of AVVVVA C509 or C515 (latest revisions) and shall be cast
iron, single wedge, non-rising stem, screwed bonnet, 125 pounds S.P., 200
pounds W.O.G with stuffing box repackable under pressure and all parts
renewable. Ends shall be as shown or indicated on the drawings. For
approved air release line valves, bacterial sampling station line valves, curb
stops, corporation stops, and ball valves see County Approved Product
List, Appendix F.
2. Resilient, wedge or gate valves 2 inches in diameter and larger shall be cast
or ductile iron body, non-rising stem, bronze mounted gate valves,
mechanical joint conforming to requirements of the AWWA Standard C509
or C515 and shall be provided with a 2 inch square operating nut with the
word "open" and an arrow cast in the metal to indicate direction. Valves
shall be vertical resilient, wedge, or gate type and shall turn to the left
(counter clockwise) to open. The wedge or gate shall be cast iron or ductile
iron per ASTM A536, minimum 65,000-psi strength and, completely
encapsulated with urethane rubber, permanently bonded to the wedge or
gate to meet ASTM test for rubber metal bond, ASTM 0429. The valve
stems for non-rising stem assemblies shall be cast bronze with integral
collars in full compliance with AVVVVA. OS & Y stems shall be on bronze bar
stock. The NRS stem stuffing box shall be the 0-ring seal type with two
rings located above thrust collar; the two rings shall be replaceable with
valve fully open and subjected to full rated working pressure. The minimum
safe working pressure shall be 200 psi. All gate valves or plug valves thirty
inches (30") or larger shall have a concrete slab placed under the valve to
help distribute the total weight of the valve and reduce line sagging. The
concrete slab shall have 6"x 6" 10/10 welded wire mash, have lifting eyes,
constructed using 3,000 psi concrete, be six inches (6") thick, and sized
according to the following table:
Page 18 of 42
VALVE LENGTH WIDTH
SIZE
30" 42" 30"
36" 48" 36"
42" 54" 42"
48"— 54" 60" 48"
60"—66" 78" 60"
3. There shall be two low torque thrust bearings located above and below
the stem collar. The stem nut shall be independent of wedge and shall
be made of solid bronze. There shall be a smooth unobstructed
waterway free of all pockets, cavities and depressions in the seat area.
The body and bonnet shall be coated with fusion-bonded epoxy both
interior and exterior. Each valve shall have the manufacturers name,
pressure rating and year manufactured cast on body. The valve shall be
designed and tested to be opened and closed under a differential
pressure of at least twice the working pressure.
Page 19 of 42
Proposed Revision to Section 1, Design Criteria
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 1, Design Criteria, Page 7, text revisions in 1.5
1.6 Connections to Collier County Facilities
Connections to existing COUNTY water mains shall be constructed as described in Section 2,
Technical Specifications and shown in Section 3, Utilities Detail Drawings. These details shall
apply to all connections to existing systems including, but not limited to, hot taps and extensions
from existing dead end systems. A section of pipe shall be inserted into the gap to connect the
new construction to the existing systems for the purpose of accomplishing line flushing_
Immediately upon completion of the flush, the connection shall be removed. TaA jumper shall
be installed (see detail W-4) until final connection is authorized by the County
Manager or designee and approved by the FDEP at the completion of construction and after
satisfactory completion of all test procedures, and bacterial clearance of the new water system
or portion(s)thereof.
Steam condensate, cooling water from engine jackets, or water used in conjunction with heat
exchangers shall not be returned to potable water mains.
Page 20 of 42
Proposed Revision to Section 1, Design Criteria
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 1, Design Criteria, Page 8, text revisions in 1.8
1.8 Concrete Collars
All gate valve boxes, air release assembly and permanent sample points outside paved
surfaces shall be provided with a concrete collar set to finish grade. Such collar(s) shall have a
minimum thickness of six inches (6") and the outside dimension of the pad and--tae
shall be as shown in the Utilities Detail Drawings. Concrete shall have minimum
compression strength of 3000 psi at twenty eight (28) days.
Page 21 of 42
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in strike through
Section 2, Technical Specifications, 330518 "Laying and Jointing Buried Pipe", Page 9,
text revisions in 3.2.N.2.
3.2 INSTALLATION
N. Valve Box Setting: Install valve boxes vertical and concentric with the valve stem.
2. Build a Fain#srsad collar, as shown in the standard details, 18 inches by 18
inches by 6 inches or 24 inch diameter round by 6 inches h
i
wtin h 2, #1u1
- -- - --- - - , flush to grade of top
of box. Similar collar shall be poured flush with grade and top of unpaved
areas.
Page 22 of 42
18- x 18. x 8- CONCRETE COLLAR 4.
' • SPECIFY LETTERING
AS .IRR-. SEWER",
't p OR -WATER',
DEPENDING ON USE
PLAN VIEW PROVIDE A 3- DIAMETER BRASS DISC
ANCHORED IN CONCRETE COLLAR
(WASTEWATER ONLY)
16" MAIN \ SIZE OF MAIN OR BYPASS
51 TURNS TO NUMBER OF TURNS TO OPEN
OPEN — C CW 1 DIRECTION TO TURN TO OPEN
DARLING CO / VALVE MANUFACTURER
1994 YEAR VALVE INSTALLED
NON PAVED AREAS PAVED AREAS
PROVIDE A 3' DIAMETER BRASS DISC
ANCHORED IN CONCRETE COLLAR 18- x 18- x B" CONCRETE COLLAR
FINISHED GRADE
FINISHED
PAVEMENT
ryry� }}
.1_ed?S! '+Y gilt wit_;f4_,7311 ZIV Z: f
reef��%/////%
VARIES S ��•�v�i�\ 0`-.��\�'�`t`A t
R TWO PIECE CAST IRON VALVE
��� BOX WITH DR 18 PVC PIPE
EXTENSION IF NEEDED (C—900
DR 14 PVC PIPE IN PAVED
AREAS). VALVE BOX OR PIPE
SHALL NOT BEAR ON VALVE
—II41`11 OR PRESSURE MAIN
II
PRESSURE MAIN
ALL VALVES USED IN WATER DISTRIBUTION
SYSTEMS SHALL BE OF THE RESILIENT SEAT
TYPE IN ACCORDANCE WITH AWWA C-515
REVISION DATE: - -- SHEET NO.
TYPICAL VALVE JUNE zols :c.. Y � G-7
SETTING DETAIL _—
NTS NTS PLIblic,UtilitiO.DIVI.u.....
Page 23 of 42
PAVED AREAS NON—PAVED AREAS
MJ RETAINER GLAND MJ TAPPED CAP
WITH RUBBER SEAL WITH HOSE BIBB
18" x 18" x 6" CONCRETE COLLAR EXTEND BLOWOFF 24°
ABOVE FINISHED GRADE 4--'
FINISHED PAVEMENT FINISHED GRADE
_�_._ _r'3. ems'V 11.-V- •' _ TC
=�T\ le---iv
GA E VALVE
(SEE NOTE 2)
VALVE BOX SHALL NOT BEAR
ON VALVE OR WATER MAIN A&
II - II
MJ RETAINER
GLANDS (TYP) MJ 45' BEND WITH MJ RETAINER
GLANDS (TYP)
SIDE VIEW
NOTES:
1. MJ TAPPED CAP WITH HOSE BIBB IS TO BE REMOVED AFTER
INITIAL BACTERIOLOGICAL CLEARANCE AND PRIOR TO WATER MAIN
ACCEPTANCE.
2. SEE TECHNICAL SPECIFICATIONS SECTION 331200 FOR GATE VALVE
AND VALVE BOX REQUIREMENTS.
3. ALL COMPONENTS THAT COME INTO CONTACT WITH DRINKING WATER
SHALL CONFORM TO NSF STANDARD 61.
TEMPORARY BLOWOFF REVISION DATE: SHEET NO.
JUNE 2013
ASSEMBLY WITH BACTERIAL was rt rst.41-$G"Y W— 1
SAMPLING POINT DETAIL NTs Fl .LittkG.va ae;�■
Page 24 of 42
AUTOMATIC FLUSHING
DEVICE (SEE COUNTY APPROVED
PRODUCT LIST. APPENDIX F)
z
AUTOMATIC 24" 3
18" x 18" x 6" FLUSHING MINIMUM 1
CONCRETE DEVICE BASE p
COLLAR
VALLEY #57 STONE
GUTTER 2" METER METER BOX
OR EDGE OF (INSTALLED BY COUNTY)
PAVEMENT M
#57 STONE 'I'
1
�r Ur -.I�. 6 MINIMUM
VALVE BOX SHALL NOT
BEAR ON VALVE OR I 24" 2" POLYETHYLENE
WATER MAIN I DIAMETER TUBING
2" CURB WITH
WATER MAIN VALVE BOX T8cP COVER
IIII. 2" POLYETHYLENE TUBING
MEGALUG MJ RETAINER
GLANDS (TYR)
LINE SIZE
GATE VALVE MJ TAPPED CAP WITH 2"
THREADED TAP
NOTES:
1. PIPING SHALL BE INSTALLED UP TO 2" CURB STOP WITH VALVE BOX AND
COVER AT TIME OF MAIN INSTALLATION.
2. AUTOMATIC FLUSHING DEVICE SHALL BE SHUT OFF UNTIL MAIN LINE HAS
BEEN BACTERIOLOGICALLY TESTED.
3. SEE TECHNICAL SPECIFICATIONS SECTION 331200 FOR GATE VALVE AND VALVE
BOX REQUIREMENTS.
4. AT TIME OF ACCEPTANCE, WATER DEPARTMENT WILL INSTALL 2" METER.
5. ALL COMPONENTS THAT COME INTO CONTACT WITH DRINKING WATER SHALL
CONFORM TO NSF STANDARD 61.
REVISION DATE: SHEET NO.
AUTOMATIC WATER MAIN JUNE 2013 Tree
FLUSHING DEVICE DETAIL " t. Ity W-2
NTS P°i.sl k•LIII1ittwv
Page 25 of 42
o N
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cn a ••!:'-� w
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REMOVABLE PVC
THREADED PLUG
AT PRELIMINARY EASEMENT. PROPERTY OR
UTILITY INSPECTION 1 RIGHT—OF—WAY LINE
TO BE LOWERED TO U
FINAL GRADE AT TIME
OF PLUMBER'S TIE—IN - - 12" MAXIMUM WITHIN
\\\\\\ IN RIGHT—OF—WAY LINE
-H
I
I NON—PAVED AREAS
ELECTRONIC MARKER IMREM[-�ME�
(SEE COUNTY APPROVED 18" x 18" x 6" CONCRETE
PRODUCT LIST, APPENDIX F) N COLLAR
PROVIDE CLEAN—OUT ON SEWER
LIMITS.LA RALSSAT PLANS IL1T EASEMENT 4•-• /\/� 34" EXPANSION
\/ JOINT AROUND CAP
FLUSH WITH SLAB
SEWER BRANCH WYE —\ 45' BEND
6" SANITARY LATERAL
Y FLOW d
��\ ��\ \\�/�
MINIMUM SLOPE
ELEVATION
REVISION DATE: SHEET NO.
SEWER CLEAN-OUT DETAIL JUNE 2013
NON PAVED AREAS '-��' ixaT` ovxr�x}! WW- 1 2
NTS F§,61K-:Clu7Naag:_N.�,,ac,:
Page 27 of 42
Item 4
Proposed Revision to Section 1. Design Criteria
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 1, Design Criteria, Pages 10, update sub-section 1.10
1.10 Laboratory Testing and Sample Collection
All new potable and raw water systems shall be subject to bacteriological sample collection and
testing. Sample collection and laboratory analyses shall be performed by COUNTY certified
laboratory technicians only. The Contractor or his agent shall provide the equipment required in
Section 2, Technical Specifications, to supply a continuous sample at the points indicated on the
engineer's construction drawings. Sample points having a one (1) day total of two hundred
(200) non-coliform bacteria or greater shall be considered as failed samples. Samples
containing one (1) coliform bacteria or greater shall be considered as a failed sample. All
potable water systems shall pass bacteriological tests within thirty (30) forty-five (46) days of
being placed in service.
Sample collection and sample laboratory analyses costs shall be borne by the developer. For
Utilities Capital Projects that are run by the COUNTY for the COUNTY, one set of tests
(including water costs) are provided by the COUNTY free of charge and the contractor shall pay
for any additional tests.
Page 28 of 42
Proposed Revision to Section 1, Design Criteria
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in str-i-ke--tlacia-iag-14.
Section 1, Design Criteria, Page 12, text revisions in 2.1.4
2.1 Gravity Sewer Systems
2.1.4 Gravity Sewer Laterals
Laterals shall be extended to the property line or easement limit for all installations.
Laterals shall be a minimum of six inches (6") in diameter. Lateral shall have a minimum depth
of thirty inches (30") and a maximum depth of forty-eight inches (48") below finished grade. In
locations where a minimum depth of thirty inches (30") cannot be provided, latorals chall bo
_ - _ _ _ _ ° _- _ -- laterals
shall be C900, DR 14 PVC pipe. At no time shall the depth of a lateral be less than twenty-four
inches (24"). At no time shall a lateral be core bored into manholes. Upon installation, all lateral
ends shall be plugged. A cleanout shall be provided at the end of each lateral prior to the end
plug. Typical lateral and cleanout standards are shown in the Utilities Detail Drawings. The
cleanout riser and cap shall be set twenty-four inches (24") above finished grade. All sewer
lateral ends shall be provided with an electronic marker (see County Approved Product List,
Appendix F). Electronic markers shall be placed twenty-four inches (24") below final grade at
the cleanout, for COUNTY inspector to see during final plumbing tie-in inspection. At no time
shall the connection to the lateral be made to the cleanout riser or any part of the vertical
assembly. Either a single six inch (6") diameter or larger lateral to each property or a single six
inch (6") or larger lateral with a double wye shall be provided.
Page 29 of 42
Proposed Revision to Section 1, Design Criteria
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 1, Design Criteria, Page 12, text revisions in 2.1.5
2.1 Gravity Sewer Systems
2.1.5 Manholes
Precast concrete mManholes shall be installed at the end of each wastewater main, at all
changes in grade, size, or horizontal alignment, and at all main pipe intersections, shall be
spaced at distances not greater than four hundred feet (400') and shall be placed in roads. For
sanitary sewers with a diameter greater than fifteen inches (15"), the recommended maximum
distance between manholes is four hundred fifty feet (450'). All gravity collection mains shall
terminate in a precast concrete manhole.
Minimum inside diameter of all manholes shall be four feet (4'). A drop pipe shall be provided
for a sewer entering a manhole at an elevation of twenty-four inches (24") or more above the
manhole invert. Drop manholes shall be constructed with an outside drop connection encased in
concrete, as shown in the Utilities Detail Drawings. See FDEP Wastewater Checklist Form 62-
604.300(8)(a), "Manholes" section, for further design requirements, as well as Specification
Section 333913 and the Detail Drawings.
Page 30 of 42
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in italics and under lined.
Proposed deletions in text are noted in .
Section 2, Technical Specifications, 020500 "Connections to Existing Systems", Page 2,
text revisions in 1.3.F.
1.3 GENERAL REQUIREMENTS
F. Collier County Damage Prevention Policy:
1. This policy has been put in place to avoid damage to Collier County
underground utilities. A minimum distance of five feet (5') horizontally and
eighteen inches (18") vertically must be maintained away from Collier County
Utilities (in accordance with pipe separation criteria located in the Design
Criteria section). Any and all variations from this order must be approved by the
Water or Wastewater Department.
2. Before commencement of any excavation, the existing underground
utilities in the area affected by the work must be marked by Sunshine One
Call in accordance with State Statute Chapter 556 "Underground Facility
Damage Prevention and Safety". after proper notification to them by either
calling 811 in Florida or toll free at 1-800-432-4770. Visit
www.callsunshino.com for more information. Before commencing
excavation for the work, potholing of all potential conflicts must be
performed.
3. All lines in conflict must be physically located by the contractor and verified by
Collier County Locate Department personnel before performing work. Utilities
under concrete or pavement may require soft dig vacuum locates which also is
the contractor's responsibility to perform. All utilities will be field marked per
Sunshine State One Call's statutes and guidelines. For line verification or any
other information concerning locates, please call the Locate Department at 239-
252-5922 during normal business hours. For line verification or emergency
locates after hours, call emergency numeric pager at 239-890-0809. In the
event the potholing and/or vacuum soft dig does not locate the marked
utility, work must be stopped and the affected utility owner contacted.
Failure to comply with this policy and obtain required signature(s) may result in
delay or denial of permit.
Page 31 of 42
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 2, Technical Specifications, 330502 "High Density Polyethylene (HOPE) Pipe
and Fittings", Pages 2-3, text revisions in 2.1.B.
2.1 POLYETHYLENE PIPE AND FITTINGS
B. The diameter of DR11 HOPE, , casing pipe provided for roadway
crossings or other purposes shall conform to the following tablo:
For HOPE pressure carrier pipes, casing spacers are not
required when HOPE DR11 (or DR17 for 42" to 54" or DR21 for 63") casing is
used. The casing inside diameter shall be a minimum of two inches larger
than the carrier pipe's outside diameter.
2
4- 4-4
6 4-6
6 4-6
40 26
4-2 24
a4 26
4g 3B
T3 34
26 36
24 42
6 4-4
40 46
42 20
a-6 24
46 26
2� 30
24 32
27 36
Page 32 of 42
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 2, Technical Specifications, 330523.16 "Jacking, Augering, and Mining", Page
2, text revisions in 2.1.A.
2.1 MATERIALS
A. General: Use onaf the following for casing pipe.
a-) Spiral Weld or smooth wall steel pipe, meeting the requirements of ASTM A
139, Grade B. The minimum casing pipe size shall be determined by
maintaining a minimum of a four inch (4") difference between the
carrier pipe's largest outside diameter (including restraints) and the
casing pipe's inside diameter. The aril—wall thickness shall be a
minimum of .25 inches for up to twenty inch casings, .312 inches for
twenty-four to thirty-six inch casings, and .60 inches for forty-two inch
and larger casings. - - - - - - _ - - _ - - _, - _ -- _
size indicated. For - -- - - - --- -_ ="-, - special design
considerations, obtain approval from Collier County Utilities.
For PVC and HOPE Prossuro Carrior Piaoc
4-0 0-259
4 4-4 0-260
6 4-6 0-260
6 46 0,259
4-0 20 8-269
4-2 2-4
4-4 26 0a2
4-6 38 0-342
46 34 0.37-5
2-0 36 0-,375
24 42 0-500
4-4
a-0 a-6
42 20
a-5 24
46 26
2� 38
24 32
27 36
Page 33 of 42
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 2, Technical Specifications, 330523.16 "Jacking, Augering and Mining", Pages
2-3, text revisions in 3.1.A.6.
3.1 INSTALLATION
A. Casing Pipe:
6. Locate casing pipes crossing under State and County roadways at suitable
approved alignments in order to eliminate possible conflict with existing or
future utilities and structures with a minimum 40 36 inches depth of cover
between the top of the casing pipe and the surface of the roadway. Conduct
boring operations in such a manner as not to create hazardous conditions or
impede traffic flow.
Page 34 of 42
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 2, Technical Specifications, 330523.16 "Jacking, Augering, and Mining", Pages
4 to 5, text revisions in 3.1.B.
3.1 MATERIALS
B. Casing Spacers:
4- Use Stainless Steel Casing Spacers (see County Approved Product List,
Appendix F) being on center and restrained as the preferred method for
installing the carrier pipe. Use skids installed with 6 ft to 10 ft spacing as
recommended by the manufacturer. After the carrier pipe has been tested
for leakage, block the casing ends with either an 8" wall of brick masonry
with a weep hole installed near the bottom of each wall or casing spacer end
seals (see County Approved Product List, Appendix F) with stainless steel•bands. -- =- -" - == _= = - - =- -- _ =_ 1.
2. The minimum casing pipo inside diameters needed for restrained carrier
MINIMUM CASING PIPE INSIDE DIAMETER NEEDED
FOR RESTRAINED CARRIER PIPE
coon or..
flip° Sizo (in.> -E ?
4-3.04 4 9.-98 1-2
4-4-06 6 12.00 4-5
4-4-08 8 11.15 1-7
1110 4-0 16.20 4-9
1112 4-2 18.30 21.5
1114 44 20.91 23.5
4-416 4-6 22.90 2.55.
4-148 48 25..-00 28
1120 20 27.10 38
1121 2.4 32-64 3
1130 30 38,8.-7 4-1-
1 138 36 4 5.1 7 4-8
1142 42 7 68
4-1-413 48 6-4--87 64
EBAA Product Pipe Size (in.) ID (in.)
1501 4 10.13 12.5
4606 6 12.63 4-5
4308 6 4-5-60 13
Page 35 of 42
1510 4-0 17.73 20
1512 42 21.25 24.
11111-1V 4-4 21.25 2-6,5.
1116HV _ 46 26.50 28.5 __
1 1 2OHV 20 34-440 34
11211.-1V 24 3550 35
4--1-3421-1-V .30 /12.38 4-5.
Page 36 of 42
Proposed Revision to Technical Specification
Section 331200 Water Valves and Appurtenances
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Edit text in Part 2 F. on page 6 as noted below:
2.3 Design
F. Tapping Valves and Sleeves
1. All tapping sleeve and valve assemblies shall meet the requirements of
AVVVVA Standard C500, latest revision. Cast iron tapping sleeves or
stainless steel wrap-around sleeves, and cast iron valves shall be used to
make live taps into the existing water mains where shown on the drawings.
== _ ___•_- __ - - __ _ _ _ _ ___ _ __ - = Flanges must conform to
AWWA C207 Class D ANSI 150# drilling. Mechanical Joint (MJ) tapping
sleeves are also acceptable. All bolts and nuts shall be as specified.
Page 37 of 42
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 2, Technical Specifications, 331619 "Hydrants", Page 2, text revisions in 2.1.B.
2.1 FIRE HYDRANTS
B. Hydrant shall have break away upper sections capable of ready replacement without
loss in the event of traffic damage. Each hydrant shall have a 6" bottom inlet
connection and valve opening at least 5-1/4 inches in diameter. Hydrants shall have
a national standard pentagon 1.5 inch, point to flat operating nut and turn to the left
(counter clockwise) to open. Each hydrant shall be fitted with one 4-1/2-inch pumper
connection and two 2-1/2 inch hose connections, both having threads that conform
to the Fire Division Standard for the area. Hose caps shall be chained (unless
specified without by appropriate fire control district)to the hydrant barrel and
fitted with nuts similar to the hydrant operating nuts. Each hydrant shall have a barrel
of sufficient length to bring the bottom of the 6" pipe connection 3 feet below the
surface of the finished ground. Each hydrant shall have breakaway flanges and be
made in at least two sections bolted together. All interior working parts of the hydrant
shall be removable from the top of the hydrant to allow repairs without removing the
hydrant barrel after it has been installed. Hydrants shall have renewable 0-ring stem
seals. Hydrant barrels shall be painted AVWVA Safety Yellow (lead free) or as
specified by appropriate fire control district. They shall be designed for a working
pressure of 150 psi.
Page 38 of 42
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 2, Technical Specifications, 331619 "Hydrants", Page 3, text revisions in 3.1.B.
3.1 INSTALLATION
B. Hydrants shall be located a minimum of 4 feet from the curb in urban areas, and
a minimum of 14 feet from the edge of pavement in rural areas, and in
accordance with local Fire Department requirements. A gate valve shall be
provided • -"- _ - _ _ - - = - _ - - at the connection to the main as
shown in the Standard Detail.
Page 39 of 42
Item 5
Proposed Revision to Section 2, Technical Specifications
Proposed additions in text are noted in bold.
Proposed deletions in text are noted in .
Section 2, Technical Specifications, 333913 "Sewer Manholes", Page 2, text revisions in
2.1.A.
2.1 MANUFACTURERS
A. See County Approved Product List, Appendix F, for acceptable manufacturers of
plastic joint sealing compound and sewer manhole #r-am frames and covers.
•
Page 40 of 42
COLLIER, COUNTY PUBLIC->IC UTILITIES' IVISIO t
PLANNING AND";PF SECT MANAGEMENT EP!ARTM i�"
3339 it s't Tamia mi T'rlail""
�SuIte 303
Fis►p►i�fa,FL 3411
Phone ( 39)202,20 3.
;k Fax (239)252-5378
DEVIATION INFORMATION SHEET
Any request for a deviation from an established Wastewater or Water Department procedure
must be submitted on the Utility Deviation Form and include all the required information for a
faster and more efficient process. Please deliver or email your request to Nathan Beals
(nathanbea/sccol/ierciov.net) at the Planning and Project Management Department Offices
listed above, business hours are 8:00 am — 5:00 pm, M-F.
Please maintain one deviation per form and select the appropriate type of deviation
(Wastewater, Water, or IQ Water). Ensure to select whether the deviation is on a Privately
Owned or County Owned system. Multiple forms may be attached to the tans sets of required
drawings that has the area(s) of interest highlighted for quick referencing.
Provide as much information as possible along with the required Site Development Plan
Number (obtained from the Engineer of the Developer). Please include any and all equipment
specification information, pressures and velocities of flows, or other pertinent documentation
and a cover letter to give additional information that may not be addressed on the form.
For Grease Trap Deviations, please include a cover letter giving any relevant information
regarding the kitchen and its use, a copy of the Menu of what is to be cooked and served, and a
blue print of the floor plan for the kitchen and seating area.
Upon receipt of you deviation request the processing procedure begins with a date stamp and
routing form. The first review is with the Locates Department for verification that the deviation
request is located within the Collier County Water or Wastewater Service Areas. Next,
depending on the topic of your request, the routing will either be to the Wastewater
Pretreatment Inspector, Wastewater Collection Staff, or Water Distribution Staff and Public
Utilities Planning and Project Management Staff for review. At any time there may be a site visit.
The director of the Water or Wastewater Department performs the final review and you will
thereafter be notified by email or phone of the outcome of your deviation request. If the
deviation is denied, a meeting may be requested with the appropriate Director and staff to
discuss.
If you have any question regarding this procedure, please call (239) 252-2583_
Page 41 of 42
I LITILrry DEVIATION FORM
l etitioner a-R+esquest
Date: n Wastewater n Water n IQ Water
REQUIRED-Site Development Plan#(SDP#) -of-Subdivision Improvement#(PPL#)
Project Name: D Privately Owned D County Owned
Project Address: REQUIRED FORMS
For all Deviatiaa Request'
Petitioners Name & Business Name:
D Blue Prints I site Drawings
Business Address: o Detail Specifications
Phone # Fax # Email o Ivlenu seating nnly for
Grease Trap Dev�attons
Reason for request? o cover Letter
w/Pertinent Information
How does this request differ from Ordinance?
Impact of this request on affected area?
Impact of this request on the maintenance of the system?
Explain benefits this request will have to the operation/maintenance of the Collier County Utility system:
Additional Comments:
COUNTY STAFF ONLY
Routing for Review: (Initials) Staff Comments:
Stake& Locates Approve: Disapprove:
VVVV Pretreatment Inspector Approve: Disapprove:
VVVV Laboratory Supervisor Approve: Disapprove:
—
VVVV Collections Manager Approve: Disapprove:
Water Distribution Manager Approve: Disapprove:
IQ Water Manager Approve: Disapprove:
Planning & Project Mgmt. Dept. Approve: Disapprove:
Authorizing Signature: Oster:
Collier County Utility Director
Page 42 of 42
DRAFT 2010 FBC Compliant FDPO (9-11-13)
[Passed initial State review and being reviewed by County Attorney Office]
ORDINANCE NO. 2013-XX
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AMENDING THE COLLIER COUNTY CODE OF ORDINANCES TO REPEAL PART
1, CHAPTER 62, ARTICLE II; TO ADOPT A NEW PART 1, CHAPTER 62, ARTICLE II; TO
ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO
ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS,
AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS 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 125, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of Collier County and such areas may be subject to periodic
inundation which may result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of which adversely affect the public health, safety
and general welfare, and
WHEREAS, Collier County, Florida was accepted for participation in the National Flood
Insurance Program on September 14, 1979 and the Board of County Commissioners desires to
continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60,
necessary for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
provide a mechanism for the uniform adoption, updating, amendment, interpretation and
enforcement of a state building code, called the Florida Building Code; and
WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the
Florida Building Code that provide for more stringent requirements than those specified in the
Code;
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative
and local technical amendments to the Florida Building Code to implement the National Flood
Insurance Program and incentives; and
WHEREAS, the Board of County Commissioners has determined that it is in the public
interest to adopt the proposed local technical amendments to the Florida Building Code and that
the proposed amendments are not more stringent than necessary to address the need
identified, do not discriminate against materials, products or construction techniques of
demonstrated capabilities, and are in compliance with Section 553.73(4), Florida Statutes; and
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[Passed initial State review and being reviewed by County Attorney Office]
WHEREAS, the Board of County Commissioners is adopting a requirement to increase
the minimum elevation requirement for buildings and structures meeting specified locational
criteria both within and without the Special Flood Hazard Area and, pursuant to section
553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code; and
WHEREAS, the Board of County Commissioners has determined that it is in the public
interest to adopt the proposed floodplain management regulations that are coordinated with the
Florida Building Code.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida that the following floodplain management regulations, and the following
local administrative amendments to the 2010 Florida Building Code, are hereby adopted.
SECTION 1. RECITALS.
The foregoing whereas clauses are incorporated herein by reference and made a part hereof.
SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s)
and regulation(s): Ordinance 2011-07, as amended.
CHAPTER 1 ADMINISTRATION
SECTION 101 GENERAL
101.1 Title. These regulations shall be known as the Floodplain Management Ordinance of
Collier County, Florida, hereinafter referred to as "this ordinance."
101.2 Scope. The provisions of this ordinance shall apply to all development that is wholly within
or partially within any flood hazard area, including but not limited to the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration, remodeling,
enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures,
and facilities that are exempt from the Florida Building Code; placement, installation, or replacement
of manufactured homes and manufactured buildings; installation or replacement of tanks; placement
of recreational vehicles; installation of swimming pools; and any other development. This ordinance
shall also apply to establishing minimum floor elevations for buildings constructed within areas
identified as Zone X.
101.3 Intent. The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to safeguard
the public health, safety, and general welfare and to minimize public and private losses due to
flooding through regulation of development in flood hazard areas to:
(1) Minimize unnecessary disruption of commerce, access and public service during times
of flooding;
(2) Require the use of appropriate construction practices in order to prevent or minimize
future flood damage;
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(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
101.4 Coordination with the Florida Building Code. This ordinance is intended to be
administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE
24 refers to the edition of the standard that is referenced by the Florida Building Code.
101.5 Warning. The degree of flood protection required by this ordinance and the Florida Building
Code, as amended by this community, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur. Flood heights may be increased by man-made or natural causes. This ordinance does not
imply that land outside of mapped special flood hazard areas, or that uses permitted within such
flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base
flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be
revised by the Federal Emergency Management Agency, requiring this community to revise these
regulations to remain eligible for participation in the National Flood Insurance Program. No
guaranty of vested use, existing use, or future use is implied or expressed by compliance with
this ordinance.
101.6 Disclaimer of Liability. This ordinance shall not create liability on the part of the Board
of County Commissioners of Collier County, Florida or by any officer or employee thereof for
any flood damage that results from reliance on this ordinance or any administrative decision
lawfully made thereunder.
SECTION 102 APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard
areas within the unincorporated Collier County, as established in Section 102.3 of this
ordinance. Additionally, the requirements for establishing minimum floor elevations shall be
applicable for all areas identified as Zone X.
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DRAFT 2010 FBC Compliant FDPO (9-11-13)
[Passed initial State review and being reviewed by County Attorney Office]
102.3 Basis for establishing flood hazard areas. The Flood Insurance Study for Collier
County, Florida and Incorporated Areas dated May 16, 2012, and the accompanying Flood
Insurance Rate Maps (FIRM), and all subsequent amendments and revisions through Letters of
Map Revision — Based on Fill, Letters of Map Revision, and Physical Map Revisions to such
maps, are adopted by reference as a part of this ordinance and shall serve as the minimum
basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas
are on file at the office of the Clerk to the Board of County Commissioners located at the County
Government Center, 3299 Tamiami Trail East, Bldg. F, 4th Floor, Naples, FL 34112.
102.3.1 Submission of additional data to establish flood hazard areas. To establish flood
hazard areas and base flood elevations, pursuant to Section 105 of this ordinance the
Floodplain Administrator may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography accepted
by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this ordinance and, as applicable, the requirements
of the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
102.4 Other laws. The provisions of this ordinance shall not be deemed to nullify any
provisions of local, state or federal law.
102.5 Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect
for management of development in flood hazard areas. However, it is not intended to repeal or
abrogate any existing ordinances including but not limited to land development regulations,
zoning ordinances, stormwater management regulations, or the Florida Building Code. In the
event of a conflict between this ordinance and any other ordinance, the more restrictive shall
govern. This ordinance shall not impair any deed restriction, covenant or easement, but any
land that is subject to such interests shall also be governed by this ordinance.
102.6 Interpretation. In the interpretation and application of this ordinance, all provisions shall
be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
103.1 Designation. The County Manager or designee is designated as the Floodplain
Administrator. The Floodplain Administrator may delegate performance of certain duties to other
employees.
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[Passed initial State review and being reviewed by County Attorney Office]
103.2 General. The Floodplain Administrator is authorized and directed to administer and
enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to
render interpretations of this ordinance consistent with the intent and purpose of this ordinance
and may establish policies and procedures in order to clarify the application of its provisions.
Such interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this ordinance without the granting of a variance pursuant to Section 107
of this ordinance.
103.3 Applications and permits. The Floodplain Administrator, in coordination with other
pertinent offices of the community, shall:
(1) Review applications and plans to determine whether proposed new development will be
located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard areas
for compliance with the requirements of this ordinance;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the determination shall
have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other sources or
shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be reasonably
safe from flooding;
(7) Issue floodplain development permits or approvals for development other than buildings
and structures that are subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code, when compliance with
this ordinance is demonstrated, or disapprove the same in the event of noncompliance;
and
(8) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood hazard
areas comply with the applicable provisions of this ordinance.
103.4 Substantial improvement and substantial damage determinations. For applications
for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations,
substantial improvements, repairs of substantial damage, and any other improvement of or work
on such buildings and structures, the Floodplain Administrator, in coordination with the Building
Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the market
value prepared by a qualified independent appraiser, of the building or structure before
the start of construction of the proposed work; in the case of repair, the market value of
FINAL Model FPM Ordinance & Code Amendments: Zones A &V(January 15, 2013) 5
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[Passed initial State review and being reviewed by County Attorney Office]
the building or structure shall be the market value before the damage occurred and
before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(4) Notify the applicant if it is determined that the work constitutes substantial improvement
or repair of substantial damage and that compliance with the flood resistant construction
requirements of the Florida Building Code and this ordinance is required.
103.6 Notices and orders. The Floodplain Administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
ordinance.
103.7 Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 106 of this ordinance for development that is not subject to the Florida
Building Code, including buildings, structures and facilities exempt from the Florida Building
Code. The Floodplain Administrator shall inspect flood hazard areas to determine if
development is undertaken without issuance of a permit.
103.8 Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
other duties, including but not limited to:
(1) Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 103.4 of this ordinance;
(2) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be
made within 6 months of such data becoming available;
(4) Review required design certifications and documentation of elevations specified by this
ordinance and the Florida Building Code and this ordinance to determine that such
certifications and documentations are complete;
(5) Notify the Federal Emergency Management Agency when the corporate boundaries of
unincorporated Collier County, Florida are modified; and
FINAL Model FPM Ordinance & Code Amendments: Zones A &V(January 15, 2013) 6
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[Passed initial State review and being reviewed by County Attorney Office]
(6) Advise applicants for new buildings and structures, including substantial improvements,
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement
Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such
construction; areas subject to this limitation are identified on Flood Insurance Rate Maps
as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."
103.9 Floodplain management records. Regardless of any limitation on the period required
for retention of public records, the Floodplain Administrator shall maintain and permanently keep
and make available for public inspection all records that are necessary for the administration of
this ordinance and the flood resistant construction requirements of the Florida Building Code,
including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and
denial of permits; determinations of whether proposed work constitutes substantial improvement
or repair of substantial damage; required design certifications and documentation of elevations
specified by the Florida Building Code and this ordinance; notifications to adjacent communities,
FEMA, and the state related to alterations of watercourses; assurances that the flood carrying
capacity of altered watercourses will be maintained; documentation related to appeals and
variances, including justification for issuance or denial; and records of enforcement actions
taken pursuant to this ordinance and the flood resistant construction requirements of the Florida
Building Code. These records shall be available for public inspection at the Growth
Management Division-Planning and Regulation, 2800 North Horseshoe Drive, Naples, FL
34104.
SECTION 104 PERMITS
104.1 Permits required. Any owner or owner's authorized agent (hereinafter"applicant") who
intends to undertake any development activity within the scope of this ordinance, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly within
or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and
approval(s). No such permit or approval shall be issued until compliance with the requirements of
this ordinance and all other applicable codes and regulations has been satisfied.
104.2 Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this ordinance for any development activities not subject to the
requirements of the Florida Building Code, including buildings, structures and facilities exempt
from the Florida Building Code. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator may determine that a floodplain
development permit or approval is required in addition to a building permit.
104.2.1 Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National Flood
Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or
approvals shall be required for the following buildings, structures and facilities that are exempt
from the Florida Building Code and any further exemptions provided by law, which are subject to
the requirements of this ordinance:
FINAL Model FPM Ordinance& Code Amendments: Zones A &V(January 15, 2013) 7
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[Passed initial State review and being reviewed by County Attorney Office]
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which
are directly involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided
wooden hut that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps
104.3 Application for a permit or approval. To obtain a floodplain development permit or
approval the applicant shall first file an application in writing on a form furnished by the
community. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section 105 of
this ordinance.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
104.4 Validity of permit or approval. The issuance of a floodplain development permit or
approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any
violation of this ordinance, the Florida Building Codes, or any other ordinance of this community.
The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of errors
and omissions.
FINAL Model FPM Ordinance& Code Amendments: Zones A &V(January 15, 2013) 8
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104.5 Expiration. A floodplain development permit or approval shall become invalid unless the
work authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions for periods of not more than 180 days each shall be requested in writing and
justifiable cause shall be demonstrated.
104.6 Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplain development permit or approval if the permit was issued in error, on the
basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any
other ordinance, regulation or requirement of this community.
104.7 Other permits required. Floodplain development permits and building permits shall
include a condition that all other applicable state or federal permits be obtained before
commencement of the permitted development, including but not limited to the following:
(1) The South Florida Water Management District; section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems; section
381.0065, F.S. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; section 161.141, F.S.
(4) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
(6) Federal permits and approvals.
SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS
105.1 Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this ordinance shall be drawn to
scale and shall include, as applicable to the proposed development:
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed
development.
(2) Where base flood elevations, or floodway data are not included on the FIRM or in the
Flood Insurance Study, they shall be established in accordance with Section 105.2(2) or
(3) of this ordinance.
(3) Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than 5 acres and the base flood elevations are not included on
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the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Section 105.2(1) of this ordinance.
(4) Location of the proposed activity and proposed structures, and locations of existing
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
(7) Delineation of the Coastal Construction Control Line or notation that the site is seaward
of the coastal construction control line, if applicable.
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided such
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, construction
documents, and other data that are required by this ordinance but that are not required to be
prepared by a registered design professional if it is found that the nature of the proposed
development is such that the review of such submissions is not necessary to ascertain
compliance with this ordinance.
105.2 Information in flood hazard areas without base flood elevations (approximate Zone
A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have
not been provided, the Floodplain Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to
obtain and use base flood elevation and floodway data available from a federal or state
agency or other source.
(3) Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices; or
(b) Specify that the base flood elevation is four (4) feet above the highest
adjacent grade or WSWT, whichever is higher, OR if utilizing a pressurized
septic design, engineering justifications, considering adjacent flood
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elevations and other applicable criteria, may be presented to the Floodplain
Administrator for consideration of a lowered floor elevation, but in no case
can the lowest floor be less than three (3) feet above the highest adjacent
grade or WSVVT, whichever is higher at the location of the development,
provided there is no evidence indicating flood depths have been or may be
greater than the proposed elevation distance.
(4) Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advise the applicant that the analyses shall be prepared by a Florida
licensed engineer in a format required by FEMA, and that it shall be the responsibility of
the applicant to satisfy the submittal requirements and pay the processing fees.
105.3 Additional analyses and certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the applicant
shall have the following analyses signed and sealed by a Florida licensed engineer for
submission with the site plan and construction documents:
(1) For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Section 105.4 of this
ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA,
with the site plan and construction documents.
(2) For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM
and floodways have not been designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not increase
the base flood elevation more than one (1) foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices which demonstrates that the flood-carrying capacity of
the altered or relocated portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to
FEMA as specified in Section 105.4 of this ordinance.
(4) For activities that propose to alter sand dunes or mangrove stands in coastal high
hazard areas (Zone V), an engineering analysis that demonstrates that the proposed
alteration will not increase the potential for flood damage.
105.4 Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
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FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared
by a Florida licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
SECTION 106 INSPECTIONS
106.1 General. Development for which a floodplain development permit or approval is required
shall be subject to inspection.
106.1.1 Development other than buildings and structures. The Floodplain Administrator
shall inspect all development to determine compliance with the requirements of this ordinance
and the conditions of issued floodplain development permits or approvals.
106.1.2 Buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect buildings, structures and facilities exempt from the Florida
Building Code to determine compliance with the requirements of this ordinance and the
conditions of issued floodplain development permits or approvals.
106.1.2.1 Buildings, structures and facilities exempt from the Florida Building Code,
lowest floor inspection.Upon place ment of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building, structure or facility exempt from the Florida
Building Code, or the owner's authorized agent, shall submit to the Floodplain Administrator:
(1) If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 105.2(3)(b) of this ordinance, the documentation
of height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner's authorized agent.
106.1.2.2 Buildings, structures and facilities exempt from the Florida Building Code, final
inspection. As part of the final inspection, the owner or owner's authorized agent shall submit
to the Floodplain Administrator a final certification of elevation of the lowest floor or final
documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 106.1.2.1 of this
ordinance.
106.1.3 Manufactured homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine compliance with the
requirements of this ordinance and the conditions of the issued permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be submitted to the
Floodplain Administrator.
SECTION 107 VARIANCES AND APPEALS
107.1 General. The Collier County Board of Zoning Appeals (BZA) shall hear and decide on
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requests for appeals and requests for variances from the strict application of this ordinance.
Pursuant to section 553.73(5), F.S., the BZA shall hear and decide on requests for appeals and
requests for variances from the strict application of the flood resistant construction requirements
of the Florida Building Code. This section does not apply to Section 3109 of the Florida Building
Code, Building.
(1) A request fo r a Variance to any requirement o f this article shall foil ow the
procedure desc ribed in the Coll ier County La nd Deve lopment Code Section
10.04:04, as may be amended, for Applications Subject to Type Ill Review.
(2) The filing fee for each Variance request shall be that adopted and in effect in the
Growth Management Division/Planning and Regulation Fee Schedule, (approved
7-27-10, Resolution 2010-130) as may be amended, replaced or superseded.
107.2 Appeals. The BZA shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Floodplain Administrator in the
administration and enforcement of this ordinance. Any person aggrieved by the decision of the
BZA may appeal such decision to the Circuit Court, as provided by Florida Statutes.
107.3 Limitations on authority to grant variances. The BZA shall base its decisions on
variances on technical justifications submitted by applicants, the considerations for issuance in
Section 107.6 of this ordinance, the conditions of issuance set forth in Section 107.7 of this
ordinance, and the comments and recommendations of the Floodplain Administrator and the
Building Official. The BZA has the right to attach such conditions as it deems necessary to
further the purposes and objectives of this ordinance.
107.3.1 Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway if any increase in base flood elevations would result, as evidenced
by the applicable analyses and certifications required in Section 105.3 of this ordinance.
107.4 Historic buildings. A variance is authorized to be issued for the repair, improvement, or
rehabilitation of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11
Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation
will not preclude the building's continued designation as a historic building and the variance is
the minimum necessary to preserve the historic character and design of the building. If the
proposed work precludes the building's continued designation as a historic building, a variance
shall not be granted and the building and any repair, improvement, and rehabilitation shall be
subject to the requirements of the Florida Building Code.
107.5 Functionally dependent uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use, as
defined in this ordinance, provided the variance meets the requirements of Section 107.3.1, is
the minimum necessary considering the flood hazard, and all due consideration has been given
to use of methods and materials that minimize flood damage during occurrence of the base
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flood.
107.6 Considerations for issuance of variances. In reviewing requests for variances, the
BZA shall consider all technical evaluations, all relevant factors, all other applicable provisions
of the Florida Building Code, this ordinance, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in
further injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage
and the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community;
(5) The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action, if applicable, expected at
the site; and
(10) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges.
107.7 Conditions for issuance of variances.Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this ordinance or the required elevation standards;
(2) Determination by the BZA that:
(a) Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
(b) The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws
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and ordinances; and
(c) The variance is the minimum necessary, considering the flood hazard, to afford
relief;
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
(4) If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the Floodplain Administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25 for$100 of insurance coverage), and stating that construction
below the base flood elevation increases risks to life and property.
SECTION 108 VIOLATIONS
108.1 Violations. Any development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance that is performed without an issued permit, that is in conflict
with an issued permit, or that does not fully comply with this ordinance, shall be deemed a
violation of this ordinance. A building or structure without the documentation of elevation of the
lowest floor, other required design certifications, or other evidence of compliance required by
this ordinance or the Florida Building Code is presumed to be a violation until such time as that
documentation is provided.
108.2 Authority. For development that is not within the scope of the Florida Building Code but
that is regulated by this ordinance and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner's agent, or to the person or persons performing the work.
108.3 Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is
directed to perform to remove or remedy a violation or unsafe condition, shall be subject to
penalties as prescribed in the Collier County Consolidated Code Enforcement Ordinance as it
may be amended or replaced.
SECTION 109 TEMPORARY EMERGENCY HOUSING
109.1 General. Collier County is a coastal county with extremely flat topographic relief and
subject to broad shallow overland sheet flow during intense rainfall events. The vast majority of
the County is identified within the coastal or riverine floodplain as demonstrated by the effective
FIRM. The County is also subject to extensive areas of coastal surge flooding from major
tropical cyclone events. There are very few areas in the County where naturally occurring land
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elevations are sufficient to create islands of flood zone X. These areas of flood zone X
generally tend to be in rural areas where public utility services are not readily available or along
a highly urbanized coastal ridge near the City of Naples/Collier County boundary. Most of the
current flood zone X areas have been created by development activities utilizing lake excavation
and placement of fill.
109.2 Establishing the need for Temporary emergency housing. The Board of County
Commissioners must determine and declare by simple majority vote that an emergency
condition exists due to a natural or man-made disaster. Based upon that disaster declaration
the County Manager, through the Emergency Management Director and the delegated
Floodplain Administrator, must request and receive the Board's approval, by simple majority
vote, of a request for Temporary emergency housing. Upon approval of both votes the need for
Temporary emergency housing will be established.
109.3 Emergency Management Director authorized to establish the location for
Temporary emergency housing. When a need for Temporary emergency housing has been
established, based on such factors as:
(i) Speedy provision of temporary housing;
(ii) Potential flood risk to the temporary housing occupant;
(iii) Cost effectiveness;
(iv) Social and neighborhood patterns; and
(v) Timely availability of other housing resources;
the Board of County Commissioners, by simple majority vote and at the request of the County
Manager, shall consider directing the Emergency Management Director with full authority to
request the FEMA Region IV Administrator's approval of the locations to be used for placement
of Temporary emergency housing within the floodplain. Additionally, the Emergency
Management Director's authority shall include, but not be limited to, granting or facilitating
situations in codes or regulations in which unforeseen circumstances have been identified that
support the emergent need for post disaster Temporary emergency housing. Such efforts,
pending the magnitude of the disaster and the need for Temporary emergency housing may
include efforts to grandfather or retroactively approve such Temporary emergency housing
actions, waivers or exemptions when reasonable efforts were implemented to protect life,
property and minimize suffering in an attempt to stabilize displaced residents and families
following a disaster. Where possible, such temporary waivers or exemptions following the
disaster housing effort shall terminate within eighteen (18) months of issuance unless extended
by the Board of County Commissioners. In taking these authorized actions, the Emergency
Management Director will periodically, and in a timely manner, keep the Board of County
Commissioners informed through the County Manager. Such placement efforts shall be
consistent with the Emergency Review Board as noted in County Ordinance 06-35, Post-
Disaster Recovery Ordinance.
109.4 Placement of Temporary emergency housing within the flood hazard area. The
Emergency Management Director shall undertake extensive efforts to place Temporary
emergency housing units outside of the flood hazard area. However, due to the vast expanse of
the shallow floodplain there may be instances where it is necessary to locate Temporary
emergency housing within the flood hazard area.
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109.4.1 Coastal high hazard area. Temporary emergency housing shall not be located within
the coastal high hazard area (Zone V).
109.4.2 Minimum floor elevation. Temporary emergency housing shall be placed in a
manner to ensure that the lowest floor and equipment are at or above the base flood elevation
and meet or exceed the installation requirements applicable to the type of unit as though it were
a permanent installation.
109.4.3 Emergency notification and evacuation plan. An emergency notification and
evacuation plan shall be prepared to ensure the safety of the occupants of the Temporary
emergency housing. The emergency notification and evacuation plan shall be submitted, within
thirty (30) days of occupancy within the Temporary emergency housing units, for review and
approval to the Collier County Department of Emergency Management.
109.4.4 Duration of time for location within the flood hazard area. The Emergency
Management Director shall provide a report on the status of Temporary emergency housing
units to the Board of County Commissioners, through the County Manager, at least every six (6)
months. Disaster recovery efforts shall attempt to coordinate and prioritize work efforts in a
manner to eliminate the need for Temporary emergency housing units that are located in the
flood hazard area so they can be removed as quickly as feasible. Temporary housing units
shall be vacated and removed within eighteen (18) months of occupancy unless the time is
extended by the Board of County Commissioners. The Emergency Management Director,
through the County Manager, is the person responsible for determining the need and preparing
a request for a time extension.
109.4.5 Consistent with Post-Disaster Recovery Ordinance. The efforts noted above shall
be consistent with County Ordinance 06-35, Post-Disaster Recovery Ordinance.
CHAPTER 2 DEFINITIONS AND ACRONYMS
SECTION 201 GENERAL
201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this ordinance, have the meanings shown in this section.
201.2 Terms defined in the Florida Building Code. Where terms are not defined in this
ordinance and are defined in the Florida Building Code, such terms shall have the meanings
ascribed to them in that code.
201.3 Terms not defined. Where terms are not defined in this ordinance or the Florida Building
Code, such terms shall have ordinarily accepted meanings such as the context implies.
SECTION 202 DEFINITIONS
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
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alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision
of this ordinance or a request for a variance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given
year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the
"100-year flood" or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 1612.2.]
Coastal construction control line. The line established by the State of Florida pursuant to
section 161.053, F.S., and recorded in the official records of the community, which defines that
portion of the beach-dune system subject to severe fluctuations based on a 100-year storm
surge, storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
"high hazard areas subject to high velocity wave action" or"V Zones" and are designated on
Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. [Note: The FBC,B defines and
uses the term "flood hazard areas subject to high velocity wave action" and the FBC, R uses the
term "coastal high hazard areas."]
Design flood. The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or
(2) Area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height, relative to
the datum specified on the community's legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing
grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard
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map. In areas designated as Zone AO where the depth number is not specified on the map, the
depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure. Any buildings and structures for which the "start of
construction" commenced before September 4, 1979. [Also defined in FBC, B, Section 1612.2.]
Existing manufactured home park or subdivision. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed before September 4,
1979.
Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 1612.2.]
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
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Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this ordinance.
Floodplain development permit or approval. An official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this ordinance. For the purposes of this Ordinance, this is synonymous with
the local site Development or Building permit, as applicable, (i.e., any County authorization
which must be approved by the County prior to proceeding with any "development".)
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Hardship. As related to Variances from this Ordinance, Hardship means the exceptional
Hardship associated with the land that would result from a failure to grant the requested
Variance. The community requires that the Variance is exceptional, unusual, and peculiar to the
property involved. Mere economic or financial Hardship alone is not exceptional. Inconvenience,
aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional Hardship. All of these problems
can be resolved through other means without granting a Variance, even if the alternative is
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more expensive, or requires the property owner to build elsewhere or put the parcel to a
different use than originally intended.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic
Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck.As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such
enclosure is not built so as to render the structure in violation of the non-elevation requirements
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of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Mangrove stand. An assemblage of mangrove trees which are mostly low trees noted for a
copious Development of interlacing adventitious roots above ground and which contain one or
more of the following species: Black mangrove (Avicennia germinans); red mangrove
(Rhizophora mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus
erecta).
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle" or"park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this ordinance, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market
value may be established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the Property Appraiser. xxx
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a
reference for establishing varying elevations within the Floodplain. Elevation information based
upon NGVD and used for Floodplain management purposes prior to March 14, 2011, may
continue to be used provided there is also converted elevation information based upon NAVD.
After March 14, 2011, all elevation information submitted with a Development permit shall utilize
NAVD.
New construction. For the purposes of administration of this ordinance and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after September 4, 1979 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after September 4,
1979.
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference
for establishing varying elevations within the Floodplain. After March 14, 2011, all elevation
information submitted with a Development permit shall utilize NAVD.
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Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and appliances.
[Defined in 320.01, F.S.]
Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.)
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of the
issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual "start of construction" means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Also defined in FBC, B Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to its before-damaged condition would equal or exceed
50 percent of the market value of the building or structure before the damage occurred. [Also
defined in FBC, B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
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include either: [Also defined in FBC, B, Section 1612.2.]
(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 minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure. [See Instructions and Notes]
Temporary emergency housing: Typically provided by FEMA or the Florida Division of
Emergency Management (FDEM) in accordance with guidance noted in the Stafford Act and/or
the Post-Katrina Emergency Management Reform Act and similar laws. FEMA or the Florida
Division of Emergency Management may provide housing resources via its contractor or other
approved agency such as the U.S. Department of Housing and Urban Development and others
to provide for temporary emergency housing including but not limited to: modular homes, mobile
homes, component homes, cottages, camper trailers, or some other type of temporary living
quarters intended to house displaced residents impacted by a natural or man-made disaster
event.
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this ordinance or the Florida Building Code.
Watercourse. The channel and banks of a lake, river, creek, stream, wash, channel or other
topographic feature in, on, through, or over which water flows at least periodically. The
watercourse does not include the adjoining floodplain areas.
Wet season water table elevation (WSWT). The elevation, in relation to the NAVD of 1988, of
the groundwater during that period of time each year in which the upper surface of the
groundwater, or that level below which the soil or underlying rock material is wholly saturated
with water, can normally be expected to be at its highest level. Water table elevation is
measured from the soil surface downward to the upper level of saturated soil or upward to the
free water level. The WSWT may be determined using the South Florida Water Management
District's methodology for determining the seasonal high water table contained in the District's
Environmental Resource Permit Information Manual Volume IV (September 2010, as may be
amended), pages CA-1—CA-7, or other methodology as approved by the Florida Department of
Environmental Protection.
Zone X. The Flood zone for areas outside the Special Flood Hazard Area . No flood
elevations or depths are shown in this zone, and mandatory Flood insurance purchase
requirements do not apply. Flood insurance is optional and available. Zone X is typically divided
into two sub-areas known as:
• Zone X (Shaded) [also known as X500] which represents the area outside of the 1-
percent annual chance Floodplain but within the 0.2-percent annual chance
Floodplain, and
• Zone X (Unshaded) which represents the area outside of the 0.2-percent annual
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chance Floodplain.
SECTION 203 ACRONYMS
ASCE American Society of Civil Engineers
BFE Base flood elevation
CCCL Coastal Construction Control Line
CFR Code of Federal Regulations
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Map
FIS Flood Insurance Study
NAVD North American Vertical Datum
NFIP National Flood Insurance Program
NGVD National Geodetic Vertical Datum
SFHA Special Flood Hazard or Area of Special Flood Hazard
SWEL Stillwater flood elevation
WSWT Wet season water table
CHAPTER 3 FLOOD RESISTANT DEVELOPMENT
SECTION 301 BUILDINGS AND STRUCTURES
301.1 Design and construction of buildings, structures and facilities exempt from the
Florida Building Code. Pursuant to Section 104.2.1 of this ordinance, buildings, structures, and
facilities that are exempt from the Florida Building Code, including substantial improvement or repair
of substantial damage of such buildings, structures and facilities, shall be designed and constructed
in accordance with the flood load and flood resistant construction requirements of ASCE 24.
Structures exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Section 307 of this ordinance.
301.2 Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also located,
in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section 3109
and Section 1612 or Florida Building Code, Residential Section R322.
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(2) Minor structures and non-habitable major structures as defined in section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of
this ordinance and ASCE 24.
301.3 Lowest floor elevation requirement in the Flood Hazard Area and Zone X. In flood
hazard areas and in Zone X, buildings and structures shall have the lowest floor at or above the
higher of the elevation required by the Florida Building Code or the following:
1) Development without water management design —
a. Paved Street—a minimum of 18 inches above the crown of the nearest street
or interior finished roadway system if finished with paving; in the event that the
nearest street or interior finished roadway system is located on an evacuation
route or other unusually high pavement elevation as agreeable by the County
Engineer, a minimum of 18 inches above the crown of the nearest side street;
or
b. Graded or Unfinished Street—24 inches above the crown of the street if the
nearest street is graded or otherwise unfinished.
2) Development with water management design —the 100-year zero discharge
elevation, in areas which have storm water management routing and storage
facilities designed and built for a 25-year, 3-day storm event in accordance with the
South Florida Water Management District's criteria.
3) Mean Sea Level —5.7 feet in relation to NAVD of 1988 (with an allowable exception
for the bottom of the lowest horizontal structural member of the Lowest floor of
accessory structures within the Zone V).
4) Slabs for garages, carports, screen enclosures, and similar uses shall be at or above
the crown of the nearest paved or graded/unfinished street.
5) Accessory structures (Steel ISO 10'-20'-40' storage containers, vertical tool sheds
and storage buildings) may be positioned on the ground and adequately anchored to
withstand wind and buoyancy forces, or secured to pier.
SECTION 302 SUBDIVISIONS
302.1 Minimum requirements. Subdivision proposals, including proposals for manufactured
home parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations are determined in
accordance with Section 105.2(1) of this ordinance; and
(3) All public utilities and facilities such as sewer, gas, electric, communications, and water
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systems are located and constructed to minimize or eliminate flood damage; and
(4) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
SECTION 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
303.1 Minimum requirements. All proposed new development shall be reviewed to determine
that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
303.2 Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants (including all pumping stations and collector systems), and on-site
waste disposal systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize
or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood
waters, and impairment of the facilities and systems.
303.3 Water supply facilities. All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-532.500,
F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the
systems.
303.4 Limitations on sites in regulatory floodways. No development, including but not limited
to site improvements, and land disturbing activity involving fill or regrading, shall be authorized
in the regulatory floodway unless the floodway encroachment analysis required in Section
105.3(1) of this ordinance demonstrates that the proposed development or land disturbing
activity will not result in any increase in the base flood elevation.
303.5 Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone A only), fill
shall comply with the requirements of the Florida Building Code.
303.6 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 is
approved by the Florida Department of Environmental Protection and only if the engineering
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analysis required by Section 105.3(4) of this ordinance demonstrates that the proposed
alteration will not increase the potential for flood damage. Construction or restoration of dunes
under or around elevated buildings and structures shall comply with Section 307.801 of this
ordinance.
SECTION 304 MANUFACTURED HOMES
304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to section 320.8249, F.S.,and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located
seaward of the coastal construction control line, all manufactured homes shall comply with the
more restrictive of the applicable requirements.
304.2 Foundations. All new manufactured homes and replacement manufactured homes
installed in flood hazard areas shall be installed on permanent, reinforced foundations that:
(1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential
Section R322.2 and this ordinance.
(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this
ordinance.
304.3 Anchoring. All new manufactured homes and replacement manufactured homes shall
be installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
304.4 Elevation. Manufactured homes that are placed, replaced, or substantially improved shall
comply with Section 304.4.1 or 304.4.2 of this ordinance, as applicable.
304.4.1 General elevation requirement. Unless subject to the requirements of Section 304.4.2
of this ordinance, all manufactured homes that are placed, replaced, or substantially improved
on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new
manufactured home park or subdivision; (c) in an expansion to an existing manufactured home
park or subdivision; or(d) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated
such that the bottom of the frame is at or above the elevation required, as applicable to the flood
hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section
R322.3 (Zone V). •
304.4.2 Elevation requirement for certain existing manufactured home parks and
subdivisions. Manufactured homes that are not subject to Section 304.4.1 of this ordinance,
including manufactured homes that are placed, replaced, or substantially improved on sites
located in an existing manufactured home park or subdivision, unless on a site where
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substantial damage as result 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 elevation required, as
applicable to the flood hazard area, in the Florida Building Code, Residential Section
R322.2 (Zone A) or Section R322.3 (Zone V); or
(2) Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36 inches in height above grade.
304.5 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322 for such enclosed areas,
as applicable to the flood hazard area.
304.6 Utility equipment Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall
comply with the requirements of the Florida Building Code, Residential Section R322, as
applicable to the flood hazard area.
SECTION 305 RECREATIONAL VEHICLES AND PARK TRAILERS
305.1 Temporary placement Recreational vehicles and park trailers placed temporarily in
flood hazard areas shall:
(1) Be on the site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use, which means the recreational vehicle or
park model is on wheels or jacking system, is attached to the site only by quick-
disconnect type utilities and security devices, and has no permanent attachments such
as additions, rooms, stairs, decks and porches.
305.2 Permanent placement Recreational vehicles and park trailers that do not meet the
limitations in Section 305.1 of this ordinance for temporary placement shall meet the
requirements of Section 304 of this ordinance for manufactured homes.
SECTION 306 TANKS
306.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming the tank
is empty.
306.2 Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
requirements of Section 306.3 of this ordinance 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 prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood-borne debris.
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(2) Not be permitted in coastal high hazard areas (Zone V).
306.3 Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
attached to and elevated to or above the design flood elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions of the design flood.
Tank-supporting structures shall meet the foundation requirements of the applicable flood
hazard area.
306.4 Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood;
and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
SECTION 307 OTHER DEVELOPMENT
307.1 General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not specified in
this ordinance or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
(4) Be constructed of flood damage-resistant materials; and
(5) Have mechanical, plumbing, and electrical systems above the design flood elevation,
except that minimum electric service required to address life safety and electric code
requirements is permitted below the design flood elevation provided it conforms to the
provisions of the electrical part of building code for wet locations.
307.2 Fences in regulated floodways. Fences in regulated floodways that have the potential
to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet
the limitations of Section 303.4 of this ordinance.
307.3 Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls
and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet
the limitations of Section 303.4 of this ordinance.
307.4 Roads and watercourse crossings in regulated floodways. Roads and watercourse
crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles
or pedestrians to travel from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 303.4 of this ordinance. Alteration of a
watercourse that is part of a road or watercourse crossing shall meet the requirements of
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Section 105.3(3) of this ordinance.
307.5 Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal
high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings
and structures provided the concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.
307.6 Decks and patios in coastal high hazard areas (Zone V). In addition to the
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall
be located, designed, and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to the building or structure or to adjacent buildings
and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local
soils and is the minimum amount necessary for site drainage may be approved without
requiring analysis of the impact on diversion of floodwaters or wave runup and wave
reflection.
307.7 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 also
authorized by the appropriate federal, state or local authority; if located outside the footprint of,
and not structurally attached to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or wave runup
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and wave reflection that would increase damage to adjacent buildings and structures. Such
other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise
function to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
(4) Accessory Structures. In addition to the applicable requirements of the Florida Building
Code, the following apply:
(a) Accessory structures meeting the criteria of small or low-cost, such as small
metal/wooden sheds that are "disposable" must be unfinished on the interior,
constructed with Flood damage-resistant materials below the BFE and used
only for storage.
(b) Maximum allowable size of Accessory structures in V-Zones is 100
square feet.
(c) Maximum allowable value of Accessory structures in V-Zones is
$2,500.00.
(d) Consideration must be given to the effects the debris from the accessory
structures will have on adjacent Buildings.
(e) Detached garages are not allowed .
(f) The structural system shall utilize pilings, adequately embedded to resist
scour and lateral deflection. The lowest horizontal structural member of
roof systems, including plates and beams connecting the upright supports
of the Structure, shall be placed at or above the BFE.
(g) Any small Accessory structure enclosure below the BFE shall be
constructed with Breakaway walls, such as wooden lattice or insect
screening.
(h) Floors shall be frangible and shall be at or very close to grade.
307.8 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 be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
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[Passed initial State review and being reviewed by County Attorney Office]
reflection that would increase damage to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification of
the diversion of floodwater or wave runup and wave reflection 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 the sand dune and the lowest horizontal structural
member of the building.
SECTION 3. Collier County Ordinance No. 2012-14, codified at Chapter 22,Collier County
Code of Laws and Ordinances, is hereby amended by the following administrative
amendments to the Florida Building Code, Building.
Add a new Sec. 107.6.1 as follows:
107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance
Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to
issue permits, to rely on inspections, and to accept plans and construction documents on
the basis of affidavits and plans submitted pursuant to - i. 105.14 and Section
107.6, shall not extend to the flood load and flood resistance construction requirements
of the Florida Building Code.
Add a new Sec. 117 as follows:
117 VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to section 553.73(5), F.S., the variance
procedures adopted in the local floodplain management ordinance shall apply to
requests submitted to the Building Official for variances to the provisions of Section
1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of
the Florida Building Code, Residential. This section shall not apply to Section 3109 of
the Florida Building Code, Building.
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 is negligible in regard to the local technical
amendments because all development has been subject to the requirements of the local
floodplain management ordinance adopted for participation in the National Flood Insurance
Program. In terms of lower potential for flood damage, there will be continued savings and
benefits to consumers.
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[Passed initial State review and being reviewed by County Attorney Office]
SECTION 5. APPLICABILITY.
For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated
areas of Collier county. This ordinance shall apply to all applications for development, including
building permit applications and subdivision proposals, submitted on or after(insert date).
SECTION 6. REPEALER.
Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of
any conflict. This ordinance specifically repeals and replaces the following ordinance(s) and
regulation(s): Collier County Ordinance No. 2011-07, as amended.
SECTION 7. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the Board of County Commissioners that the provisions of this ordinance shall
become and be made a part of the Collier County Code of Laws and Ordinances, and that the
sections of this ordinance may be renumbered or relettered and the word "ordinance" may be
changed to "section," "article," "regulation," or such other appropriate word or phrase in order to
accomplish such intentions.
SECTION 8. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity
of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 9. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Florida Department of State.
PASSED and DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of , 2013.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, CHAIRWOMAN
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
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[Passed initial State review and being reviewed by County Attorney Office]
Jeffrey A. Klatzkow
County Attorney
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ORDINANCE NO. 2011 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 86-28,
AS AMENDED, RELATING TO FLOOD DAMAGE PREVENTION, IN
ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE
REGULATIONS AND POLICIES SET FORTH IN THE STATE OF
FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE;
PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR ACRONYMS
AND DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS;
PROVIDING FOR ADMINISTRATION; PROVIDING FOR PROVISIONS
FOR FLOOD HAZARD REDUCTION; PROVIDING FOR VARIANCE
PROCEDURES; PROVIDING FOR REPEAL OF ORDINANCE NO. 86-28,
AS AMENDED, IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the Collier County Board of County Commissioners(Board)seeks to protect
the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public including Flood damage
prevention ordinances; and
WHEREAS, the Board had previously adopted a Flood Damage Prevention Ordinance
through Ordinance No. 86-28,which was subsequently amended by Ordinance Nos. 87-80, 90-31,
and 2005-51; and
WHEREAS, the Board desires to replace, to the extent applicable, Collier County's
current Flood Damage Prevention Ordinance with the regulations and policies set forth in the State
of Florida Model Flood Damage Prevention Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE,
AND OBJECTIVES
A. STATUTORY AUTHORIZATION.
The Legislature of the State of Florida has authorized and delegated in Chapter 125, Florida
Statutes, the responsibility of local government units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry. Therefore, the Board of County
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Commissioners of Collier County does hereby adopt the following Floodplain management
regulations.
B. FINDINGS OF FACT.
(1) The Flood hazard areas of Collier County are subject to periodic inundation from intense
rain storms and/or tropical cyclone storm surge, which could result in loss of life and
property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for Flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety and general welfare.
(2) These Flood losses are caused by the cumulative effect of obstructions in Floodplains
causing increases in Flood heights and velocities, and by the occupancy in Flood hazard
areas by uses vulnerable to Floods or hazardous to other lands which are inadequately
elevated, Flood-proofed or otherwise unprotected from Flood damages.
C. STATEMENT OF PURPOSE.
It is the purpose of this Ordinance to save lives, promote the public life health, safety and general
welfare and minimize public and private losses due to Flood conditions in specific areas by
provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or
erosion hazards, which result in damaging increases in erosion or in Flood heights and
velocities;
(2) Require that uses vulnerable to Floods including facilities which serve such uses be
protected against Flood damage throughout their intended life span;
(3) Control the alteration of natural Floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of Floodwaters;
(4) Control filling, grading, dredging and other Development which may increase erosion or
Flood damage; and
(5) Prevent or regulate the construction of Flood barriers which will unnaturally divert
Floodwaters or which may increase Flood hazards to other lands.
D. OBJECTIVES.
The objectives of this Ordinance are to:
(1) Protect human life, health and to eliminate or minimize property damage;
(2) Minimize expenditure of public money for costly Flood control projects;
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(3) Minimize the need for rescue and relief efforts associated with Flooding and generally
undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and public utilities such as water and gas mains,
electric, telephone and sewer lines, roadways, and bridges and culverts located in
Floodplains;
(6) Maintain a stable tax base by providing for the sound use and Development of Flood-prone
areas in such a manner as to minimize Flood blight areas; and
(7) Ensure that potential homebuyers are notified that property is in a Special flood hazard
area.
SECTION TWO: ACRONYMS AND DEFINITIONS.
A. ACRONYMS
BFE Base flood elevation
CCCL Coastal Construction Control Line
CFR Code of Federal Regulations
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Map
FIS Flood Insurance Study
NAVD North American Vertical Datum
NFIP National Flood Insurance Program
NGVD National Geodetic Vertical Datum
SFHA Area of special flood hazard or Special flood hazard area
SWEL Stillwater flood elevation
WSWT Wet season water table
B. DEFINITIONS.
Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so
as to give them the meaning they have in common usage and to give this Ordinance its most
reasonable application. All definitions used in this Flood Damage Prevention Ordinance are only
applicable to this Ordinance and do not supersede any other Land Development Code definitions.
Accessory structure means a Structure that is located on the same parcel of property as the
principal Structure and the use of which is incidental to the use of the principal Structure.
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Accessory structures should constitute a minimal investment, may not be used for human
habitation, and be designed to have minimal Flood damage potential.
Appeal means a request for a review of the Floodplain Administrator's interpretation of any
provision of this Ordinance or a request for a Variance.
Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance
Rate Map (FIRM) with Base flood depths from one to three feet where a clearly defined channel
does not exist, where the path of Flooding is unpredictable and indeterminate, and where velocity
flow may be evident. Such Flooding is characterized by ponding or sheet flow.
Area of special flood hazard(SFHA) is the land in the Floodplain within a community subject to a
one- percent or greater chance of Flooding in any given year. This term is synonymous with the
phrase "Special flood hazard area." The area is designated on the FIRM for all Flood zones
beginning with the letter "V" or "A".
Base flood means the Flood having a one percent chance of being equaled or exceeded in any
given year (also called the "100-year Flood" and the "regulatory Flood"). Base flood is the term
used throughout this Ordinance.
Base Flood Elevation (BFE) means the water-surface elevation associated with the Base flood.
Basement means any portion of a Building having its floor sub-grade (below ground level) on all
sides.
Breakaway wall means a wall that is not part of the structural support of the Building and is
intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the Building or the supporting foundation
system.
Building—see "Structure".
Coastal construction control line (CCCL) means the landward extent of that portion of the
beach-dune system which is subject to severe fluctuations based upon a 100-year storm surge,
storm waves, or other predictable weather conditions as established by the Florida Department of
Environmental Protection on June 28, 1989, in accordance with F.S. § 161.053, as amended or
superseded.
Coastal high hazard area means an SFHA extending from offshore to the inland limit of a Primary
frontal dune along an open coast and any other area subject to high velocity wave action from
storms or seismic sources. The area is designated on the FIRM, as Zone V1 - V30, VE, or V.
Compensatory storage means the volume of water storage provided to replace the volume of water
displaced by construction activity within the designated floodplain. The volume is calculated for
the vertical distance between the WSWT and the BFE.
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Cosmetic repair means the cleaning, sanitizing and resurfacing (e.g. sanding, repair of joints,
repainting) of a Flood damage-resistant material.
Datum means a reference surface used to ensure that all elevation records are properly related. The
current national Datum is the North American Vertical Datum (NAVD) of 1988. The National
Geodetic Vertical Datum (NGVD) of 1929 is no longer supported by the National Geodetic
Survey.
Development means any man-made change to improved or unimproved real estate, including, but
not limited to Buildings or other Structures,mining, dredging,filling, grading,paving,excavating,
drilling operations, or storage of materials or equipment.
Development permit means, for the purposes of this Ordinance, the local site Development or
Building permit, as applicable, (i.e., any County authorization which must be approved by the
County prior to proceeding with any "Development"). A review of a development permit in order
to determine compliance with this Ordinance will not result in a separate fee or review process.
Elevated building means a non-Basement Building built to have the lowest floor elevated above
the ground level by foundation walls, posts, piers, columns, pilings, or shear walls.
Existing Construction means, for the purposes of Floodplain management, Structures for which
"the Start of construction" commenced before September 4, 1979. Existing construction, means
for the purposes of determining Flood insurance premium rates, Structures for which the "Start of
construction" commenced before September 14, 1979. This term may also be referred to as
"existing Structures".
Existing manufactured home park or subdivision means a Manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the Manufactured homes are
to be affixed (including at a minimum the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads)was completed before September 4, 1979.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the Manufactured
homes are to be affixed(including the installation of utilities,the construction of streets, and either
final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA) means the federal agency under which the
National Flood Insurance Program(NFIP) is administered. In March 2003, FEMA became part of
the newly created U.S. Department of Homeland Security.
Flood or Flooding means:
(a) A general and temporary condition of partial or complete inundation of normally
dry land areas from:
(1) The overflow of inland or tidal waters.
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(2) The unusual and rapid accumulation or runoff of surface waters from any
source.
(3) Mudslides (i.e., mudflows) which are proximately caused by Flooding as
defined in paragraph(a)(2)of this definition and are akin to a river of liquid
and flowing mud on the surface of normally dry land areas,as when earth is
carried by a current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along a shore of a lake or other body of water as
the result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm or by an
unanticipated force of nature such as a flash Flood or an abnormal tidal surge or by
some similarly unusual and unforeseeable event which results in Flooding as
defined in paragraph (a)(1) of this definition.
Flood damage-resistant material means any building product (material, component or system)
capable of withstanding direct and prolonged(at least 72 hours) contact with Floodwaters without
sustaining significant damage that requires more than Cosmetic repair. To be considered as a
Flood damage-resistant material, it must not cause degradation of adjacent materials or the
systems of which the material is a part.
Flood Insurance Rate Map (FIRM) means an official map of the community, issued by FEMA,
which delineated both the SFHA and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) means the official hydrology and hydraulics report provided by
FEMA.The study contains an examination, evaluation, and determination of Flood hazards, and if
appropriate, corresponding Water surface elevations, or an examination, evaluation, and
determination of mudslide (i.e.,mudflow)and other Flood-related erosion hazards. The study may
also contain Flood profiles, as well as the FIRM, and other related data and information.
Floodplain means any land area susceptible to being inundated by water from any source (see
definition of"Flood or Flooding").
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing Flood damage and preserving and enhancing, where possible, natural
resources in the Floodplain, including but not limited to emergency preparedness plans, Flood
controls works, Floodplain management regulations, and open space plans.
Floodplain Administrator is the individual appointed to administer and enforce the Floodplain
management regulations of the community. That individual is the Co unty Manager, or his
designee. As of the adoption of this Ordinance, the Deputy Administrator of the Growth
Management Division is the County Manager's designee. The County Manager may only change
such designation in writing.
Floodplain management regulations means this Ordinance and other zoning ordinances,
subdivision regulations, Building codes, health regulations, special purpose ordinances (such as a
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Floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of
police powers which control Development in Flood-prone areas. This term describes Federal,
State of Florida, or local regulations in any combination thereof, which provide standards for
preventing and reducing Flood loss and damage.
Floodproofing means any combination of structural and non-structural additions, changes, or
adjustments to Structures, which reduce or eliminate Flood damage to real estate or improved real
property, water and sanitary facilities, Structures and their contents.
1. Dry Floodproofing utilizes construction materials, and techniques able to withstand
the hydrostatic and hydrodynamic loads and buoyancy forces that would be caused
by Flood depths, pressures, velocities, impact, and uplift forces associated with the
Base flood and keep Floodwaters from entering the Building up to the BFE.
2. All areas of the Building components below the BFE must be water tight with walls
substantially impermeable to the passage of water, and contain an internal seepage
collection, control and discharge system capable of operating during periods of
electrical power loss.
3. The internal seepage collection, control and discharge system (e.g., sump pump)
must be capable of handling an allowable seepage rate for the entire Building up to
four (4) inches of water depth during a 24-hour period (103 gallons/hour/1,000
square feet).
4. In designing the Building to be substantially impermeable, the allowable seepage
calculation assumes that the internal seepage collection, control and discharge
system is not in place and functioning, so it cannot be used in the calculations to
offset the leakage to below four(4) inches per 24 hours.
5. For existing Buildings where no internal seepage collection, control and discharge
system was provided, the maximum allowable seepage rate for the entire Building
is one quarter (1/4) inch of water depth during a 24-hour period (6.5
gallons/hour/1,000 square feet).
6. Flood damage-resistant materials must be used in all areas where such seepage is
likely to occur.
7. The Building's utilities and sanitary facilities, including heating, air conditioning,
electrical, water supply, and sanitary sewage services, must be located above the
BFE, completely enclosed within the Building's watertight walls or made
watertight and capable of resisting damage during Flood conditions.
8. Dry Floodproofing components for openings through the substantially
impermeable walls (e.g., doors, windows, etc.) must be installed within four (4)
hours after issuance of a Flood warning or a hurricane warning by the National
Hurricane Center.
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9. Wet Floodproofing utilizes Flood damage-resistant materials and techniques able
to withstand prolonged submergence without damage and readily allow
Floodwaters to enter and leave the Building up to the BFE.
Floodway means the channel of a river or other Watercourse and the adjacent land areas that must
be reserved in order to discharge the Base flood without cumulatively increasing the Water surface
elevation more than a designated height. There are no FEMA designated Floodways in Collier
County, Florida.
Floodway fringe means that area of the one-percent(base or 100-year)Floodplain on either side of
the Floodway.
Florida Building Code means the family of codes adopted by the Florida Building Commission,
including:Florida Building Code, Building;Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.
Freeboard means the additional height, usually expressed as a factor of safety in feet, above a
Flood level for purposes of Floodplain management. Freeboard tends to compensate for many
unknown factors, such as wave action, blockage of bridge or culvert openings and hydrological
effect of urbanization of the watershed, which could contribute to Flood heights greater than the
heights calculated for a selected frequency Flood and Floodway conditions.
Free of Obstruction means that any type of lower area enclosure or other construction element will
not obstruct the flow of velocity water and wave action beneath the lowest horizontal structural
member of the Lowest floor of an Elevated building during a Base flood event. This requirement
applies to the Structures in velocity zones (V-Zones).
Functionally dependent use means a use which cannot be used for its intended purpose unless it is
located or carried out in close proximity to water, and includes only a docking or port facility
necessary for the loading and unloading of cargo or passengers, shipbuilding or ship repair. The
term does not include long-term storage, manufacture, sales, or service facilities.
Hardship as related to Variances from this Ordinance means the exceptional Hardship associated
with the land that would result from a failure to grant the requested Variance. The community
requires that the Variance is exceptional, unusual, and peculiar to the property involved. Mere
economic or financial Hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps,personal preferences, or the disapproval of one's neighbors likewise cannot, as
a rule, qualify as an exceptional Hardship. All of these problems can be resolved through other
means without granting a Variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a different use than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface,prior to the Start
of construction, next to the proposed walls of a Structure.
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Historic Structure means any Structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
c) Individually listed on the Florida inventory of historic places which has been approved by
the Secretary of the Interior; or
d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
1. By the approved Florida program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior.
Lowest floor means the Lowest floor of the lowest enclosed area(including Basement).
An unfinished or Flood-resistant enclosure, used solely for parking of vehicles, Building
access, or storage, in an area other than a Basement, is not considered a Building's Lowest
floor, provided that such enclosure is not built so as to render the Structure in Violation of
the applicable non-elevation design standards of this Ordinance.
Mangrove stand means an assemblage of mangrove trees which are mostly low trees noted for a
copious Development of interlacing adventitious roots above ground and which contain one or
more of the following species: Black mangrove (Avicennia germinans); red mangrove
(Rhizophora mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus
erecta).
Manufactured home means a Building, transportable in one or more sections, which is built on a
permanent chassis and designed to b e used wi th or without a pe rmanent foundation when
connected to the required utilities. The term also includes park trailers, travel trailers, and similar
transportable Structures placed on a site for 180 consecutive days or longer and intended to be
improved property.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided
into two or more Manufactured home lots for rent or sale.
Market value means the Building value, which is the property value excluding the land value and
that of the detached Accessory structures and other improvements on site (as agreed to between a
willing buyer and seller)as established by what the local real estate market will bear. Market value
can be established by an independent certified appraisal(other than a limited or curbside appraisal,
or one based on income approach), Actual Cash Value (replacement cost depreciated for age and
quality of construction of Building), or adjusted tax-assessed values.
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Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference
for establishing various elevations within the Floodplain. For purposes of this Ordinance, the term
is synonymous with the NAVD of 1988.
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference
for establishing varying elevations within the Floodplain. Existing elevation information based
upon NGVD and used for Floodplain purposes prior to the effective date of this Ordinance may
continue to be used provided there is also converted elevation information based upon NAVD.
After the effective date of this Ordinance, all elevation information submitted with a Development
permit shall utilize NAVD.
New construction means, for Floodplain management purposes, any Structures for which the Start
of construction commenced on or after September 4, 1979. The term also includes any subsequent
improvements to such Structures. For Flood insurance rates, Structures for which the Start of
construction commenced on or after September 14, 1979, and includes any subsequent
improvements to such Structures.
New manufactured home park or subdivision means a Manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the Manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after September 4,
1979.
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference for
establishing varying elevations within the Floodplain.
Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the beach and
subject to erosion and overtopping from high tides and waves during major coastal storms. The
inland limit of the Primary frontal dune occurs at the point where there is a distinct change from a
relatively steep slope to a relatively mild slope.
Professional engineer means an engineer registered and/or licensed by the State of Florida to
practice engineering in Florida.
Professional land surveyor or professional surveyor and mapper means a surveyor registered
and/or licensed by the State of Florida to engage in the practice of land surveying in Florida.
Program deficiency means a defect in the community's Floodplain management regulations or
administrative procedures that impairs effective implementation of those Floodplain management
regulations or of the standards required by the National Flood Insurance Program.
Public safety means anything which is not injurious to safety or health of the entire community or
a neighborhood, or any considerable number of persons, or does not unlawfully obstruct the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
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Reasonably safe from flooding means Base floodwaters will not inundate the land or damage
Structures to be removed from the SFHA and that any subsurface waters related to the Base flood
will not damage existing or proposed Buildings.
Recreational vehicle means a vehicle that is:
a) Built on a single chassis;
b) 400 square feet or less when measured at the largest horizontal projection;
c) Designed to be self-propelled or permanently towable by a light duty truck; and
d) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Registered architect means an architect registered and/or licensed by the State of Florida to
practice architecture in Florida.
Regulatory floodway—see "Floodway".
Riverine means relating to, formed by, or resembling a river(including tributaries), stream,brook,
etc. where the source of water originates from rainfall and not coastal surge.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Shallow flooding- see Area of shallow flooding.
Special flood hazard area (SFHA) —see Area of special flood hazard.
Start of construction for other than New construction and Substantial improvements under the
Coastal Barrier Resources Act P.L. 97-348, includes Substantial improvement, and means the date
the Building permit was issued,provided the actual Start of construction,repair,reconstruction, or
improvement was within 180 days of the permit date. The actual start means the first placement of
permanent construction of a Building (including a Manufactured home) on a site, such as the
pouring of slabs or footings,installation of piles, construction of columns, or any work beyond the
stage of excavation or placement of a Manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation for a Basement,
footings, piers or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory Buildings, such as garages or sheds not occupied as
dwelling units or not part of the main Building. For Substantial improvement, the actual Start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of a
Building, whether or not that alteration affects the external dimensions of the Building.
Stemwall foundation means a concrete or masonry wall extending from the footing to above grade
or base flood elevation. The enclosed area within the vertical walls is filled with compacted
material and slab poured over fill and vertical wall.
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Stillwater flood elevation (SWEL) means the Flood level resulting from astronomical tides and
storm surge Flooding during a projected 1-percent-annual-chance Flood, or Base flood. The
SWEL does not include wind driven waves which ride on top of the SWEL.
Structure means, for Floodplain management purposes, a walled and roofed Building, including
gas or liquid storage tank that is principally above ground, as well as a Manufactured home.
Substantial damage means damage of any origin sustained by a Structure whereby the cost of
restoring the Structure to its before damaged condition would equal or exceed 50 percent of the
Market value of the Structure before the damage occurred.
Substantial improvement means any reconstruction,rehabilitation,addition, or other improvement
of a Structure, the cost of which equals or exceeds 50 percent of the Market value of the Structure
before the "Start of construction" of the improvement. This term includes Structures that have
incurred "Substantial damage" regardless of the actual repair work performed. This term does not,
however, include any repair or improvement of a Structure to correct existing Violations of State
of Florida or local health, sanitary, or safety code specifications,which have been identified by the
local code enforcement official prior to the application for permit for improvement, and which are
the minimum necessary to assure safe living conditions. This term does not include any alteration
of a Historic structure provided that the alteration will not preclude the Structure's continued
designation as a Historic structure.
Substantially improved existing manufactured home parks or subdivisions is where the repair,
reconstruction,rehabilitation or improvement of the streets,utilities and pads equals or exceeds 50
percent of the value of the streets, utilities and pads before the repair, reconstruction or
improvement commenced.
Temporary housing: Typically provided by FEMA or the Florida Division of Emergency
Management (FDEM) in accordance with guidance noted in the Stafford Act and/or the
Post-Katrina Emergency Management Reform Act and similar laws. FEMA or the Florida
Division of Emergency Management may provide housing resources via its contractor or other
approved agency such as the U.S. Department of Housing and Urban Development and others to
provide for emergency housing including but not limited to: modular homes, mobile homes,
component homes, cottages, camper trailers, or some other type of temporary living quarters
intended to house displaced residents impacted by a natural or man-made disaster event for periods
not exceeding(18)eighteen months unless extended by the Board of County Commissioners. Such
Temporary housing efforts may be excluded from the Floodplain regulation(s) in light of the
urgent need for Temporary housing. Such exclusions may further require an emergency
notification and evacuation plan to be completed to ensure the safety of the occupants of the
Temporary housing efforts. This emergency notification and evacuation plan will be approved by
the Collier County Department of Emergency Management within 30 days of occupancy within
the Temporary housing efforts.
Variance is a grant of relief from the requirements of this Ordinance.
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Violation means the failure of a Structure or other Development to be fully compliant with the
requirements of this Ordinance. A Structure or other Development without the elevation
certificate, other certifications, or other evidence of compliance required in this Ordinance is
presumed to be in Violation until such time as that documentation is provided.
Watercourse means the channel and banks of a lake, river, creek, stream, wash, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial Flood damage may occur. The Watercourse does
not include the adjoining Floodplain areas.
Waterway means an area within the Riverine(not coastal surge)portion of the SFHA with depth of
Flooding equal to, or greater than, three (3) feet.
Water surface elevation means the height, in relation to the NAVD of 1988, of Floods of various
magnitudes and frequencies in the Floodplains of coastal or Riverine areas.
Wet season water table elevation (WSWT) means the elevation, in relation to the NAVD of 1988,
of the groundwater during that period of time each year in which the upper surface of the
groundwater, or that level below which the soil or underlying rock material is wholly saturated
with water, can normally be expected to be at its highest level. Water table elevation is measured
from the soil surface downward to the upper level of saturated soil or upward to the free water
level. The WSWT may be determined using the South Florida Water Management District's
methodology for determining the seasonal high water table contained in the District's
Environmental Resource Permit Information Manual Volume IV (September 2010, as may be
amended), pages CA-1—CA-7, or other methodology as approved by the Florida Department of
Environmental Protection.
Zone A means the Flood insurance rate zone used for 1-percent-annual-chance (Base flood)
Floodplains that are determined for the FIS by approximate methods of analysis. Because detailed
hydraulic analyses are not performed for such areas, no BFEs or depths are shown in this zone.
Mandatory Flood insurance purchase requirements apply. This term should not be confused with
the term "A-Zones" which means all Flood zones starting with the letter "A".
Zone AE means the Flood insurance rate zone used for the 1-percent-annual-chance Floodplains
that are determined for the FIS by detailed methods of analysis. In most instances, BFEs derived
from the detailed hydraulic analyses are shown at selected intervals in this zone. Mandatory Flood
insurance purchase requirements apply. AE zones are also coastal areas of inundation by the
1-percent-annual-chance Flood,including areas with the 2-percent wave run-up elevation less than
3.0 feet above the ground, and areas with wave heights less than 3.0 feet. These areas are
subdivided into elevation zones with BFEs assigned. The AE zone will generally extend inland to
the limit of the 1-percent-annual-chance Stillwater flood elevation(SWEL).
Zone AH means the Flood insurance rate zone used for areas of 1-percent-annual-chance Shallow
flooding from rainfall with a constant water-surface elevation (usually areas of ponding) where
average depths are between 1 and 3 feet. BFEs derived from detailed hydraulic analyses are shown
at selected intervals within this zone. Mandatory Flood insurance purchase requirements apply.
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Zone D means the Flood insurance rate zone for areas where there are possible but undetermined
Flood hazards. In areas designated as Zone D, no analysis of Flood hazards has been conducted.
Flood insurance is optional and available, and the Flood insurance rates for properties in Zone D
are commensurate with the uncertainty of the Flood risk.
Zone X means the Flood insurance rate zone for areas outside the 1-percent-annual-chance
Floodplain. No BFEs or depths are shown in this zone, and mandatory Flood insurance purchase
requirements do not apply. Flood insurance is optional and available. Zone X is typically divided
into two sub-regions known as:
• Zone X (Shaded) which represents the area outside of the 1-percent annual chance
Floodplain but within the 0.2-percent annual chance Floodplain, and
• Zone X(Unshaded)which represents the area outside of the 0.2-percent annual chance
Floodplain.
Zone VE means the Flood insurance rate zone for Coastal high hazard areas where wave action
and/or high-velocity water can cause structural damage during the Base flood. They are
subdivided into elevation zones with BFEs assigned. Mandatory Flood insurance purchase
requirements apply.
SECTION THREE: GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all SFHAs, and includes lowest floor elevation requirements for
non-SFHAs as noted for Building Lowest Floor and Slab Minimum Elevations for all areas of
Collier County [see Section 5(A)(16)], within the jurisdiction of the Board of County
Commissioners of Collier County, Florida.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated Areas,
dated May 16, 2012, with the accompanying maps and other supporting data, and any subsequent
revisions through Letters of Map Revision—Based on Fill, Letters of Map Revision, and Physical
Map Revisions,are adopted by reference and declared to be a part of this Ordinance. The FIS and
DFIRM are on file at the office of the Clerk to the Board of County Commissioners located at the
County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th Floor,Naples, FL 34112.
C. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Board of County Commissioners of Collier County, Florida, hereby appoints the County
Manager or designee to administer and implement the provisions of this Ordinance and is herein
referred to as the Floodplain Administrator.
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D. ESTABLISHMENT OF DEVELOPMENT PERMIT.
A Development permit shall be required in conformance with the provisions of this Ordinance
prior to the commencement of any Development activities.
E. COMPLIANCE.
No Structure or land shall hereafter be located, extended, converted or structurally altered without
full compliance with the terms of this Ordinance and other applicable regulations.
F. ABROGATION AND GREATER RESTRICTIONS.
This Ordinance is not intended to repeal, abrogate, or impair any existing easements,covenants, or
deed restrictions. However, where this Ordinance and another conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
G. INTERPRETATION.
In the interpretation and application of this Ordinance all provisions shall be:
(1) Considered as minimum requirements; and
(2) Deemed neither to limit nor repeal any other powers granted under State of Florida
Statutes.
H. WARNING AND DISCLAIMER OF LIABILITY.
The degree of Flood protection required by this Ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger Floods can and will
occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
Ordinance does not imply that land outside the SFHA or uses permitted within such areas will be
free from Flooding or Flood damages. This Ordinance shall not create liability on the part of the
Board of County Commissioners of Collier County, Florida,or by any officer or employee thereof
for any Flood damages that result from reliance on this Ordinance or any administrative decision
lawfully made thereunder.
I. PENALTIES FOR VIOLATION.
Violation of the provisions of this Ordinance, including Violation of conditions and safeguards
established in connection with grants of Variance or special exceptions, shall be punishable as
provided in the Collier County Consolidated Code Enforcement Ordinance as it may be amended
or replaced.
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J. FLORIDA BUILDING CODE COMPLIANCE
All Development regulated by this Ordinance shall meet or exceed the requirements of the current
Florida Building Code, including the requirements of referenced publications within the current
Florida Building Code. In the event that requirements stated within this Ordinance conflict with
the current Florida Building Code, the requirements of the current Florida Building Code shall
supersede.
SECTION FOUR: ADMINISTRATION.
A. PERMIT PROCEDURES.
Application for a Development Permit shall be reviewed by the Floodplain Administrator on forms
furnished by him or her prior to any Development activities,and may include,but not be limited to,
the following plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed Structures, earthen fill, storage of materials
or equipment, drainage facilities, and the location of the foregoing.
Specifically,the following information is required:
(1) Application Stage:
(a) Elevation in relation to Mean sea level (NAVD) of the proposed Lowest floor
(including Basement) of all Buildings;
(b) Elevation in relation to Mean sea level (NAVD) to which any non-residential
Building will be Floodproofed;
(c) Certificate from a Professional engineer or Registered architect that the
non-residential Floodpro ofed Building will meet the Floodproofing criteria in
SECTION FOUR, A (2) and SECTION FIVE, B (2);
(d) Description of the extent to which any Watercourse will be altered or relocated as a
result of proposed Development; and
(e) Elevation in relation to Mean sea level (NAVD) of the bottom of the lowest
horizontal structural member of the Lowest floor and provide a certification from a
Professional engineer or Registered architect indicating that they have developed
and/or reviewed the structural designs, specifications and plans of the construction
and certified that they are in accordance with accepted standards of practice in
Coastal high hazard areas.
(2) Construction Stage:
Upon placement of the Lowest floor, or Floodproofing by whatever construction means, or
bottom of the lowest horizontal structural member, it shall be the duty of the permit holder
to submit to the Floodplain Administrator a certification of the NAVD elevation of the
Lowest floor or Floodproofed elevation, or bottom of the lowest horizontal structural
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member of the Lowest floor as built, in relation to Mean sea level. Said certification shall
be prepared by or under the direct supervision of a Professional land surveyor or
Professional engineer and certified by same. When Floodproofing is utilized for a
particular Building said certification shall be prepared by or under the direct supervision of
a Professional engineer or Registered architect and certified by same. Any work
undertaken prior to submission of the certification shall be at the permit holder's risk. The
Floodplain Administrator shall review the L owest floor and Floodproo fing elevation
survey data submitted. The permit holder immediately and prior to further progressive
work being permitted to proceed shall correct Violations detected by such review. Failure
to submit the survey or failure to make said corrections required hereby shall be cause to
issue a stop-work order for the project.
B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
Duties of the Floodplain Administrator or staff over which the Floodplain Administrator has
supervisory and assigned responsible charge, shall include, but not be limited to:
(1) Determine which Development Permits require review in order to determine if the terms of
this Ordinance are applicable. Criteria used in making such determination includes,but is
not limited to:
a. The location of the proposed development is within the SFHA;
b. The type of development will have a direct impact to the Floodplain;
c. The development conflicts with restrictions applicable to this Ordinance.
(2) Review permits to assure sites are Reasonably safe from Flooding;
(3) Review all Development permits,including the review of certified plans and specifications
for complianc e, to v erify that the p ermit requir ements of this 0 rdinance h ave b een
satisfied;
(4) Notify adjacent communities, the Florida Department of Community Affairs — Division
of Emergency Management — NFIP Coordinating Office, the South Florida Water
Management District, FEMA, and other Federal and/or State of Florida agencies with
statutory or regulatory authority prior to any alteration or relocation of a Watercourse;
(5) Verify that the Flood-carrying capacity within the altered or relocated portion of any
Watercourse is maintained;
(6) Verify and record the actual elevation(in relation to NAVD)of the Lowest floor(A-Zones)
or bottom of the lowest horizontal structural member of the Lowest floor (V-Zones) of all
new and substantially improved Buildings, in accordance with SECTION FIVE, B (1) and
(2) and E (2), respectively;
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(7) Verify and record the actual elevation (in relation to NAVD) to which the new and
substantially improved Buildings have been Floodproofed, in accordance with SECTION
FIVE, B (2);
(8) Interpret the exact location of the boundaries of the SFHA. When there appears to be a
conflict between a mapped boundary and actual field conditions, the Floodplain
Administrator shall make the necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to Appeal the interpretation as
provided in Section Six of this Ordinance;
(9) When BFE data and Floodway data have not been provided in accordance with SECTION
THREE, B, the Floodplain Administrator shall obtain, review and reasonably utilize any
BFE and Floodway data available from a Federal, State of Florida, or any other source, in
order to administer the provisions of SECTION FIVE;
(10) Coordinate all change requests to the FIS and FIRM with the requestor, State of Florida,
and FEMA;
(11) Where BFE is utilized, obtain and maintain records of Lowest floor and Floodproofing
elevations for New construction and Substantial improvements in accordance with
SECTION FIVE, B (1) and (2), respectively;
(12) Grant waivers with respect to location and BFE requirements when emergency post
disaster Temporary housing resources are needed in Temporary housing missions
supported by FEMA, Florida Division of Emergency Management, Collier County
Emergency Management and its designees for a period not to exceed eighteen(18)months
unless extended by the Board of County Commissioners; and
(13) Facilitate permitting or assist in waivers imposed by other agencies to allow for the
emergency deployment of Temporary housing supported by FEMA, Florida Division of
Emergency Management and Collier County Emergency Management and its designees.
(14) As soon as practicable, but not later than six months after the date such information
becomes available, notify FEMA of physical changes affecting flooding conditions by
submitting technical or scientific data in accordance with 44 CFR 65.3.
SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. GENERAL STANDARDS.
In all SFHA, all Development sites including New construction and Substantial
improvements shall be Reasonably safe from Flooding by meeting the following
provisions:
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(1) New construction and Substantial improvements shall be designed or modified and
adequately anchored to prevent flotation, collapse, and lateral movement of the
Structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
(2) New construction and Substantial improvements shall be constructed with
materials and utility equipment resistant to Flood damage as supported by the
current Florida Building Code and FEMA Technical Bulletins;
(3) New construction and Substantial improvements shall be constructed by methods
and practices that minimize Flood damage, as supported by the current Florida
Building Code and FEMA Technical Bulletins.
(4) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral
movement. Methods of anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This standard shall be in accordance
with the manufacturer's specifications in addition to and consistent with applicable
State of Florida requirements for resisting wind forces;
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment and other
service facilities, including duct work, shall be located above the BFE or designed
so as to prevent water from entering or accumulating within the components during
conditions of Flooding;
(6) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of Floodwaters into the system so as to meet or exceed the
minimum requirements of the Collier County Utilities Standards Manual and all
other applicable codes and regulations;
(7) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of Floodwaters into the systems and discharges from the
systems into Floodwaters so as to meet or exceed the minimum requirements of the
Collier County Utilities Standards Manual and all other applicable codes and
regulations;
(8) On-site waste disposal (septic) systems shall be located and constructed to avoid
impairment to them or contamination from them during Flooding so as to meet or
exceed the minimum requirements of the Collier County Department of Health and
all other applicable codes and regulations;
(9) Any alteration, repair, reconstruction or improvements to a Building that is in
compliance with the provisions of this Ordinance shall meet the requirements of
New construction for that alteration, repair, reconstruction or improvement as
contained in this Ordinance;
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(10) Any alteration, repair, reconstruction or improvements to a Building that is not in
compliance with the provisions of this Ordinance, shall be undertaken only if said
non-conformity is not furthered, extended, or replaced;
(11) All applicable additional Federal, State of Florida, and local permits shall be
obtained and submitted to the Floodplain Administrator along with the application
for Development permit. Copies of such permits shall be maintained on file with
the Development permit. State of Florida permits may include,but not be limited to
the following (as may be amended or superseded):
(a) South Florida Water Management District: in accordance with Chapter
373.036, Florida Statutes, Section (2)(a), Flood Protection and Floodplain
Management;
(b) Department of Economic Opportunity: in accordance with Chapter 380.05,
Florida Statutes, Areas of Critical State Concern, and Chapter 553, Part IV,
Florida Statutes, Florida Building Code;
(c) Department of Health: in accordance with Chapter 381.0065, Florida
Statutes, On-site Sewage Treatment and Disposal Systems; and
(d) Department of Environmental Protection, CCCL: in accordance with
Chapter 161.053, Florida Statutes, Coastal Construction and Excavation.
(12) Standards for Subdivision Proposals and other new Proposed Development
(including Manufactured homes):
(a) Proposals shall be consistent with the need to minimize Flood damage;
(b) Proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize or
eliminate Flood damage; and
(c) Proposals shall have adequate drainage provided to reduce exposure to
Flood hazards.
(13) When proposed New construction and Substantial improvements are wholly or
partially located in an SFHA,the entire Structure shall meet the standards for New
construction within an SFHA;
(14) When proposed New construction and Substantial improvements are located in
multiple Flood hazard risk zones or in a Flood hazard risk zone with multiple BFEs,
the entire Structure shall meet the standards for the most hazardous Flood hazard
risk zone and the highest BFE;
(15) When Floodproofing is utilized for a particular Building, certification shall be
obtained from a Professional engineer or Registered architect certifying that all
areas of the Building,together with attendant utilities and sanitary facilities, below
the required elevation are watertight with walls substantially impermeable to the
passage of water and use structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy in compliance
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with SECTION FIVE, B (2) of this Ordinance. In Coastal high hazard areas,
certification shall be obtained from a Professional engineer or Registered architect
that the Building is designed and securely anchored to pilings or columns in order
to withstand velocity waters and hurricane wave wash. Additionally in Coastal
high hazard areas, if the area below the lowest horizontal Structure member of the
Lowest floor is enclosed, it may be done so with open wood or plastic lattice and
insect screening or with non-supporting Breakaway walls that meet the standards of
SECTION FIVE, E (6) of this Ordinance;
(16) Building L owest floor and Slab Minimum Elevations for all areas of Collier
County:
(a) Plans shall show that construction of the Lowest floor meets the elevation
criteria listed below or engineered properly to a site specific design and
certified by a Registered architect or Professional engineer; when conflict
exists between the FIRM Elevation and others,the higher elevation shall be
required:
i. FIRM Elevation - the elevation that has been established by the
Flood Insurance Study (FIS).
ii. Paved Road - a minimum of 18 inches above the crown of the
nearest street or interior finished roadway system if finished with
paving; in the event that the nearest street or interior finished
roadway system is located on an evacuation route, a minimum of 18
inches above the crown of the nearest side street; or
iii. Graded or unfinished Road- 24 inches above the crown if graded or
otherwise unfinished; or
iv. Mean Sea Level—Lowest floors should be no lower than elevation
5.7 feet in relation to NAVD of 1988 [with an allowable exception
for the bottom of the lowest horizontal structural member of the
Lowest floor of accessory structures within the V-Zones as
described in SECTION FIVE(D)(13)(h)]; or
v. Water Management Design-
1. Buildings with projects which have water management
routing and storage facilities designed and built for a
25-year, 3-day storm event in accordance with South Florida
Water Mana gement Dis trict's c riteria ma y use a Lowest
floor elevation in accordance with the project's water
management designed 100-year zero discharge elevation or
the FIRM elevation, whichever is higher.
2. Buildings which are not within projects having water
management storage facilities designed and built for a
25-year, 3-day storm event in accordance with South Florida
Water Management District's criteria shall use a Lowest
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floor elevation of 18 inches above the adjacent roadway
crown elevation or the FIRM elevation,whichever is higher.
(b) On parc els whe re unus ual topogr aphic conditi ons exist and the above
standard conditions cannot be reasonably applied,the Building Official will
consider requests to decrease the Lowest floor elevation. All requests will
require an analysis,by a Professional engineer, of the 25-year,three (3) day
storm event and the 100-year, 3-day storm event using zero discharge, for
the entire discharge, for the entire drainage basin in which the proposed
Structure is located. Reductions may be allowed on the basis of the analysis,
but in no case shall the Lowest floor be less than the FIRM.
(c) Slabs for garages, carports, screen enclosures, etc., must be at least equal in
elevation to the crown of the nearest street.
B. SPECIFIC STANDARDS.
In all A-Zones where BFE data have been provided [Zones AE, A1-30, A(with BFE), and
AH], as set forth in SECTION THREE,B,the following provisions,in addition to those set
forth in SECTION FIVE, A, shall apply:
(1) Residential Construction. All New construction and Substantial improvement of
any residential Building (including Manufactured home) shall have the lowest
floor, including Basement, elevated to no lower than the BFE. Should solid
foundation perimeter walls be used to elevate a Structure,there must be a minimum
of two openings on different sides of each enclosed area sufficient to facilitate
automatic equalization of Flood hydrostatic forces in accordance with standards of
SECTION FIVE, B (3).
(2) Non-Residential Construction. All New construction and Substantial improvement
of any commercial, industrial,or non-residential Building(including Manufactured
home) shall have the lowest floor, including Basement, elevated to no lower than
the BFE. All commercial, industrial, or non-residential Buildings located in
A-Zones may be Floodproofed, in lieu of being elevated, provided that all areas of
the Building components, together with attendant utilities and sanitary facilities,
below the BFE are watertight with walls substantially impermeable to the passage
of water, and use structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy. [NOTE:
Floodproofing to just the BFE will result in a higher Flood insurance premium rate
for the Structure because the Flood insurance policy requires rating a Structure at
one foot below the Floodproofing elevation.] A Professional engineer or Registered
architect shall certify that the standards of this subsection are satisfied using the
FEMA Floodproofing Certificate. Such certification along with the corresponding
engineering data, and the operational and maintenance plans shall be provided to
the Floodplain Administrator.
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(3) Enclosures below the lowest floor. New construction and Substantial
improvements that include fully enclosed areas formed by foundation and other
exterior walls below the Lowest floor elevation shall be designed 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
Professional engineer or Registered architect or meet or exceed the
following minimum criteria:
(i) Provide a minimum of two openings on different sides of each
enclosed area having a total net area of not less than one square inch for
every square foot of enclosed area subject to Flooding;
(ii) The bottom of all openings shall be no higher than one foot above
adjacent interior grade (which must be equal to or higher in elevation than
the adjacent exterior grade); and
(iii) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided they provide the required net area of the
openings and permit the automatic flow of Floodwaters in both directions.
(b) Fully enclosed areas below the lowest floor shall solely be used for parking
of vehicles, storage, and Building access. Access to the enclosed area shall
be minimum necessary to allow for parking of vehicles (garage door),
limited storage of maintenance equipment used in connection with the
premises (standard exterior door), or entry to the living area (stairway or
elevator); and
(c) The interior portion of such enclosed area shall not be finished, partitioned
into separate rooms, or temperature-controlled (air conditioned).
(4) Standards for Manufactured Homes and Recreational Vehicles.
(a) All Manufactured homes to be placed, or substantially improved within
Zones A1-30, AI-I, and AE, on sites:
(i) Outside of an Existing 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 on which a
Manufactured home has incurred "Substantial damage" as the result
of a Flood, the Lowest floor shall be elevated on a permanent
foundation to no lower than the BFE and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse,
and lateral movement.
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(b) All Manufactured homes to be placed or substantially improved in an
Existing manufactured home park or subdivision that are not subject to the
provisions of paragraph 4(a) of this subsection, must be elevated so that
either:
(i) The Lowest floor of the Manufactured home is elevated to no lower
than the BFE; or
(ii) The Manufactured home chassis is supported by reinforced piers, or
other foundation elements of at least an equivalent strength,that are
no less than 36 inches in height above the grade and securely
anchored to an adequate foundation system to resist flotation,
collapse, and lateral movement;
(iii) Manufactured or component built temporary homes provided by
FEMA, the Florida Division of Emergency Management or the
Collier County Department of Emergency Management or its
approved contractor or designee may provide post disaster
emergency temporary Manufactured homes or similar resources
within the Floodplain for a period not to exceed eighteen (18)
months unless extended by the Board of County Commissioners.
1. Temporary utility connections for the duration of the
Temporary housing efforts will be allowed in accordance
with provisions authorized by the Building Code Official;
and
2. Such housing when provided must have an emergency
notification and evacuation plan in place within 30 days of
residency in accordance with guidelines imposed by the
FEMA housing administrator or his designee.
(c) All Recreational vehicles must either:
(i) Be on the site for fewer than 180 consecutive days;
(ii) Be fully licensed and ready for highway use (a Recreational vehicle
is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and
security devices and has no permanently attached additions); or
(iii) Meet all the requirements for New construction, including
anchoring and elevation requirements in accordance with
SECTION FIVE, B (4) (a) and (b).
(5) Adequate drainage paths around Structures shall be provided on slopes to guide
water away from Structures within areas of Shallow flooding.
(6) Standards for Waterways with established BFEs, but without Regulatory
Floodways.
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Located within the SFHA established in SECTION THREE, B, where
Watercourses exist for which BFE data has been provided by FEMA without the
delineation of the Regulatory floodway (Zones AE and A1-30), the following
provisions, in addition to those set forth in SECTION FIVE, B (1)through(5) shall
apply.
(a) Until a Regulatory floodway is designated, no New construction,
Substantial improvements, or other Development, including fill, shall be
permitted within the SFHA, unless it is demonstrated that the cumulative
effect of the proposed Development,when combined with all other existing
and anticipated Development, will not increase the Water surface elevation
of the Base flood more than one foot at any point within the community.
(b) Development activities which increase the Water surface elevation of the
Base flood by more than one foot may be allowed, provided that the
developer or applicant first applies — with the community's endorsement
—for a conditional FIRM revision, and receives the approval of FEMA.
(7) For all Structures located seaward of the CCCL, the lowest floor of all New
construction and Substantial improvements shall be elevated to no lower than the
100-year Flood elevation established by the Florida Department of Environmental
Protection or by FEMA in accordance with SECTION THREE, B , whichever is
higher. All non-elevation design requirements of SECTION FIVE, B, shall apply.
(8) Accessory Structures. Accessory uses and Structures support and are subordinate to
the use of a parcel and shall primarily serve those persons regularly and customarily
involved with their use and include only those Structures incidental to a permitted
land use located on the same parcel. Uses identified elsewhere in this Ordinance are
not accessory uses.
(a) Accessory structures shall not be used for any other use than parking of
vehicles and storage.
(b) Accessory structures shall be designed to have low Flood damage potential
(wet Floodproofing).
(c) Accessory structures shall be constructed and placed on the Building site so
as to offer the minimum resistance to the flow of Floodwaters.
(d) Accessory structures shall be firmly anchored to prevent flotation which
may result in damage to other Structures. This is a mandatory measure,
pursuant to 44 CFR Section 60.3(a)(3)(i)
(e) Service facilities such as electrical and heating equipment shall be elevated
at or above the BFE or Floodproofed.
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(f) Openings to automatically equalize flood hydrostatic forces on exterior
walls during the Base Flood shall be provided below BFE in conformance
with 44 CFR Section 60.3(c)(5).
(g) Steel ISO 10'-20'-40' Storage Containers may be positioned on the earth and
anchored as described in SECTION FIVE A (4) above, or secured to piers.
(h) Vertical tool sheds and storage Buildings may be positioned on the earth
and shall be anchored as described in SECTION FIVE A (4), above, or
secured to piers.
C. SPECIFIC STANDARDS FOR A-ZONES WITHOUT BASE FLOOD
ELEVATIONS AND REGULATORY FLOODWAYS.
Located within the SFHA established in SECTION THREE, B,where there exist A-Zones
for which no BFE data and Regulatory floodway have been provided or designated by
FEMA,the following provisions shall apply:
(1) Require standards of SECTION FIVE, A.
(2) Require that all new subdivision proposals and other proposed Developments
(including proposals for Manufactured home parks or subdivisions) greater than 50
lots or 5 acres, whichever is the lesser, include within such proposals BFE data.
Standards set forth in SECTION FIVE, B, shall apply.
(3) The Floodplain Administrator shall obtain, review, and reasonably utilize any BFE
and Floodway data available from a Federal, State of Florida, or any other source,
in order to administer the provisions of this Ordinance. When such data is utilized,
provisions of SECTION FIVE, B, shall apply. The Floodplain Administrator shall:
(a) Obtain the elevation(in relation to the Mean sea level NAVD)of the lowest
floor (including the Basement) of all new and substantially improved
Structures;
(b) Obtain, if the Structure has been Floodproofed in accordance with the
requirements of SECTION FIVE, B, (2), the elevation in relation to the
Mean sea level(NAVD)to which the Structure has been Floodproofed; and
(c) Maintain a record of all such information.
(4) Notify, in Riverine situations, adjacent communities, the State of Florida,
Department of Economic Opportunity, Division of Emergency Management -
NFIP Coordinating Office, and the South Florida Water Management District prior
to any alteration or relocation of a Watercourse, and submit copies of such
notifications to FEMA.
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(5) Assure that the Flood-carrying capacity within the altered or relocated portion of
any Watercourse is maintained.
(6) Manufactured homes shall be installed using methods and 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 of over-the-top or frame ties to ground anchors. This requirement is in addition
to applicable State of Florida and local anchoring requirements for resisting wind
forces.
(7) When the data is not available from any source, including data developed pursuant
to SECTION FIVE, C (2), of this Ordinance, the lowest floor of the Structure shall
be elevated to no lower than four feet above the Highest adjacent grade or WSWT,
whichever is higher, OR if utilizing a pressurized septic design, engineering
justifications, considering adjacent Flood elevations and other applicable criteria,
may be presented to the Floodplain Administrator for consideration of a lowered
floor elevation,but in no case can the Lowest floor be less than three feet above the
Highest adjacent grade or WSWT, whichever is higher. Standards set forth in
SECTION FIVE, B, shall apply.
D. SPECIFIC STANDARDS FOR COASTAL HIGH HAZARD AREAS (V-ZONES).
Located within the SFHA established in SECTION THREE, B, are Coastal high hazard
areas, designated as Zones V1-30, VE, or V (with BFE). The following provisions shall
apply:
(1) Meet the standards of SECTION FOUR, A, and SECTION FIVE A, B, (except B
(7)), and C.
(2) All New construction and Substantial improvements in Zones V1-V30, VE, and V
(with BFE) shall be elevated on pilings or columns so that:
(a) The bottom of the lowest horizontal structural member of the Lowest floor
(excluding the pilings or columns) is elevated to no lower than the BFE
whether or not the Structure contains a Basement; and
(b) The pile or column foundation and Structure attached thereto is anchored to
resist floatation, collapse and lateral movement due to the effects of wind
and water loads acting simultaneously on all Building components. Water
loading will be those values associated with the Base flood. Wind loading
values will be those required by applicable State of Florida or local, if more
stringent than those of the State of Florida, Building standards.
(c) For all Structures located seaward of the CCCL, the bottom of the lowest
horizontal structural member of the lowest floor of all New construction
and Substantial improvements shall be elevated to the 100-year Flood
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elevation established by the Florida Department of Environmental
Protection or the BFE, whichever is the higher.
(3) A Professional engineer or Registered architect shall develop the structural design,
specifications and plans for the construction, and shall certify that the design and
methods of construction to be used are in accordance with accepted standards of
practice for meeting the provisions of this Section.
(4) Obtain the elevation (in relation to Mean sea level NAVD) of the bottom of the
lowest horizontal structural member of the Lowest floor (excluding pilings and
columns) of all new and substantially improved Structures. The Floodplain
Administrator shall maintain a record of all such information.
(5) All New construction and Substantial improvements shall be located landward of
the reach of mean high tide.
(6) Provide that all New construction and Substantial improvements have the space
below the Lowest floor either Free of obstruction or constructed with
non-supporting Breakaway walls, open wood lattice-work, or insect screening
intended to collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion of the Building or
supporting foundation system. For the purposes of this Section, a Breakaway wall
shall have a design safe loading resistance of not less than 10 or no more than 20
pounds per square foot. Use of Breakaway walls which exceed a design safe
loading resistance of 20 pounds per square foot (either by design or when so
required by State of Florida or local codes)may be permitted only if a Professional
engineer or Registered architect certifies that the designs proposed meet the
following conditions:
(a) Breakaway wall collapse shall result from water load less than that which
could occur during the Base flood; and
(b) The elevated portion of the Building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage
due to the effects of wind and water loads acting simultaneously on all
Building components (structural and non-structural). The water loading
shall be those values associated with the Base flood. The wind loading
values shall be those required b y applicable Florida or local, if more
stringent than those of the State of Florida, Building standards;
(c) Such enclosed space shall be usable solely for parking of vehicles, Building
access, or storage. Such space shall not be finished, partitioned into
multiple rooms, or temperature-controlled (air conditioned).
(7) Prohibit the use of fill for structural support. No Development permit shall be
issued for Development involving fill in Coastal high hazard areas unless it has
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been demonstrated through appropriate engineering analyses that the subject fill
does not cause any adverse impacts to the Structure on-site or other properties.
(8) Prohibit man-made alteration of Sand dunes and Mangrove stands that would
increase potential 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 has
incurred "Substantial damage" as the result of a Flood, must meet the
standards of SECTION FIVE, D (2)through(8); or
(b) All Manufactured homes placed or substantially improved on other sites in
an Existing manufactured home park or subdivision shall meet the
requirements of SECTION FIVE, B (4)(b).
(10) Recreational vehicles placed on sites within Zones VE, V1-V30, V (with BFE) on
the FIRM either:
(a) Be on the site for fewer than 180 consecutive days;
(b) Be fully licensed and ready for highway use (on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions); or
(c) Meet the requirements of SECTION FIVE, D (2)through (8).
(11) For all Structures located seaward of the CCCL,the bottom of the lowest horizontal
structural member of the Lowest floor of all New construction and Substantial
improvements shall be elevated to the Flood elevation established by the Florida
Department of Environmental Protection or the BFE, whichever is the higher. All
non-elevation design requirements in SECTION FIVE, D (2) through (10) shall
apply.
(12) When fill is proposed, in accordance with the permit issued by the Florida
Department of Health, in a Coastal high hazard area,the Development permit shall
be issued only upon demonstration by appropriate engineering analyses that the
proposed fill will not increase the Water surface elevation of the Base flood nor
cause any adverse impacts to the Structure on-site or other properties by wave
ramping and deflection.
(13) Accessory Structures. The following standards are required to properly regulate
Accessory structures in addition to A-Zone requirements:
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(a) Accessory structures meeting the criteria of small or low-cost,such as small
metal/wooden sheds that are "disposable" must be unfinished on the
interior, constructed with Flood damage-resistant materials below the BFE
and used only for storage.
(b) Maximum allowable size of Accessory structures in V-Zones is 100 square
feet.
(c) Maximum allowable value of Accessory structures in V-Zones is
$2,500.00.
(d) Consideration must be given to the effects the debris from the Building will
have on adjacent Buildings.
(e) Detached garages are not allowed in V-Zones.
(f) The structural system shall utilize pilings, adequately embedded to resist
scour and lateral deflection. The lowest horizontal structural member of
roof systems,including plates and beams connecting the upright supports of
the Structure, shall be placed at or above the BFE.
(g) Any small Accessory structure enclosure below the BFE shall be
constructed with Breakaway walls, such as wooden lattice or insect
screening, in conformance with 44 CFR Section 60.3(e)(5).
(h) Floors shall be at or very close to grade.
SECTION SIX: VARIANCE AND APPEALS PROCEDURES.
A. DESIGNATION OF VARIANCE AND APPEALS BOARD.
The Board of Zoning Appeals as established by the Board of County Commissioners of Collier
County, Florida, shall hear and decide Appeals and requests for Variances from the requirements
of this Ordinance.
B. DUTIES OF VARIANCE AND APPEALS BOARD.
The Board of Zoning Appeals shall hear and decide Appeals when it is alleged an error in any
requirement, decision, or determination is made by the Floodplain Administrator in the
enforcement or administration of this Ordinance. Any person adversely affected by the decision of
the Board of Zoning Appeals may Appeal such decision to the Circuit Court, as provided by law.
C. VARIANCE PROCEDURES.
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(1) A request for a Variance to any requirement of this article shall follow the
procedure described in the Collier County Land Development Code Section
10.04.04, as may be amended, for Applications Subject to Type III Review.
(2) The filing fee for each Variance request shall be that adopted and in effect in the
Growth Management Division/Planning and Regulation Fee Schedule, (approved
7-27-10, Resolution 2010-130) as may be amended, replaced or superseded.
(3) All Variance petitions shall be filed with the County Manager on forms provided
and shall include data and information deemed appropriate and necessary by the
County Manager.
(4) In acting upon such Variance applications, the Board of Zoning Appeals shall
consider all technical evaluations, all relevant factors, standards specified in other
Sections of this Ordinance, and:
(a) The danger that materials may be swept onto other lands to the injury of
others;
(b) The danger of 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 such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the
community;
(e) The necessity to the facility of a waterfront location where applicable;
(f) The availability of alternative locations for the proposed use which are not
subject to Flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated
Development;
(h) The relationship of the proposed use to the plan and Floodplain
management program for that area;
(i) The safety of access to the property in times of Flood for ordinary and
emergency vehicles;
(j) The expected heights,velocity,duration,rate of rise,and sediment transport
of the Floodwaters and the effects of wave action, if applicable, expected at
the site;
(k) The costs of providing governmental services during and after Flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and streets and
bridges; and
(1) Grant and facilitate situations in code or regulations in which an unforeseen
circumstance has been identified following a natural or man-made disaster
in support of the emergent need for post disaster temporary emergency
housing. Such efforts, pending the magnitude of the disaster and the need
for emergency housing may include efforts to grandfather or retro-actively
approve such temporary emergency housing actions,waivers or exemptions
when reasonable efforts were implemented to protect life, property and
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minimize suffering in an attempt to stabilize displaced residents and
families following a disaster. Where possible such temporary waivers or
exemptions following a disaster housing effort shall terminate within
eighteen (18) months of issuance unless extended by the Board of County
Commissioners.
D. CONDITIONS FOR VARIANCES.
(1) Variances may be issued for New construction and Substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing Structures constructed below the BFE, in conformance with the
procedures of Paragraphs (3), (4), (5) and (6) of this Sub-section D
(2) Variances may be issued for New construction and Substantial improvements and
for other Development necessary for the conduct of a Functionally dependent use
provided that:
a) The criteria of Sub-section F, and Paragraphs (1), (3) and (4) of this
Sub-section D are met; and
b) The Structure or other Development is protected by methods that minimize
Flood damages during the Base flood and create no additional threats to
Public safety.
(3) Variances shall only be issued when there is:
a) A showing of good and sufficient cause;
b) A determination that failure to grant the Variance would result in
exceptional Hardship; and
c) A determination that the granting of a Variance will not result in increased
Flood heights, additional threats to Public safety or extraordinary public
expense, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
(4) Variances shall only be issued upon a determination that the Variance is the
minimum necessary deviation from the requirements of this Ordinance,
considering the Flood hazard, to afford relief.
(5) The County Manager shall maintain the records of all Variance actions and report
any Variances to the Federal Insurance Administration upon request.
(6) Any applicant to whom a Variance is granted shall be given written notice that (i)
when a Structure is permitted to be built with the Lowest floor elevation below the
BFE the cost of Flood insurance will be commensurate with the increased risk
resulting from the Lowest floor being placed below the Base Flood elevation.
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(7) Upon consideration of the factors listed above and the purpose of this Ordinance,
the Board of Zoning Appeals may attach such conditions to the granting of
Variances as it deems necessary to further the purposes of this Ordinance.
E. HISTORIC STRUCTURES.
Variances may be issued for the repair or rehabilitation of Historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a Historic structure and the variance is the minimum necessary
deviation from the requirements of this Ordinance to preserve the historic character and
design of the structure.
F. STRUCTURES IN REGULATORY FLOODWAY.
Variances shall not be issued within any designated Floodway if any impact in Flood
conditions or increase in Flood levels during the Base flood discharge would result.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The Sections of the Ordinance may be renumbered or re-lettered to
accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION SIX: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
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