Agenda 11/08/2011 Item #10A11 /8/2011 Item 10.A.
n EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners (Board) to direct the County
Manager or his designee to implement a public information plan for the adoption of the
Federal Emergency Management Agency (FEMA) Digital Flood Insurance Rate Map
(DFIRM) and to advertise an ordinance amending the Flood Damage Prevention
Ordinance (FDPO) for future Board consideration.
OBJECTIVE: To obtain Board direction on the amount of effort to put forth in a public
information program for the upcoming finalization and adoption of the FEMA DFIRM and for
amending the FDPO.
CONSIDERATIONS: Since 2004, staff has been working with FEMA through a Community
Technical Partners Partnership Agreement (CT?) to produce an updated DFIRM. That work
effort is coming to a conclusion as 2011 ends, with an anticipated Letter of Final Determination
(LFD) from FEMA by mid- November, 2011. When FEMA issues the LFD, the DFIRM then
becomes eligible for local community adoption within six months of the date of the LFD. The
DFIRM would automatically become effective for flood insurance purposes six months after the
date of the LFD. The base flood elevations contained in the DFRM will become effective -for
building permits at the time of the effective date of their adoption in the FDPO.
Results of the Agp#1
While.most of the County will have the finalized DFIRM the same as the Preliminary DFIRM,
within the two basins appealed by the County there are substantial changes. The "appeal" was
accepted by FEMA as submitted in its final form by the County's consultant. Roughly 20,000
structures benefited from this "appeal" by changing the flood zone from an AH to an X
designation and thereby removing them from the floodplain. This also removed their potential
federal requirement for flood- insurance purchases. However, a few properties saw the reverse
happen. Of the 30+ scientifically based protest submittals made by various property owners,
almost all of them were accepted as submitted, with a few receiving minor revisions due to
mapping capabilities or revisions to the base flood elevations within the "appeal" basins.
Public Information Pro=
In anticipation of the LFD, the County Manager proposes to prepare a public information
program to:
• Advise local property owners within the two basins (Golden Gate Main West and Golden
Gate Estates) of flood zone and flood elevation changes as a result of the County's
Preliminary DRM appeal;
• Utilize a Press Release and update the County's website to inform the public of the
changes;
• Post the DFIRM in a user friendly format on the County's website so property owners
can determine their flood zone and flood elevation by typing in their address;
Inform developers, consultants and contractors of impacts on the submittal of permit and
development applications to the County for review /approval; and
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11/8/2011 Item 10.A.
n • Establish a time for the Board to approve amending the Flood Damage Prevention
Ordinance to adopt the DFIRM for regulatory purposes in unincorporated Collier County.
Staff proposes to hold two evening public meetings within the "appeal" basins. The locations
have not been finalized, but the intent is to have one evening meeting within each basin using the
same meeting format as was held with the public release of the Preliminary DFIRM. Staff would
be available with computers to quickly show owners the finalized flood zone and /or elevation
from the DFIRM and also have flood insurance information available for interested persons.
FEMA representatives would probably not be available, but if the Board desires, a request can be
made to them and/or representatives from the Florida Floodplain Management office.
The development community will need to know how to prepare for the impacts of the DFIRM.
Once the LFD is issued, and before the FDPO is amended to adopt the DFIRM,
• The DFIRM must be used as the best available information for minimum floor elevation
compliance in the Approximate A flood zones.
• The DFIRM may be used, at the option of the community, in current VE and AE flood
zones where there is an increase in risk factor or flood elevation.
• Within current flood zones X and D, the DFIRM flood zones and flood elevations do not
become effective until map adoption by the Board, but could be used in an advisory
manner.
• Within the current VE and AE flood zones, where the DFIRM shows a reduction in the
risk factor or flood elevation, the DFIRM information cannot be used for permitting
purposes until the map is adopted.
�-. • The date for compliance is based upon the date of the LFD and the date of permit
approval, not application submittal.
Amendment to the FDPO and Adoption of DFIRM
As previously stated, the County must adopt the DFIRM within six months of the date of the
LFD (44CFR60.2) exclusive of any appeal through the courts (44CFR67). During the recent
process to revise and update the County's Flood Damage Prevention Ordinance (FDPO) to bring
it into conformance with the State's "model" ordinance, the Board chose not to include an
automatic adoption provision. Therefore the County's FDPO will need to be brought back to the
Board to specifically adopt the DFIRM. When that occurs the following will also be addressed:
• The State and FEMA have identified an oversight in the State's "model" ordinance which
did not include within the duties of the Floodplain Administrator, that the County will
provide FEMA with information that could potentially change the floodplain designation
or flood elevation. Federal Code Chapter 44CFR65.3 requires that this technical data be
submitted within six months of the Floodplain Administrator becoming aware of it, so
that provision needs to be added into the FDPO.
• The State strongly recommends that the "substantial improvement" definition be revised
to remove the word "cumulative" so as to not create any misunderstanding with FEMA
on whether or not Collier County has a cumulative impact provision in its FDPO that
would necessitate defining a time frame for the cumulative assessment.
• The FDPO will also add an acronym for the Code of Federal Regulations (CFR).
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11/8/2011 Item 10.A.
The development community will be impacted by the FDPO in regards to the approval date of
their development orders or building permits and not the application submittal date (reference
the FDPO definitions for "new construction" and "start of construction "). An ordinance
adoption process involves public noticing requirements which should give the development
community time to address the flood zone /elevation impacts within their applications. However,
the County Manager and staff want to give applicants ample notification of the coming changes.
It is proposed to specify a specific effective date in the FDOP instead of just using the date the
ordinance is recorded with the Secretary of State. A draft ordinance with the proposed changes
is attached to this executive summary.
Also attached to this executive summary is a proposed timeline within the Post - Processing of
DFIRM Appeal/BCC Adoption Project Management Plan. This Plan is based upon an estimated
date for the issuance of the LFD and should be understood to be flexible and indicative of time
periods, not specific dates for mandatory completion. The only certainty is the six month time
period for FDPO revision/adoption from the actual date of the LFD.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for
Board approval. -JBW
FISCAL IMPACT: Excluding staff time, the fiscal impact is expected to be less than $900 for
materials and advertising costs which is available within the current budget.
GROWTH MANAGEMENT IMPACT: The FEMA DFIRM does not directly change the
Growth Management Plan and therefore has no impact. n
RECOMMENDATION: That the Board of County Commissioners directs the County
Manager or his designee to:
1. Implement the proposed DFIRM public information program as described above, and
2. Advertise an ordinance amending the Flood Damage Prevention Ordinance for Board
consideration and adoption in early 2012 (January or February) with an effective date that
falls within six months of the Letter of Final Determination date.
PREPARED BY: Robert C. Wiley, P.E., CFM, Principal Project Manager
Land Development Services
Growth Management Division
Attachments:
Post - Processing of DFIRM Appeal/BCC Adoption Project Management Plan
Proposed Ordinance to Amend the FDPO
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A.
11/8/2011 Item 10.A.
Item Summary: Recommendation for the Board of County Commissioners (Board) to
direct the County Manager or his designee to implement a public information plan for the
adoption of the Federal Emergency Management Agency (FEMA) Digital Flood Insurance Rate
Map (DFIRM) and to advertise an ordinance amending the Flood Damage Prevention Ordinance
(FDPO) for future Board consideration. (Robert Wiley, Principal Project Manager, Growth
Management Division /Planning & Regulation)
Meeting Date: 11/8/2011
Prepared By
Name: WileyRobert
Title: Project Manager, Principal,Engineering & Environme
10/13/20115:04:23 PM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 10/14/20117:52:17 AM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 10/14/20113:09:44 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 10/14/20113:34:36 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 10/14/20114:44:08 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/24/2011 11:30:55 AM
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Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 10/24/20113:30:55 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/26/20112:15:45 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/28/2011 10:56:04 AM
Name: OchsLeo
Title: County Manager
Date: 10/31/20113:16:33 PM
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11/8/2011 Item 10.A.
11 /8/2011 Item 10.A.
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11/8/2011 Item 10.A.
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DRAFT 11/8/2011 Item 10.A.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2011-07, RELATING TO FLOOD DAMAGE PREVENTION, BY
AMENDING SECTION TWO, "ACRONYMS AND DEFINITIONS,"
SECTION THREE, "GENERAL PROVISIONS," AND SECTION
FOUR, "ADMINISTRATION," IN ORDER TO ADOPT, TO THE
EXTENT APPLICABLE, THE REGULATIONS AND POLICIES SET
FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE
PREVENTION ORDINANCE AND ADDRESS THE SUFFICIENCY
FINDINGS OF THE STATE OF FLORIDA FLOODPLAIN
MANAGEMENT OFFICE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE OF MARCH 30, 2012.
WHEREAS, the Collier County Board of County Commissioners (Board) seeks to protect
the health, safety and welfare of the citizens of Collier County; and
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public including flood damage prevention
ordinances; and
WHEREAS, on March 8, 2011, the Board adopted Ordinance No. 2011 -07, which
Ordinance repealed and superseded prior ordinances relating to Flood Damage Prevention; and
WHEREAS, the Board desires to amend Ordinance No. 2011 -07 by adopting, to the extent
applicable, regulations and policies set forth in the State of Florida Model Flood Damage
Prevention Ordinance and addressing sufficiency findings of the State of Florida Floodplain
Management Office.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2011-07.
Section Two is hereby amended as follows:
SECTION TWO: ACRONYMS AND DEFINITIONS.
A. ACRONYMS
BFE Base flood elevation
CCCL Coastal Construction Control Line
Words Underlined are added; Words Stmek 44weugk are deleted.
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DRAFT 11/8/2011 Item 10.A.
CFR
Code of Federal Regulations
FEMA
Federal Emergency Management Agency
FIRM
Flood Insurance Rate Map
FIS
Flood Insurance Study
NAVD
North American Vertical Datum
NFIP
National Flood Insurance Program
NGVD
National Geodetic Vertical Datum
SFHA
Area of special flood hazard or Special flood hazard area
SWEL
Stillwater flood elevation
WSWT
Wet season water table
B. DEFINITIONS
Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application. All definitions used in this Flood Damage
Prevention Ordinance are only applicable to this Ordinance and do not supersede any other
Land Development Code definitions
Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a Structure, the ewe cost of which equals or exceeds 50 percent of the
Market value of the Structure before the "Start of construction" of the improvement. This �
term includes Structures that have incurred "Substantial damage" regardless of the actual
repair work performed. This term does not, however, include any repair or improvement of a
Structure to correct existing Violations of State of Florida or local health, sanitary, or safety
code specifications, which have been identified by the local code enforcement official prior to
the application for permit for improvement, and which are the minimum necessary to assure
safe living conditions. This term does not include any alteration of a Historic structure
provided that the alteration will not preclude the Structure's continued designation as a
Historic structure.
SECTION TWO: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2011-07.
Section Three is hereby amended as follows:
SECTION THREE: GENERAL PROVISIONS.
A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This Ordinance shall apply to all SFHAs, except as otherwise noted for Building Floor and
Slab Minimum Elevations for all areas of Collier County [see Section 5(A)(16)], within the
jurisdiction of the Board of County Commissioners of Collier County, Florida
Words Underlined are added; Words Stmek Tlwetgh are deleted.
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DRAFT 11/8/2011 Item 10.A.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The SFHA identified by FEMA in the FIS for Collier County, Florida, and Incorporated
Areas, dated Neveft;-b-er 1-7; 2405 <INSERT DATE WHEN NOTIFIED BY FEMA WITH
THE LETTER OF FINAL DETERMINATION >, with the accompanying maps and other
supporting data, are adopted by reference and declared to be a part of this Ordinance. The
FIS and DFIRM are on file at the office of the Clerk to the Board of County Commissioners
located at the County Government Center, 3299 Tamiami Trail East, Bldg. F, 4th Floor,
Naples, FL 34112.
SECTION THREE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2011-07.
Section Four is hereby amended as follows:
SECTION FOUR: ADMINISTRATION.
A. PERMIT PROCEDURES.
Application for a Development Permit shall be reviewed by the Floodplain Administrator
on forms furnished by him or her prior to any Development activities, and may include, but
not be limited to, the following plans in duplicate drawn to scale showing the nature, location,
dimensions, and elevations of the area in question; existing or proposed Structures, earthen
fill, storage of materials or equipment, drainage facilities, and the location of the foregoing.
B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
Duties of the Floodplain Administrator or staff over which the Floodplain Administrator has
supervisory and assigned responsible charge, shall include, but not be limited to:
(13) Facilitate permitting or assist in waivers imposed by other agencies to allow for the
emergency deployment of Temporary housing supported by FEMA, Florida Division
of Emergency Management and Collier County Emergency Management and its
designees.
(14) As soon as practicable, but not later than six months after the date such information
becomes available, notify FEMA of physical changes affecting flooding conditions by
submitting technical or scientific data in accordance with 44 CFR 65.3
Words Underlined are added; Words Stmek Thfo rgh are deleted.
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DRAFT 11/8/2011 Item 10.A.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The Sections of the Ordinance may be renumbered or re- lettered to
accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION FIVE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall become effective on March 30, 2012.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form
and legal sufficiency:
Jennifer B. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS n
COLLIER COUNTY, FLORIDA
, CHAIRMAN
Words Underlined are added; Words StFaek Thfough are deleted.
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