Agenda 06/12/2012 Item #11B�1i2f2QZ2 Iteci..
EXECUTIVE SUMMARY
Recommendation to prepare an amendment to the Flood Damage Prevention Ordinance (FDPO) to
address: (1) Federal Emergency Management Agency (FEMA)'s recent determination that the
County's FDPO is not in compliance with the requirements of the National Flood Insurance
Program (NFIP) and (2) recent amendment to the Florida Building Code; and to advertise it for
subsequent Board adoption.
OBJECTIVE: To have a current FDPO that meets the requirements of the NFIP as determined
by FEMA Region IV staff and maintain the County's participation in the NFIP.
CONSIDERATIONS: On 3 -8 -11 (Agenda Item 17A), the Board approved a new FDPO
(Ordinance No. 2011 -07) to replace the former FDPO (Ordinance 86 -28, as amended). The new,
and now current, FDPO was based upon the State of Florida "Model" Ordinance document for
coastal counties with a revision date of 1- 29 -09. During the extensive public vetting process
there were changes made to the "Model" Ordinance document to address issues specific to
Collier County.
On 5- 10 -11, copies of the new FDPO (Ordinance No. 2011 -07) were submitted to FEMA Region
IV regulatory staff in Atlanta, GA and to the Florida Floodplain Management Office (State) for
their review to ensure compliance with the requirements of the NFIP. Concurrent to the
development of the FDPO, the County was also working with FEMA to develop the new Digital
Flood Insurance Rate Map ( DFIRM), and County staff knew that the FDPO would be amended
at sometime to officially adopt the DFIRM after it was finalized by FEMA. On 6 -1 -11, the State
provided the County with a review checklist of its findings and identified a few items for
revision that the State considered minor. The State recommended that the County make these
few minor revisions to the FDPO when the DFIRM was adopted.
The DFIRM was finalized on 11- 16 -11, which initiated a six month period of time for the
County to adopt the DFIRM by 5- 16 -12. On 1- 24 -12, the County incorporated the State's
revisions and adopted the DFIRM with the adoption of Ordinance No. 2012 -06 which amended
the FDPO. On 2- 23 -12, the County submitted a copy of both Ord. 2011 -07 and 2012 -06 to the
State. On 3- 16 -12, the County received confirmation from the State that the FDPO had been
reviewed and transmitted on to FEMA. The State did not identify any problems regarding non-
compliance of our FDPO.
On 4 -9 -12 the County was informed by FEMA staff that our FDPO developed with FEMA
guidance and consistent with the State of Florida "Model" Ordinance was not compliant and we
would need to have a compliant ordinance in place by the 5 -16 -12 effective date or the County
would be suspended from participation in the National Flood Insurance Program (NFIP). Staff
informed FEMA that it was not be possible to review, vet and prepare an amendment in less than
thirty (30) days.
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Staff then prepared and mailed a letter (Attachment 1) to Susan Wilson, Floodplain Management
and Insurance Branch Chief with FEMA Region IV in Atlanta, GA expressing serious concern
with the very late non - compliance notification from FEMA.
In response to the County's letter, staff participated in a teleconference with Mr. Brad Loar,
Mitigation Director for FEMA Region IV in Atlanta, GA. In light of FEMA's failure to timely
review the County's FDPO, Mr. Loar agreed to allow for a 3 -month time extension until 8 -16 -12
(that is three months beyond the 5 -16 -12 effective date for the DFIRM) for the County to provide
FEMA with an acceptable FDPO.
On 4 -26 -12 Susan Wilson provided a FEMA response (See Attachment 2) to the County's 4 -12-
12 letter. Electronic communication between County and FEMA staff addressing the specific
ordinance text changes led to the receipt of the "must do" changes (See Attachment 3) to the
County FDPO in order to be found in compliance.
To remain as a participating community in the NFIP, County staff has been advised by FEMA
that the County's current FDPO (Ordinance No. 2012 -06) must be amended to address FEMA's
concerns. In failing to comply, the County would automatically lose the Community Rating
System (CRS) participation and its accompanying cost savings benefits to flood insurance policy
holders for at least a year. It also seriously affects the real estate industry and insurance industry
through the loss of availability of new or renewed flood insurance policies through the NFIP.
At the same time the County needs to address the conflicts in our current FDPO with the
requirements in the newly effective 2010 Florida Building Code (FBC). The State has prepared,
and FEMA has reviewed, a new "Model" ordinance document. This new "Model" ordinance
document is entirely different in organizational layout and frequently uses references to the
Florida Building Code and its supporting documentation. As an interim step to address the 2010
FBC compliance issue, staff suggests the inclusion of a paragraph to incorporate FBC
compliance to show our intent until the County can thoroughly take the State's new "model"
ordinance through the public vetting process and bring it to the Board for consideration and
adoption. The State has acknowledged their agreement with this interim time - constrained
approach in order to be found in compliance by FEMA by 8- 16 -12.
FISCAL IMPACT: The potential fiscal impact to the County can be very large. If the County is
suspended from the NFIP it faces the following actions:
• Flood insurance through the NFIP will not be available. No new NFIP policies can be
purchased and existing policies will not be renewed.
• No Federal grants or loans for the acquisition or construction of buildings may be made
in identified flood hazard areas under programs administered by Federal agencies.
• No Federal disaster assistance may be provided to repair insurable buildings located in
identified flood hazard areas for damage caused by flood.
• No Federal mortgage insurance or loan guarantees may be provided in identified flood
hazard areas. This includes policies written by the Federal Housing Administration
(FHA), Veterans Administration (VA), and others.
• Federally insured or regulated lending institutions, such as banks and credit unions, must
notify applicants seeking loans for insurable buildings in flood hazard areas that:
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• There is a flood hazard and
• The property is not eligible for Federal disaster relief.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. -
JBW
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board directs the County Manager and the County Attorney to:
• Prepare an FDPO amendment incorporating the Florida Building Code and those
provisions that FEMA requires "Must Do" to be addressed for them to find the County's
ordinance compliant, and
• Advertise and bring the FDPO amendment to the Board for consideration and adoption.
Prepared By: Robert C. Wiley, P.E., CFM, Principal Project Manager
Land Development Services
Growth Management Division
Attachments:
1. Attachment 1 — Letter to Susan Wilson at FEMA's Region IV office in Atlanta, GA
2. Attachment 2 — Letter from Susan Wilson at FEMA's Region IV office (4- 26 -12)
3. Attachment 3 — FEMA "must do" changes to the FDPO
4. Attachment 4 — Draft FDPO amendment (underline /strike -thru version)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.13.
6/12/2012 Item ". .
Item Summary: Recommendation to prepare an amendment to the Flood Damage
Prevention Ordinance (FDPO) to address: (1) Federal Emergency Management Agency (FEMA)'s
recent determination that the County's FDPO is not in compliance with the requirements of the
National Flood Insurance Program (NFIP) and (2) recent amendment to the Florida Building
Code; and to advertise it for subsequent Board adoption. (Nick Casalanguida, Growth
Management Administrator)
Meeting Date: 6/12/2012
Prepared By
Name: WileyRobert
Title: Project Manager, Principal,Engineering & Environme
4/26/2012 4:23:00 PM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 4/27/2012 2:52:23 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 4/30/2012 11:59:07 AM
Name: FrenchJames
Title: Manager - CDES Operations,Operations & Regulatory Management
Date: 5/1/2012 4:27:29 PM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 5/14/2012 9:04:41 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 6/6/2012 10:36:55 AM
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Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/6/2012 10:59:27 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/6/2012 11:08:57 AM
Name: OchsLeo
Title: County Manager
Date: 6/6/2012 11:25:44 AM
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6/12/2012 Item ' '� .P .
April 12, 2012
Ms. Susan Wilson, CFM, Floodplain Mgmt. and Insurance Branch Chief
FEMA/U.S. Dept. of Homeland Security
3003 Chamblee Tucker Road
Atlanta, GA 30341
RE: Collier County Flood Damage Prevention Ordinance
Dear Ms. Wilson:
6/12/20.2Iterr .
Attachment 1
I am writing to request your written reply to some questions from Collier County regarding the recent telephone
and e-mail communications on FEMA's intention to find the Collier County Flood Damage Prevention
Ordinance (FDPO) not in compliance with the requirements of the National Flood Insurance Program. I will
provide a brief timeline of the development and review of the County's FDPO, and then identify the three (3)
questions to which I need to receive your official written response.
For over a year Collier County has been involved in adopting a FDPO that follows the State of Florida "Model"
Flood Damage Prevention Ordinance. The "Model" ordinance that we used was provided to us by Ms. Joy
Duperault of the Florida Floodplain Management Office. The document, a copy of which is attached, was titled
STATE OF FLORIDA
FLOOD DAMAGE PREVENTION ORDINANCE
[For Coastal Communities with Regulatory Floodways]
APRIL 29, 2005
(Revised January 29, 2009)
We learned that this document existed during one of the regularly scheduled conference calls between the
County and the DFIRM development team from Michael Baker Jr., Inc. and FEMA. Joy opted to call into the
conference call because she knew that one of the issues of discussion would be the updating of the County's old
FDPO into a format compatible with the "Model" ordinance document. It was stated that this version of the
"Model" ordinance had received the review and approval of FEMA.
Collier County adopted its current FDPO (Ordinance 2011 -07) on 3 -8 -11 and a copy is enclosed. At that time
the Digital Flood Insurance Rate Map (DFIRM) was not finalized and we knew that we would have to amend
this FDPO to adopt the DFIRM at some point in the future. The County then submitted a copy of this adopted
FDPO to the Florida Floodplain Management Office, at their request, on 5- 10 -11. I also submitted a copy of the
FDPO to Henrietta Williams, FEMA Outreach Specialist, in accordance with her directions when we held the
initial Preliminary DFIRM public meetings in August 2010.
On 6 -1 -11, the County received an e-mail notification from Mr. Richard Benton of the Florida Floodplain
Management Office notifying us that they had found some areas in the FDPO that needed revision. Subsequent
communication with Mr. Benton identified that the State did not consider these revisions to be major and
recommended that we simply make their requested revisions when we officially adopted the finalized DFIRM.
We followed the State's direction.
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6/12/2012 Item 'I I.E.
Attachment 1
The DFIRM was finalized on 11- 16 -11, and the County immediately started the process to prepare the FDPO
amendment to adopt the DFIRM and incorporate the State's requested revisions. That effort was completed on
1 -24 -12 with the adoption of Ordinance 2012 -06 which amended the FDPO. A copy of that ordinance
amendment is enclosed. The County then attempted to submit a copy of the amended FDPO to the State, but
due to some e-mail problems at the State's end, a valid e-mail address was not obtained until 2- 23 -12. On that
date the County submitted a copy of both Ord. 2011 -07 and 2012 -06 to the Florida Floodplain Management
Office. On 3- 16 -12, the County received confirmation that our FDPO had been reviewed and transmitted on to
FEMA. A copy of their e -mail and checklist is enclosed. The completed checklist does not indicate any
problems regarding non - compliance of our FDPO.
On 4 -6 -12, the County received an e-mail from Henrietta Williams that she wanted to set up a teleconference to
review and discuss the FDPO in preparation for our 5 -16 -12 effective date. When questioned as to the issues to
be discussed, her response was "Not to worry. It's still being reviewed so I'm not yet certain of all proposed
changes, but nothing we can't work through. Please invite your County Attorney if you'd like. It won't hurt."
On 4 -9 -12 the County participated in that teleconference at which time we were informed that our ordinance
was not compliant and we would need to have a compliant ordinance in place by the 5 -16 -12 effective date or
the County would be removed from participation in the National Flood Insurance Program (NFIP).
Here are three (3) questions to which the County is requesting a specific and clearly stated written response:
1. Using the enclosed County ordinance documents (Ord. 2011 -07 and Ord. 2012 -06) what are the specific
areas and/or statements within these two FDPO documents that FEMA finds unacceptable to the point that
they would justify finding the FDPO non - compliant and removing Collier County from participation in
the NFIP. Please provide clear documentation as to why these are unacceptable and provide specific
revision language that would be deemed acceptable to find the FDPO in compliance.
2. Why is the "Model" ordinance language now not considered acceptable when it was previously reviewed
and approved by FEMA for distribution and use in Florida? We understand that there are some areas of
additional language that the County included in its FDPO that were not part of the "Model" ordinance
document, but the e- mailed comments received from FEMA identify numerous wording revisions that
reflect changes to the "Model" ordinance language.
Since FEMA has had possession of County ordinance 2011 -07 since 5- 10 -11, why are we just now
receiving notification that the document is non - compliant when there is extremely little time left to make
changes, and what specifically will be the ramifications to the County if we are not able to thoroughly
vette a revised ordinance document through the public and legal process and adoption by our Board of
County Commissioners by 5- 16 -12?
Collier County is very interested in working in a timely manner to address the expressed concerns of FEMA
with regards to the desired modifications to our FDPO. We understand that many of the issues are relatively
minor in wording that do not substantially change how we regulate development in the regulated floodplain but
are more clarifying. We also recognize that some of the criteria that we included in our FDPO does not need to
be there since the issues of compliance with 44 CFR 60.3(c)(10) in our vast expanse of AH and ponded AE
flood zones is not an issue because these are not riverine. We had included that language to address direction
provided by FEMA engineering staff involved in the DFIRM mapping project, which according to your office
was incorrect information.
We also know that with the recent change to the Florida Building Code, we must address the compatibility of
our FDPO to that Code, which will require a revision to our FDPO. We consider our FDPO to be in substantial
compliance with the State "Model" ordinance and so does the Florida Floodplain Management Office. Our
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Attachment 1
request is that our FDPO be found in compliance and that we mutually agree in writing to making the revisions AOW
to our FDPO over the next four (4) months so that we can address FEMA concerns and Florida Building Code
requirements at the same time.
I look forward to receiving your written response in a very timely manner. If you have any questions, please
feel free to contact me.
Sincerely,
Robert C. Wiley, , CFM, Principal Project Manager
FEMA Floodplam and Watershed Planning Section
Telephone No.: (239) 252 -5858, FAX No.: (239) 252 -6552
E -mail Address: RobertWiley,(diColliertov.net
Encl: State of Florida "Model' Flood Damage Prevention Ordinance
Collier County Ordinance 2011 -07
Collier County Ordinance 2012 -06
Florida Floodplain Management Office e -mail dated 3 -16 -12 with checklist
Cc: Bill Lorenz, P.E., Director, Land Development Services
Nick Casalanguida, Administrator, Growth Management Division
Jennifer White, Assistant County Attorney
FDPO Non - compliance Letter to Susan Wilson 4- 12- 12.docx
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Attachment 2
3003 Chaznbtee Tucker Road
Adana, Ga 30341
M
� 3 rvMA
April 26, 2012
Mr. Robert C. Wiley, P.E., CFM
Collier County Growth Management Division
Land Development Services
2800 North Horseshoe Drive
Naples, Florida 34104
Ref.: Collier County Flood Damage Prevention Ordinance
Dear Mr. Wiley:
This is in response to your letter dated April 12, 2012, regarding the issues related to Collier
County's recently adopted flood damage prevention ordinance. In that letter FEMA Region IV
was requested, to address three questions. We offer the following:
1. Using the enclosed County ordinance documents (Ord 2011 -07 and Ord 2012 -06) what
are the specific areas and/or statements within these two FDPO documents that FEAL4
finds unacceptable to the p0oint that they would just fy finding the FDPO non - compliant
and removing Collier County from participation in the NFIP. Please provide clear
documentation as to why these are unacceptable and provide specific revision language
that would be deemed acceptable to find the FDPO in compliance.
The areas of noncompliance with the floodplain management criteria of the National Flood
Insurance Program (NFIP) in the ordinance (2011 -07) that Collier County adopted are:
1) exemption of development activities under "de minimus" provision in Section FIVE, B (6)
(c) from the ordinance requirements;
2) blanket exemption of historic structures' from meeting the ordinance requirements
regardless of the historic structures' continued designation as historic structures under
Section SIX, (E);
3) inclusion of conflicting provision for accessory structures for their placement at or near
grade, while requiring a minimum elevation of 5.7 feet NAVD as the lowest floor for all
structures, under Section FIVE (D), (13) (h);
4) inclusion of a conflicting provision, "Not every development permit is required to be
reviewed under this ordinance" under section TWO (B), which is in conflict with the
provision under Section THREE (D);
5) inclusion of the residential structures' lowest floor elevation requirement for new
construction or substantial improvements, instead of both, under Section FIVE, (B) (1); and
6) usage of the term "lowest finished floor ", which is not recognized by the NFIP.
,A, -w .fema.gov
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As you may recall, Prasad Inmula, Henrietta Williams and I had a lengthy conference call
with you to discuss our concerns about the FDPO on April 9, 2012. At your request, on
April 10, 2012, we consolidated the two documents and provided our comments and specific
recommended language in track changes format via electronic mail. Another lengthy
conference call was conducted on April 12, 2012, to discuss any questions concerning the
recommended language and actions that would be necessary to bring the Flood Damage
Prevention Ordinance into compliance.
2 Why is the "Model" ordinance language now not considered acceptable when it was
previously reviewed and approved by FEMA for distribution and use in Florida? We
understand that there are some areas of additional language that the County included in
its FDPO that were not part of the "Model" ordinance document, but the emailed
comments received from FEMA identify numerous wording revisions that reflect changes
to the "model" ordinance language.
The ordinance that Collier County adopted modified the FEMA- approved Florida State
Model Flood Damage Prevention ordinance. As indicated in the April 12, 2012, letter,
several additional provisions were added and some were modified. Therefore, the entire
ordinance was thoroughly reviewed and included suggested revisions. Our concerns and
comments about Collier County's adopted ordinance were shared on two lengthy conference
calls, after which those comments and language revisions were provided via email in a track
changes format for easier identification.
3. Since FEMA has had possession of County ordinance 2011- 07sinFe 5- 10 -11, why are we
just now receiving notification that the document is non - compliant when there is extremely
little time left to make changes, and what specifically will be the ramifications to the
County if we are not able to thoroughly vette a revised ordinance document through the
public and legal process and adoption by our Board of County Commissioners by 5- 16 -12?
Regrettably, the Ordinance No. 2012 -06, which amended the Ordinance 2011 -07, was not
provided for our review and comments before it was adopted by Collier County Board of
Commissioners. Once we received the Ordinance No. 2012 -06, we expressed our concerns
and suggested language to address non - compliant aspects of the ordinance.
We understand, based on a conference call conducted on April 20, 2012, between Collier County
and FEMA Region IV management representatives, that Collier County will not be suspended on
May 16, 2012. The County will be granted an additional 90 days to make the requisite revisions
to the County- adopted Flood Damage Prevention Ordinance to be compliant with the floodplain
management criteria of the National Flood Insurance Program.
Please let us know if you have any further questions or concerns. You may contact me by email
at szi n, > L c) T a))a.d1 g,,!^ or by telephone at (770)220 -5414.
Sincerely,
Susan W, Wilson, CFM, Chief
Floodplain Management & Insurance Branch
Mitigation Division\
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Collier Co - FE MA R4 " hust o" 5-16-12 Attac 6/12/2012 Iferr,
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.2011 -07,
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 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.2011 -07, which was subsequently amended by Ordinance No.2012 -06;
and
WHEREAS, the Board desires to amend, 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 Commissioners of Collier County does hereby adopt the following Floodplain
management regulations.
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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 Flood waters;
(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
Flood waters 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.
Accessory structures should constitute a minimal investment, may not be used for human
habitation, and be designed to have minimal Flood damage potential.
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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 V 1 -
V30, VE, or V.
Compensatory storage means the volume of water storage provided to replace the volume
of water displaced by development 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 Flood
waters 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 SFRA 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 County
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
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(such as a 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 Flood waters 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 /1000 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 /1000
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.
9. Wet Floodproofing utilizes Flood damage- resistant materials and techniques able
to withstand prolonged submergence without damage and readily allow Flood
waters 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
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Collier Co - F E A R4 "St DO" 5-16-12 A.ttac 6/1212012 Item
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.
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.
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
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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 be used with or without a permanent
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.
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.
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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.
Reasonably safe from flooding means Base flood waters 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;
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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.
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.
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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 cumulative 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.
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
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Collier Co - FE MA R4 "Must o " .5-16-1, 2 Attac 6/12/2012 Item 1 `.E.
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) — 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
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Collier "Must 'g�'� A.tiac 6/12i2012 item
C.
hydraulic analyses are shown at selected intervals within this zone. Mandatory Flood
insurance purchase requirements apply.
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 November 17, 2005, with the accompanying maps and other supporting data,
are adopted by reference and declared to be a part of this Ordinance. The FIS and FIRM
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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Collier Cc - FE MA R4 " USt DO" 5-16-12 Attac 6/12/2012 Item
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. PENALITIES 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.
SECTION FOUR: ADMINISTRATION.
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Collier Cc FE MA R4 "Must Dc" 5-16#'L,2 Attar- 6/12/2012 Item
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 Flood- proofed;
(c) Certificate from a Professional engineer or Registered architect that the non-
residential Flood- proofed 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 Flood- proofed elevation, or bottom of the lowest
horizontal structural 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
Lowest floor and Floodproofing elevation survey data submitted. The permit holder
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Collier Cc - FE MA R4 "Must Do'' 5-16-12 Attac 6/12/2012 !tern
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
proj ect.
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 compliance, to verify that the permit requirements of this Ordinance
have been 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;
(7) Verify and record the actual elevation (in relation to NAVD) to which the new and
substantially improved Buildings have been Flood- proofed, 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;
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Collier FE-MA "is" -5-�' Attac 6/12,29012 item
(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, and
(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.
(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.
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:
(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;
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CoMer Cc - FEt° , "I s Do" 5-16-012 Attar- 6!1212012 Item
(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 Flood waters 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 Flood waters into the systems and discharges from the systems
into Flood waters 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;
(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):
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(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 Community Affairs: in accordance with Chapter 380.05, F.S., 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,
Onsite 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 water tight 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 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-
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supporting Breakaway walls that meet the standards of SECTION FIVE, E (6) of this
Ordinance.
(16) Building Lowest 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 accessory
structures within the V -Zones as described in Section FIVE (D)(13)(h)]or
v. Water Management Design -
l. 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 Management District's criteria may
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 floor elevation of 18 inches above the adjacent roadway crown
elevation or the FIRM elevation, whichever is higher.
(b) On parcels where unusual topographic conditions 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.
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Collier C r FE MA R4 .M ust c 1r 5-16-12. Attac 6/12/2012 Item
In all A -Zones where BFE data have been provided [Zones AE, Al -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 Flood- proofed, in lieu of being elevated, provided that all areas of the Building
components, together with attendant utilities and sanitary facilities, below the BFE are
water tight 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.
(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 Flood waters 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;
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(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 Flood waters 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
Al -30, AH, 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.
(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
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Collier Cc - FEMA R4 "Must Do" 5-16-12 Attac 6/12/2012 Item,
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).
(d) Recreational vehicles or similar temporary or emergency housing units 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 Recreational vehicles within the Floodplain
for a period not to exceed eighteen (18) months unless extended by the Board of
County Commissioners.
(i) 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
(ii) 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.
(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.
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 Al -30), the following provisions, in addition to
those set forth in SECTION FIVE, B (1) through (5) shall apply.
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Collier C - FEMA 4 "Must _' Attac 6/12/2012 Item
(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 Flood waters.
(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
44CFR 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.
(f) Openings to automatically equalize flood hydrostatic forces on exterior walls
during the Base Flood shall be provided below BFE in conformance with 44CFR
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.
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Collier Cc - FEMA R4 "Must Luca, 5-105-12 Attac -0/12/2012 lterr
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 w'
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 Flood- proofed 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 Flood- proofed, 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.
(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
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Collier Co - F E MA R "Must Da" 5-16-12 2 Attac 6/12/2012 Item 1 `i.-E.
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)),
C, and D.
(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 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.
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Collier Cc - FrEMA R4 "Must Da" :5-1, 6- � 7- Attac 6/12/2012 Item .E
(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 by 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 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) though
(8); or
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CollieE Cc - FE MA s Do" .5-16-12 Attac 6/1212012 Item ?'.E.
(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, VI —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:
(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.
(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 44CFR Section 60.3(e)(5).
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Collier ,.Z-o - F`f A RA "I .st o" - -' Attae 6(12/20`2 Item
(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.
(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;
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Collier Co - FIEN, R4 " lust i " 5-16-12 Attac 6/12/201.2 Item `.:E,
(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
Flood waters and the effects of wave action, if applicable, expected at the site; and
(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.
(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 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
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olfier Co - rEMA R4 "Must Do" 5-106-12 Attac 6/12/2012 Item I' .E.
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 An a to whom a Variance is°'
Any applicant pp � 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.
(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
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.
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Collier C - FE MA R4 "Must Do" �- 6` 12 Attac 6/12/2012 Item .E,
SECTION SEVEN: 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 EIGHT: 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.
SECTIONNINE: EFFECTIVE DATE.
This Ordinance shall become effective 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 , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jennifer B. White
Assistant County Attorney
FRED W. COYLE, CHAIRMAN
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ATTACHMENT 4 6/12/2012 Item, `.c.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2011 -07, AS AMENDED,
RELATING TO FLOOD DAMAGE PREVENTION, BY
AMENDING SECTION TWO, ACRONYMS AND
DEFINITIONS; SECTION THREE, GENERAL
PROVISIONS; SECTION FIVE, PROVISIONS FOR FLOOD
HAZARD REDUCTION; AND SECTION SIX, VARIANCE
AND APPEALS PROCEDURES, IN ORDER'' TO COMPLY
WITH THE REGULATIONS AND POLICIES SET FORTH
IN THE STATE OF FLORIDA MODEL 'FLOOD DAMAGE
PREVENTION ORDINANCE; 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 :has determined that it is in the public interest to adopt the
proposed floodplain management regulations that are coordinated with the Florida Building
Code•, and
WHEREAS, the Board had previously adopted a Flood Damage Prevention Ordinance
through Ordinance No. 2011 -07, ,which was subsequently amended by Ordinance No. 2012 -06;
and
WHEREAS, the Board desires to amend, 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: AMENDMENTS TO SECTION TWO OF ORDINANCE NO. 2011 -07,
AS AMENDED.
Section Two is hereby amended as follows:
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ATTACHMENT 4 6/1212012 Item E 't .E .
SECTION TWO: ACRONYMS AND DEFINITIONS.
A. ACRONYMS
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.
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. , the sewee of the Flood
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 withthis Ordinance will not result in a separate fee
or review process ^. .
Floodway fringe means that area of the one - percent (base or 100 -year) Floodplain on
either side of the Floodwav:
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 Buildinz Code, Mechanical;
Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
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, sueh as and includes only a
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ATTACHMENT 4 6/12/2012 Iterr,
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.
SECTION TWO: AMENDMENTS TO SECTION THREE OF ORDINANCE NO.
2011 -07, AS AMENDED.
Section Three is hereby amended as follows:
SECTION THREE. GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all SFHAs e�ieept and includes lowest floor elevation
requirements for non -SFHAs as ^use" "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.
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.
within
Ordinance conflict with the 'current Florida Building Code, the requirements of the current
SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO.
2011 -07, AS AMENDED.
Section Five is hereby amended as follows:
SECTION FIVE: PROVISIONS FOR FLOOD HAZARD REDUCTION.
A. GENERAL STANDARDS.
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ATTACHMENT 4 6/12/2012
In all SFHA, all Development sites including New construction and Substantial
improvements shall be Reasonably safe from Flooding by meeting the following
provisions:
(1) New construction and Substantial improvements shall be designed or modified and
adequately anchored to prevent flotation," collapse, of 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 of 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, of 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;
(11) All applicable, additiona I 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, F.S., 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,
Onsite Sewage Treatment and Disposal Systems; and
(d) Department of Environmental Protection, CCCL: in accordance with Chapter
161.053, Florida Statutes, Coastal Construction and Excavation;
Underlined text is added; &T-uek 4ffeugh text is deleted
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ATTACHMENT 4 6/12/2012 Item .E.
(16) Building Fleef Lowest floor and Slab Minimum Elevations for all areas of Collier AVAk
County k,
(a) Plans shall show that construction of the ILowest finished 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 — lamed Lowest Ffloors : should be no lower than
elevation 5.7 feet in relation.;t6 NAVD of 1988 (with an allowable exception
(D)(13)(h)l 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 Management District's criteria may
use a finished 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
finished Lowest floor---elevation of 18 inches above the adjacent roadway
crown elevation or the FIRM elevation, whichever is higher.
(b) On parcels where unusual topographic conditions exist and the above standard
conditions cannot be reasonably applied, the Building Official will consider
requests to decrease the finishe 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
finished 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.
Underlined text is added; StFuek 4ff eugh text is deleted
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ATTACHMENT 4 6/12/2012 Item 1` ;:-,
SPECIFIC STAiviJtixliZ!�.
In all A- Zones where BFE data have been'provided [Zones AE; Al -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'er 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).
Homes and Recreational Vehicles
Manufactured homes.to be placed, or substantially improved within Zones
.3 0, AH, 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.
(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:
Underlined text is added; gtfusl' text is deleted
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ATTACHMENT Q 6/1 2/2012 Iter '. .
(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 om is 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).
N
• • .
N_ Mir
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C.
ATTACHMENT F 4
0/12/2012Iterr 1 i
(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 ,
sleeping, an 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 Flood waters.
(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
44CFR 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.
(f) Openings to automatically equalize flood hydrostatic
forces on exterior walls during the Base -a Flood shall be provided below BFE in
conformance with 44CFR Section 60.3(c)(5).
(g) Steel ISO 10'- 20' -40' Storage Containers may. be positioned on the earth and
anchored as describer 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 des(ii ed in SECTION FIVE A (4), above, or secured to piers.
CIFIC STANDARDS FOR A -ZONES WITHOUT BASE FLOOD ELEVATIONS
TORY FLOODWAYS.
Located within the SFH.
for which no BFE data
FEMA, the following pri
(1) Require standards 61
ablished in SECTION THREE, B, where there exist A -Zones
Regulatory floodway have been provided or designated by
>ns shall apply:
FIVE, A.
(4) Notify, in Riverine situations, adjacent communities, the State of Florida, Department
of Gemffffiaity Affair-s Economic Opportunity, Division of Emergency Mana ement -
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.
Underlined text is added; Stfosk 4iFatigh text is deleted
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ATTACHMENT 4 6/12/201'2 Item ` .
(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 finished 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)),
C, and
SECTION FOUR: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2011 -07,
SAS AMENDED.
Section Six is hereby amended as,1011ows
SECTION SIX: VARIANCE AND APPEALS PROCEDURES.
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
Underlined text is added; Stpaslgk text is deleted
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ATTACHMENT 4 6/12/2012 item 1
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 riot 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 0
when ,a Structure is pe'ni nitted to be built with the ILowest habitable floor elevation
below the BFE the cost of Flood insurance will be commensurate with the increased
risk resulting from the r-ediaee ILowest habitable NOF elevatieff floor being placed
below the Base flood elevation.
(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 r-eeeas fuetie�, repair or rehabilitation ^r est 4ie of
Historic structures listed -en- the - Natiefi-al Register- - of sterie Plaees or the -
Mon a determination that the proposed repair or rehabilitation will not preclude the
structure's continued desimation as a Historic structure and the variance is the minimum
necessary deviation from the reauirements of this Ordinance to preserve the historic
character and design of the structure.
Underlined text is added; &Fusk thfetigh text is deleted
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ATTACHMENT 4 6/12/2012 Item '
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.
PASSED AND DULY 'ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of , 2012.
ATTEST: " BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jennifer B. White
Assistant County Attorney
;1: Underlined text is added; text is deleted
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