FMP Committee Agenda 05/09/2018
Floodplain Management Planning Committee Quarterly Meeting
Wednesday, May 9, 2018
9:00 am
Collier County GMD Building – Room 609/610
AGENDA
1. Welcome to New Members!
2. Approval of previous meeting minutes from February 14, 2018
3. CRS Updates
4. Hurricane Irma update
5. Flood Damage Prevention Ordinance Review
6. Floodplain Management Plan Mitigation Action updates
7. Collier County Floodplain Mapping Updates
a. Physical Map Revision (PMR) update
b. Southwest Florida Coastal Study
8. Review Development from last quarter
9. Other Items/Committee Correspondence
Motion to Adjourn:________ Time Adjourned:________
Floodplain Management Planning Committee Quarterly Meeting
Wednesday, August 8, 2018
9:00 am
Collier County GMD Building – Room 609/610
AGENDA
1. Approval of previous meeting minutes from May 9, 2018
2. Flood Damage Prevention Ordinance Review
a. Updated ordinance
b. Non-conversional agreement
c. Comparison chart
d. New Administrative Code section for administrative appeal of substantial damage
determination
e. Amended Administrative Code section for non-residential farm building
3. CRS Update
4. Elevation Certificate Update Bulletin
5. Floodplain Management Plan Mitigation Action updates
6. Other Items/Committee Correspondence
Motion to Adjourn:_________ Time Adjourned:________
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Packet Pg. 304 Attachment: FMPC Agenda 8-8-2018 (6625 : Floodplain Management Planning Comittee - August 2018)
FLOODPLAIN MANAGEMENT REGULATIONS
AND THE FLORIDA BUILDING CODE
FLOODPLAIN MANAGEMENT SECTION
BUILDING PLAN REVIEW & INSPECTIONS
AUGUST 2018
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NATIONAL FLOOD INSURANCE
PROGRAM
A PARTNERSHIP:
•FEMA
•Provides flood maps and sets minimum regulations
•Provides federal flood insurance
•Florida DEM, State Floodplain Management
Office
•Provides technical assistance
•Communities
•Adopt flood maps
•Adopt and enforce regulations
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Packet Pg. 306 Attachment: Exhibit 1. PowerPoint Presentation (6625 : Floodplain Management Planning
•The Florida Building Code governs the design of buildings
•Appropriate to address all hazards in the code, including
flood loads
•The FBC includes design and construction requirements for
buildings in flood hazard areas
•FBC 6th Ed. requires BFE +1 for all structures
FLORIDA BUILDING CODE
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Packet Pg. 307 Attachment: Exhibit 1. PowerPoint Presentation (6625 : Floodplain Management Planning
WHY CHANGE LOCAL REGULATIONS?
•Commitment to FEMA and the National Flood Insurance Program to maintain adequate regulations and
procedures
•Coordinate the Florida Building Code with local floodplain management regulations to avoid redundant
or conflicting requirements
•Update provisions based on best management practices, learning lessons from Hurricane Irma, and
future Florida Building Code requirements
•Model Ordinance was developed by Florida Division of Emergency Management
•Explicitly coordinated with FBC
•Basic model approved by FEMA
•Reviewed by the Building Officials Association of Florida
•Reviewed by Florida Floodplain Management Association
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Packet Pg. 308 Attachment: Exhibit 1. PowerPoint Presentation (6625 : Floodplain Management Planning
STATE MODEL FLOODPLAIN MANAGEMENT
ORDINANCE
•More specific administrative
provisions
•Definitions match the FBC
•Recaptures and regulates
buildings exempt from the FBC
•Coordination between the
Building Official and Floodplain
Administrator
NFIP Flood Provisions for Buildings
Florida Building
Code
Local Ordinance
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Packet Pg. 309 Attachment: Exhibit 1. PowerPoint Presentation (6625 : Floodplain Management Planning
NEW STATE
MODEL
ORDINANCE
•Has provisions for development
other than buildings
•Manufactured homes,
recreational vehicles, tanks,
floodplain fill, channel
alterations
•Incorporates long-standing FEMA
policies and guidance, facilitating
interpretation and compliance
•Includes future Florida Building
Code requirements
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Packet Pg. 310 Attachment: Exhibit 1. PowerPoint Presentation (6625 : Floodplain Management Planning
LOWEST FLOOR REQUIREMENTS
•Adopts our 2012 Flood Insurance Study and Flood Insurance
Rate Maps
•Retains the 18” and 24” above the crown of the road
provision, now limited to residential buildings
•Not required for development permitted by SFWMD
•Removes the requirement for detached slabs, garages, or
sheds to be elevated to crown of road.
•Federal and FBC standards apply
•Elevation certificate is required
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Packet Pg. 311 Attachment: Exhibit 1. PowerPoint Presentation (6625 : Floodplain Management Planning
NON-CONVERSION AGREEMENT
•Introduces a Non-conversion Agreement for the following:
•An enclosure below an elevated building
•A crawl/underfloor space that are more than 5 feet in
height (measured from the lowest interior grand or floor
to the bottom of the floor system above)
•A detached structure that is not elevated and is larger
than 120 square feet in area.
•Required for new construction, substantial improvement and
alterations to enclosures
•Recorded in the County’s public records
•Informs future buyers, reduces loss
•No inspections required
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Packet Pg. 312 Attachment: Exhibit 1. PowerPoint Presentation (6625 : Floodplain Management Planning
MANUFACTURED
HOME
REQUIREMENTS
•Manufactured Homes will be
required to meet BFE +1 (but
less restrictive than model
ordinance)
•Addresses how additions and
attachments are permitted
•3 walls or 4 walls
•Requires replacement
mechanical equipment to lowest
floor or BFE, whichever is lower.
•All work requires permits
•Floodplain Management
Permit
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Packet Pg. 313 Attachment: Exhibit 1. PowerPoint Presentation (6625 : Floodplain Management Planning
TEMPORARY EMERGENCY HOUSING
•Special section dedicated to allowing Federal, State, and Local government the ability
to locate temporary housing in the SFHA.
•Allows for 6 months, which can be extended by the BCC, as needed.
•Floodplain Management permit required
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Packet Pg. 314 Attachment: Exhibit 1. PowerPoint Presentation (6625 : Floodplain Management Planning
REVIEW AND APPROVAL PROCESS
•DEM reviewed the draft ordinance
•Verified correct dates
•Checked our community-specific modifications
•Helped with language for higher standard
•Helped draft language to address gaps in regulation and common policies.
•Reviewed by County advisory committees
•After adoption by the County
•Send to DEM for final review and concurrence
•DEM sends to FEMA Region IV for approval
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QUESTIONS?
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Comparison of Significant Changes Between the Current Flood
Damage Prevention Ordinance and State Model Ordinance
Existing FDPO State Model Ordinance Explanation
ARTICLE I. -
ADMINISTRATION
DIVISION 1. - GENERAL
Related to 62-126 (16) address
residential and non-residential
development, with exception for
development permitted by South
Florida Water Management
District (SFWMD)
Sec. 62-2. - Scope.
This ordinance shall also apply to establishing minimum floor
elevations for buildings constructed within areas identified as
Zone X and X-500 on the Flood Insurance Rate Maps adopted
in Section 62-13.
Included to retain the 18”
above the crown of the road
provision for residential
structures with exception for
development permitted by
SFWMD
Related to 62-126 (16) Sec. 62-12. - Areas to which this ordinance applies.
Additionally, the requirements for establishing minimum floor
elevations shall be applicable for all areas identified as Zone X
and X 500.
Included to retain the 18”
above the crown of the road
provision for residential
structures with exception for
development permitted by
SFWMD
DIVISION 3. - DUTIES AND POWERS OF THE
FLOODPLAIN ADMINISTRATOR
new Sec. 62-22. - General. The Floodplain Administrator is
authorized and directed to administer and enforce the provisions
of this ordinance. The Floodplain Administrator shall have the
authority to render interpretations of this ordinance consistent
with the intent and purpose of this ordinance and may establish
Often specific standards are
not outline in an ordinance or
in the FBC. We need to be
able to use Technical
Bulletins and other
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policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies, and procedures shall
not have the effect of waiving requirements specifically provided
in this ordinance without the granting of a variance pursuant to
Division 7 of this article. The Floodplain Administrator may
consult with and rely on technical bulletins, desk references, and
other guidance publications issued by the Federal Emergency
Management Agency for guidance in the administration and
interpretation of this ordinance and advising on the flood
provisions of the Florida Building Code.
documents posted by the
State and FEMA to help with
interpretation. This is
intended to help with
transparency.
Sec. 62-24. - Substantial improvement and substantial
damage determinations. For applications for building permits
to improve buildings, structures, manufactured homes, including
alterations, movement, enlargement, replacement, repair,
change of occupancy, additions, rehabilitations, renovations,
substantial improvements, repairs of substantial damage, and
any other improvement of or work on such buildings and
structures, the Floodplain Administrator, in coordination with
the Building Official, shall:
(1) Estimate the market value, or require the
applicant to obtain an appraisal of the market value
prepared by a qualified independent appraiser, of the
building or structure before the start of construction of
the proposed work; in the case of repair, the market
value of the building or structure shall be the market
value before the damage occurred and before any
repairs are made;
(2) Compare the cost to perform the improvement,
the cost to repair a damaged building to its pre-damaged
condition, or the combined costs of improvements and
repairs, if applicable, to the market value of the building
or structure;
(3) Determine and document whether the proposed
work constitutes substantial improvement or repair of
substantial damage; and
To make it clear that MHUs
will be included in this
requirement.
This is our appeals process
for determining Substantial
Damage for all structure
types.
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(4) Notify the applicant if it is determined that the
work constitutes substantial improvement or repair of
substantial damage and that compliance with the flood
resistant construction requirements of the Florida
Building Code and this ordinance is required.
(5) Property owners of buildings, structures and
facilities regulated by, or exempt from, the Florida
Building Code, including manufactured homes, may
appeal a substantial damage determination first through
the building permit process as established in the
Administrative Code for Land Development. Subsequent
appeals shall be processed in accordance with Article 7
of this article.
DIVISION 4. - PERMITS
Sec. 62-34. - Application for a permit or approval. To obtain
a floodplain development permit or approval the applicant
shall first file an application in writing on a form furnished by the
community. The information provided shall:
(8) Identify and describe the development to be covered by
the permit or approval.
(9) Describe the land on which the proposed development
is to be conducted by legal description, street address or
similar description that will readily identify and definitively
locate the site.
(10) Indicate the use and occupancy for which the
proposed development is intended.
(11) Be accompanied by a site plan or construction
documents as specified in Division 5 of this article.
(12) State the valuation of the proposed work.
(13) Be signed by the applicant or the applicant's
authorized agent.
(14) Give such other data and information as required
The County has encountered
continual problems with
property owners converting
non-living space to livable
space. This will help clarify
for future buyers and the
current owner that these
spaces are not legal living
spaces.
5 feet is based on FBC,
Residential 305.1
120 sq. ft. is based on FBC,
residential [need to get with
Jon Walsh to get the citation]
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by the Floodplain Administrator.
(15) A signed Declaration of Land Restriction (Non-
conversion Agreement) shall be recorded on the
property deed prior to issuance of the certificate of
occupancy or certificate of completion for the following:
a. An enclosure below an elevated building
b. A crawl/underfloor space that are more than 5
feet in height (measured from the lowest interior
grand or floor to the bottom of the floor system
above)
c. A detached structure that is not elevated and is
larger than 120 square feet in area.
DIVISION 5. - SITE PLANS AND CONSTRUCTION
DOCUMENTS
Sec. 62-128. - Specific
standards for A-zones without
base flood elevations and
regulatory floodways.
(7) When the data is not
available from any source,
including data developed
pursuant to Division 5,
Subsection 62-128(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,
Sec. 62-42. - Information in flood hazard areas without
base flood elevations (approximate Zone A). ***
(b) Specify that the base flood elevation is four (4) feet
above the highest adjacent grade or Wet Season Water
Table, 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
flood elevation, but in no case can the lowest floor be less than
three (3) feet above the highest adjacent grade or Wet
Season Water Table, whichever is higher at the location of the
development, provided there is no evidence indicating flood
depths have been or may be greater than the proposed
elevation.
[Italics included for emphasis]
Retaining intent of the current
FDPO, clarifying that it would
be a lower flood level that
would allow for a lower floor
level.
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may be presented to the
Floodplain Administrator for
consideration of a lowered
floor elevation, but in no
case can the Lowest floor
be less than three feet
above the Highest adjacent
grade or WSWT, whichever
is higher. Standards set
forth in Division 5, Section
62-127, shall apply. [Italics
included for emphasis]
DIVISION 7. - VARIANCES AND APPEALS
Sec. 62-158. - Variance
procedures.
(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.
Sec. 62-71. - Variances and appeals; in general. Requests for
appeals and requests for variances shall be processed in
accordance with this section. Requests for appeals and
variances shall be accompanied with the fee specified in the
Growth Management Department, Development Services Fee
Schedule.
(1) The Board of Zoning and Appeals shall hear and decide
on requests for appeals when it is alleged there is an
error in any requirement, decision, or determination
made by the Floodplain Administrator in the
administration and enforcement of this ordinance. The
Board of Zoning and Appeals shall hear requests for
variances from the strict application of the requirements
of this ordinance and which are not requirements of the
Florida Building Code, in accordance with LDC section
10.09.00. Any person aggrieved by the decision of the
Board of Zoning and Appeals may appeal such decision
to the Circuit Court, as provided by Florida Statutes.
(2) Pursuant to section 553.73(5), F.S., the Board of Building
Adjustments and Appeals shall hear and decide on
requests for appeals and requests for variances from
the strict application of the flood resistant construction
Distinguishing what the BZA
and the Board of
Construction Appeals would
hear.
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requirements of the Florida Building Code. This section
does not apply to Section 3109 of the Florida Building
Code, Building.
DIVISION 9. - TEMPORARY EMERGENCY
HOUSING
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Sec. 62-158. - Variance
procedures.
*****
(l) 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
Sec. 62-91. - Establishing the need for temporary
emergency housing. To establish the need for temporary
emergency housing, the Board of County Commissioners must
determine and declare by simple majority vote that an
emergency condition exists due to a natural or man-made
disaster. Based upon that disaster declaration the County
Manager, through the Emergency Management Director and the
Floodplain Administrator, is authorized to allow for temporary
emergency housing in the special flood hazard area.
Sec. 62-92. - Placement of temporary emergency housing
within the flood hazard area. The Board of County
Commissioners or the County Manager or designee, in
coordination with the Floodplain Administrator, may allow for
post-disaster emergency temporary manufactured homes,
recreational vehicles or similar resources provided by FEMA, the
Florida Division of Emergency Management, the Collier County
Department of Emergency Management or successor of any of
the previously described organizations, within the flood hazard
areas for a period of six months. This period may be extended
by the Board taking the extent and severity of the disaster into
account.
Sec. 62-93. - Coastal high hazard area. Temporary
emergency housing shall not be located within the coastal
high hazard area (Zone V).
Sec. 62-94. - Installation standards. Manufactured homes
shall be placed in a manner consistent with Division 4 of Article
III. Recreational vehicles or similar road ready vehicles shall
comply with the requirements of Division 5 of Article III.
Sec. 62-05. - Emergency notification and evacuation plan.
An emergency notification and evacuation plan shall be
prepared to ensure the safety of the occupants of the temporary
emergency housing. The emergency notification and evacuation
plan shall be submitted, within thirty (30) days of occupancy of
the temporary emergency housing units, for review and
approval to the Collier County Department of Emergency
Management.
This provision adds a
purpose and intent to the
temporary housing provisions
and is needed because
typically, FEMA does not like
to place trailers in the SFHA,
therefore we need specific
language to support
temporary housing.
Section is consistent with
Chapter 38 – Civil
Emergencies, 38-7 (c ) (1).
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eighteen (18) months of
issuance unless
extended by the Board
of County
Commissioners.
Sec. 62-127. - Specific
standards.
*****
(4) Standards for
Manufactured Homes and
Recreational Vehicles
******
(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
Sec. 62-96. - Permit for the Temporary Placement of
Emergency Housing. Prior to the placement of all temporary
emergency housing in the special flood hazard area, the
applicant shall be required to submit a temporary permit
application affirming that the structure is in compliance with this
section and 44 CFR 60.3 (e).
Sec. 62-97. - Consistent with Post-Disaster Recovery
Ordinance. The efforts specified in this section shall be
consistent with the Code of Laws and Ordinances Chapter 38 –
Civil Emergencies.
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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.
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ARTICLE II. - DEFINITIONS
AND ACRONYMS
New Sec. 62-102. – Definitions.
****
Declaration of Land Restriction (Non-conversion
Agreement). A form provided by the Floodplain Administrator
to be signed by the owner and recorded on the property deed in
Official Records of the Clerk of Courts, stating the owner agrees
to not convert or modify the following construction in any manner
that is inconsistent with the terms of the building permit and this
ordinance: (1) an enclosure below an elevated building, (2)
crawl/underfloor spaces that are more than 5 feet in height
(measured from the lowest interior grade or floor to the bottom
of the floor system above); (3) a detached structure that is not
elevated and is larger than 120 square feet in area.
Intent to make transparent to
future buyers the uses for an
enclosures, crawl/underfloor
spaces and detached
structures.
To define agreement and
establish that it must be
recorded.
This would be required prior
to inspections.
Sec. 62-52. - Definitions.
*****
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.
Sec. 62-102. – Definitions.
******
Floodplain development permit or approval. An official
document or certificate issued by the community, or other
evidence of approval or concurrence, which authorizes
performance of specific development activities that are located
in flood hazard areas and that are determined to be compliant
with this ordinance. For the purposes of this Ordinance, this is
synonymous with the local site development plan, construction
plans, or building permit, as applicable, (i.e., any County
authorization which must be approved by the County prior to
proceeding with any “development”.)
To ensure that are existing
process is included and
transparent.
Hardship as related to
Variances from this Ordinance
Sec. 62-102. – Definitions.
******
Retaining definition
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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.
Hardship. As related to variances from this ordinance,
hardship means the exceptional hardship associated with the
land that would result from a failure to grant the requested
variance. The community requires that the variance is
exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship.
All of these problems can be resolved through other means
without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or
put the parcel to a different use than originally intended.
Sec. 62-52. - Definitions.
*****
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.
Sec. 62-102. – Definitions.
******
Watercourse. The channel and banks of a lake, river, creek,
stream, wash, channel or other topographic feature in, on,
through, or over which water flows at least periodically. The
watercourse does not include the adjoining floodplain areas.
Retaining definition
Sec. 62-52. - Definitions.
*****
Sec. 62-102. – Definitions.
******
Retaining definition
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Wet season water table
elevation (WSWT) means the
elevation, in relation to the NAVD
of 1988, of the groundwater
during that period of time each
year in which the upper surface
of the groundwater, or that level
below which the soil or
underlying rock material is wholly
saturated with water, can
normally be expected to be at its
highest level. Water table
elevation is measured from the
soil surface downward to the
upper level of saturated soil or
upward to the free water level.
The WSWT may be determined
using the South Florida Water
Management District's
methodology for determining the
seasonal high water table
contained in the District's
Environmental Resource Permit
Information Manual Volume IV
(September 2010, as may be
amended), pages CA-1—CA-7,
or other methodology as
approved by the Florida
Department of Environmental
Protection.
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.
ARTICLE III. - FLOOD
RESISTANT DEVELOPMENT
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DIVISION 1. - BUILDINGS AND STRUCTURES
Sec. 62-127. - Specific
standards.
********
(3) Enclosures below the
lowest floor. New
construction and Substantial
improvements that include
fully enclosed areas formed
by foundation and other
exterior walls below the
Lowest floor elevation shall
be designed to preclude
finished living space and
designed to allow for the
entry and exit of Floodwaters
to automatically equalize
hydrostatic Flood forces on
exterior walls.
(a) Designs for complying
with this requirement
must either be certified
by a Professional
engineer or Registered
architect or meet or
exceed the following
minimum criteria:
(i) Provide a minimum
of two openings on
different sides of
each enclosed area
having a total net
area of not less
than one square
Sec. 62-112. – Enclosures below the lowest floor.
Enclosed areas below elevated buildings and structures shall
comply with the requirements of the Florida Building Code,
shall be limited to parking of vehicles, storage, and building
access, and shall comply with the following:
(1) 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
measuring 3.0 ft. by 8.0 ft.), or entry to the living area
(stairway or elevator);
(2) The interior portion of such enclosed area shall be
unfinished or temperature-controlled (air conditioned);
(3) All areas that are partitioned within the enclosed
area shall be vented in accordance with the Florida
Building Code.
(4) All construction below the lowest floor shall be
built with flood damage-resistant materials, for example:
pressure treated wood and water-durable and mold
resistant cement backerboard.
(5) Section 104.3, regarding a Declaration of Land
Restriction (Non-conversion agreement.)
Retaining some of the
existing provisions, to support
the minimum standards for
enclosures regarding
partitioning but are not
tempted to create a livable
space.
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inch for every
square foot of
enclosed area
subject to Flooding;
(ii) The bottom of all
openings shall be
no higher than one
foot above adjacent
interior grade
(which must be
equal to or higher in
elevation than the
adjacent exterior
grade); and
(iii) Openings may be
equipped with
screens, louvers,
valves, or other
coverings or
devices provided
they provide the
required net area of
the openings and
permit the
automatic flow of
Floodwaters in both
directions.
(b) Fully enclosed
areas below the
lowest floor shall
solely be used for
parking of vehicles,
storage, and
Building access.
Access to the
enclosed area shall
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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).
Sec. 62-127. - Specific
standards.
(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
Sec. 62-113. – Detached accessory structures. Detached
accessory structures that are not elevated (garages, tool sheds,
storage buildings, steel ISO 10’-20’-40’ storage containers, etc.)
may be positioned on the ground or a slab, properly vented, and
adequately anchored to withstand wind and buoyancy forces, or
secured to piers. A property owner must provide a signed
Declaration of Land Restriction (Non-conversion agreement)
prior to the issuance of the certificate of completion for detached
accessory structures that are not elevated and are greater than
120 square feet.
To allow for the minimum
standards for accessory
structure and to ensure
property owners are aware
that conversions are not
legal.
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Structures incidental to
a permitted land use
located on the same
parcel. Uses identified
elsewhere in this
Ordinance are not
accessory uses.
(a) Accessory
structures shall not
be used for any
other use than
parking of vehicles
and storage.
(b) Accessory
structures shall be
designed to have
low Flood damage
potential (wet
Floodproofing).
(c) Accessory
structures shall be
constructed and
placed on the
Building site so as
to offer the
minimum
resistance to the
flow of
Floodwaters.
(d) Accessory
structures shall be
firmly anchored to
prevent flotation
which may result in
damage to other
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Structures. This is a
mandatory
measure, pursuant
to 44 CFR Section
60.3(a)(3)(i).
(e) Service facilities
such as electrical
and heating
equipment shall be
elevated at or
above the BFE or
Floodproofed.
(f) Openings to
automatically
equalize flood
hydrostatic forces
on exterior walls
during the Base
Flood shall be
provided below
BFE in
conformance with
44 CFR Section
60.3(c)(5).
(g) Steel ISO 10'-20'-
40' Storage
Containers may be
positioned on the
earth and anchored
as described in
Division 5,
Subsection 62-
126(4) above, or
secured to piers.
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(h) Vertical tool sheds
and storage
Buildings may be
positioned on the
earth and shall be
anchored as
described in
Division 5,
Subsection 62-
126(4), above, or
secured to piers.
Sec. 62-114. – Design and construction of nonresidential
farm buildings on farms. Pursuant to Section 62-33 of this
ordinance, nonresidential farm buildings on farms that are
exempt from the Florida Building Code, including substantial
improvement or repair of substantial damage of such
buildings, shall be designed and constructed in accordance with
the flood load and flood resistant construction requirements of
ASCE 24. If required to be elevated in accordance with ASCE
24, nonresidential farm buildings on farms shall be elevated to
or above the base flood elevation. Structures exempt from the
Florida Building Code that are not walled and roofed buildings
shall comply with the requirements of Division 7 of this article.
To allow nonresidential farm
buildings to ONLY elevate to
the BFE, not BFE + 1. They
will also not have to be
elevated to 18” or 24” above
the COR.
new Sec. 62-115. – Permanently-mounted air-conditioners,
generators, and other exterior mechanical equipment. When
installed with new construction or replaced as part of substantial
improvement or repair of substantial damage, permanently-
mounted air-conditioners, generators, and other exterior
mechanical equipment shall be elevated to or above the
elevation required by the Florida Building Code - Residential
Sec. R322.1.6 or Florida Building Code – Building, Sec. 1612
(ASCE 24), as applicable. When not part of substantial
improvement or repair of substantial damage, replacement of
permanently-mounted air-conditioners, generators, and exterior
mechanical equipment shall be elevated to or above the BFE or
the lowest floor elevation of the building served.
To make it transparent that
replacement of permanently-
mounted air-conditioners,
generators, and exterior
mechanical equipment shall
be elevated to or above the
BFE, OR the lowest floor
elevation of the building
served. Currently, they are
replaced at grade.
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Sec. 62-116. – Pool Equipment. When installed with new
construction, pool equipment shall be elevated to or above the
elevation required by the Florida Building Code – Residential
R322.1.6 or Florida Building Code – Building, Sec. 1612 (ASCE
24), as applicable. Where new pool equipment is installed on an
existing pool, the pool equipment shall be elevated to or above
the lowest floor elevation of the building served. Where pool
equipment is installed to replace existing pool equipment, the
new pool equipment shall be elevated to or above the elevation
of the existing pool equipment. In cases where the elevation of
pool equipment will hinder access for repair and maintenance, a
letter may be submitted by the pool contractor to the building
official demonstrating that the equipment can be installed to
resist flood forces and is GFI protected per the National Electric
Code (NEC) 2014, 680.21 (C ), as may be amended from time
to time.
To support elevation and
reduce debris, while
recognizing sometimes
elevation to BFE +1 is not
reasonable and providing an
alternative.
DIVISION 5. - PROVISIONS
FOR FLOOD HAZARD
REDUCTION
Sec. 62-126. - General
standards.
**********
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
Sec. 62-118. – Lowest floor elevation requirements for
Residential buildings. Area below the lowest floor shall be
limited to storage, access, and parking.
(1) Residential buildings subject to South Florida
Water Management District Permit requirements
or were previously approved to a 100 year, three-
day, zero-discharge stormwater plan standard,
shall have the lowest floor elevated at or above
the elevation required by the District Permit,
Florida Building Code, or Sec. 62-119, below, as
applicable.
(2) All residential buildings not subject to (1) and
located in a flood hazard area, Zone X-500, and
Zone X shall have the lowest floor elevated at or
above the elevation required by the Florida
Building code or as follows, whichever is higher:
a. Buildings located on a paved road must
be elevated 18 inches above the crown of
the nearest street or interior finished
Limits this existing concept to
residential building only.
Changes:
1. Specifies that the min.
elevations apply when
a structure is not
within a SFWMD
permit. The standards
are applied this way
currently.
2. Adds the ability for the
County Engineer to
provide exceptions for
very high pavement
elevation situations.
3. Amends the current
slab requirements to
only apply to attached
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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
roadway system. In the event that the
nearest street or interior finished roadway
system is located on an evacuation route
or other unusually high pavement
elevation as agreeable by the County
Engineer, the residential building may be
elevated a minimum of 18 inches above
the crown of the nearest side street.
b. Residential buildings located on a graded
or otherwise unfinished road must be
elevated a minimum of 24 inches above
the crown of the nearest street.
c. Attached garages and lanais for
residential buildings shall have the
lowest slab at or above the crown of the
nearest street. See Section 62-113 for
detached structures.
d. On parcels where unusual topographic
conditions exist and the standard
conditions established in Subsection 62-
118(1)a., b., and c. above 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 100-year, 3-day storm
event using zero discharge, for the entire
discharge, for the 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 elevation
required by the Florida Building Code.
residential garages
and lanais, not
carports or any
detached structure or
commercial garage,
etc.
4. Narrows the scope for
the stormwater
analysis which better
aligns with the DFIRM
and provides flexibility
depending on the
area for the drainage
basin used.
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located on an
evacuation
route, or other
unusually high
pavement
elevation as
agreeable by
the County
Engineer, a
minimum of 18
inches above
the crown of
the nearest
side street; or
iii. Graded or
unfinished
Road - 24
inches above
the crown if
graded or
otherwise
unfinished; or
iv. Mean Sea
Level - Lowest
floors should
be no lower
than elevation
5.7 feet in
relation to
NAVD of 1988
[with an
allowable
exception for
the bottom of
the lowest
horizontal
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structural
member of the
Lowest floor of
accessory
structures
within the V-
Zones as
described in
Section 62-
129(13)(h)]; or
v. Water
Management
Design -
1. Buildings
with
projects
which
have
water
managem
ent routing
and
storage
facilities
designed
and built
for a 25
year, 3
day storm
event in
accordanc
e with
South
Florida
Water
Managem
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ent
District's
criteria
may use a
Lowest
floor
elevation
in
accordanc
e with the
project's
water
managem
ent
designed
100 year
zero
discharge
elevation
or the
FIRM
elevation,
whichever
is higher.
2. Buildings
which are
not within
projects
having
water
managem
ent
storage
facilities
designed
and built
for a 25
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year, 3
day storm
event in
accordanc
e with
South
Florida
Water
Managem
ent
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
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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.
Sec. 62-119 – Buildings and structures removed from the
special flood hazard area. Buildings and structures removed
Requires projects permitted
that are removed from the
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from the special flood hazard area shall be elevated so that the
lowest slab, such as a garage, lanai, enclosure, etc. is above the
lowest lot elevation (GROUND) as identified on the Letter of Map
Change provided by FEMA. Further, the lowest adjacent grade
of a building or structure must be at or above the base flood
elevation as established on the DFIRM.
SFHA be elevated as
established on the Letter of
Map Change, or at the
minimum, meet NFIP
standards.
DIVISION 2. - SUBDIVISIONS
Sec. 62-128. - Specific
standards for A-zones without
base flood elevations and
regulatory floodways.
Located within the SFHA
established in SECTION
THREE, B, where there exist A-
Zones for which no BFE data and
Regulatory floodway have been
provided or designated by
FEMA, the following provisions
shall apply:
(1) Require standards of
Division 5, Section 62-
126.
(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
Sec. 62-131. – Minimum requirements. Subdivision proposals,
including proposals for manufactured home parks and
subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to
minimize flood damage and will be reasonably safe from
flooding;
(2) Where the subdivision has more than 50 lots or is
larger than 5 acres and base flood elevations are not
included on the FIRM, the base flood elevations are
determined in accordance with Section 62-42(1) of this
ordinance; and
(3) All public utilities and facilities such as sewer,
gas, electric, communications, and water systems are
located and constructed to minimize or eliminate flood
damage; and
(4) Adequate drainage is provided to reduce
exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide
floodwaters around and away from proposed structures;
and
(5) The site improvement and utilities requirements
of Division 3 of this article are satisfied.
Cross reference to the new
permanent utilities section.
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forth in Division 5,
Section 62-127, shall
apply.
DIVISION 4. - MANUFACTURED HOMES
Sec. 62-155. – General elevation requirement. Unless subject
to the requirements of Section 62-154 of this ordinance, all
manufactured homes that are placed, replaced, or
substantially improved on sites located: (a) outside of a
manufactured home park or subdivision; (b) in a new
manufactured home park or subdivision; (c) in an expansion
to an existing manufactured home park or subdivision; or
(d) in an existing manufactured home park or subdivision
upon which a manufactured home has incurred substantial
damage as the result of a flood, shall be elevated such that the
lowest floor is at or above the elevation required, as applicable
to the flood hazard area, in the Florida Building Code,
Residential Section R322.2 (Zone A) or Section R322.3 (Zone
V).
Sec. 62-156. – Elevation requirement for certain existing
manufactured home parks and subdivisions. Manufactured
homes that are not subject to Section 62-155 of this ordinance,
including manufactured homes that are placed, replaced, or
substantially improved on sites located in an existing
manufactured home park or subdivision, unless on a site
where substantial damage as result of flooding has occurred,
shall be elevated such that either the:
(1) Lowest Floor of the manufactured home is at or
above the elevation required, as applicable to the flood
hazard area, in the Florida Building Code, Residential
Section R322.2 (Zone A) or Section R322.3 (Zone V); or
(2) Bottom of the frame is supported by reinforced
piers or other foundation elements of at least equivalent
strength that are not less than 36 inches in height above
grade.
Changing the Model
Ordinance to reflect the
County’s current elevation
requirements for MHUs, and
not a higher standard.
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new Sec. 62-157. – Enclosures. Enclosed areas below elevated
manufactured homes shall comply with the requirements of the
Florida Building Code, Residential Section R322 for such
enclosed areas, as applicable to the flood hazard area. If semi-
rigid skirting is attached to the manufactured home frame,
documentation shall be provided by a registered design
professional stating the skirting does not provide structural
support and will collapse under wind and water loads that are
expected during occurrence of the base flood without causing
structural damage to the elevated home or foundation.
This is current policy and is
not described in FEMA
technical bulletins. Required
to clarify construction type for
CRS and allows for flexibility
and visually appealing MHUs.
new Sec. 62-158. – Utility equipment. Utility equipment that serves
manufactured homes, including electric, heating, ventilation,
plumbing, and air conditioning equipment, and other service
facilities, shall comply with the requirements of the Florida
Building Code, Residential Section R322, as applicable to the
flood hazard area. Replacement of permanently-mounted air
conditioning equipment, generators, and exterior mechanical
equipment shall comply with Section 62-115.
Cross reference to
requirements.
new Sec. 62-159. – Permits required for additions, attachments,
improvements and repair of manufactured homes. Building
permits are required for additions, attachments, improvements
and repair of damage by any cause to manufactured homes.
Any addition or attachment that is structurally connected to the
manufactured home or is freestanding shall be constructed to
meet the Florida Building Code, as may be amended from time
to time. The design of an addition or attachment shall use the
current wind criteria for the zone.
1. An addition or attachment shall only be allowed where a
manufactured home was constructed with a host beam
by the manufacturer in order to provide the necessary
structural support for the connection between the two
structures. For manufactured homes that were not
constructed by the manufacturer to support additions or
attachments connected to them, the addition or
To ensure that improvements
to manufactured homes are
done per code and safely.
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attachment shall be freestanding, other than flashing
required for weather-tightness.
2. Applications for repair of structural components of a
manufactured home shall include letters from a
registered design professional or a mobile home
inspector that states the structure is in compliance with
the applicable Manufactured Home Construction and
Safety Standards, developed by HUD, standards in place
at the time of assembly.
Sec. 62-129. - Specific
standards for coastal high
hazard areas (V-zones).
**********
(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
Removing the existing
standards and using the non-
conversion agreement in lieu
of complete restrictions.
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used only for
storage.
(b) Maximum
allowable size of
Accessory
structures in V-
Zones is 100
square feet.
(c) Maximum
allowable value of
Accessory
structures in V-
Zones is $2,500.00.
(d) Consideration
must be given to
the effects the
debris from the
Building will have
on adjacent
Buildings.
(e) Detached garages
are not allowed in
V-Zones.
(f) The structural
system shall utilize
pilings, adequately
embedded to resist
scour and lateral
deflection. The
lowest horizontal
structural member
of roof systems,
including plates
and beams
connecting the
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upright supports of
the Structure, shall
be placed at or
above the BFE.
(g) Any small
Accessory
structure enclosure
below the BFE shall
be constructed with
Breakaway walls,
such as wooden
lattice or insect
screening, in
conformance with
44 CFR Section
60.3(e)(5).
(h) Floors shall be at
or very close to
grade.
16.A.4
Packet Pg. 347 Attachment: Exhibit 2. Table of significant changes (6625 : Floodplain Management Planning Comittee -
Regular Text: State Model Ord.
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Chapter 62 - FLOODS 1
ARTICLE I. - ADMINISTRATION 2
DIVISION 1. - GENERAL 3
Sec. 62-1. - -Title. These regulations shall be known as the Floodplain Management Ordinance 4
of Collier County, Florida, hereinafter referred to as “this ordinance.” 5
Sec. 62-2. - Scope. The provisions of this ordinance shall apply to all development that is wholly 6
within or partially within any flood hazard area, including but not limited to the subdivision of land; 7
filling, grading, and other site improvements and utility installations; construction, alteration, 8
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, 9
structures, and facilities that are exempt from the Florida Building Code; placement, installation, 10
or replacement of manufactured homes and manufactured buildings; installation or replacement 11
of tanks; placement of recreational vehicles; installation of swimming pools; and any other 12
development. This ordinance shall also apply to establishing minimum floor elevations for 13
buildings constructed within areas identified as Zone X and X-500 on the Flood Insurance Rate 14
Maps adopted in Section 62-13. 15
Sec. 62-3. - Intent. The purposes of this ordinance and the flood load and flood resistant 16
construction requirements of the Florida Building Code are to establish minimum requirements to 17
safeguard the public health, safety, and general welfare and to minimize public and private losses 18
due to flooding through regulation of development in flood hazard areas to: 19
(1) Minimize unnecessary disruption of commerce, access and public service during 20
times of flooding; 21
(2) Require the use of appropriate construction practices in order to prevent or 22
minimize future flood damage; 23
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, 24
storage of equipment or materials, and other development which may increase flood 25
damage or erosion potential; 26
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to 27
minimize the impact of development on the natural and beneficial functions of the 28
floodplain; 29
(5) Minimize damage to public and private facilities and utilities; 30
(6) Help maintain a stable tax base by providing for the sound use and development 31
of flood hazard areas; 32
(7) Minimize the need for future expenditure of public funds for flood control projects 33
and response to and recovery from flood events; and 34
(8) Meet the requirements of the National Flood Insurance Program for community 35
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. 36
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Double Underlined Text: Local provision that is new language
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Sec. 62-4. - Coordination with the Florida Building Code. This ordinance is intended to be 1
administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 2
refers to the edition of the standard that is referenced by the Florida Building Code. 3
Sec. 62-5. - Warning. The degree of flood protection required by this ordinance and the Florida 4
Building Code, as amended by this community, is considered the minimum reasonable for 5
regulatory purposes and is based on scientific and engineering considerations. Larger floods can 6
and will occur. Flood heights may be increased by man made or natural causes. This ordinance 7
does not imply that land outside of mapped special flood hazard areas, or that uses permitted 8
within such flood hazard areas, will be free from flooding or flood damage. The flood hazard 9
areas and base flood elevations contained in the Flood Insurance Study and shown on Flood 10
Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 11
59 and 60 may be revised by the Federal Emergency Management Agency, requiring this 12
community to revise these regulations to remain eligible for participation in the National Flood 13
Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed 14
by compliance with this ordinance. 15
Sec. 62-6. - Disclaimer of Liability. This ordinance shall not create liability on the part of the 16
Board of County Commissioners of Collier County, Florida or by any officer or employee thereof 17
for any flood damage that results from reliance on this ordinance or any administrative decision 18
lawfully made thereunder. 19
Secs. 62-7—62.10. – Reserved. 20
DIVISION 2. - APPLICABILITY 21
Sec. 62-11. - General. Where there is a conflict between a general requirement and a specific 22
requirement, the specific requirement shall be applicable. 23
Sec. 62-12. - Areas to which this ordinance applies. This ordinance shall apply to all flood 24
hazard areas within the unincorporated Collier County, as established in Section 62-13 of this 25
ordinance. Additionally, the requirements for establishing minimum floor elevations shall be 26
applicable for all areas identified as Zone X and X 500. 27
Sec. 62-13. - Basis for establishing flood hazard areas. The Flood Insurance Study for Collier 28
County, Florida and Incorporated Areas dated May 16, 2012, and all subsequent amendments 29
and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent 30
amendments and revisions to such maps, are adopted by reference as a part of this ordinance 31
and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps 32
that establish flood hazard areas are on file at the office of the Clerk to the Board of County 33
Commissioners located at the County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th 34
Floor, Naples, FL 34112. 35
Sec. 62-14. - Submission of additional data to establish flood hazard areas. To establish 36
flood hazard areas and base flood elevations, pursuant to Division 5 of this article the 37
Floodplain Administrator may require submission of additional data. Where field surveyed 38
topography prepared by a Florida licensed professional surveyor or digital topography accepted 39
by the community indicates that ground elevations: 40
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Regular Text: State Model Ord.
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Double Underlined Text: Local provision that is new language
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(1) Are below the closest applicable base flood elevation, even in areas not 1
delineated as a special flood hazard area on a FIRM, the area shall be considered as 2
flood hazard area and subject to the requirements of this ordinance and, as applicable, 3
the requirements of the Florida Building Code. 4
(2) Are above the closest applicable base flood elevation, the area shall be regulated 5
as special flood hazard area unless the applicant obtains a Letter of Map Change that 6
removes the area from the special flood hazard area. 7
Sec. 62-15. - Other laws. The provisions of this ordinance shall not be deemed to nullify any 8
provisions of local, state or federal law. 9
Sec. 62-16. - Abrogation and greater restrictions. This ordinance supersedes any ordinance 10
in effect for management of development in flood hazard areas. However, it is not intended to 11
repeal or abrogate any existing ordinances including but not limited to land development 12
regulations, zoning ordinances, stormwater management regulations, or the Florida Building 13
Code. In the event of a conflict between this ordinance and any other ordinance, the more 14
restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or 15
easement, but any land that is subject to such interests shall also be governed by this ordinance. 16
Sec. 62-17. - Interpretation. In the interpretation and application of this ordinance, all provisions 17
shall be: 18
(1) Considered as minimum requirements; 19
(2) Liberally construed in favor of the governing body; and 20
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. 21
Secs. 62-18—62.20. – Reserved. 22
DIVISION 3. - DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR 23
Sec. 62-21. - Designation. The County Manager or designee is designated as the Floodplain 24
Administrator. The Floodplain Administrator may delegate performance of certain duties to 25
other employees. 26
Sec. 62-22. - General. The Floodplain Administrator is authorized and directed to administer 27
and enforce the provisions of this ordinance. The Floodplain Administrator shall have the 28
authority to render interpretations of this ordinance consistent with the intent and purpose of this 29
ordinance and may establish policies and procedures in order to clarify the application of its 30
provisions. Such interpretations, policies, and procedures shall not have the effect of waiving 31
requirements specifically provided in this ordinance without the granting of a variance pursuant 32
to Division 7 of this article. The Floodplain Administrator may consult with and rely on technical 33
bulletins, desk references, and other guidance publications issued by the Federal Emergency 34
Management Agency for guidance in the administration and interpretation of this ordinance and 35
advising on the flood provisions of the Florida Building Code. 36
Sec. 62-23. - Duties of the Floodplain Administrator. The Floodplain Administrator, in 37
coordination with other pertinent offices of the community, shall: 38
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Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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(1) Review applications and plans to determine whether proposed new development 1
will be located in flood hazard areas; 2
(2) Review applications for modification of any existing development in flood hazard 3
areas for compliance with the requirements of this ordinance; 4
(3) Interpret flood hazard area boundaries where such interpretation is necessary to 5
determine the exact location of boundaries; a person contesting the determination shall 6
have the opportunity to appeal the interpretation; 7
(4) Provide available flood elevation and flood hazard information; 8
(5) Determine whether additional flood hazard data shall be obtained from other 9
sources or shall be developed by an applicant; 10
(6) Review applications to determine whether proposed development will be 11
reasonably safe from flooding; 12
(7) Require that applicants proposing alteration of a watercourse notify adjacent 13
communities and the Florida Division of Emergency Management, State Floodplain 14
Management Office, and submit copies of such notifications to the Federal Emergency 15
Management Agency (FEMA); 16
(8) Require applicants who submit hydrologic and hydraulic engineering analyses to 17
support permit applications to submit to FEMA the data and information necessary to 18
maintain the Flood Insurance Rate Maps if the analyses propose to change base flood 19
elevations, flood hazard area boundaries, or floodway designations; such submissions 20
shall be made within 6 months of such data becoming available; 21
(9) Issue floodplain development permits or approvals for development other 22
than buildings and structures that are subject to the Florida Building Code, including 23
buildings, structures and facilities exempt from the Florida Building Code, when 24
compliance with this ordinance is demonstrated, or disapprove the same in the event of 25
noncompliance; 26
(10) Coordinate with and provide comments to the Building Official to assure that 27
applications, plan reviews, and inspections for buildings and structures in flood hazard 28
areas comply with the applicable provisions of this ordinance; 29
(11) Review required design certifications and documentation of elevations specified 30
by this ordinance and the Florida Building Code and this ordinance to determine that such 31
certifications and documentations are complete; 32
(12) Establish, in coordination with the Building Official, procedures for administering 33
and documenting determinations of substantial improvement and substantial damage 34
made pursuant to Section 62-24 of this ordinance; 35
(13) Advise applicants for new buildings and structures, including substantial 36
improvements, that are located in any unit of the Coastal Barrier Resources System 37
established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier 38
16.A.5
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Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available 1
on such construction; areas subject to this limitation are identified on Flood Insurance 2
Rate Maps as “Coastal Barrier Resource System Areas” and “Otherwise Protected 3
Areas”; and 4
(14) Notify the Federal Emergency Management Agency when the corporate 5
boundaries of unincorporated Collier County, Florida are modified. 6
Sec. 62-24. - Substantial improvement and substantial damage determinations. For 7
applications for building permits to improve buildings, structures, and manufactured homes, 8
including alterations, movement, enlargement, replacement, repair, change of occupancy, 9
additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, 10
and any other improvement of or work on such buildings and structures, the Floodplain 11
Administrator, in coordination with the Building Official, shall: 12
(1) Estimate the market value, or require the applicant to obtain an appraisal of the 13
market value prepared by a qualified independent appraiser, of the building or structure 14
before the start of construction of the proposed work; in the case of repair, the market 15
value of the building or structure shall be the market value before the damage occurred 16
and before any repairs are made; 17
(2) Compare the cost to perform the improvement, the cost to repair a damaged 18
building to its pre-damaged condition, or the combined costs of improvements and repairs, 19
if applicable, to the market value of the building or structure; 20
(3) Determine and document whether the proposed work constitutes substantial 21
improvement or repair of substantial damage; and 22
(4) Notify the applicant if it is determined that the work constitutes substantial 23
improvement or repair of substantial damage and that compliance with the flood 24
resistant construction requirements of the Florida Building Code and this ordinance is 25
required. 26
(5) Property owners of buildings, structures and facilities regulated by, or exempt from, 27
the Florida Building Code, including manufactured homes, may appeal a substantial 28
damage determination first through the building permit process as established in the 29
Administrative Code for Land Development. Subsequent appeals shall be processed in 30
accordance with Article 7 of this article. 31
Sec. 62-25. - Modifications of the strict application of the requirements of the Florida 32
Building Code. The Floodplain Administrator shall review requests submitted to the Building 33
Official that seek approval to modify the strict application of the flood load and flood resistant 34
construction requirements of the Florida Building Code to determine whether such requests 35
require the granting of a variance pursuant to Division 7 of this article. 36
Sec. 62-26. - Notices and orders. The Floodplain Administrator shall coordinate with 37
appropriate local agencies for the issuance of all necessary notices or orders to ensure 38
compliance with this ordinance. 39
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Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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Sec. 62-27. - Inspections. The Floodplain Administrator shall make the required inspections 1
as specified in Division 6 of this article for development that is not subject to the Florida Building 2
Code, including buildings, structures and facilities exempt from the Florida Building Code. The 3
Floodplain Administrator shall inspect flood hazard areas to determine if development is 4
undertaken without issuance of a permit. 5
Sec. 62-28. - Floodplain management records. Regardless of any limitation on the period 6
required for retention of public records, the Floodplain Administrator shall maintain and 7
permanently keep and make available for public inspection all records that are necessary for the 8
administration of this ordinance and the flood resistant construction requirements of the Florida 9
Building Code, including Flood Insurance Rate Maps; Letters of Map Change; records of 10
issuance of permits and denial of permits; determinations of whether proposed work constitutes 11
substantial improvement or repair of substantial damage; required design certifications and 12
documentation of elevations specified by the Florida Building Code and this ordinance; 13
notifications to adjacent communities, FEMA, and the state related to alterations of 14
watercourses; assurances that the flood carrying capacity of altered watercourses will be 15
maintained; documentation related to appeals and variances, including justification for issuance 16
or denial; and records of enforcement actions taken pursuant to this ordinance and the flood 17
resistant construction requirements of the Florida Building Code. These records shall be available 18
for public inspection at the Growth Management Division-Planning and Regulation, 2800 North 19
Horseshoe Drive, Naples, FL 34104. 20
Secs. 62-29—62.30. – Reserved. 21
DIVISION 4. - PERMITS 22
Sec. 62-31. - Permits required. Any owner or owner’s authorized agent (hereinafter “applicant”) 23
who intends to undertake any development activity within the scope of this ordinance, including 24
buildings, structures and facilities exempt from the Florida Building Code, which is wholly within or 25
partially within any flood hazard area shall first make application to the Floodplain Administrator, 26
and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No 27
such permit or approval shall be issued until compliance with the requirements of this ordinance and 28
all other applicable codes and regulations has been satisfied. 29
Sec. 62-32. - Floodplain development permits or approvals. Floodplain development permits 30
or approvals shall be issued pursuant to this ordinance for any development activities not subject to 31
the requirements of the Florida Building Code, including buildings, structures and facilities exempt 32
from the Florida Building Code. Depending on the nature and extent of proposed development that 33
includes a building or structure, the Floodplain Administrator may determine that a floodplain 34
development permit or approval is required in addition to a building permit. 35
Sec. 62-33. - Buildings, structures and facilities exempt from the Florida Building Code. 36
Pursuant to the requirements of federal regulation for participation in the National Flood Insurance 37
Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall 38
be required for the following buildings, structures and facilities that are exempt from the Florida 39
Building Code and any further exemptions provided by law, which are subject to the requirements 40
of this ordinance: 41
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Packet Pg. 353 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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(1) Railroads and ancillary facilities associated with the railroad. 1
(2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. 2
(3) Temporary buildings or sheds used exclusively for construction purposes. 3
(4) Mobile or modular structures used as temporary offices. 4
(5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which 5
are directly involved in the generation, transmission, or distribution of electricity. 6
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe 7
of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden 8
hut that has a thatched roof of palm or palmetto or other traditional materials, and that 9
does not incorporate any electrical, plumbing, or other non-wood features. 10
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and 11
assembled on site or preassembled and delivered on site and have walls, roofs, and a 12
floor constructed of granite, marble, or reinforced concrete. 13
(8) Temporary housing provided by the Department of Corrections to any prisoner in the state 14
correctional system. 15
(9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida 16
Building Code if such structures are located in flood hazard areas established on Flood 17
Insurance Rate Maps 18
19
Sec. 62-34. - Application for a permit or approval. To obtain a floodplain development permit 20
or approval the applicant shall first file an application in writing on a form furnished by the 21
community. The information provided shall: 22
(1) Identify and describe the development to be covered by the permit or approval. 23
(2) Describe the land on which the proposed development is to be conducted by legal 24
description, street address or similar description that will readily identify and definitively 25
locate the site. 26
(3) Indicate the use and occupancy for which the proposed development is intended. 27
(4) Be accompanied by a site plan or construction documents as specified in Division 5 of this 28
article. 29
(5) State the valuation of the proposed work. 30
(6) Be signed by the applicant or the applicant's authorized agent. 31
(7) Give such other data and information as required by the Floodplain Administrator. 32
(8) A signed Declaration of Land Restriction (Non-conversion Agreement) shall be recorded 33
on the property deed prior to issuance of the certificate of occupancy or certificate of 34
completion for the following: 35
a. An enclosure below an elevated building 36
b. A crawl/underfloor space that are more than 5 feet in height (measured from the 37
lowest interior grand or floor to the bottom of the floor system above) 38
c. A detached structure that is not elevated and is larger than 120 square feet in 39
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Packet Pg. 354 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
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Double Underlined Text: Local provision that is new language
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area. 1
2
Sec. 62-35. - Validity of permit or approval. The issuance of a floodplain development permit 3
or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, 4
any violation of this ordinance, the Florida Building Codes, or any other ordinance of this 5
community. The issuance of permits based on submitted applications, construction documents, 6
and information shall not prevent the Floodplain Administrator from requiring the correction of 7
errors and omissions. 8
Sec. 62-36. - Expiration. A floodplain development permit or approval shall become invalid 9
unless the work authorized by such permit is commenced within 180 days after its issuance, or if 10
the work authorized is suspended or abandoned for a period of 180 days after the work 11
commences. Extensions for periods of not more than 180 days each shall be requested in writing 12
and justifiable cause shall be demonstrated. 13
Sec. 62-37. - Suspension or revocation. The Floodplain Administrator is authorized to 14
suspend or revoke a floodplain development permit or approval if the permit was issued in 15
error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this 16
ordinance or any other ordinance, regulation or requirement of this community. 17
Sec. 62-38. - Other permits required. Floodplain development permits and building permits 18
shall include a condition that all other applicable state or federal permits be obtained before 19
commencement of the permitted development, including but not limited to the following: 20
(1) The South Florida Water Management District; section 373.036, F.S. 21
(2) Florida Department of Health for onsite sewage treatment and disposal systems; 22
section 381.0065, F.S. and Chapter 64E-6, F.A.C. 23
(3) Florida Department of Environmental Protection for construction, reconstruction, 24
changes, or physical activities for shore protection or other activities seaward of the 25
coastal construction control line; section 161.141, F.S. 26
(4) Florida Department of Environmental Protection for activities subject to the Joint 27
Coastal Permit; section 161.055, F.S. 28
(5) Florida Department of Environmental Protection for activities that affect wetlands 29
and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; 30
Section 404 of the Clean Water Act. 31
(6) Federal permits and approvals. 32
Secs. 62-39—62.40. – Reserved. 33
DIVISION 5. - SITE PLANS AND CONSTRUCTION DOCUMENTS 34
Sec. 62-41. - Information for development in flood hazard areas. The Floodplain 35
Administrator is authorized to waive the submission of site plans, construction documents, and 36
other data that are required by this ordinance but that are not required to be prepared by a 37
registered design professional if it is found that the nature of the proposed development is such 38
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Regular Text: State Model Ord.
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that the review of such submissions is not necessary to ascertain compliance with this ordinance. 1
The site plan or construction documents for any development subject to the requirements of this 2
ordinance shall be drawn to scale and shall include, as applicable to the proposed development: 3
(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base 4
flood elevation(s), and ground elevations if necessary for review of the proposed 5
development. 6
(2) Where base flood elevations, or floodway data are not included on the FIRM or 7
in the Flood Insurance Study, they shall be established in accordance with Section 62-8
42(2) or (3) of this ordinance. 9
(3) Where the parcel on which the proposed development will take place will have 10
more than 50 lots or is larger than 5 acres and the base flood elevations are not included 11
on the FIRM or in the Flood Insurance Study, such elevations shall be established in 12
accordance with Section 62-42(1) of this ordinance. 13
(4) Location of the proposed activity and proposed structures, and locations of 14
existing buildings and structures; in coastal high hazard areas, new buildings shall 15
be located landward of the reach of mean high tide. 16
(5) Location, extent, amount, and proposed final grades of any filling, grading, or 17
excavation. 18
(6) Where the placement of fill is proposed, the amount, type, and source of fill 19
material; compaction specifications; a description of the intended purpose of the fill areas; 20
and evidence that the proposed fill areas are the minimum necessary to achieve the 21
intended purpose. 22
(7) Delineation of the Coastal Construction Control Line or notation that the site is 23
seaward of the coastal construction control line, if applicable. 24
(8) Extent of any proposed alteration of sand dunes or mangrove stands, provided 25
such alteration is approved by the Florida Department of Environmental Protection. 26
(9) Existing and proposed alignment of any proposed alteration of a watercourse. 27
Sec. 62-42. - Information in flood hazard areas without base flood elevations (approximate 28
Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data 29
have not been provided, the Floodplain Administrator shall: 30
(1) Require the applicant to include base flood elevation data prepared in 31
accordance with currently accepted engineering practices. 32
(2) Obtain, review, and provide to applicants base flood elevation and floodway data 33
available from a federal or state agency or other source or require the applicant to obtain 34
and use base flood elevation and floodway data available from a federal or state agency 35
or other source. 36
16.A.5
Packet Pg. 356 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
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Double Underlined Text: Local provision that is new language
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(3) Where base flood elevation and floodway data are not available from another 1
source, where the available data are deemed by the Floodplain Administrator to not 2
reasonably reflect flooding conditions, or where the available data are known to be 3
scientifically or technically incorrect or otherwise inadequate: 4
(a) Require the applicant to include base flood elevation data prepared in 5
accordance with currently accepted engineering practices; or 6
(b) Specify that the base flood elevation is four (4) feet above the highest 7
adjacent grade or Wet Season W ater Table, whichever is higher, OR if utilizing a 8
pressurized septic design, engineering justifications, considering adjacent f lood 9
elevations and other applicable criteria, may be presented to the Floodplain 10
Administrator for consideration of a lowered flood elevation, but in no case can 11
the lowest floor be less than three (3) feet above the highest adjacent grade or 12
Wet Season Water Table, whichever is higher at the location of the development, 13
provided there is no evidence indicating flood depths have been or may be greater 14
than the proposed elevation. 15
(4) Where the base flood elevation data are to be used to support a Letter of Map 16
Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida 17
licensed engineer in a format required by FEMA, and that it shall be the responsibility of 18
the applicant to satisfy the submittal requirements and pay the processing fees. 19
Sec. 62-43. - Additional analyses and certifications. As applicable to the location and nature 20
of the proposed development activity, and in addition to the requirements of this section, the 21
applicant shall have the following analyses signed and sealed by a Florida licensed engineer for 22
submission with the site plan and construction documents: 23
(1) For development activities proposed to be located in a regulatory floodway, a 24
floodway encroachment analysis that demonstrates that the encroachment of the 25
proposed development will not cause any increase in base flood elevations; where the 26
applicant proposes to undertake development activities that do increase base flood 27
elevations, the applicant shall submit such analysis to FEMA as specified in Section 62-28
44 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by 29
FEMA, with the site plan and construction documents. 30
(2) For development activities proposed to be located in a riverine flood hazard area 31
for which base flood elevations are included in the Flood Insurance Study or on the 32
FIRM and floodways have not been designated, hydrologic and hydraulic analyses that 33
demonstrate that the cumulative effect of the proposed development, when combined 34
with all other existing and anticipated flood hazard area encroachments, will not 35
increase the base flood elevation more than one (1) foot at any point within the 36
community. This requirement does not apply in isolated flood hazard areas not 37
connected to a riverine flood hazard area or in flood hazard areas identified as Zone 38
AO or Zone AH. 39
(3) For alteration of a watercourse, an engineering analysis prepared in accordance 40
with standard engineering practices which demonstrates that the flood-carrying capacity 41
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Regular Text: State Model Ord.
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Double Underlined Text: Local provision that is new language
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of the altered or relocated portion of the watercourse will not be decreased, and 1
certification that the altered watercourse shall be maintained in a manner which 2
preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to 3
FEMA as specified in Section 62-44 of this ordinance. 4
(4) For activities that propose to alter sand dunes or mangrove stands in coastal 5
high hazard areas (Zone V), an engineering analysis that demonstrates that the proposed 6
alteration will not increase the potential for flood damage. 7
Sec. 62-44. - Submission of additional data. When additional hydrologic, hydraulic or other 8
engineering data, studies, and additional analyses are submitted to support an application, the 9
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood 10
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown 11
on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared 12
by a Florida licensed engineer in a format required by FEMA. Submittal requirements and 13
processing fees shall be the responsibility of the applicant. 14
Secs. 62-45—62.50. – Reserved. 15
DIVISION 6. - INSPECTIONS 16
Sec. 62-61. - General. Development for which a floodplain development permit or approval 17
is required shall be subject to inspection. 18
Sec. 62-62. - Development other than buildings and structures. The Floodplain 19
Administrator shall inspect all development to determine compliance with the requirements of 20
this ordinance and the conditions of issued floodplain development permits or approvals. 21
Sec. 62-63. - Buildings, structures and facilities exempt from the Florida Building Code. 22
The Floodplain Administrator shall inspect buildings, structures and facilities exempt from the 23
Florida Building Code to determine compliance with the requirements of this ordinance and the 24
conditions of issued floodplain development permits or approvals. 25
Sec. 62-64. - Buildings, structures and facilities exempt from the Florida Building Code, 26
lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to 27
further vertical construction, the owner of a building, structure or facility exempt from the Florida 28
Building Code, or the owner’s authorized agent, shall submit to the Floodplain Administrator: 29
(1) If a design flood elevation was used to determine the required elevation of the 30
lowest floor, the certification of elevation of the lowest floor prepared and sealed by a 31
Florida licensed professional surveyor; or 32
(2) If the elevation used to determine the required elevation of the lowest floor was 33
determined in accordance with Section 62-42(3)(b) of this ordinance, the documentation 34
of height of the lowest floor above highest adjacent grade, prepared by the owner or the 35
owner’s authorized agent. 36
Sec. 62-65. - Buildings, structures and facilities exempt from the Florida Building Code, 37
final inspection. As part of the final inspection, the owner or owner’s authorized agent shall 38
16.A.5
Packet Pg. 358 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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submit to the Floodplain Administrator a final certification of elevation of the lowest floor or final 1
documentation of the height of the lowest floor above the highest adjacent grade; such 2
certifications and documentations shall be prepared as specified in Section 62-64 of this 3
ordinance. 4
Sec. 62-66. - Manufactured homes. The Floodplain Administrator shall inspect manufactured 5
homes that are installed or replaced in flood hazard areas to determine compliance with the 6
requirements of this ordinance and the conditions of the issued permit. Upon placement of a 7
manufactured home, certification of the elevation of the lowest floor shall be submitted to the 8
Floodplain Administrator. 9
Secs. 62-67—62.70. – Reserved. 10
DIVISION 7. - VARIANCES AND APPEALS 11
Sec. 62-71. - Variances and appeals; in general. Requests for appeals and requests for 12
variances shall be processed in accordance with this section. Requests for appeals and 13
variances shall be accompanied with the fee specified in the Growth Management Department, 14
Development Services Fee Schedule. 15
(1) The Board of Zoning and Appeals shall hear and decide on requests for appeals when it 16
is alleged there is an error in any requirement, decision, or determination made by the 17
Floodplain Administrator in the administration and enforcement of this ordinance. The 18
Board of Zoning and Appeals shall hear requests for variances from the strict application 19
of the requirements of this ordinance and which are not requirements of the Florida 20
Building Code, in accordance with LDC section 10.09.00. Any person aggrieved by the 21
decision of the Board of Zoning and Appeals may appeal such decision to the Circuit 22
Court, as provided by Florida Statutes. 23
(2) Pursuant to section 553.73(5), F.S., the Board of Building Adjustments and Appeals shall 24
hear and decide on requests for appeals and requests for variances from the strict 25
application of the flood resistant construction requirements of the Florida Building Code. 26
This section does not apply to Section 3109 of the Florida Building Code, Building. 27
Sec. 62-72. - Limitations on authority to grant variances. The BZA shall base its decisions on 28
variances on technical justifications submitted by applicants, the considerations for issuance in 29
Section 62-76 of this ordinance, the conditions of issuance set forth in Section 62-77 of this 30
ordinance, and the comments and recommendations of the Floodplain Administrator and the 31
Building Official. The BZA has the right to attach such conditions as it deems necessary to further 32
the purposes and objectives of this ordinance. 33
Sec. 62-73. - Restrictions in floodways. A variance shall not be issued for any proposed 34
development in a floodway if any increase in base flood elevations would result, as evidenced 35
by the applicable analyses and certifications required in Section 62-43 of this ordinance. 36
Sec. 62-74. - Historic buildings. A variance is authorized to be issued for the repair, 37
improvement, or rehabilitation of a historic building that is determined eligible for the exception to 38
the flood resistant construction requirements of the Florida Building Code, Existing Building, 39
Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or 40
16.A.5
Packet Pg. 359 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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rehabilitation will not preclude the building’s continued designation as a historic building and the 1
variance is the minimum necessary to preserve the historic character and design of the building. 2
If the proposed work precludes the building’s continued designation as a historic building, a 3
variance shall not be granted and the building and any repair, improvement, and rehabilitation 4
shall be subject to the requirements of the Florida Building Code. 5
Sec. 62-75. - Functionally dependent uses. A variance is authorized to be issued for the 6
construction or substantial improvement necessary for the conduct of a functionally 7
dependent use, as defined in this ordinance, provided the variance meets the requirements of 8
Section 62-73, is the minimum necessary considering the flood hazard, and all due consideration 9
has been given to use of methods and materials that minimize flood damage during occurrence 10
of the base flood. 11
Sec. 62-76. - Considerations for issuance of variances. In reviewing requests for variances, 12
the BZA shall consider all technical evaluations, all relevant factors, all other applicable provisions 13
of the Florida Building Code, this ordinance, and the following: 14
(1) The danger that materials and debris may be swept onto other lands resulting in 15
further injury or damage; 16
(2) The danger to life and property due to flooding or erosion damage; 17
(3) The susceptibility of the proposed development, including contents, to flood 18
damage and the effect of such damage on current and future owners; 19
(4) The importance of the services provided by the proposed development to the 20
community; 21
(5) The availability of alternate locations for the proposed development that are 22
subject to lower risk of flooding or erosion; 23
(6) The compatibility of the proposed development with existing and anticipated 24
development; 25
(7) The relationship of the proposed development to the comprehensive plan and 26
floodplain management program for the area; 27
(8) The safety of access to the property in times of flooding for ordinary and 28
emergency vehicles; 29
(9) The expected heights, velocity, duration, rate of rise and debris and sediment 30
transport of the floodwaters and the effects of wave action, if applicable, expected at the 31
site; and 32
(10) The costs of providing governmental services during and after flood conditions 33
including maintenance and repair of public utilities and facilities such as sewer, gas, 34
electrical and water systems, streets and bridges. 35
Sec. 62-77. - Conditions for issuance of variances. Variances shall be issued only upon: 36
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Packet Pg. 360 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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(1) Submission by the applicant, of a showing of good and sufficient cause that the 1
unique characteristics of the size, configuration, or topography of the site limit compliance 2
with any provision of this ordinance or the required elevation standards; 3
(2) Determination by the BZA that: 4
(a) Failure to grant the variance would result in exceptional hardship due to the 5
physical characteristics of the land that render the lot undevelopable; increased 6
costs to satisfy the requirements or inconvenience do not constitute hardship; 7
(b) The granting of a variance will not result in increased flood heights, 8
additional threats to public safety, extraordinary public expense, nor create 9
nuisances, cause fraud on or victimization of the public or conflict with existing 10
local laws and ordinances; and 11
(c) The variance is the minimum necessary, considering the flood hazard, to 12
afford relief; 13
(3) Receipt of a signed statement by the applicant that the variance, if granted, shall 14
be recorded in the Office of the Clerk of the Court in such a manner that it appears in the 15
chain of title of the affected parcel of land; and 16
(4) If the request is for a variance to allow construction of the lowest floor of a new 17
building, or substantial improvement of a building, below the required elevation, a copy 18
in the record of a written notice from the Floodplain Administrator to the applicant for 19
the variance, specifying the difference between the base flood elevation and the 20
proposed elevation of the lowest floor, stating that the cost of federal flood ins urance will 21
be commensurate with the increased risk resulting from the reduced floor elevation (up to 22
amounts as high as $25 for $100 of insurance coverage), and stating that construction 23
below the base flood elevation increases risks to life and property. 24
Secs. 62-78—62.80. – Reserved. 25
DIVISION 8. - VIOLATIONS 26
Sec. 62-81. - Violations. Any development that is not within the scope of the Florida Building 27
Code but that is regulated by this ordinance that is performed without an issued permit, that is in 28
conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed 29
a violation of this ordinance. A building or structure without the documentation of elevation of the 30
lowest floor, other required design certifications, or other evidence of compliance required by this 31
ordinance or the Florida Building Code is presumed to be a violation until such time as that 32
documentation is provided. 33
Sec. 62-82. - Authority. For development that is not within the scope of the Florida Building 34
Code but that is regulated by this ordinance and that is determined to be a violation, the 35
Floodplain Administrator is authorized to serve notices of violation or stop work orders to 36
owners of the property involved, to the owner’s agent, or to the person or persons performing the 37
work. 38
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Packet Pg. 361 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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Sec. 62-83. - Unlawful continuance. Any person who shall continue any work after having been 1
served with a notice of violation or a stop work order, except such work as that person is directed 2
to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as 3
prescribed in the Collier County Consolidated Code Enforcement Ordinance as it may be 4
amended or replaced. 5
Secs. 62-84—62.90. – Reserved. 6
DIVISION 9. - TEMPORARY EMERGENCY HOUSING 7
Sec. 62-91. - Establishing the need for temporary emergency housing. To establish the need 8
for temporary emergency housing, the Board of County Commissioners must determine and 9
declare by simple majority vote that an emergency condition exists due to a natural or man-made 10
disaster. Based upon that disaster declaration the County Manager, through the Emergency 11
Management Director and the Floodplain Administrator, is authorized to allow for temporary 12
emergency housing in the special flood hazard area. 13
Sec. 62-92. - Placement of temporary emergency housing within the flood hazard area. The 14
Board of County Commissioners or the County Manager or designee, in coordination with the 15
Floodplain Administrator, may allow for post-disaster emergency temporary manufactured 16
homes, recreational vehicles or similar resources provided by FEMA, the Florida Division of 17
Emergency Management, the Collier County Department of Emergency Management or 18
successor of any of the previously described organizations, within the flood hazard areas for a 19
period of six months. This period may be extended by the Board taking the extent and severity of 20
the disaster into account. 21
Sec. 62-93. - Coastal high hazard area. Temporary emergency housing shall not be located 22
within the coastal high hazard area (Zone V). 23
Sec. 62-94. - Installation standards. Manufactured homes shall be placed in a manner 24
consistent with Division 4 of Article III. Recreational vehicles or similar road ready vehicles shall 25
comply with the requirements of Division 5 of Article III. 26
Sec. 62-05. - Emergency notification and evacuation plan. An emergency notification and 27
evacuation plan shall be prepared to ensure the safety of the occupants of the temporary 28
emergency housing. The emergency notification and evacuation plan shall be submitted, within 29
thirty (30) days of occupancy of the temporary emergency housing units, for review and 30
approval to the Collier County Department of Emergency Management. 31
Sec. 62-96. - Permit for the Temporary Placement of Emergency Housing. Prior to the 32
placement of all temporary emergency housing in the special flood hazard area, the applicant 33
shall be required to submit a temporary permit application to the Floodplain Administrator 34
affirming that the structure is in compliance with this section and 44 CFR 60.3 (e). 35
Sec. 62-97. - Consistent with Post-Disaster Recovery Ordinance. The efforts specified in this 36
section shall be consistent with the Code of Laws and Ordinances Chapter 38 – Civil 37
Emergencies. 38
Secs. 62-98—62.100. – Reserved. 39
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Packet Pg. 362 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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ARTICLE II. - DEFINITIONS AND ACRONYMS 1
Sec. 62-101. – General. Unless otherwise expressly stated, the following words, terms, and 2
acronyms shall, for the purposes of this ordinance, have the meanings shown in this section. 3
Where terms are not defined in this ordinance and are defined in the Florida Building Code, such 4
terms shall have the meanings ascribed to them in that code. Where terms are not defined in this 5
ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such 6
as the context implies. 7
Sec. 62-102. – Definitions. 8
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel 9
alignment, channelization, or change in cross-sectional area of the channel or the channel 10
capacity, or any other form of modification which may alter, impede, retard or change the direction 11
and/or velocity of the riverine flow of water during conditions of the base flood. 12
Appeal. A request for a review of the Floodplain Administrator’s interpretation of any provision 13
of this ordinance. 14
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the 15
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil 16
Engineers, Reston, VA. 17
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given year. 18
[Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100 year 19
flood" or the “1-percent-annual chance flood.” 20
Base flood elevation. The elevation of the base flood, including wave height, relative to the 21
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other 22
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 23
202.] 24
Basement. The portion of a building having its floor subgrade (below ground level) on all sides. 25
[Also defined in FBC, B, Section 202.] 26
Coastal construction control line. The line established by the State of Florida pursuant to 27
section 161.053, F.S., and recorded in the official records of the community, which defines that 28
portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, 29
storm waves or other predictable weather conditions. 30
Coastal A Zone. Area within a special flood hazard area, landward of a Zone V or landward of 31
an open coast without mapped coastal high hazard areas. The inland limit of the Coastal A Zone 32
is the Limit of Moderate Wave Action where delineated on the Flood Insurance Rate Map 33
(FIRM). 34
Coastal high hazard area. A special flood hazard area extending from offshore to the inland 35
limit of a primary frontal dune along an open coast and any other area subject to high velocity 36
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as 37
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Packet Pg. 363 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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“high hazard areas subject to high velocity wave action” or “V Zones” and are designated on 1
Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. 2
Declaration of Land Restriction (Non-conversion Agreement). A form provided by the 3
Floodplain Administrator to be signed by the owner and recorded on the property deed in Official 4
Records of the Clerk of Courts, stating the owner agrees to not convert or modify the following 5
construction in any manner that is inconsistent with the terms of the building permit and this 6
ordinance: (1) an enclosure below an elevated building, (2) crawl/underfloor spaces that are 7
more than 5 feet in height (measured from the lowest interior grade or floor to the bottom of the 8
floor system above); (3) a detached structure that is not elevated and is larger than 120 square 9
feet in area. 10
Design flood. The flood associated with the greater of the following two areas: [Also defined in 11
FBC, B, Section 202.] 12
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any 13
year; or 14
(2) Area designated as a flood hazard area on the community’s flood hazard map, or 15
otherwise legally designated. 16
Design flood elevation. The elevation of the “design flood,” including wave height, relative to 17
the datum specified on the community’s legally designated flood hazard map. In areas designated 18
as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the 19
building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas 20
designated as Zone AO where the depth number is not specified on the map, the depth number 21
shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.] 22
Development. Any man-made change to improved or unimproved real estate, including but not 23
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent 24
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling 25
operations or any other land disturbing activities. 26
Encroachment. The placement of fill, excavation, buildings, permanent structures or other 27
development into a flood hazard area which may impede or alter the flow capacity of riverine 28
flood hazard areas. 29
Existing building and existing structure. Any buildings and structures for which the start of 30
construction commenced before September 4, 1979. [Also defined in FBC, B, Section 202.] 31
Existing manufactured home park or subdivision. A manufactured home park or subdivision 32
for which the construction of facilities for servicing the lots on which the manufactured homes 33
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, 34
and either final site grading or the pouring of concrete pads) is completed before September 4, 35
1979. 36
Expansion to an existing manufactured home park or subdivision. The preparation of 37
additional sites by the construction of facilities for servicing the lots on which the manufactured 38
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Packet Pg. 364 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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homes are to be affixed (including the installation of utilities, the construction of streets, and either 1
final site grading or the pouring of concrete pads). 2
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to 3
carrying out other functions, administers the National Flood Insurance Program. 4
Flood or flooding. A general and temporary condition of partial or complete inundation of 5
normally dry land from: [Also defined in FBC, B, Section 202.] 6
(1) The overflow of inland or tidal waters. 7
(2) The unusual and rapid accumulation or runoff of surface waters from any source. 8
Flood damage-resistant materials. Any construction material capable of withstanding direct and 9
prolonged contact with floodwaters without sustaining any damage that requires more than 10
cosmetic repair. [Also defined in FBC, B, Section 202.] 11
Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 12
202.] 13
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in 14
any year. 15
(2) The area designated as a flood hazard area on the community’s flood hazard 16
map, or otherwise legally designated. 17
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal 18
Emergency Management Agency has delineated both special flood hazard areas and the risk 19
premium zones applicable to the community. [Also defined in FBC, B, Section 202.] 20
Flood Insurance Study (FIS). The official report provided by the Federal Emergency 21
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and 22
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting 23
technical data. [Also defined in FBC, B, Section 202.] 24
Floodplain Administrator. The office or position designated and charged with the administration 25
and enforcement of this ordinance. 26
Floodplain development permit or approval. An official document or certificate issued by the 27
community, or other evidence of approval or concurrence, which authorizes performance of 28
specific development activities that are located in flood hazard areas and that are determined 29
to be compliant with this ordinance. For the purposes of this Ordinance, this is synonymous with 30
the local site development plan, construction plans, or building permit, as applicable, (i.e., any 31
County authorization which must be approved by the County prior to proceeding with any 32
“development”.) 33
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that 34
must be reserved in order to discharge the base flood without cumulatively increasing the water 35
surface elevation more than one (1) foot. [Also defined in FBC, B, Section 202.] 36
16.A.5
Packet Pg. 365 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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Floodway encroachment analysis. An engineering analysis of the impact that a proposed 1
encroachment into a floodway is expected to have on the floodway boundaries and base flood 2
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using 3
standard engineering methods and models. 4
Florida Building Code. The family of codes adopted by the Florida Building Commission, 5
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building 6
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; 7
Florida Building Code, Fuel Gas. 8
Functionally dependent use. A use which cannot perform its intended purpose unless it is 9
located or carried out in close proximity to water, including only docking facilities, port facilities 10
that are necessary for the loading and unloading of cargo or passengers, and ship building and 11
ship repair facilities; the term does not include long-term storage or related manufacturing 12
facilities. 13
Hardship. As related to variances from this Ordinance, hardship means the exceptional 14
hardship associated with the land that would result from a failure to grant the requested variance. 15
The community requires that the variance is exceptional, unusual, and peculiar to the property 16
involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic 17
considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors 18
likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be 19
resolved through other means without granting a variance, even if the alternative is more 20
expensive, or requires the property owner to build elsewhere or put the parcel to a different use 21
than originally intended. 22
Highest adjacent grade. The highest natural elevation of the ground surface prior to 23
construction next to the proposed walls or foundation of a structure. 24
Historic structure. Any structure that is determined eligible for the exception to the flood hazard 25
area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings. 26
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or 27
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map 28
Change include: 29
Letter of Map Amendment (LOMA): An amendment based on technical data showing that 30
a property was incorrectly included in a designated special flood hazard area. A LOMA 31
amends the current effective Flood Insurance Rate Map and establishes that a specific 32
property, portion of a property, or structure is not located in a special flood hazard area. 33
Letter of Map Revision (LOMR): A revision based on technical data that may show 34
changes to flood zones, flood elevations, special flood hazard area boundaries and 35
floodway delineations, and other planimetric features. 36
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel 37
of land has been elevated by fill above the base flood elevation and is, therefore, no longer 38
located within the special flood hazard area. In order to qualify for this determination, 39
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Packet Pg. 366 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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the fill must have been permitted and placed in accordance with the community’s 1
floodplain management regulations. 2
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether 3
a proposed flood protection project or other project complies with the minimum NFIP 4
requirements for such projects with respect to delineation of special flood hazard areas. 5
A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance 6
Study; upon submission and approval of certified as-built documentation, a Letter of Map 7
Revision may be issued by FEMA to revise the effective FIRM. 8
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds 9
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less 10
and which has a basic vehicle frontal area of 45 square feet or less, which is: 11
(1) Designed primarily for purposes of transportation of property or is a derivation of 12
such a vehicle, or 13
(2) Designed primarily for transportation of persons and has a capacity of more than 14
12 persons; or 15
(3) Available with special features enabling off-street or off-highway operation and 16
use. 17
Limit of Moderate Wave Action (LiMWA). Line shown on FIRMs to indicate the inland limit of 18
the 1 ½-foot breaking wave height during the base flood. 19
Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including 20
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, 21
usable solely for vehicle parking, building access or limited storage provided that such enclosure 22
is not built so as to render the structure in violation of the non-elevation requirements of the Florida 23
Building Code or ASCE 24. [Also defined in FBC, B, Section 202.] 24
Mangrove stand. An assemblage of mangrove trees which are mostly low trees noted for a 25
copious development of interlacing adventitious roots above ground and which contain one or 26
more of the following species: Black mangrove (Avicennia germinans); red mangrove (Rhizophora 27
mangle); white mangrove (Laguncularia racemosa); and buttonwood (Conocarpus erecta). 28
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet 29
or more in width and greater than four hundred (400) square feet, and which is built on a 30
permanent, integral chassis and is designed for use with or without a permanent foundation when 31
attached to the required utilities. The term "manufactured home" does not include a "recreational 32
vehicle" or “park trailer.” [Also defined in 15C-1.0101, F.A.C.] 33
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into 34
two or more manufactured home lots for rent or sale. 35
Market value. The price at which a property will change hands between a willing buyer and a 36
willing seller, neither party being under compulsion to buy or sell and both having reasonable 37
knowledge of relevant facts. As used in this ordinance, the term refers to the market value of 38
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Packet Pg. 367 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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buildings and structures, excluding the land and other improvements on the parcel. Market value 1
may be established by a qualified independent appraiser, Actual Cash Value (replacement cost 2
depreciated for age and quality of construction), or tax assessment value adjusted to approximate 3
market value by a factor provided by the Property Appraiser 4
National Geodetic Vertical Datum (NGVD) of 1929 means a vertical control used as a reference 5
for establishing varying elevations within the Floodplain. Elevation information based upon NGVD 6
and used for Floodplain management purposes prior to March 14, 2011, may continue to be used 7
provided there is also converted elevation information based upon NAVD. After March 14, 2011, 8
all elevation information submitted with a Development permit shall utilize NAVD. 9
New construction. For the purposes of administration of this ordinance and the flood resistant 10
construction requirements of the Florida Building Code, structures for which the start of 11
construction commenced on or after September 4, 1979 and includes any subsequent 12
improvements to such structures. 13
New manufactured home park or subdivision. A manufactured home park or subdivision 14
for which the construction of facilities for servicing the lots on which the manufactured homes 15
are to be affixed (including at a minimum, the installation of utilities, the construction of streets, 16
and either final site grading or the pouring of concrete pads) is completed on or after September 17
4, 1979. 18
North American Vertical Datum (NAVD) of 1988 means a vertical control used as a reference 19
for establishing varying elevations within the Floodplain. After March 14, 2011, all elevation 20
information submitted with a Development permit shall utilize NAVD. 21
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and 22
which is built on a single chassis and is designed to provide seasonal or temporary living quarters 23
when connected to utilities necessary for operation of installed fixtures and appliances. [Defined 24
in 320.01, F.S.] 25
Recreational vehicle. A vehicle, including a park trailer, which is: [See section 320.01, F.S.) 26
(1) Built on a single chassis; 27
(2) Four hundred (400) square feet or less when measured at the largest horizontal 28
projection; 29
(3) Designed to be self propelled or permanently towable by a light-duty truck; and 30
(4) Designed primarily not for use as a permanent dwelling but as temporary living 31
quarters for recreational, camping, travel, or seasonal use. 32
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the 33
beach. 34
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of 35
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1 36
A30, AE, A99, AH, V1 V30, VE or V. [Also defined in FBC, B Section 202.] 37
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Packet Pg. 368 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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Start of construction. The date of issuance for new construction and substantial 1
improvements to existing structures, provided the actual start of construction, repair, 2
reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the 3
date of the issuance. The actual start of construction means either the first placement of 4
permanent construction of a building (including a manufactured home) on a site, such as the 5
pouring of slab or footings, the installation of piles, or the construction of columns. 6
Permanent construction does not include land preparation (such as clearing, grading, or 7
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or 8
foundations, the erection of temporary forms or the installation of accessory buildings such as 9
garages or sheds not occupied as dwelling units or not part of the main buildings. For a 10
substantial improvement, the actual “start of construction” means the first alteration of any wall, 11
ceiling, floor or other structural part of a building, whether or not that alteration affects the external 12
dimensions of the building. [Also defined in FBC, B Section 202.] 13
Substantial damage. Damage of any origin sustained by a building or structure whereby the cost 14
of restoring the building or structure to its before-damaged condition would equal or exceed 50 15
percent of the market value of the building or structure before the damage occurred. [Also 16
defined in FBC, B Section 202.] 17
Substantial improvement. Any repair, reconstruction, rehabilitation, alteration, addition, or other 18
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the 19
market value of the building or structure before the improvement or repair is started. If the 20
structure has incurred substantial damage, any repairs are considered substantial improvement 21
regardless of the actual repair work performed. The term does not, however, include either: [Also 22
defined in FBC, B, Section 202.] 23
(1) Any project for improvement of a building required to correct existing health, 24
sanitary, or safety code violations identified by the building official and that are the 25
minimum necessary to assure safe living conditions. 26
(2) Any alteration of a historic structure provided the alteration will not preclude the 27
structure's continued designation as a historic structure. [See Instructions and Notes] 28
Temporary emergency housing: Typically provided by FEMA or the Florida Division of 29
Emergency Management (FDEM) in accordance with guidance noted in the Stafford Act and/or 30
the Post-Katrina Emergency Management Reform Act and similar laws. FEMA or the Florida 31
Division of Emergency Management may provide housing resources via its contractor or other 32
approved agency such as the U.S. Department of Housing and Urban Development and others 33
to provide for temporary emergency housing including but not limited to: modular homes, mobile 34
homes, component homes, cottages, camper trailers, or some other type of temporary living 35
quarters intended to house displaced residents impacted by a natural or man-made disaster 36
event. 37
Variance. A grant of relief from the requirements of this ordinance, or the flood resistant 38
construction requirements of the Florida Building Code, which permits construction in a manner 39
that would not otherwise be permitted by this ordinance or the Florida Building Code. 40
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Packet Pg. 369 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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Watercourse. The channel and banks of a lake, river, creek, stream, wash, channel or other 1
topographic feature in, on, through, or over which water flows at least periodically. The 2
watercourse does not include the adjoining floodplain areas. 3
Wet season water table elevation (WSWT). The elevation, in relation to the NAVD of 1988, of 4
the groundwater during that period of time each year in which the upper surface of the 5
groundwater, or that level below which the soil or underlying rock material is wholly saturated with 6
water, can normally be expected to be at its highest level. Water table elevation is measured 7
from the soil surface downward to the upper level of saturated soil or upward to the free water 8
level. The WSWT may be determined using the South Florida Water Management District's 9
Environmental Resource Permit Information Manual 2014 (amended through August 7, 2016), 10
Part 111 – References and Design Aids, Section D (Determination of Seasonal High Water 11
Table), as amended, or other methodology as approved by the Florida Department of 12
Environmental Protection. 13
Zone X. The designation used on Flood Insurance Rate Maps to identify areas outside the 14
Special Flood Hazard Area. No flood elevations or depths are shown in this zone, and 15
mandatory Federal flood insurance purchase requirements do not apply. Flood insurance is 16
optional and available. Zone X may be: 17
• Zone X-500 (also known as Zone X Shaded) which represents the area outside of 18
the 1-percent annual chance Floodplain but within the 0.2-percent annual chance 19
Floodplain, and 20
• Zone X (also known as Zone X Unshaded) which represents the area outside of 21
the 0.2-percent annual chance Floodplain. 22
Sec. 62-103. – Acronyms. 23
ASCE American Society of Civil Engineers
BFE Base flood elevation
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
WSWT Wet season water table
24
Secs. 62-104—62.110. – Reserved. 25
ARTICLE III. - FLOOD RESISTANT DEVELOPMENT 26
DIVISION 1. - BUILDINGS AND STRUCTURES 27
Sec. 62-111. – Design and construction of buildings, structures and facilities exempt from 28
the Florida Building Code. Pursuant to Section 62-33 of this ordinance, buildings, structures, 29
and facilities that are exempt from the Florida Building Code, including substantial improvement 30
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Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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or repair of substantial damage of such buildings, structures and facilities, shall be designed and 1
constructed in accordance with the flood load and flood resistant construction requirements of 2
ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed 3
buildings shall comply with the requirements of Division 7 of this article. 4
Sec. 62-112. – Enclosures below the lowest floor. Enclosed areas below elevated buildings 5
and structures shall comply with the requirements of the Florida Building Code, shall be limited 6
to parking of vehicles, storage, and building access, and shall comply with the following: 7
(1) Access to the enclosed area shall be minimum necessary to allow for parking of 8
vehicles (garage door), limited storage of maintenance equipment used in connection 9
with the premises (standard exterior door measuring 3.0 ft. by 8.0 ft.), or entry to the 10
living area (stairway or elevator); 11
(2) The interior portion of such enclosed area shall be unfinished or temperature-12
controlled (air conditioned); 13
(3) All areas that are partitioned within the enclosed area shall be vented in 14
accordance with the Florida Building Code. 15
(4) All construction below the lowest floor shall be built with flood damage-resistant 16
materials, for example: pressure treated wood and water-durable and mold resistant 17
cement backerboard. 18
(5) Section 104.3, regarding a Declaration of Land Restriction (Non-conversion 19
agreement). 20
Sec. 62-113. – Detached accessory structures. Detached accessory structures that are not 21
elevated (garages, tool sheds, storage buildings, steel ISO 10’-20’-40’ storage containers, etc.) 22
may be positioned on the ground or a slab, properly vented, and adequately anchored to withstand 23
wind and buoyancy forces, or secured to piers. A property owner must provide a signed 24
Declaration of Land Restriction (Non-conversion agreement) prior to the issuance of the certificate 25
of completion for detached accessory structures that are not elevated and are greater than 120 26
square feet. 27
Sec. 62-114. – Design and construction of nonresidential farm buildings on farms. Pursuant 28
to Section 62-33 of this ordinance, nonresidential farm buildings on farms that are exempt from 29
the Florida Building Code, including substantial improvement or repair of substantial damage 30
of such buildings, shall be designed and constructed in accordance with the flood load and flood 31
resistant construction requirements of ASCE 24. If required to be elevated in accordance with 32
ASCE 24, nonresidential farm buildings on farms shall be elevated to or above the base flood 33
elevation. Structures exempt from the Florida Building Code that are not walled and roofed 34
buildings shall comply with the requirements of Division 7 of this article. 35
Sec. 62-115. – Permanently-mounted air-conditioners, generators, and other exterior 36
mechanical equipment. When installed with new construction or replaced as part of substantial 37
improvement or repair of substantial damage, permanently-mounted air-conditioners, generators, 38
and other exterior mechanical equipment shall be elevated to or above the elevation required by 39
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Packet Pg. 371 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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the Florida Building Code - Residential Sec. R322.1.6 or Florida Building Code – Building, Sec. 1
1612 (ASCE 24), as applicable. When not part of substantial improvement or repair of substantial 2
damage, replacement of permanently-mounted air-conditioners, generators, and exterior 3
mechanical equipment shall be elevated to or above the BFE or the lowest floor elevation of the 4
building served. 5
Sec. 62-116. – Pool Equipment. When installed with new construction, pool equipment shall be 6
elevated to or above the elevation required by the Florida Building Code – Residential R322.1.6 7
or Florida Building Code – Building, Sec. 1612 (ASCE 24), as applicable. Where new pool 8
equipment is installed on an existing pool, the pool equipment shall be elevated to or above the 9
lowest floor elevation of the building served. Where pool equipment is installed to replace existing 10
pool equipment, the new pool equipment shall be elevated to or above the elevation of the existing 11
pool equipment. In cases where the elevation of pool equipment will hinder access for repair and 12
maintenance, a letter may be submitted by the pool contractor to the building official 13
demonstrating that the equipment can be installed to resist flood forces and is GFI protected per 14
the National Electric Code (NEC) 2014, 680.21 (C ), as may be amended from time to time. 15
Sec. 62-117. – Buildings and structures seaward of the coastal construction control line. 16
If extending, in whole or in part, seaward of the coastal construction control line and also 17
located, in whole or in part, in a flood hazard area: 18
(1) Buildings and structures shall be designed and constructed to comply with the 19
more restrictive applicable requirements of the Florida Building Code, Building Section 20
3109 and Section 1612 or Florida Building Code, Residential Section R322. 21
(2) Minor structures and non-habitable major structures as defined in section 161.54, 22
F.S., shall be designed and constructed to comply with the intent and applicable provisions 23
of this ordinance and ASCE 24. 24
Sec. 62-118. – Lowest floor elevation requirements for Residential buildings. Area below the 25
lowest floor shall be limited to storage, access, and parking. 26
(1) Residential buildings subject to South Florida Water Management District Permit 27
requirements or were previously approved to a 100 year, three-day, zero-28
discharge stormwater plan standard, shall have the lowest floor elevated at or 29
above the elevation required by the District Permit, Florida Building Code, or Sec. 30
62-119, below, as applicable. 31
(2) All residential buildings not subject to (1) and located in a flood hazard area, Zone 32
X-500, and Zone X shall have the lowest floor elevated at or above the elevation 33
required by the Florida Building code or as follows, whichever is higher: 34
a. Buildings located on a paved road must be elevated 18 inches above the 35
crown of the nearest street or interior finished roadway system. In the event 36
that the nearest street or interior finished roadway system is located on an 37
evacuation route or other unusually high pavement elevation as agreeable 38
by the County Engineer, the residential building may be elevated a 39
minimum of 18 inches above the crown of the nearest side street. 40
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Packet Pg. 372 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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b. Residential buildings located on a graded or otherwise unfinished road 1
must be elevated a minimum of 24 inches above the crown of the nearest 2
street. 3
c. Attached garages and lanais for residential buildings shall have the lowest 4
slab at or above the crown of the nearest street. See Section 62-113 for 5
detached structures. 6
d. On parcels where unusual topographic conditions exist and the standard 7
conditions established in Subsection 62-118(1)a., b., and c. above cannot 8
be reasonably applied, the Building Official will consider requests to 9
decrease the lowest floor elevation. All requests will require an analysis, by 10
a professional engineer, of the 100-year, 3-day storm event using zero 11
discharge, for the entire discharge, for the drainage basin in which the 12
proposed structure is located. Reductions may be allowed on the basis of 13
the analysis, but in no case, shall the lowest floor be less than the elevation 14
required by the Florida Building Code. 15
Sec. 62-119 – Buildings and structures removed from the special flood hazard area. 16
Buildings and structures removed from the special flood hazard area shall be elevated so that 17
the lowest slab, such as a garage, lanai, enclosure, etc. is above the lowest lot elevation 18
(GROUND) as identified on the Letter of Map Change provided by FEMA. Further, the lowest 19
adjacent grade of a building or structure must be at or above the base flood elevation as 20
established on the DFIRM. 21
Secs. 62-120—62.130. – Reserved. 22
DIVISION 2. - SUBDIVISIONS 23
Sec. 62-131. – Minimum requirements. Subdivision proposals, including proposals for 24
manufactured home parks and subdivisions, shall be reviewed to determine that: 25
(1) Such proposals are consistent with the need to minimize flood damage and will be 26
reasonably safe from flooding; 27
(2) Where the subdivision has more than 50 lots or is larger than 5 acres and base 28
flood elevations are not included on the FIRM, the base flood elevations are 29
determined in accordance with Section 62-42(1) of this ordinance; and 30
(3) All public utilities and facilities such as sewer, gas, electric, communications, and 31
water systems are located and constructed to minimize or eliminate flood damage; and 32
(4) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 33
and AO, adequate drainage paths shall be provided to guide floodwaters around and away 34
from proposed structures; and 35
(5) The site improvement and utilities requirements of Division 3 of this article are 36
satisfied. 37
Secs. 62-132—62.140. – Reserved. 38
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Packet Pg. 373 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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DIVISION 3. - SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 1
Sec. 62-141. – Minimum requirements. All proposed new development shall be reviewed to 2
determine that: 3
(1) Such proposals are consistent with the need to minimize flood damage and will be 4
reasonably safe from flooding; 5
(2) All public utilities and facilities such as sewer, gas, electric, communications, and 6
water systems are located and constructed to minimize or eliminate flood damage; and 7
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 8
and AO, adequate drainage paths shall be provided to guide floodwaters around and away 9
from proposed structures. 10
Sec. 62-142. – Sanitary sewage facilities. All new and replacement sanitary sewage facilities, 11
private sewage treatment plants (including all pumping stations and collector systems), and on-12
site waste disposal systems shall be designed in accordance with the standards for onsite sewage 13
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or 14
eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood 15
waters, and impairment of the facilities and systems. 16
Sec. 62-143. – Water supply facilities. All new and replacement water supply facilities shall be 17
designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. 18
and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems. 19
Sec. 62-144. – Limitations on sites in regulatory floodways. No development, including but 20
not limited to site improvements, and land disturbing activity involving fill or regrading, shall be 21
authorized in the regulatory floodway unless the floodway encroachment analysis required in 22
Section 62-43(1) of this ordinance demonstrates that the proposed development or land 23
disturbing activity will not result in any increase in the base flood elevation. 24
Sec. 62-145. – Limitations on placement of fill. Subject to the limitations of this ordinance, fill 25
shall be designed to be stable under conditions of flooding including rapid rise and rapid 26
drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and 27
scour. In addition to these requirements, if intended to support buildings and structures (Zone A 28
only), fill shall comply with the requirements of the Florida Building Code. 29
Sec. 62-146. – Limitations on sites in coastal high hazard areas (Zone V). In coastal high 30
hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such 31
alteration is approved by the Florida Department of Environmental Protection and only if the 32
engineering analysis required by Section 62-43(4) of this ordinance demonstrates that the 33
proposed alteration will not increase the potential for flood damage. Construction or restoration 34
of dunes under or around elevated buildings and structures shall comply with Section 62-198(3) 35
of this ordinance. 36
Secs. 62-147—62.150. – Reserved. 37
DIVISION 4. - MANUFACTURED HOMES 38
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Packet Pg. 374 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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Sec. 62-151. – General. All manufactured homes installed in flood hazard areas shall be 1
installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with 2
the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. If located 3
seaward of the coastal construction control line, all manufactured homes shall comply with 4
the more restrictive of the applicable requirements. 5
Sec. 62-152. – Foundations. All new manufactured homes and replacement manufactured 6
homes installed in flood hazard areas shall be installed on permanent foundations that: 7
(1) In flood hazard areas (Zone A) other than coastal high hazard areas, are 8
designed in accordance with the foundation requirements of the Florida Building Code, 9
Residential Section R322.2 and this ordinance. Foundations for manufactured homes 10
subject to Section 62-156 of this ordinance are permitted to be reinforced piers or other 11
foundation elements of at least equivalent strength. 12
(2) In coastal high hazard areas (Zone V), are designed in accordance with the 13
foundation requirements of the Florida Building Code, Residential Section R322.3 and this 14
ordinance. 15
Sec. 62-153. – Anchoring. All new manufactured homes and replacement manufactured 16
homes shall be installed using methods and practices which minimize flood damage and shall be 17
securely anchored to an adequately anchored foundation system to resist flotation, collapse or 18
lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or 19
frame ties to ground anchors. This anchoring requirement is in addition to applicable state and 20
local anchoring requirements for wind resistance. 21
Sec. 62-154. – Elevation. Manufactured homes that are placed, replaced, or substantially 22
improved shall comply with Section 62-155 or 62-156 of this ordinance, as applicable. 23
Sec. 62-155. – General elevation requirement. Unless subject to the requirements of Section 24
62-154 of this ordinance, all manufactured homes that are placed, replaced, or substantially 25
improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a 26
new manufactured home park or subdivision; (c) in an expansion to an existing 27
manufactured home park or subdivision; or (d) in an existing manufactured home park or 28
subdivision upon which a manufactured home has incurred substantial damage as the result 29
of a flood, shall be elevated such that the lowest floor is at or above the elevation required, as 30
applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 31
(Zone A) or Section R322.3 (Zone V). 32
Sec. 62-156. – Elevation requirement for certain existing manufactured home parks and 33
subdivisions. Manufactured homes that are not subject to Section 62-155 of this ordinance, 34
including manufactured homes that are placed, replaced, or substantially improved on sites 35
located in an existing manufactured home park or subdivision, unless on a site where 36
substantial damage as result of flooding has occurred, shall be elevated such that either the: 37
(1) Lowest Floor of the manufactured home is at or above the elevation required, as 38
applicable to the flood hazard area, in the Florida Building Code, Residential Section 39
R322.2 (Zone A) or Section R322.3 (Zone V); or 40
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Packet Pg. 375 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
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(2) Bottom of the frame is supported by reinforced piers or other foundation elements 1
of at least equivalent strength that are not less than 36 inches in height above grade. 2
Sec. 62-157. – Enclosures. Enclosed areas below elevated manufactured homes shall comply 3
with the requirements of the Florida Building Code, Residential Section R322 for such enclosed 4
areas, as applicable to the flood hazard area. If semi-rigid skirting is attached to the 5
manufactured home frame, documentation shall be provided by a registered design profession al 6
stating the skirting does not provide structural support and will collapse under wind and water 7
loads that are expected during occurrence of the base flood without causing structural damage to 8
the elevated home or foundation. 9
Sec. 62-158. – Utility equipment. Utility equipment that serves manufactured homes, including 10
electric, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities, 11
shall comply with the requirements of the Florida Building Code, Residential Section R322, as 12
applicable to the flood hazard area. Replacement of permanently-mounted air conditioning 13
equipment, generators, and exterior mechanical equipment shall comply with Section 62-115. 14
Sec. 62-159. – Permits required for additions, attachments, improvements and repair of 15
manufactured homes. Building permits are required for additions, attachments, improvements 16
and repair of damage by any cause to manufactured homes. Any addition or attachment that is 17
structurally connected to the manufactured home or is freestanding shall be constructed to meet 18
the Florida Building Code, as may be amended from time to time. The design of an addition or 19
attachment shall use the current wind criteria for the zone. 20
1. An addition or attachment shall only be allowed where a manufactured home was 21
constructed with a host beam by the manufacturer in order to provide the necessary 22
structural support for the connection between the two structures. For manufactured homes 23
that were not constructed by the manufacturer to support additions or attachments 24
connected to them, the addition or attachment shall be freestanding, other than flashing 25
required for weather-tightness. 26
2. Applications for repair of structural components of a manufactured home shall include 27
letters from a registered design professional or a mobile home inspector that states the 28
structure is in compliance with the applicable Manufactured Home Construction and 29
Safety Standards, developed by HUD, standards in place at the time of assembly. 30
Secs. 62-160—62.170. – Reserved. 31
DIVISION 5. - RECREATIONAL VEHICLES AND PARK TRAILERS 32
Sec. 62-171. – Temporary placement. Recreational vehicles and park trailers placed 33
temporarily in flood hazard areas shall: 34
(1) Be on the site for fewer than 180 consecutive days; or 35
(2) Be fully licensed and ready for highway use, which means the recreational 36
vehicle or park model is on wheels or jacking system, is attached to the site only by quick -37
disconnect type utilities and security devices, and has no permanent attachments such as 38
additions, rooms, stairs, decks and porches. 39
16.A.5
Packet Pg. 376 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
DRAFT FBC Compliant FDPO
30 | P a g e
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Sec. 62-172. – Permanent placement. Recreational vehicles and park trailers that do not meet 1
the limitations in Section 62-171 of this ordinance for temporary placement shall meet the 2
requirements of Division 4 of this article for manufactured homes. 3
Secs. 62-173—62.180. – Reserved. 4
DIVISION 6. - TANKS 5
Sec. 62-181. – Underground tanks. Underground tanks in flood hazard areas shall be 6
anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and 7
hydrostatic loads during conditions of the design flood, including the effects of buoyancy 8
assuming the tank is empty. 9
Sec. 62-182. – Above-ground tanks, not elevated. Above-ground tanks that do not meet the 10
elevation requirements of Section 62-183 of this ordinance shall: 11
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard 12
areas, provided the tanks are anchored or otherwise designed and constructed to prevent 13
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads 14
during conditions of the design flood, including the effects of buoyancy assuming the tank 15
is empty and the effects of flood-borne debris. 16
(2) Not be permitted in coastal high hazard areas (Zone V). 17
Sec. 62-183. – Above-ground tanks, elevated. Above-ground tanks in flood hazard areas 18
shall be and elevated to or above the design flood elevation and attached to a supporting 19
structure that is designed to prevent flotation, collapse or lateral movement during conditions of 20
the design flood. Tank-supporting structures shall meet the foundation requirements of the 21
applicable flood hazard area. 22
Sec. 62-184. – Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: 23
(1) At or above the design flood elevation or fitted with covers designed to prevent 24
the inflow of floodwater or outflow of the contents of the tanks during conditions of the 25
design flood; and 26
(2) Anchored to prevent lateral movement resulting from hydrodynamic and 27
hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. 28
Secs. 62-185—62.190. – Reserved. 29
DIVISION 7. - OTHER DEVELOPMENT 30
Sec. 62-191. – General requirements for other development. All development, including man-31
made changes to improved or unimproved real estate for which specific provisions are not 32
specified in this ordinance or the Florida Building Code, shall: 33
(1) Be located and constructed to minimize flood damage; 34
(2) Meet the limitations of Section 62-144 of this ordinance if located in a regulated 35
floodway; 36
16.A.5
Packet Pg. 377 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
DRAFT FBC Compliant FDPO
31 | P a g e
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Ord\2018 Drafts\State Model Ord - FDPO 8-2-18.docx
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from 1
hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 2
(4) Be constructed of flood damage-resistant materials; and 3
(5) Have mechanical, plumbing, and electrical systems above the base flood 4
elevation, except that minimum electric service required to address life safety and electric 5
code requirements is permitted below the base flood elevation provided it conforms to 6
the provisions of the electrical part of building code for wet locations. 7
Sec. 62-192. – Fences in regulated floodways. Fences in regulated floodways that have the 8
potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, 9
shall meet the limitations of Section 62-144 of this ordinance. 10
Sec. 62-193. – Retaining walls, sidewalks and driveways in regulated floodways. Retaining 11
walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall 12
meet the limitations of Section 62-144 of this ordinance. 13
Sec. 62-194. – Roads and watercourse crossings in regulated floodways. Roads and 14
watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means 15
for vehicles or pedestrians to travel from one side of a watercourse to the other side, that 16
encroach into regulated floodways shall meet the limitations of Section 62-144 of this ordinance. 17
Alteration of a watercourse that is part of a road or watercourse crossing shall meet the 18
requirements of Section 62-43(3) of this ordinance. 19
Sec. 62-195 – Concrete slabs used as parking pads, enclosure floors, landings, decks, 20
walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In 21
coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, 22
decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to 23
buildings and structures provided the concrete slabs are designed and constructed to be: 24
(1) Structurally independent of the foundation system of the building or structure; 25
(2) Frangible and not reinforced, so as to minimize debris during flooding that is 26
capable of causing significant damage to any structure; and 27
(3) Have a maximum slab thickness of not more than four (4) inches. 28
Sec. 62-196. – Decks and patios in coastal high hazard areas (Zone V). In addition to the 29
requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall 30
be located, designed, and constructed in compliance with the following: 31
(1) A deck that is structurally attached to a building or structure shall have the bottom 32
of the lowest horizontal structural member at or above the design flood elevation and 33
any supporting members that extend below the design flood elevation shall comply with 34
the foundation requirements that apply to the building or structure, which shall be designed 35
to accommodate any increased loads resulting from the attached deck. 36
(2) A deck or patio that is located below the design flood elevation shall be 37
structurally independent from buildings or structures and their foundation systems, and 38
16.A.5
Packet Pg. 378 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
DRAFT FBC Compliant FDPO
32 | P a g e
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Ord\2018 Drafts\State Model Ord - FDPO 8-2-18.docx
shall be designed and constructed either to remain intact and in place during design flood 1
conditions or to break apart into small pieces to minimize debris during flooding that is 2
capable of causing structural damage to the building or structure or to adjacent buildings 3
and structures. 4
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that 5
is constructed with more than the minimum amount of fill necessary for site drainage shall 6
not be approved unless an analysis prepared by a qualified registered design professional 7
demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that 8
would increase damage to the building or structure or to adjacent buildings and structures. 9
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that 10
is at natural grade or on nonstructural fill material that is similar to and compatible with 11
local soils and is the minimum amount necessary for site drainage may be approved 12
without requiring analysis of the impact on diversion of floodwaters or wave runup and 13
wave reflection. 14
Sec. 62-197. – Other development in coastal high hazard areas (Zone V). In coastal high 15
hazard areas, development activities other than buildings and structures shall be permitted only 16
if also authorized by the appropriate federal, state or local authority; if located outside the footprint 17
of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified 18
registered design professionals demonstrate no harmful diversion of floodwaters or wave runup 19
and wave reflection that would increase damage to adjacent buildings and structures. Such other 20
development activities include but are not limited to: 21
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control 22
structures; 23
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless 24
designed and constructed to fail under flood conditions less than the design flood or 25
otherwise function to avoid obstruction of floodwaters; and 26
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as 27
filled systems or mound systems. 28
Sec. 62-198. – Nonstructural fill in coastal high hazard areas (Zone V). In coastal high 29
hazard areas: 30
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be 31
permitted for landscaping and for drainage purposes under and around buildings. 32
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five 33
units horizontal shall be permitted only if an analysis prepared by a qualified registered 34
design professional demonstrates no harmful diversion of floodwaters or wave runup and 35
wave reflection that would increase damage to adjacent buildings and structures. 36
(3) Where authorized by the Florida Department of Environmental Protection or 37
applicable local approval, sand dune construction and restoration of sand dunes under 38
or around elevated buildings are permitted without additional engineering analysis or 39
16.A.5
Packet Pg. 379 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
DRAFT FBC Compliant FDPO
33 | P a g e
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Ord\2018 Drafts\State Model Ord - FDPO 8-2-18.docx
certification of the diversion of floodwater or wave runup and wave reflection if the scale 1
and location of the dune work is consistent with local beach-dune morphology and the 2
vertical clearance is maintained between the top of the sand dune and the lowest 3
horizontal structural member of the building. 4
SECTION 5. APPLICABILITY. 5
For the purposes of jurisdictional applicability, this ordinance shall apply in all unincorporated 6
areas of Collier county. This ordinance shall apply to all applications for development, including 7
building permit applications and subdivision proposals, submitted on or after the effective date of 8
this ordinance. 9
SECTION 6. REPEALER. 10
Any and all ordinances and regulations in conflict herewith are hereby repealed to the extent of 11
any conflict. This ordinance specifically repeals and replaces Collier County Ordinance No. 2011-12
07. 13
SECTION 7. INCLUSION INTO THE CODE OF ORDINANCES. 14
It is the intent of the Board of County Commissioners that the provisions of this ordinance shall 15
become and be made a part of the Collier County Code of Laws and Ordinances, and that the 16
sections of this ordinance may be renumbered or relettered and the word “ordinance” may be 17
changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order to 18
accomplish such intentions. 19
SECTION 8. SEVERABILITY. 20
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, 21
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity 22
of the ordinance as a whole, or any part thereof, other than the part so declared. 23
SECTION 9. EFFECTIVE DATE. 24
This ordinance shall take effect upon filing with the Florida Department of State. 25
PASSED on first reading {insert date}. 26
PASSED on first reading {insert date}. 27
PASSED and ADOPTED in regular session, with a quorum present and voting, by the {governing 28
body}, upon second and final reading this {insert date}. 29
{Governing body} 30
__________________________ 31
{Chief Elected Officer} 32
ATTEST: BOARD OF COUNTY COMMISSIONERS 33
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 34
16.A.5
Packet Pg. 380 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Regular Text: State Model Ord.
Underline Text: Local provision similar to existing FDPO language
Double Underlined Text: Local provision that is new language
DRAFT FBC Compliant FDPO
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Ord\2018 Drafts\State Model Ord - FDPO 8-2-18.docx
By: ____________________ By: 1
{Manager/Clerk} , Deputy Clerk 2
3
Approved as to form and legality: 4
5
6
____________________ 7
8
16.A.5
Packet Pg. 381 Attachment: Exhibit 3. State Model Ord - FDPO 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
2800 N. Horseshoe Dr.
Naples, FL 34104
(239) 252-2400
Floodplain Development Permit
For all development not subject to the Florida Building Code (including buildings and
facilities exempt from the FBC)
Permit Number: ______________________________________________________________________
Identify the Proposed Development, check all that apply:
Temporary RV Non-Residential Farm
Building on farm
Manufactured Home
Improvement
Site Plan Attached. Requirements: Must show extent of the area impacted by proposed
development, flood hazard area boundaries and flood zones, Base Flood Elevation, existing and
proposed ground elevations as applicable to the development, and existing buildings.
Property Owner Name: _________________________________________________________________
Phone # and Email: _____________________________________________________________________
Address: _____________________________________________________________________________
Agent, if any: _________________________________________________________________________
Cost of Proposed Work: $________________________________________________________________
Contractor Name: ______________________________________________________________________
Contractor Address: ____________________________________________________________________
Contractor Phone # and Email: ___________________________________________________________
Floodplain Management Information:
Flood Zone: _____________________ Base Flood Elevation: ______________ Datum: _____________
How Determined: DFIRM or FIS Unnumbered A zone determination:________________________
Seaward of CCCL?: Yes or No CoBRA or OPA?: Yes or No LOMA case number: ___________
Notes and Conditions of approval:
_____________________________________________________________________________________
Agreement by Owner or by Owner’s Agent: The undersigned hereby makes application to develop in a
special flood hazard area. The development to be performed is described above and attached hereto.
The undersigned agrees that all such work shall be done in accordance with the requirements of the
Collier County Floodplain Management Ordinance and with all other applicable local, State and Federal
requirements, including the Florida Building Code, as applicable.
Signature: ___________________________________________________ Date: ______________
Staff Signature: _______________________________________________ Date: ______________
16.A.6
Packet Pg. 382 Attachment: Exhibit 4. Floodplain Dev. permit 8-3-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Page 1 of 2
H:\Planning and Regulation\FloodPlain Management\Caroline - Floodplain Management Program folder\FBC compliant Model
Ord\Supplemental Materials\ZVL Nonresidential Farm Building\ZVL Nonresidential Farm Building 8-2-18.docx
L.2. Zoning Verification Letter – Non-residential Farm Building
Reference LDC subsection 10.02.06 J and F.S. § 823.14 and F.S. § 553.73(10)(c)
Applicability A Zoning Verification Letter may be used to establish that a non-residential farm
building and/or fence is exempt from the Florida Building Code. However, the
exemption applies to the structure and does not exempt the applicant from
obtaining the necessary electrical, plumbing, mechanical, or gas permits for the
structure.
If the use is not used for farming, purposes, then the building will not be exempt
and requires a building permit. For example, a structure that provides sh elter for
animals or for storage of mechanical equipment would be a correct application for
the
Pre-Application A pre-application meeting is not required.
Initiation The applicant files a “Zoning Verification Letter Application” with the Planning &
Zoning Department.
Application
Contents
The application must include the following:
1. Applicant contact information.
2. Property information, including:
Property identification number; and
Address of subject site.
3. Type of verification being requested.
4. Description of the existing/proposed use of the property.
5. Description of the proposed use for the nonresidential farm building.
6. A survey or sketch, dawn-to-scale plan showing the building, property
boundaries and dimensions and existing easements or rights-of-way, location of
water bodies or jurisdictional wetlands.
7. Location of the existing and proposed buildings, identifying the separation
distances between buildings and the setbacks to the proposed nonresidential
farm building.
8. Compliance with floodplain construction standards. the Collier County
Floodplain Management Ordinance, as may be amended from time to time.
9. Floodplain Development permit.
10. Under Construction and Finished Construction Elevation Certificate.
11. Proof of Bona Fide Farm Operation:
Farm Serial Number assigned by USDA Farm Services; or
Documentation that the land building has an Agricultural Exemption
through the Collier County Appraiser’s Office; or
16.A.7
Packet Pg. 383 Attachment: Exhibit 5. ZVL Nonresidential Farm Building 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
Page 2 of 2
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Ord\Supplemental Materials\ZVL Nonresidential Farm Building\ZVL Nonresidential Farm Building 8-2-18.docx
Description and any supporting documentation to confirm that the
property is a Bona Fide Farm Operation, as defined by FS § 823.14;
10. A signed affidavit, stating that the proposed structure is exempt from the
requirements for a Building Permit per FS § 553.73.
11. Additional materials may be requested by the staff planner if necessary.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness.
After submission of the completed application packet accompanied with the
required fee, the applicant will receive a mailed or electronic response notifying the
applicant that the petition is being processed. Accompanying that response will be a
receipt for the payment and the tracking number (i.e., XX201200000) assigned to
the petition. This petition tracking number should be noted on all future
correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision Maker The County Manager The Floodplain Coordinator or designee.
Review Process The Planning & Zoning Department, in coordination with the Building Official,
review the application, identify whether additional materials are needed, prepare a
Zoning Verification Letter for the applicant.
Updated
16.A.7
Packet Pg. 384 Attachment: Exhibit 5. ZVL Nonresidential Farm Building 8-2-18 (6625 : Floodplain Management Planning Comittee - August 2018)
I. Administrative Appeal of Preliminary Substantial Damage Determination
Reference Florida Building Code and Code of Laws and Ordinances Chapter 62-24
Applicability This procedure allows a property owner to administratively appeal a preliminary
substantial damage determination through the building permit process.
Pre-Application A pre-application meeting is not required; however, a consultation is Floodplain
Management Section is recommended. Please contact:
FloodInfoRequest@colliercountyfl.gov or the Flood Information Hotline at: 239-252-2942
Initiation The applicant files a building permit along with the materials noted below.
Application
Contents
The application must include the following:
All application can be found on the Collier County Building Plan Review and Inspection
webpage: https://www.colliercountyfl.gov/your-government/divisions-a-e/building-
review
1. Building Permit, to include in the Description of Work, all repair work and other
improvements to the structure,
2. Owner-Builder Affidavit, if applicable.
3. Construction plans of the structure (hand drawn is sufficient), with notes identifying
the areas to be repaired, and the materials to be used.
4. Removal, Replacement and Repair of Mobile/Manufactured Homes Post Event form.
5. Substantial Improvement or Repair of Substantial Damage Packet and Cost Estimate
Worksheet found on the Growth Management Building website, noted above.
• The Affidavits must be signed by the property owner and notarized.
• The Cost Estimate worksheet must include all repair work, other
improvements, and open building permits.
• Please note: The property owner is responsible for collecting all
subcontractor bids and quotes and compiling them for one cost estimate
worksheet. Incremental repair work is not permitted; all repairs must be
permitted and calculated under one permit.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completeness. The
completed application packet must be accompanied with the required fee. The tracking
number (i.e., PL201200000) will be assigned to the petition. This petition tracking
number should be noted on all future correspondence regarding the petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Building Plan Review and Inspection Division will review the application, identify
whether additional materials are needed and review the application for compliance with
the Florida Building Code and Collier County Code of Laws and Ordinance Chapter 62-
Floods.
Updated
16.A.8
Packet Pg. 385 Attachment: Exhibit 6. Admin Appeal of PSD (6625 : Floodplain Management Planning Comittee - August 2018)
2800 N. Horseshoe Dr.
Naples, FL 34104
(239) 252-2400
Page 1 of 3
Collier County Declaration of Land Restriction
Non-Conversion Agreement
This form is for use in Flood Zones VE, AE, AH and A for proposed development, substantial
improvement, alteration, or repair for the following (1) Enclosures below elevated buildings, (2)
Crawl/Underfloor spaces that are more than 5 feet in height, (3) Detached accessory structures that are
not elevated and are larger than 120 square feet in area (footprint).
This DECLARATION made this ______ day of ______________________, 20_____ by
_____________________________________________________________("Owner") having an
address at: ____________________________________________________________________
_____________________________________________________________________________
WITNESSETH:
WHEREAS, the Owner is the record owner of all that real property located a t
______________________________________________________________________________
______________________________________________________________________________
in Collier County, designated in the Tax Records as parcel number: ______________________,
and being that same property acquired by the Owner by deed dated ____________________,
_______, and recorded among the Land Records of Collier County, Florida in Book No.
__________ and Page No. __________.
WHEREAS, the Owner has applied for a permit to construct a structure on that property
and:
(1) It is identified by Permit Number _____________________________________(“Permit”);
(2) It is located in a flood hazard area identified on Flood Insurance Rate Map
Panel # ________________________________, dated ________________;
(3) It is located in Flood Zone _____________ Base Flood Elevation:______________
Seaward of LiMWA or community-defined Coastal A Zone limit: Yes No
Seaward of CCCL: Yes No
(4) It is designed to conform to the requirements of the Collier County Floodplain
Management Ordinance referred herein as “Regulations,” of Collier County, Florida and the
Florida Building Code, if applicable; and
16.A.9
Packet Pg. 386 Attachment: Exhibit 7. Non-Conversion Agreement (6625 : Floodplain Management Planning Comittee - August 2018)
2800 N. Horseshoe Dr.
Naples, FL 34104
(239) 252-2400
Page 2 of 3
(5) If unauthorized improvements, modifications, alterations, conversions or repa irs are made
to it in the future, the structure could be made noncompliant by such unauthorized actions,
including such actions by future owners.
WHEREAS, the Owner agrees to record this DECLARATION OF LAND RESTRICTION
(NONCONVERSION AGREEMENT) on the deed of the property recorded in the above-cited land
records and certifies, accepts, and declares that the following covenants, conditions, and
restrictions are placed on the affected property as a condition of granting the Permit, and
affects rights and obligations of the Owner and any future owners, and shall be binding on
current Owner, his heirs, personal representatives, successors, and assigns.
THE PERMITTED STRUCTURE SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH
THE FLORIDA BUILDING CODE, OR LOCAL FLOODPLAIN MANAGEMENT REGULATIONS, AS
APPLICABLE, AND IS SUBJECT TO CONDITIONS as follows:
1. The structure or part thereof to which these conditions apply is:
An enclosure that is below an elevated building
A crawl/underfloor space enclosed by perimeter walls and is more than 5 feet in height
A detached accessory structure that is not elevated and is larger than 120 square feet in
area (footprint)
2. The structure or part thereof identified in #1 shall be used solely for parking of vehic les,
storage, or access to an elevated building, as applicable.
3. If required by the Florida Building Code or local Regulations, as applicable, the walls of the
structure or part thereof identified in #1 shall be equipped with flood openings. The flood
openings shall not be blocked, covered, manually closed or modified in any way that would
alter the intended performance to allow floodwaters to automatically enter and exit.
4. If required by the Florida Building Code or local Regulations, as applicable, the walls of the
structure or part thereof identified in #1 shall be designed to break away. The breakaway walls
shall not be altered in any way that prevents the walls from breaking away, as designed, under
flood conditions.
5. As required by the Florida Building Code or local Regulations, as applicable, building materials
used below the elevation required by the Florida Building Code, shall be flood damage-resistant
materials and unfinished.
6. Any conversion, alteration, modification, improvement, repair, or change in use of the
structure or part thereof identified in #1:
a. Shall not occur without the issuance of a permit by the Collier County Building Plan
Review and Inspection Division, or any successor division ; and
16.A.9
Packet Pg. 387 Attachment: Exhibit 7. Non-Conversion Agreement (6625 : Floodplain Management Planning Comittee - August 2018)
2800 N. Horseshoe Dr.
Naples, FL 34104
(239) 252-2400
Page 3 of 3
b. Depending on the nature of work, such permit may require full compliance with the
Florida Building Code.
7. Any repair, conversion, alteration, modification, improvement, repair, or change in use of
the structure or part thereof identified in #1 or any other unpermit ted variation beyond what is
explicitly authorized by permit constitutes a violation of the Permit , local Regulations, and the
Florida Building Code and shall be subject to enforcement action to correct such violation.
8. Other conditions:
______________________________________________________________________________
______________________________________________________________________________
WARNINGS
Unauthorized conversion, alteration, modification, improvement, repair, or change in u se of the
permitted structure or part there of identified in #1 may render the structure uninsurable by
the National Flood Insurance Program or increase the cost for flood insurance commensurate
with the increased risk.
Unauthorized conversion of an enclosure below the lowest floor of an elevated building for
uses other than permitted uses, or the unauthorized conversion of an accessory structure for
uses other than permitted uses, exposes occupants to increased risk of death and injury. The
local jurisdiction issuing the Permit shall not be held liable for any increase in damage or injury
to occupants.
SIGN ONLY IN THE PRESENCE OF A NOTARY:
______________________________________ ___________________________________
Owner’s Signature / Date Printed Name
______________________________________ ___________________________________
(Additional) Owner’s Signature / Date Printed Name
Type of ID: _______________________________
Witness my hand and official seal, this ________ day of ___________ 20_____
SEAL:
__________________________________________
Notary Public Signature
16.A.9
Packet Pg. 388 Attachment: Exhibit 7. Non-Conversion Agreement (6625 : Floodplain Management Planning Comittee - August 2018)
FMP Progress Report for 2018 Action Items
3rd Quarterly Meeting 2018 – August 8th, 2018
See pages 219 – 231 of Floodplain Management Plan (FMP) for related Mitigation Action Item Information: Related Goal, Addresses Current Development, Address Future Development, Continued Compliance with NFIP, Hazards
addressed, Issues/Background, Other Alternatives, Existing Planning Mechanisms through which Action Will Be Implemented, Cost Estimate, Benefits (Losses Avoided), and Potential Funding.
Required ID Action Related
Goal
Mitigation
Category
Responsible
Department Recurrence
Performance Tracking
1st Quarterly
Meeting
2nd Quarterly
Meeting
3rd Quarterly
Meeting
4th Quarterly
Meeting
1.0 FLOODPLAIN REGULATION AND CODES
Yes 1.1
Prepare and schedule FMP progress report each year and recommended FMPC activity to the
Collier County Board of County Commissioners (BCC) each year. 1 Prevention
Floodplain
Management
Section
Annual To present in 4Qt of
2018 To be addressed
4Qt meeting.
Yes 1.2
Review the Land Development Code and the Flood Damage Prevention Ordinance to propose
improvements regarding floodplain management. 1, 3
Prevention,
Property
Protection
Floodplain
Management
Section
As needed
Staff is working
w/consultant
Rebecca Quinn in
update of FDPO
Staff is working
w/ consultant
Rebecca Quinn in
the process of
updating the
FDPO.
Yes 1.3
Annually prepare a public information meeting schedule and coordinate public information
meetings for the FMPC. 1, 2
Public
Information
and Outreach
Floodplain
Management
Section
Annual
Meetings scheduled
for 2nd Wednesday
of month of
meeting in 2018
Meetings are
scheduled for 2nd
Wednesday of
month of
meeting in 2018.
2.0 STORMWATER PLANNING
Yes 2.1
Coordinate roadway stormwater maintenance programs to address stormwater flooding
problems. 1, 3, 5
Prevention,
Property
Protection,
Structural
Projects
Road
Maintenance,
Stormwater
Planning
Annual Ongoing Ongoing
Yes 2.2
Maintain a “Localized Flooding Bubble Map” as needed.
1 Property
Protection
Road
Maintenance,
Stormwater
Annual or
as needed
GIS layers have
been created to
identify roadways
subject to extended
flooding from event
92L and Hurricane
Irma.
There have been
no updates to the
Localized
Flooding Bubble
Map .
Yes 2.3
Annually prepare a budget to fully implement the Stormwater Capital Improvement Plan. 1, 5
Prevention,
Structural
Projects
Capital Projects
Planning
(Stormwater
Planning)
Annual
The Stormwater
Maintenance
Department budget
was finalized in
September of 2017.
The 2017 AUIR
Facility 5 year work
program fiscal year
Update provided
at 1Qt meeting.
16.A.10
Packet Pg. 389 Attachment: 3QT Action Items Progress Report (6625 : Floodplain Management Planning Comittee -
FMP Progress Report for 2018 Action Items
3rd Quarterly Meeting 2018 – August 8th, 2018
See pages 219 – 231 of Floodplain Management Plan (FMP) for related Mitigation Action Item Information: Related Goal, Addresses Current Development, Address Future Development, Continued Compliance with NFIP, Hazards
addressed, Issues/Background, Other Alternatives, Existing Planning Mechanisms through which Action Will Be Implemented, Cost Estimate, Benefits (Losses Avoided), and Potential Funding.
Required ID Action Related
Goal
Mitigation
Category
Responsible
Department Recurrence
Performance Tracking
1st Quarterly
Meeting
2nd Quarterly
Meeting
3rd Quarterly
Meeting
4th Quarterly
Meeting
2018-2022 is
available for review.
Yes 2.4
Support Stormwater Planning projects, starting with the top four:
1. Golden Gate City Stormwater Management Improvement
2. Naples Park Area Stormwater Management Improvement
3. West Goodlette Rd Area Stormwater Management Improvement
3a. Immokalee Area Stormwater Management Improvement
1, 5
Prevention,
Structural
Projects
Capital Projects
Planning
(Stormwater
Planning)
5 years
Fiscal year 2018-
2022 outlines
project descriptions.
Document is
available for review.
Stormwater
Management
Section to
provide update.
3.0 STORMWATER MANAGEMENT QUALITY PROGRAMS
No 3.1
Continue to implement policies requiring BMPs for erosion and sediment controls to comply
with NPDES permit requirements. 4, 5
Prevention,
Natural
Resource
Protection
Capital Projects
Planning and
Engineering
5 years
LDC amendments
(Section 6.01.05) to
strengthen
sediment and
erosion control are
working their way
to the BCC through
the Planning
Commission. It will
add requirements
for soil erosion and
sediment control
Best Management
Practices for single
family, two family,
townhouses, and
underground utility
construction.
LDC 6.01.05, “Soil
Erosion and
Sediment
Control” was
amendment and
approved by the
BCC April 24 (see
attached
ordinance 2018-
18, beginning on
page 26). One of
the big changes is
single family
homes are no
longer exempt
and must comply
with pollution
prevention
practices during
construction.
No 3.2
Continue stormwater management and water quality programs to address BMP opportunities
throughout the County. 4, 5
Prevention,
Natural
Resource
Protection
Capital Projects
Planning 5 Years
Collier County
continues to
address water
quality through the
requirements of its
In 2014, an
alternate source
of funding to
adequately fund
stormwater
16.A.10
Packet Pg. 390 Attachment: 3QT Action Items Progress Report (6625 : Floodplain Management Planning Comittee -
FMP Progress Report for 2018 Action Items
3rd Quarterly Meeting 2018 – August 8th, 2018
See pages 219 – 231 of Floodplain Management Plan (FMP) for related Mitigation Action Item Information: Related Goal, Addresses Current Development, Address Future Development, Continued Compliance with NFIP, Hazards
addressed, Issues/Background, Other Alternatives, Existing Planning Mechanisms through which Action Will Be Implemented, Cost Estimate, Benefits (Losses Avoided), and Potential Funding.
Required ID Action Related
Goal
Mitigation
Category
Responsible
Department Recurrence
Performance Tracking
1st Quarterly
Meeting
2nd Quarterly
Meeting
3rd Quarterly
Meeting
4th Quarterly
Meeting
NPDES MS4 Phase 2
Stormwater Permit.
NPDES activities
include education to
all sectors of the
public.
management
related initiatives
and operations
was begun. An
Ordinance was
drafted to create
the Stormwater
Utility and on
April 10, 2018,
the Board of
County
Commissioners
approved the
Ordinance (Ord.
2018-16) along
with the
accompanying
Resolution (2018-
071). See
https://www.arcg
is.com/apps/Map
Journal/index.ht
ml?appid=e8921
b019c5f4a5f88ce
30e499967748
for details.
Yes 3.3
Maintain a professional landscaper certification program. 2, 4
Public
Information
and Outreach
Green
Industries-Best
Management
Practices Office,
CC Contractor
licensing, CC
Tax Collector
and FDACS
Annual
Upcoming class:
Adaptation Planning
for Coastal
Communities
2/27/2018.
Location: Naples
Botanical Gardens
Auditorium.
Upcoming class:
Green Industries
Best
Management
Practices
8/21/2018.
Location:
Rookery Bay
Environmental
Learning Center.
16.A.10
Packet Pg. 391 Attachment: 3QT Action Items Progress Report (6625 : Floodplain Management Planning Comittee -
FMP Progress Report for 2018 Action Items
3rd Quarterly Meeting 2018 – August 8th, 2018
See pages 219 – 231 of Floodplain Management Plan (FMP) for related Mitigation Action Item Information: Related Goal, Addresses Current Development, Address Future Development, Continued Compliance with NFIP, Hazards
addressed, Issues/Background, Other Alternatives, Existing Planning Mechanisms through which Action Will Be Implemented, Cost Estimate, Benefits (Losses Avoided), and Potential Funding.
Required ID Action Related
Goal
Mitigation
Category
Responsible
Department Recurrence
Performance Tracking
1st Quarterly
Meeting
2nd Quarterly
Meeting
3rd Quarterly
Meeting
4th Quarterly
Meeting
Yes 3.4
Develop a Low Impact Development (LID) Manual. 1, 4, 5 Prevention,
Natural
Resource
Protection
Capital Projects
Planning
(Pollution
Control)
2-4 years Drafting of the LID
Manual is ongoing.
Status:
Approximately ¾
complete.
A Final draft of
the LID manual
was completed in
May 2018 and is
currently being
reviewed by
County
Stormwater
Management
staff and
Engineering
Review staff.
No 3.5
Utilize pollutant screening baskets in catch basins. (City of Marco Island) 4
Prevention,
Natural
Resource
Protection
City of Marco
Island Public
Works
Department
5 years
Ongoing. The
current coverage of
the Marco Storm
Drain system has
not changed since
the first quarter of
2017.
Ongoing. The
current coverage
of the Marco
Storm Drain
system has not
changed since
the first quarter
of 2017.
4.0 FLOODPLAIN MANAGEMENT SECTION SERVICES
Yes 4.1
Coordinate with the local real estate boards to hold all educational meetings about flood
insurance. 1, 2
Public
Information
and Outreach
Floodplain
Management
Section
- Yearly/
When maps
change or
NFIP reform
Staff provided NFIP
& FBC outreach to
Berkshire Hathaway
Home Servicers on
2/2/2018. Further
outreach scheduled
for 2/23/2018 with
NABOR.
No update.
Yes 4.2
Maintain active participation and communication with federal/state/local organizations and
agencies to identify flood hazard information and enhance flood hazard awareness, including
building construction requirements.
1, 2
Public
Information
and Outreach
Floodplain
Management
Section
As needed.
NFIP reform.
Floodplain
Management staff
is in the process of
scheduling Del
Schwalls of Schwalls
Consulting to
provide training
covering NFIP
Del Schwalls of
Schwalls
Consulting
provided training
to Growth
Management
Staff on
4/25/2018.
16.A.10
Packet Pg. 392 Attachment: 3QT Action Items Progress Report (6625 : Floodplain Management Planning Comittee -
FMP Progress Report for 2018 Action Items
3rd Quarterly Meeting 2018 – August 8th, 2018
See pages 219 – 231 of Floodplain Management Plan (FMP) for related Mitigation Action Item Information: Related Goal, Addresses Current Development, Address Future Development, Continued Compliance with NFIP, Hazards
addressed, Issues/Background, Other Alternatives, Existing Planning Mechanisms through which Action Will Be Implemented, Cost Estimate, Benefits (Losses Avoided), and Potential Funding.
Required ID Action Related
Goal
Mitigation
Category
Responsible
Department Recurrence
Performance Tracking
1st Quarterly
Meeting
2nd Quarterly
Meeting
3rd Quarterly
Meeting
4th Quarterly
Meeting
regulations and FBC
updates on
2/23/2018.
Material
presented
covered NFIP
regulations and
updates to the
FBC.
Yes 4.3
Annually replace or update flood information at the following county libraries: Headquarters
(North Collier), Marco Island, Naples Regional, and South Regional. 1, 2
Public
Information
and Outreach
Floodplain
Management
Section
Annual
Floodplain
Management Staff
visited the
aforementioned
library locations on
12/12/2017 and
12/19/2017,
confirming all NFIP
documentation was
present.
Floodplain
Management
Staff will visit the
library locations
is the last of
quarter of 2018
to confirm all
current NFIP
documentation is
present and good
working order.
Yes 4.4
Coordinate with other County departments to develop a program to address all technical
assistance questions from the general public including flood protection assistance, elevation
certificates, building construction requirements, etc.
1, 2
Public
Information
and Outreach
Floodplain
Management
Section
As needed
Ongoing services
provided as
requested.
Requirement of CRS
Act 360.
Ongoing services
provided as
requested.
Requirement of
CRS Act 360.
Yes 4.5
Develop a comprehensive program to provide flood insurance information to property owners
in the SFHA. 2
Public
Information
and Outreach
Floodplain
Management
Section
Yearly
Activity preformed
on daily work basis.
Includes phone calls
from citizens and
lenders.
Activity
preformed on
daily work basis.
Flood insurance
information is
provided by staff
though in-office
visits, email, and
phone
communication.
Yes 4.6
Enhance the County floodplain management website including education/outreach information
for the Flood Watch Program (BCB Tool), and creating an informational section for the
professional community regarding requirements for a Letter of Map Changes submittal to the
County.
1, 2
Public
Information
and Outreach
Floodplain
Management
Section
Annual Ongoing
The Big Cypress
Basin has a new
resource to
monitor water
levels within
Collier County’s
16.A.10
Packet Pg. 393 Attachment: 3QT Action Items Progress Report (6625 : Floodplain Management Planning Comittee -
FMP Progress Report for 2018 Action Items
3rd Quarterly Meeting 2018 – August 8th, 2018
See pages 219 – 231 of Floodplain Management Plan (FMP) for related Mitigation Action Item Information: Related Goal, Addresses Current Development, Address Future Development, Continued Compliance with NFIP, Hazards
addressed, Issues/Background, Other Alternatives, Existing Planning Mechanisms through which Action Will Be Implemented, Cost Estimate, Benefits (Losses Avoided), and Potential Funding.
Required ID Action Related
Goal
Mitigation
Category
Responsible
Department Recurrence
Performance Tracking
1st Quarterly
Meeting
2nd Quarterly
Meeting
3rd Quarterly
Meeting
4th Quarterly
Meeting
canal system. The
information can
be found at the
follow web
address:
http://apps.sfwm
d.gov/sitestatus/
#
5.0 EMERGENCY MANAGEMENT
No 5.1 Continue to annually fulfill all training and reporting requirements to be certified as a “Storm
Ready” community.
1, 2 Emergency
Services, Public
Information
and Outreach
Emergency
Management
3 years Collier County was
recertified as a
“Storm Ready”
community in 2017.
Collier County
was recertified as
a “Storm Ready”
community in
2017.
6.0 OTHER MITIGATION ACTIONS
No 6.1
Continue support of the Coastal Zone Management program. 4
Natural
Resource
Protection
Capital Projects
Planning
(Coastal
Management)
Annual No update. No update.
Yes 6.2
Plan to obtain topographic information, including LiDAR in 10-15 year intervals. 1, 3
Prevention,
Property
Protection
Floodplain
Management
Section
10-15 years No update.
No update.
Yes 6.3
Develop a Program for Public Information (PPI) involving Collier County, Marco Island, Naples
and Everglades City. 2
Public
Information
and Outreach
Floodplain
Management
Section
Annual Joint PPI initiative
discontinued. Joint PPI initiative
discontinued.
16.A.10
Packet Pg. 394 Attachment: 3QT Action Items Progress Report (6625 : Floodplain Management Planning Comittee -
FMP Progress Report for 2018 Action Items
3rd Quarterly Meeting 2018 – August 8th, 2018
See pages 219 – 231 of Floodplain Management Plan (FMP) for related Mitigation Action Item Information: Related Goal, Addresses Current Development, Address Future Development, Continued Compliance with NFIP, Hazards
addressed, Issues/Background, Other Alternatives, Existing Planning Mechanisms through which Action Will Be Implemented, Cost Estimate, Benefits (Losses Avoided), and Potential Funding.
16.A.10
Packet Pg. 395 Attachment: 3QT Action Items Progress Report (6625 : Floodplain Management Planning Comittee -
16.A.11
Packet Pg. 396 Attachment: Development Review QT3 2018 (6625 : Floodplain Management Planning Comittee - August 2018)
16.A.12Packet Pg. 397Attachment: August 8, 2018 Sign In Sheet (6625 : Floodplain Management Planning Comittee - August